Sotomayor: Equal Access to Law Levels Playing Field for Everyone

Philadelphia

The Monthly Newspaper of the Philadelphia Bar Association Vol. 40, No. 4 April 2011 Sotomayor: Equal Access to Law Levels Playing Field for Everyone

n By Jeff Lyons

Equal justice under law has always meant the process is open to everyone, regardless of their background and regardless of their status in this society, U.S. Supreme Court Associ- ate Justice Sonia Sotomayor told Bar Association members after accepting the Association’s Diversity Award on March 11. Justice Sotomayor was presented with the award, renamed in her honor, before more than 900 people at the Hyatt at The Bellevue. She answered questions from the audience after receiving the award and even got a good-natured Philadelphia booing, saying her beloved New York Yankees would beat the Phillies in a rematch of the 2009 World Series.

“If you talk to most litigants, I Lyons Jeff by Photo remind everyone, there’s a winner and a U.S. Supreme Court Associate Justice Sonia Sotomayor is applauded after answering questions from Bar members at loser,” she said. “The loser is inevitably the March 11 Quarterly Meeting and Luncheon. More than 900 attended the event at the Hyatt at The Bellevue. going to feel that justice wasn’t done issue of the losing party and the needs Justice Sotomayor said the year she to him now. The most important lesson for them. I try, and I tell people this of that party that can’t be answered in worked with Justice John Paul Stevens my mentors taught me was to admit often, you’re not going to solve society’s the courtroom. It has to be answered in was the greatest gift of her career. “He to myself when I didn’t know how to problems in a courtroom. Because in other arenas. For me, it is equal access to taught me what to aspire to – an open- do something. And to understand that a courtroom, you’re taking something the courts and equal process to every- ness of mind and a willingness to learn if I asked, people would help me. And away from at least half the parties in one. Fairness of process, where even if every day something new and to think it is very, very difficult for people like that room. You have to have a broader they’re unhappy with the result, they about how to do my job and to contin- lawyers to do that sometimes, because solution that deals with the underlying feel the process has been open to them.” ue growing in it. I am eternally grateful continued on page 12 Mayor, Gulf Spill Fund Chief to Speak in April In This Issue Philadelphia Mayor Michael Nut- administrator of the federal 9/11 fund Tickets for this plated-lunch program are ter and Kenneth R. Feinberg, President which distributed nearly $7 billion to $35 for Business Law Section members, 4 CLE Options Obama’s compensation czar, will both be more than 5,000 survivors and families $45 for non-Section members who be- 5 State of Court the featured speakers at separate Chan- of victims will be the guest speaker at a long to the Philadelphia Bar Association cellor’s Forums in April. Thursday, April 28 Chancellor’s Forum and $55 for non-members. Visit philadel- 7 YLD Annual Meeting Mayor Nutter will address Bar mem- presented by the Business Law Section. phiabar.org to purchase tickets. bers at a Thursday, April 21 event at Bar Philadelphia Bar Association Chancel- Feinberg was named by President 14 Public Interest Association headquarters. He will also lor Rudolph Garcia will introduce both Obama in June 2010 as the independent engage in a question-and-answer session, speakers. administrator of a $20 billion fund set up 17 No Looking Back as he discusses his proposed 2012 budget The Chancellor’s Forum with Feinberg by BP to compensate victims of the oil 18 32nd Annual 5K and 2012-2016 Five-Year Plan recently will be held at The Ritz-Carlton, Philadel- spill in the Gulf of Mexico. He was ap- presented to City Council. Feinberg, phia, 10 Avenue of the Arts, at 12 p.m. continued on page 11 McDevitt & Kline, LLC Continuing Education Providers April 2011 www.ceworkshops.com Continuing Legal Education Programs

Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010: Where are the Tax, Succession and Estate Planning Opportunities? When: Friday, April 29th, 2011. 9:00 AM to 5:00 PM New Location For This Event: Temple University, Center City Philadelphia. 1515 Market Street, Philadelphia, PA 19102 Guest Speaker: Renzo Cerabino, Esq, CFP®, CLU CLE: 6 Substantive, 1 Ethics Cost: $150 Facing the expiration of the Bush-era tax cuts, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (known as the “2010 Tax Relief Act”). This act creates a two-year window of opportunity that tax planning professionals must consider for their business and individual clients. In this seminar, we will review basic tax, succession and estate planning techniques, including outright and leveraged gifts, testamentary transfers, grantor trusts, life insurance trusts and family limited partnerships. We will also examine how the 2010 Tax Relief Act impacts Section 179 expensing, bonus depreciation, health insurance tax credits, and estate, gift and generation-skipping transfer taxes. In addition, our guest speaker will discuss the ethics rules having the greatest impact on estate planners.

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2 Philadelphia Bar Reporter April 2011 philadelphiabar.org Frontline

Editor-in-Chief Asima Panigrahi, Esq. Lawyers Owe it to Judges, Public Editor Emeritus Bruce H. Bikin, Esq. to Protect Judiciary from Attacks Associate Editors Heather J. Austin, Esq. Ria C. Momblanco, Esq. Our Bill of Rights isn’t worth the public officials, includ- By Rudolph Garcia schools stopped teaching Regina Parker, Esq. paper it’s written on without an indepen- ing judges. But, as civics, people often think Thomas L. Bryan, Esq. dent judiciary to enforce it. retired Justice Sandra judges are like other Edward P. Kelly, Esq. The Soviet Union had a very similar Day O’Connor has said, elected officials who can Sarah L. Hopkins, Esq. Julia Swain, Esq. bill of rights, but it was routinely ignored “Criticism is fine, retali- do whatever the voters Nicole Edwards, Esq. with impunity. The courts weren’t inde- ation and intimidation want, instead of applying Angie Halim, Esq. pendent, so they didn’t challenge govern- are not.” the applicable law. We ment abuses. As a result, the constitution- Judges need to be able need to make sure that Contributing Editor Richard Max Bockol, Esq. ally guaranteed rights were illusory. to decide cases based our next generation of Threats to judicial independence are on the law and the facts voters won’t suffer from Advisory Editors different here, but potentially just as before them, not on that same misunder- Sunah Park, Esq. serious. the whims of whoever standing. Molly Peckman, Esq. Some judges who have made correct happens to be in the At every opportunity, Associate Executive Director, but unpopular decisions have been as- majority at the moment, or whoever has we should explain to our schools and Communications saulted by well-funded smear campaigns the loudest voice. legislators why understanding how our Mark Tarasiewicz to defeat their retention. Several years ago, As lawyers, we need to protect our government works is essential to respon- Senior Managing Editor, a highly respected justice of our Pennsyl- system of justice, by repelling attacks sible democracy. And until they see the Publications vania Supreme Court fell victim to such on judicial independence. We owe that light, we should continue educating stu- Jeff Lyons a campaign. Last November, three Iowa to the judiciary, to ourselves and to the dents ourselves through the bar’s Advanc- Supreme Court Justices were defeated public at large. ing Civics Education (ACE) enrichment Executive Director for retention by conservative activists So what can you do to help? program. Kenneth Shear in retaliation for the court’s unanimous • Speak up against unfair criticism. ACE brings volunteer lawyers and The Philadelphia Bar Reporter (ISSN 1098- decision on same-sex marriage. Activists When your non-lawyer friend or neigh- judges into Philadelphia public high 5352) is published monthly and available by also tried to defeat retention of justices in bor parrots back misguided media or schools to engage the students in critical subscription for $45 per year by the Philadel- phia Bar Association, 1101 Market St., 11th Alaska, Colorado, Illinois and Kansas. We political criticism of a judicial decision, do thinking about government, law and floor, Philadelphia, PA 19107-2911. Periodicals can’t allow our judiciary to be ravaged by you (a) remain silent, (b) agree with the dispute resolution. The program is led postage paid at Philadelphia, PA POSTMASTER: such campaigns. criticism, (c) change the subject, or (d) by Jenimae Almquist and Judge John Send address changes to Philadelphia Bar Re- porter, c/o Philadelphia Bar Association, 1101 Various forms of intimidation are explain why judges need to follow the law Younge. If you would like to par- Market St., 11th floor, Philadelphia, PA 19107- also on the rise, ranging from unfair even when they know their decision will ticipate, please contact either co-chair at 2955. Telephone: (215) 238-6300. Association Web site: philadelphiabar.org. Newspaper e- disparagement of judges to inappropriate be unpopular? If your answer is (a), (b) or [email protected] or john. mail address: [email protected]. The edi- threats of impeachment. In Iowa, for ex- (c), try (d) next time instead. I find that [email protected]. torial and other views expressed in the Phila- ample, state legislators have attempted to usually prompts a far more interesting • Help us educate the voters. Judges delphia Bar Reporter are not necessarily those of the Association, its officers or its members. impeach the remaining justices who were discussion and a much better understand- should be elected or retained based on Advertising rates and information are available not up for retention last November. ing of our judicial process. their qualifications, not based on political from David Hoeckel at MediaTwo, 1014 W. 36th In a democratic society, citizens and • Help restore civics education to St., Baltimore, MD, 21211. Telephone: (443) 909-7824. the media have every right to criticize every school’s curriculum. Since many continued on page 19 Page 1 skyline photo by Edward Savaria, Jr./PCVB Bar’s Classified Ad Website Opens April 4

Tell Us Attorneys looking for jobs and them in any category. The ads will run for be asked to either log in or create an ac- What You Think! employers looking to fill vacancies will 30 days. The “positions available” catego- count. Next, you create the ad by choos- The Philadelphia Bar Reporter have a new resource available on the ry is for law firms or companies that have ing a category and creating a headline for welcomes letters to the editors for Philadelphia Bar Association website. vacancies that need to be filled. “Positions it. Advertisers can then add descriptions, publication. Letters should be typed. To help launch the new section of the desired” is for attorneys looking for a qualifications and contact information. There is no word limit, but editors website (classifieds.philadelphiabar.org), specific job situation, whether it be full- You can then review the posting before reserve the right to condense for a special introductory price of $39 per time work, part-time work, contract work paying the introductory $39 fee. Once clarity, style and space considerations. advertisement has been announced. The or anything else. “Rent/own space” is the you confirm the order and submit the Letters must be signed to verify $39 price per ad will be in effect for the classified section’s real estate listings where listing, the ad will instantly appear on the authorship, but names will be withheld upon request. Letters may be mailed, first three months that classifieds.philadel- you can advertise available office space. website. A confirmation will appear and faxed or e-mailed to: Jeff Lyons, Senior phiabar.org is open. The site is scheduled “Vendor services” is the location where a copy of the receipt will be e-mailed to Managing Editor, Philadelphia Bar to open April 4. court reporters, expert witnesses and you. Reporter, Philadelphia Bar Association, Advertisements will be listed under other non-lawyer professionals can offer Attorneys who are not members of the 1101 Market St., 11th floor, Philadel- four different categories: positions avail- their services to Association members. Philadelphia Bar Association will be able phia, PA 19107-2955. Phone: (215) able; positions desired; rent/own space; To post an advertisement, Bar Associa- to browse the titles of listings, but will not 238-6345. Fax: (215) 238-1159. E-mail: and vendor services. Bar Association tion members should go to classifieds. be able to see the entire listing without [email protected]. members can purchase ads and place philadelphiabar.org. Once there, you will becoming a member of the Association. philadelphiabar.org April 2011 Philadelphia Bar Reporter 3 Now Available, Panel Mulls CLE Options, Future Legal Directory n By Gabriel A. Hindin Responsibility Committee on March 14. The Professional Responsibility Com- Panelists included Abraham C. Reich, mittee co-chairs are Philadelphia Court 2011 Delivers Have you every found yourself past Chancellor of the Philadelphia Bar of Common Pleas Judge Denis P. The brand-new Legal Directory 2011 sitting in a CLE program and thinking, Association, co-chair and partner of Fox Cohen, Barbara S. Rosenberg and Hope arrives this week, filled with updated in- why do I have to be here? Why can’t I Rothschild LLP, and current chair of the A. Comisky. formation essential for Philadelphia-area simply do this online? Why can’t I get Pennsylvania Continuing Legal Educa- The panel explained why CLE credits legal professionals. CLE credit for pro bono work? tion Board; Dan Levering, administrator are mandatory in Pennsylvania. Accord- No other resource brings together so These were some of the hotly debated of the Pennsylvania Continuing Legal ing to the panel, apart from the obvious much useful data in one place, from more issues addressed in an “Open Forum Education Board; and Sara Woods, educational component, mandatory than 18,000 lawyer and law firm entries on CLE” hosted by the Professional executive director of Philadelphia VIP. continued on page 11 to contact information for hundreds of judges and government attorneys; from profiles of law-related organizations to ADR resources; from attorneys organized April CLE Calendar by area of concentration (and by jurisdic- tion) to county court fees and schedules. These CLE programs will be held at Once again for 2011, the Philadelphia The CLE Conference Center, Wanamaker Building, 10th Floor, Bar Association’s officialLegal Directory Suite 1010, Juniper Street entrance unless otherwise noted. is accessible three ways: on your mobile device, on your desktop and in print – all 4/1 • 5th Annual Intellectual Property Law Institute 4/15 • Presenting Mr. Frederick Douglas: His Life & Times for one price. 4/4 • Franchising • Pennsylvania’s New Adoption Amendments Mobile access is a must for busy at- • Ethics Potpourri - Strategic Approaches • Compulsory Arbitration Seminar torneys. 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4 Philadelphia Bar Reporter April 2011 philadelphiabar.org Judge: Number of Med-Mal Cases Down in Phila. n By Thomas L. Bryan In 2010, there were 34 medical malpractice jury trials. venue rule is one of the largest hurdles to such cases. Of those, 26 resulted in defense verdicts. This statistic The meeting concluded with a brief discussion of Court of Common Pleas Supervising Judge Will- represents a seismic shift, as about 60 percent of juries House Bill 495, otherwise known as the “Apology iam J. Manfredi lauded the First Judicial District’s Civil that went to verdict found for plaintiffs as recently as Rule,” that proposes a change to the Pennsylvania Rules Division as dynamic and productive while arguing that 2004. Judge Howland W. Abramson said this shift of Evidence precluding any evidence of “benevolent Philadelphia is not the opportunistic venue for medical reflects a change in the attitude of jurors spurred by the gesture or admission by health care provider or assisted malpractice cases it was once perceived to be. economic downturn. living residence or personal care home.” Judge Manfredi There has been a dramatic decrease in medical mal- Judge Manfredi speculated that the reduction in believes the intentions of the bill were noble and that it practice cases during the past decade, Judge Manfredi medical malpractice cases in Philadelphia is most likely was likely intended to elicit emotionally cathartic mo- told members of the Medical-Legal Committee. He the result of the statutory and rules changes regarding ments between plaintiffs’ families and doctors prior to pointed out that medical malpractice cases now represent medical malpractice cases promulgated by the Pennsylva- trial. Judge Abramson added that literature on medical less than 10 percent of all cases in the Civil Division, nia Legislature and Supreme Court in and around 2002. malpractice cases points out that the cathartic effect of down from nearly 30 percent in 2002. Moreover, the A major change at that time regarded the rule on venue pre-trial mediation may increase the likelihood of pre- overall number of medical malpractice filings declined to for malpractice cases, which, in its present form, only per- trial settlement, and thus a purpose of the bill might also less than 400 in 2010 – down from approximately 1,300 mits medical malpractice cases to be filed in the county have been to encourage settlement. He cautioned that in 2002. These statistics are even more dramatic when in which the alleged harm occurred. One of the more though well intentioned, the bill’s definition of “benevo- considering that the number of major civil filings has hotly discussed topics at the committee meeting was a lent gesture” includes “any explanation” making the bill remained relatively constant during the same time period. newly proposed change to the court rules that would, if overly broad. Judge Manfredi believes that this reduction in volume has accepted, reverse the current venue rule. A reversal would been accompanied by a “tremendous diminution” in the likely undo the recent reduction in volume of medical Thomas L. Bryan is an associate editor of the Philadelphia Bar number and size of jury verdicts for plaintiffs. malpractice cases brought in Philadelphia as the current Reporter. Cameras, E-Filing Could Be Coming to Superior Court n By Angie Halim Podcast Pennsylvania Superior Court is committed to staying on “the cut- Spotlight ting edge of technology” and there is a Visit philadelphiabar.org to listen to realistic expectation that the Common- the podcast from this meeting. wealth is moving toward cameras in the courtroom, Superior Court President Stevens said, because 75 percent of re- Judge Correale F. Stevens told members quests for publication are granted. Stevens of the Appellate Courts Committee on also reminded lawyers that the panels March 8. for any given oral argument are listed in The court is diligently working on advance and available online at the court’s making electronic filing available and law- website, www.superior.court.state.pa.us. yers can expect e-filing capabilities within Offering statistical insight, Stevens said the next two years, Judge Stevens added that decisions of the trial courts are af- during the state of the court session. firmed by the Superior Court 78 percent For the first time in its history, the en of the time whereas the Superior Court’s banc panel will be hearing arguments in decisions are reversed by the Pennsylvania a high school at MMI Prepatory School Supreme Court more than 50 percent of in Freeland, Luzerne County, on April the time. Even though only 7 percent of 5. The court is making an effort to hold re-argument petitions are granted, Stevens more community sessions such as those encouraged lawyers to file the request. He previously held at Temple’s and Dickin- reiterated his earlier point that it never son’s law schools. hurts to ask. There has been some discussion in the The Superior Court handles an im- past regarding whether memorandums pressing caseload of 8,000 cases per year. issued by the court should be made avail- That being said, the court has not – and

able online as an additional legal resource does not intend to – cut back on the Lyons Jeff by Photo for lawyers. A majority of the court number of oral arguments it awards. Pennsylvania Superior Court President Judge Correale F. Stevens decided in September 2010 not to make Given the heavy caseload, the court is posed by the panel are not intended to be the point,” to “read the panel” and to memoranda available online. Consistent paying close attention to the impending hostile. “Sometimes we just want targeted “read the signals” given by the panel. with past practice, opinions are published budget hearings. Stevens said that the information,” Stevens said. Relating to and can be cited as precedent while court is capable of handling the current the issue of questions posed by the panel, Angie Halim ([email protected]), an memoranda are unpublished and should caseload, but that it is critical to maintain it is important to answer the questions, associate with Ahmad & Zaffarese, LLC, is not be cited as precedent. Judge Stevens its five senior judges. he said. In fact, it is “very important” to an associate editor of the Philadelphia Bar reminded lawyers that they can always ask For lawyers arguing before the Superior listen to the judges and to answer their Reporter. for publication. “Never be afraid to ask,” Court, Stevens advised that questions questions. It is also important to “get to philadelphiabar.org April 2011 Philadelphia Bar Reporter 5 THE LEGAL DIRECTORY IS MORE VALUABLE THAN EVER!

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6 Philadelphia Bar Reporter April 2011 philadelphiabar.org YLD Update Law Week to Celebrate John Adams’ Legacy

Each year, the President of the will read his or her es- By Carolyn M. Chopko adulthood. The volun- statements, examinations and cross-exam- United States declares May 1 as Law say at a naturalization teers will also explain inations of witnesses, closing arguments, Day. It is the celebration of the rights ceremony welcoming their experiences as attor- and instructions of the jury throughout and benefits bestowed upon all citizens dozens of new United neys, and what led them several different courtrooms in City through the United States Constitution States citizens at the U.S. to their present careers. Hall. At the conclusion of each trial, the and a call to all Americans to acknowl- Courthouse. The winner On May 6, the Law- students act as the jury and determine edge the importance of our nation’s legal is also provided with a yer for a Day program whether Goldilocks or the Big Bad Wolf and judicial systems. In Philadelphia, we $1,000 college scholar- pairs volunteer attorneys is guilty of a crime. extend that celebration through an entire ship. The contest is open with Philadelphia-area These Law Week programs can only be week. to high school seniors, high school students to a success with your help. The YLD needs Under the direction of Philadelphia attending public, paro- allow the students to several hundred volunteer attorneys, law Bar Association Chancellor-Elect John E. chial, charter or private see what it is like to be students and paralegals to help make Savoth, the Young Lawyers Division co- schools in Philadelphia. a lawyer by observing these programs come to fruition for the ordinates the annual Law Week events on On May 4, the YLD will be organiz- courtroom proceedings and speaking Philadelphia community. We encour- behalf of the Philadelphia Bar Association ing LegalLine in conjunction with this with Philadelphia judges. The students age attorneys of any age, in all areas of and the community at large. This year, we year’s Law Week activities. Through are able to learn first-hand about the law and practice settings to volunteer will celebrate Law Week from Monday, LegalLine, volunteer attorneys provide process of the judicial system, as well as and participate in this year’s Law Week May 2 through Friday, May 6, with the confidential, free legal advice over the the roles lawyers, judges and juries play activities. If you are serving as a mentor to theme: “The Legacy of John Adams: telephone and make referrals to attorneys in our community. All are invited to a a student or know of a student who may From Boston to Guantanamo.” who participate in the Bar Association’s lunch program with Philadelphia District be interested in participating in any of Law Week 2011 will kick off with an Lawyer Referral and Information Service. Attorney R. Seth Williams. the Law Week activities, please consider ABA award-winning program, Legal Ad- LegalLine will be held at Bar Association Also on May 6, the YLD will part- bringing them to an event. vice Live!, a free, ask-a-lawyer event, span- headquarters, 1101 Market St., on the ner with several Philadelphia Court of If you are interested in volunteering or ning across Philadelphia. Attorneys will 11th Floor, from 5 to 8 p.m. Common Pleas judges and their staff to finding out more information about Law provide confidential, in-person answers to Another focus of the YLD’s efforts provide volunteer attorneys to present Week, please contact the 2011 Law Week legal questions and referral information during Law Week is reaching out to lo- cases where the facts of the well-known Co-Chairs, Matthew Laver at: mlaver@ on a wide variety of topics. This year’s first cal school students, in an effort to help fairytales – “Goldilocks and the Three wglaw.com; or Roxane Crowley at: rcrow- Law Week event will take place on May them better understand law and the legal Bears” and the “Three Little Pigs” – are [email protected]. 2 from 12 to 2 p.m. at select branches of profession. Throughout the week, we’ll used as the basis for mock criminal trials the Philadelphia Library, including the coordinate the Lawyer in the Classroom during the “Trials of Goldilocks” and the Carolyn M. Chopko (cchopko@feldma- Central Branch. program, where volunteer attorneys will “Big Bad Wolf.” During this popular Law nshepherd.com), an associate with Feldman Also on May 2, the winner of the visit Philadelphia-area schools to address Week program, volunteers act as prosecu- Shepherd Wohlgelernter Tanner Weinstock Edward F. Chacker Essay Contest, named students’ concerns about the law and the tors, defense attorneys and witnesses in & Dodig LLP, is chair of the Young Lawyers for past Chancellor Edward F. Chacker, legal issues that affect them as they enter the criminal trials, which include opening Division. Barkann is YLD Keynote Speaker April 14 n By Michael Petitti representing low-income transgender She planned the Conference’s first-ever individuals; Heather McDanel, the Direc- CLE program and walk-in legal clinic. A dedicated advocate for the tor of Students Run Philly Style, will Hrubos serves on the Legal Advisory transgender community, the founder of receive the F. Sean Peretta Award; and the Board for the Legal Services Department a program that offers marathon training law firm of Ciardi Ciardi & Astin will re- at the Mazzoni Center, the only agency to help improve the lives of Philadelphia’s ceive the YLD Vision Award. YLD Chair in Philadelphia that provides direct legal youth, and a general practice law firm Carolyn M. Chopko will also speak. services to low-income LGBT individu- with a long history of supporting the Hrubos focuses her practice in all als facing legal obstacles related to sexual Young Lawyers Division will each be aspects of labor and employment law orientation and/or gender identity. honored with a YLD community service representing clients in a broad range of McDanel founded and serves as the award at the Division’s Annual Meet- labor and employment matters. In 2010, director of Students Run Philly Style, the ing, Thursday, April 14 at 12 p.m. at the as a first-year associate, Natalie engaged only program in Philadelphia offering Crystal Tea Room in the Wanamaker in significant pro bono work represent- marathon training to help young people Building, 100 Penn Square East, 9th ing low-income transgender individuals succeed in life that is operated out of the Michael Barkann Floor. seeking legal name changes and correc- National Nursing Centers Consortium Comcast SportsNet’s Michael Barkann, tions to their identity documents. Hrubos (NNCC). The organization has served Students Run Philly Style was named by a seven-time Pennsylvania Sportscaster is an active member of the Planning more than 2,500 students from all over the Surgeon General as the Local Best of the Year and a five-time Philadelphia Committee for the Philadelphia Trans- the city. In addition to ongoing men- Practice in addressing childhood obe- Sports Emmy Award winner, will present Health Conference, a three-day event toring through running, Students Run sity, recognized by Philadelphia District the keynote speech at the event. that promotes health and wellness within Philly Style includes extensive leadership, Attorney R. Seth Williams as a “valuable Natalie Hrubos will receive the Craig the trans community through workshops academic and civic engagement oppor- investment in our youth,” and selected M. Perry Award for her pro-bono work and other educational opportunities. tunities. Under McDanel’s leadership, continued on page 19 philadelphiabar.org April 2011 Philadelphia Bar Reporter 7 state civil litigation section JLC’s Levick Discusses Luzerne Co. Kids Scandal n By Edward P. Kelly

Luzerne County’s “Kids for Cash” scandal affected the lives of thousands of children and their families and remains national news. Lo- cally, the Juvenile Law Center (JLC) played a key role in bringing those responsible to justice. Photo by Jeff Lyons Jeff by Photo State Civil Litigation Section Co-Chair Robert T. Szostak (from left) is joined by panelists Charles Becker, Glenn A. Ricketti At a recent meet- and Will Shapiro along with Section Co-Chair Mark N. Cohen at the Section’s March 9 quarterly meeting. ing of the Criminal Justice Section and Levick the Civil Rights Medicare Liens – Are You Ready? Committee, members heard from JLC’s co-founder and current deputy director and chief counsel, Marsha Levick. New Requirements Begin Jan. 1 JLC received a call in 2007 from the distraught mother of a high school n By Kari Samuels “Everything You Always Wanted to sophomore who was charged with harass- Know About Medicare and Medicaid ment due to a parody she posted on The new Medicare requirements Liens But Continue to be Afraid to Ask” Podcast MySpace. The student appeared without are designed to enable the Centers at the March 9 meeting of the State Civil Spotlight a lawyer before Luzerne County President for Medicare and Medicaid Services Litigation Section. The “new” Medicare Judge Mark Ciavarella and, after a short Visit philadelphiabar.org to listen to (CMS) to determine who should pay for reporting requirements become effective the podcast from this meeting. hearing, was declared delinquent and ad- medical services as between a primary Jan. 1, 2012 for all cases settled after Oct. judicated to a facility. JLC filed a habeas and secondary payer. While repayment 1, 2011. writ and had the adjudication overturned, provisions have been in place since 1980, The first central theme of the discus- future medical expenses in liability and but the damage had been done. However, historically, CMS did not start enforc- sion was “be afraid…be very afraid,” as no-fault cases, and there is considerable because JLC dealt with a similar situation ing them until 2001, and then in only Medicare is permitted double damages debate about whether the civil bar should in 1999 when a juvenile had appeared workers’ compensation cases. The new plus interest if the primary payer knew or anticipate setting aside settlement funds without counsel before Judge Ciavarella requirements now also place the burden should have known of Medicare’s interest in civil litigation settlements discussions. and was declared delinquent after a short on insurers, litigants and their attorneys but paid the claimant. In addition, a The current thinking runs the gamut hearing, the organization decided to do if Medicare is not reimbursed for eligible penalty of $1,000 per day may be assessed from a “CYA” mentality to “no regs, no their own investigation. They discovered medical expenses paid on behalf of a for noncompliance for each individual requirement.” that more than 50 percent of children settling plaintiff in all manner of civil for whom information should have been What should practitioners take away who appeared before Judge Ciavarella litigation. submitted. from this, given the uncertainty of the waived the right to counsel, which was Panelists Glenn A. Ricketti, Will In view of the severity of potential pen- requirements and potential severity of 10 times higher than the rest of the state. Shapiro and Charles Becker discussed alties, the second recurring theme focused noncompliance? (1) Be informed. Learn And more than 60 percent of those who on “having control while cooperating,” the new reporting requirements well in appeared without a lawyer were placed staying engaged, and obtaining Medicare advance of the launch date in 2012 - as outside the home. information early in the litigation, regard- in now. Hire a consultant if needed. (2) With the support of the Pennsylvania less of who you represent. In addition to Start collecting Medicare information on Attorney General and the Department of early and continual follow up regarding your clients and adversary’s clients now, Public Welfare, JLC filed a King’s Bench NEW WAYS TO potential Medicare exposure, it is also as any case that settles after Oct. 1, 2011, Petition in the spring of 2008 and asked CONNECT TO US! important to analyze various release op- is fair game. (3) Stay informed. Follow the Pennsylvania Supreme Court for di- tions and different ways that settlement developing case law as the implementa- rect intervention. Within a month of this money may be held as between counsel, tion and enforcement of these rules takes filing, Judge Ciavarella removed himself the insurer and the plaintiff so that all shape in our courts. from the bench. The Supreme Court parties are appropriately protected from The power point presentations from turned down the petition in January CMS’s wrath. the panelists will be made available on 2009. However, two weeks later, the U.S. The third main topic of discussion the State Civil Section webpage at http:// Attorney’s Office filed charges against was Medicare Set-Aside Trusts (MSAs), www.philadelphiabar.org/page/StateCivil Judge Ciavarella and Judge Michael which are required in workers’ compensa- LitigationSection?appNum=4. Conahan. JLC then re-filed the petition, tion cases to reimburse for future medical which was granted this time, and a special expenses paid by Medicare. By contrast, Kari Samuels ([email protected]) is an master was appointed. there are no regulations requiring or associate with McCarter & English, LLP and Although both judges plead guilty and otherwise even mentioning MSAs for secretary of the State Civil Litigation Section. continued on page 15

8 Philadelphia Bar Reporter April 2011 philadelphiabar.org VIP’s 30th Anniversary Mediation Diverting Custody Cases

n By Meredith Brennan

A custody mediation initiative is diverting approximately 100 cases a year from Philadelphia Family Court, Cheryl Cutrona, executive director of Good Shepherd Mediation Program, told the Family Law Section at a March 7 program. Cutrona focused her presentation on the Family Pas- sages Initiative, which provides mediation for families that are in transition. As part of the Family Passages Initiative, Good Shepherd provides free custody mediation three days a week in the Custody Masters Unit in Family Court. The mediators announce their presence to the litigants awaiting Masters hearings, and the litigants can opt to try mediation before their custody hearing. Of those who do elect to try mediation, approximately 95 percent are unrepresented. Each year, Good Shepherd mediates about 125 custody cases in Family Court, and approximately 85 percent of those cases result in a mediated agreement.

Photo by Rusty Kennedy Rusty by Photo The mediators are staff members and volunteers who Former Gov. Edward G. Rendell is joined by Chancellor Rudolph Garcia at Philadelphia VIP’s 30th have completed the eligibility requirements as set forth Anniversary Gala on March 19 at The Westin Philadelphia. Rendell was presented with VIP’s Pinnacle in Pa. R.C.P. 1940.4 for custody mediators. The require- Award for his outstanding commitment to access to justice for all. More than 500 people attended. ments include at least 40 hours of approved divorce and custody mediation training. The mediators attempt to help parties reach agreements regarding the physical custody schedule, holidays and vacations, transportation arrange- ‘TMM’ a Networking Necessity ments, guidelines for telephone and intent access, and any other issues the parties wish to mediate. The mediators do n By Mary-Kate Breslin Consider existing contacts, whether you know them not provide any legal advice to either party. from the dry cleaners, fitness club, trade organizations, Prior to each custody mediation, the parties are inter- When someone asks what you do for a living children’s school, religious affiliations, or alumni -as viewed separately to determine if mediation is appropriate. “don’t say that you are a lawyer, it is a conversation sociations. Recognize that all of those people are a part Good Shepherd will not mediate a case if there has been a stopper,” warned Kimberly Alford Rice, a principal of of your existing network, and practice cultivating those protection from abuse action within the last 24 months, KLA Marketing Associates, as she recently presented relationships to your advantage. if DHS has been involved with the family, or if a criminal networking essentials for women to the Women in the When it comes to exchanging business cards, it is check determines that one of the parties has a history of of- Profession Committee. Rice has been offering strategic critical to not passively hand out business cards and ex- fenses that would preclude the party from having custody marketing and business development services for law- pect people to contact you when they need legal advice. of a child. A case may also be deemed inappropriate for yers for nearly 20 years. Instead, ask for their business cards in return so that you mediation if a party reports abuse or threats, if a party TMM is an acronym for Rice’s “Tell Me More” ice- may incorporate them into your marketing plan. When seems afraid to express concerns openly, or if the parties breaker statement, which she urges anyone serious about you are handed a business card, take a moment to look cannot speak with each other. networking to develop. Rice instructed the women in at it; there may be something on the card that can be The mediator’s role is to encourage communication, her group to think of something that each one of them used immediately as a conversation piece. Then, before clarify issues, help the parties generate creative options, could say upon meeting a person for the first time that you put it away, write something on the card about the serve as a neutral sounding board, assist the parties with would jump start a conversation. While the classic person whom you just met that will help you remember refining possible solutions, and when an agreement is 30-second elevator pitch is useful, your TMM should be the encounter at a later date. reached, memorialize it. a statement devoid of legalese, one with some mystery to Additional networking tips include effectuating seven The benefits of mediation are numerous, including that it, that makes the other person say, “tell me more.” For to ten “touches” per year to your entire network as part it allows participants more control over the outcome, it example, an estate planning attorney, when asked what of an effective marketing plan; when in conversation, is less stressful than a court proceeding, and a cooperative she does for a living, might respond ‘I help families’ listen more than you talk and ask lots of questions; and process can lead to a “win/win” agreement for both sides. rather than ‘I am an estate planning attorney.’ be both mentor and mentee. Rice stressed the impor- Parties are generally more satisfied with, and more likely Networking is not something that should feel forced, tance of learning more about the people with whom to honor, agreements that they negotiate personally, as op- or that might “depart from the integrity of our person- you network, finding out what troubles them, and then posed to custody schedules that are court ordered. In fact, ality,” Rice advised. It should take place every day and distinguishing yourself by developing solutions. She 94 percent of participants report being “very satisfied” with everywhere so that with time it will be easier and feel encouraged the group to “live in the mindset of a help- the mediation process at Family Court, and the majority of more natural. Do not overlook the people with whom ful spirit.” participants report that they would “definitely” use media- you interact on a regular basis. Oftentimes women feel tion if another custody dispute arose. unnatural and pushy when they network, compared to Mary-Kate Breslin ([email protected]) is a their male counterparts. It is not necessary to attend a third-year law student at Drexel University Earle Mack School Meredith Brennan ([email protected]), a partner networking event to expand your sphere of influence. of Law. with Momjian Anderer LLC, is secretary of the Family Law Section. philadelphiabar.org April 2011 Philadelphia Bar Reporter 9 “Personalized Service, The Foundation for Success.”

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10 Philadelphia Bar Reporter April 2011 philadelphiabar.org CLE Earning CLE credits in exchange continued from page 4 for completing pro bono work was Welcoming Remarks another much-discussed topic led by CLEs help instill confidence in the pub- Woods. The panel introduced a new lic that lawyers have the skills to compe- proposal under consideration whereby tently represent their clients. Although lawyers would earn three CLE credits these are the stated purposes, is there in exchange for 15 hours of pro bono any way to measure whether mandatory representation and whatever necessary CLEs really improve professional com- training is required by the pro bono pro- petence? This was the question posed by vider. Joseph A. Sullivan Jr. indicated the Rosenberg, the panel moderator. Indeed, reasoning behind awarding CLE credits as the panel acknowledged, there is no for pro bono work: first, it encourages such data available. However, they ap- lawyers to render pro bono legal services propriately pointed out that because law and second it provides the opportunity is a dynamic and complex profession, to learn through practice. Richard Mc- lawyers must continually develop their Coy, executive director of the Pennsyl- professional skills, otherwise they will vania Bar Institute, acknowledged the not be properly equipped to serve the value of learning through practice but public. questioned whether it was contemplated Why can’t more CLE credits be by the CLE rules. He further questioned offered online? This was a question the whether there was a distinction between audience put to the panel. With distance the learning that takes place in a lawyer’s learning lawyers can take CLE classes everyday practice compared to the learn- online and earn credits from the comfort ing during pro bono representation. of their home. Currently, lawyers can So, where does the future of CLE only apply four distance-learning credits lie: in the comfort of one’s home, in the per compliance year. Many audience excitement of a courtroom, or in the members favored increasing the amount intellectual stimulation of a classroom? Lyons Jeff by Photo of distance learning credits lawyers can Stay tuned. Chancellor Rudolph Garcia and Beverly H. Rampaul, chair of the Pennsyl- vania Bar Association Minority Bar Committee, offered welcoming remarks earn as a means to cut back on the costs at the 23rd Annual Pennsylvania Bar Association Minority Attorney Confer- and other burdens of attending a live Gabriel Hindin (Gabriel.Hindin@courts. ence on March 17-18 at the Doubletree Hotel Philadelphia. The theme of class. The panel indicated an increase phila.gov) is clerk to Philadelphia Court of the conference was “Continuing an Agenda for Change.” might be possible. Common Pleas Judge Denis P. Cohen.

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philadelphiabar.org April 2011 Philadelphia Bar Reporter 11 Sotomayor continued from page 1 we’re taught to be confident and brash and up front. And clients come to us looking for answers and we feel we have to have the answers at our fingertips. But the reality is there’s very little in life that’s so black and white. Very few people are born lawyers. You have to learn to be a lawyer. You have to learn to be just about anything in life. For my mentors, I am eternally grateful that every time I said ‘please help’ they opened their hands to me and gave me that help. So that’s what I try to give back when I have people in my life now,” she said. On the topic of diversity, Justice Sotomayor said education remains the key. “I have said repeatedly that until we solve the structural problems that make an equal education available in public and private institutions that we will not be able to reach diversity of society. To me, that is and remains our most pressing problem.” She called her confirmation process “horrible,” yet it provided her with a different way to look at the issues. “As tiring and as draining as meeting 92 senators was, I thanked them during the process. It was sort of a window into America, listening to them talk about issues they were passionate about. Who gets to stand next to the president and vice president in front of the world? All of Immediate-Past Chancellor Scott F. Cooper accepts the gold box from Chancellor Rudolph Garcia at the those moments are very, very precious. But the process is March 11 Quarterly Meeting. The gold box is presented annually to the immediate-past Chancellor and is grueling. What I fear is that I’m not sure of how to im- inscribed with the message “acquired not by money, but by character.” The box is an exact replica of the one presented to Andrew Hamilton for his defense of John Peter Zenger in 1735. prove it in a way that would ever really satisfy the public. Because what I learned in my process with the senators is what they’re looking for is something that any judicial applicant should never do – which is to tell people how they will vote in a case that is not before them. So if you can’t satisfy that need, there has to be another purpose to that process. And the only one that I can think of is for the public, for perhaps the only time, to hear or meet a new justice. And to take stock of them as a person and their character, their integrity and their commitment to the rule of law. If the public, however, remains interested in knowing how we will vote, they’re always going to be unhappy. Because frankly, I don’t know how I’m going to vote until I’ve heard the case and studied it. The expectations can never be met.” Justice Sotomayor said all of the “firsts” she’s experienced in her life have been both a blessing and a burden. “I never anticipated the public’s reaction to my appoint- ment to the Supreme Court. When you’re living your life, you just live it. And I don’t know that I ever looked beyond what my own living was to see how other people might perceive it. I understand that in my career as a Lyons Jeff by Photos justice, I’m going to disappoint a lot. There’s no way I no way I could do all of them. So Justice O’Connor is actively work- can meet people’s expectations. First, because some of yes, it is a blessing and a burden ing on a civics website program the expectations are not grounded in what I can do. I sometimes.” Podcast that’s interactive where kids can am one of nine. There’s no way that my voice can sway It’s up to everyone, not just Spotlight learn about the courts. In spending everyone in every case that people find important. And attorneys and judges, to encour- time in schools and opening the because there will be cases where people will disagree with age investment in education, local Visit philadelphiabar.org to listen to horizons of young kids, you take a the podcast from this event. my decision. That is our process and it is the beauty of government and the value of indi- further step in that equality. There’s the American legal system. Which is we are bound to the vidual citizens, Justice Sotomayor not one Sonia Sotomayor out there. rule of law. And as such, I will render opinions that are said. “I think every citizen in this society has to be much, There’s a lot of Sonia Sotomayors out there with hopes not popular. That I will take pride in – not because of the much more proactive on every level of the need. It means and dreams and they often need a guiding hand to give outcome but because it will be a tribute to the greatness parents have to become more involved in their schools. those dreams a platform to work from,” she said. of our judiciary. They have to work at taking leadership positions in their “I don’t have the answers to those kinds of questions “Having said that, it’s also the burden of knowing that schools to promote the better education of their children. but I know one answer. It doesn’t happen without passion I can’t do everything that everyone wants me to do. I It means lawyers going out and helping community and engagement. I wish I had a magic wand. I don’t. But will disappoint many. Even including where I speak. The groups who are trying to do this but it also means lawyers I do say to everyone in this room, it should be a priority many children who write to me and ask me to come visit taking a role that you can do and judges can’t in lobbying – how we educate our kids and bettering their education. their classrooms. The nursing homes where residents ask for changes. It means taking personal time to do some of This is just not an issue for diversity but for the survival of me to come visit them. I do try to do some, but there’s the things I’m trying to do, which is to go visit schools. the country,” she said.

12 Philadelphia Bar Reporter April 2011 philadelphiabar.org philadelphiabar.org April 2011 Philadelphia Bar Reporter 13 20th anniversary of the public interest section Tales from the Front Lines of Pro Bono: SeniorLAW Center As we mark the Public Interest Sec- a quick and much more equitable resolu- to save her house; and a plan to deed a The clients were friendly and appreciative, tion’s 20th anniversary, this is the first in tion. house over to a son even though he just and at the end of a client meeting we had a series of articles about the experiences Common sense, of course. But for the filed for bankruptcy, to name a few. These prepared complete documents, witnessed, of attorneys providing pro bono assis- senior who was in distress, anxious and are often simple legal issues, but very executed and notarized, which immedi- tance. These articles are the words of the fretting over where to turn for advice, emotional for elderly clients, many of ately assisted the client. I look forward to volunteer attorneys. We hope their expe- the consultation, which lasted about an whom have lost faith in people and in a the next opportunity. riences will encourage others to vounteer. hour, is deeply appreciated. When they system that hasn’t been responsive to their Hope Scott, senior privacy counsel, Gabriel L.I. Bevilacqua, past Chancellor, invariably express their heartfelt thanks at needs…until now. They are always grate- CIGNA: Philadelphia Bar Association; partner, the end of the call the psychic reward is ful and I think leave the call a little more When I practiced law as a solo prac- Saul Ewing LLP: incalculable. empowered. titioner, I provided free estate planning I enjoy crossing the line. Join me. Cross the line. You will never Eric Henry, senior associate, DLA Piper: services to senior citizens, including pro- The line that separates our work lives regret doing so. Having attended the training session ducing health care powers of attorney and from our private lives; from the tedium Braden Borger, associate, Saul Ewing LLP conducted by SeniorLAW Center prior to living wills. During that time, I met many and drudgery of the common place to and Board member, SeniorLAW Center: the Life Planning Clinic, I felt technically wonderful people who so appreciated my the humbling serenity found in serving “I feel so much better… Thank you prepared to assist our senior clients with legal assistance. I am very pleased to have others. The “others” are for me the clients so much for your help and listening to creating empowering decision-making the opportunity to continue to work with that contact SeniorLAW Center and its me…” I almost always hear those or documents including health care and the senior community through CIGNA’s Pennsylvania HelpLine because they are similar words at the close of my monthly general powers of attorney and living partnership with SeniorLAW Center. The confused, upset and need legal advice. SeniorLAW Center Helpline calls. What wills. But training and serving real clients SLC staff and the volunteer attorneys and They were in a car accident and their a great thing to hear. to implement that training are two differ- paralegals create an atmosphere of respect insurance carrier has found every word in Most of the callers are scared and con- ent experiences. Fortunately I was paired and dignity that empowers clients to ask their policy to minimize payment. For a fused. Sometimes there is a real dispute, with a very capable CIGNA attorney who questions, understand their options and senior who has meticulously maintained like the swindling plumber who sued had prior experience with these types of make critical decisions about their future. her car, being told that the vehicle will an elderly widow for a $400 estimate to documents and services. As we sat down I’ll be referring people to SeniorLAW be “totaled” is a shocking realization that replace her hot water heater! But often at our clinic station, we met our first Center for legal services in the future, there is nothing at all fair or just about they have a simple legal question or two client. I was struck by how much time and I hope to continue to participate in losing the financial ability to replace their and just want someone to listen. I’ve she had spent considering various late life CIGNA’s ongoing pro bono alliance with car and thereby to remain independent. heard about disputes with the neighbor; stage decisions before meeting with us. SeniorLAW Center. Don’t deal only with your company’s letters from creditors regarding a deceased Both of our clients during the clinic had SeniorLAW Center is a nonprofit appraiser – consider getting several other spouse; why a landlord is trying to keep more than one adult child and each had public interest law organization that estimates. A small claims court complaint a security deposit; why a widow was con- to make the difficult decision of choosing improves the lives of older Pennsylvania against the at-fault striking driver may be vinced she needed to file for bankruptcy an agent, which child was most respon- and protects their rights through legal sible, lived close by, was best in tune with representation, education and advocacy, the parent’s medical needs, etc. I also serving almost 10,000 seniors each year Replansky Recognition noted how difficult it was to turn away through its legal staff and dedicated vol- an adult child who wished to sit with his unteers who serve seniors in diverse ways, or her mother as we went through the from individual cases to counseling callers life-planning documents. While the child on our statewide HelpLine to special pro wished to support and assist the parent bono legal clinics. For information on in the process, we had only one client, volunteering visit www.seniorlawcenter. and that was the parent. This was an org/volunteer/ or call (215) 988-1244. extremely rewarding pro bono experience. VIP Honors Nancy Wasser

This month Philadelphia VIP rec- with an expedited eviction complaint that ognizes Nancy Wasser for her outstand- requested a hearing be held within 15 ing volunteer assistance to VIP clients. days of the filing date. Despite the tight Wasser took her first case with VIP time frame, Wasser agreed to represent in 1990. Since then she has used her the client at the hearing. After she pre- extensive litigation and negotiation sented the client’s case, Wasser was able skills to achieve favorable results for our to secure an agreement with the Philadel- clients. Although Wasser concentrates her phia Housing Authority and prevent the practice in landlord/tenant and personal client’s eviction. Thanks to Wasser’s hard injury law, her volunteer work with VIP work and skill, the client and her children Photo by Jeff Lyons Jeff by Photo Past Chancellor Jane Leslie Dalton accepts the Dennis H. Replansky Mem- has covered a variety of practice areas, in- were able to remain in their home. orial Award at the Business Law Section’s Annual Reception in January. cluding torts, collections and family law. For her commitment and dedication The Section also honored Graham R. Laub, chair of both the Mergers & In her most recent case, Wasser repre- to VIP’s clients, Philadelphia VIP offers Acquisitions Committee and the Securities Regulation Committee, as 2010 sented a mother with three children, one its heartfelt appreciation to Nancy Was- Chair of the Year. The Antitrust Committee, chaired by Gerard A. Dever, was named Committee of the Year. of whom is severely disabled, in a public ser, Philadelphia VIP Volunteer of the housing eviction. The client was served Month.

14 Philadelphia Bar Reporter April 2011 philadelphiabar.org PNC Perspectives Delaware Asset Protection Trust: Alternative to Prenup The interview series conducted by may render By Jackie B. Lessman PNC Wealth Management director Jackie prenuptial Byrne Lessman, CFP®, explores distinct agreements topics and issues relevant to the legal ineffective community ranging from investment as asset management, wealth planning, trust, protec- estate services and other PNC areas of tion tools. DAPTs are also used as an alternative fulfilled, the stock transferred should be expertise. Though to, or in combination with, a prenup- protected from claims by the spouse in As a PNC liaison to the legal com- many states tial agreement to protect premarital the event the marriage fails. munity, Lessman specializes in working recog- assets in the event of a divorce. Assets This proves that given the hurdles with law firms and attorneys regarding nize the transferred to a DAPT prior to the associated with enforcement of prenup- their banking needs, as well as class action validity of marriage should also be protected tial agreements in many jurisdictions, a plaintiff firms and claims administra- prenuptial from any claim for an elective share. Delaware Asset Protection Trust may be tors. Lessman is committed to leveraging agreements for property disposition in the Can you give us an example of a a prudent addition to overall prenuptial PNC’s in-depth resources to cultivate event of divorce, they impose certain re- situation where prenuptial planning planning. relationships with regional law firms and quirements that must be met in order for may be maximized through the use of There are certain planning techniques attorneys by offering support and solu- an agreement to be enforceable, includ- a DAPT? that can be implemented to grow, pre- tions. ing consideration and full disclosure of An example would be the following: serve and protect wealth. Each circum- In an interview with Melanie Warren, material facts and financial information. Dad owns 51 percent of the family busi- stance is uniquely different. We recom- J.D., CTFA, vice president and senior Often there is an urgency associated with ness and his two sons own 24.5 percent mend that individuals should consider wealth planner with PNC Wealth Man- the execution of prenuptial agreements each. The youngest son is planning to get consulting with counsel to address their agement, we discussed using a Delaware or the parties may be reluctant to disclose married in two weeks and the attorneys particular situations and identify oppor- Asset Protection Trust as an alternative to the full nature of their net worth prior negotiated and drafted the prenuptial tunities. a prenuptial agreement. to marriage. In such cases, the courts can agreement, but the son’s fiancée has not Jackie Lessman: Why is prenuptial construe the contract principles as unfair yet executed the agreement. If the prenup Jackie Byrne Lessman, CFP® (jacqueline. planning a key consideration for plan- or unreasonable and will not enforce is not executed prior to the marriage or [email protected]; 215-585-5831), PNC ning professionals? those they find are signed under duress or if it is executed too close to the marriage, Wealth Management Director. For more in- Melanie Warren: With high divorce without full disclosure. which could subject the agreement to formation, visit pnc.com/wealthmanagement rates, blended families and general Since enforceability of prenuptial challenge based on duress, the family concern about preserving value for future agreements is a concern, what other stock will be unprotected in the event of The PNC Financial Services Group, Inc. (“PNC”) provides investment and wealth management, fiduciary services, FDIC-insured generations, clients depend on their options are available? a future divorce. Dad and older son are banking products and services and lending and borrowing of planning professionals to deliver objective Due to Delaware’s favorable personal concerned that if this upcoming marriage funds through its subsidiary, PNC Bank, National Association, advice that includes all viable options. trust laws, a self-settled Delaware Asset fails, they will have to purchase youngest which is a Member FDIC, and provides certain fiduciary and Prenuptial agreements commonly agency services through its subsidiary PNC Delaware Trust Protection Trust (DAPT) may be a valu- son’s company stock from ex-spouse. Company. PNC does not provide legal, tax or accounting advice. serve as a partial solution to mitigate able tool in premarital planning. Dela- The planning professional should Investments: Not FDIC Insured. No Bank or Federal Govern- the loss of financial and personal prop- ware law generally protects trust assets if recommend that the youngest son create ment Guarantee. May Lose Value. erty in the event of a marriage dissolv- the trust was created properly and prior a DAPT and transfer his family stock © 2011 The PNC Financial Services Group, Inc. All rights re- served. ing. So, why should clients consider to marriage. Greater confidence in the ef- into the trust prior to the marriage. If exploring other options to protect fectiveness of DAPTs has led to increased the Delaware statutory requirements are themselves? recognition of these trusts as a viable asset State law limitations on enforceability protection and tax-planning strategy. Attorney DisciplinAry / ethics mAtters

than 2,500 children who appeared before Levick Judge Ciavarella since 2003. The Pennsyl- continued from page 8 vania Legislature created an Interbranch agreed to serve 87 months, those pleas Commission on Juvenile Justice consist- were rejected at the sentencing hearing. ing of 11 members from all branches of The U.S. Attorney then filed a 48-count government that was chaired by Superior indictment, which now included RICO Court Judge John M. Cleland. The Com- and money laundering claims. Connahan mission met for seven months, inter- plead guilty and agreed to a sentence of viewed 70 witnesses and released a report Statewide Pennsylvania and New Jersey matters  No charge for initial consultation up to 20 years. Ciavarella went to trial in May 2010 that contained more than Representation, consultation, and expert testimony in disciplinary matters and and was convicted of the most serious 40 recommendations. JLC commissioned matters involving ethical issues, bar admissions and the Rules of Professional Conduct charges including racketeering, con- its own report and recommendations. James c. schwartzman, esq. spiracy, mail fraud, filing false tax returns, However, the Legislature has passed only Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania  Former Federal Prosecutor  Former Chairman, and money laundering. JLC, along with one piece of related legislation, dealing Continuing Legal Education Board of the Supreme Court of Pennsylvania  Pennsylvania Interest on Lawyers Trust Account Board  Selected by his peers as one of the top 100 Super Lawyers in PA  Named by his peers to Best Lawyers in Hangley Aronchick Segal and Pudlin, with a fund for those aggrieved. America in the areas of legal malpractice and professional responsibility filed a class action lawsuit alleging viola- Dana pirone carosella, esq. tions of federal civil rights laws and the Edward P. Kelly ([email protected]), is a Representing attorneys in disciplinary/ethics matters for 16 years RICO Act. The Supreme Court adopted partner with Astor Weiss Kaplan & Mandel, Author/Speaker on ethics matters the recommendation of the special master LLP and an associate editor of the Philadel- 1818 Market Street, 29th Floor, Philadelphia, PA 19103 and vacated all adjudications of the more phia Bar Reporter. (215) 751-2863 philadelphiabar.org April 2011 Philadelphia Bar Reporter 15 Bar Foundation 3 Big Events to Boost Pro Bono This Year Across our nation, our state and funds dry up this year By Wendy Beetlestone a drastic decrease in legal elders in all parts of Pennsylvania.” our city, belt-tightening and budget cuts and there are no obvious services funding, the pic- So why am I telling you this? Because are the leitmotifs of the moment. While new sources of funding ture for our clients is still there are some things you can do to help. there is no question that a reduction to make up the shortfall. grim. They are already The obvious one is to fulfill your firm’s in funding hurts across the board, its Amid this bleak news suffering with increases pro bono commitments to these public effects are felt most deeply by the most there are some bright to basic commodities, interest organizations and their clients. vulnerable in our society. Those are the spots. There was huge the dismal job market, Something else you can do is to attend people who are the focus of the work concern that Pennsyl- and the elimination of the Foundation’s upcoming fundraising of the grantees of the Philadelphia Bar vania’s budget crunch certain assistance pro- events. Foundation. To be blunt, any decrease in would threaten all grams. The likelihood The first event on the calendar is the the budgets of our legal services organiza- “discretionary funding” of further cuts means Young Lawyer’s Division Casino Night tions translates into fewer people in need in the state including the real possibility of a and Annual Fundraiser on Saturday, May getting the legal help they require. the $3 million or so in decrease in legal services 14. We are so very grateful to the YLD for Our legal services organizations have general state appropriations that in the when our clients are most in need.” their yearly effort to raise money for the been hit hard in the last few years by a past has gone to legal services organiza- In addition, many of our legal services Bar Foundation. For some years now they precipitous decrease in revenue from the tions. For now that remains in Gov. Tom organizations receive state funds from have hosted an event for the Foundation IOLTA, or Interest on Lawyers’ Trust Corbett’s proposed budget. streams of funding not related to “legal but this year, they are betting on some- Accounts, Fund. IOLTA is “a unique and There was also concern that funding services.” For example, SeniorLAW thing new. According to Carey Chopko, innovative way to increase access to justice from the federal Legal Services Corp. Center receives some very important state chair of the YLD, “from 2006 through for individuals and families living in pov- (LSC), the premier funder of legal funding through discretionary funds. 2010, this event was a Comedy Night erty and to improve our justice system. services nationally, and a critical source of As Karen S. Buck, SeniorLAW Center’s and Silent Auction. In 2011, the YLD Without taxing the public, and at no cost funding for Philadelphia Legal Assistance, executive director said, “These funds is taking the fundraiser to a whole new to lawyers or their clients, interest from a Foundation grantee, would decline. But support our SeniorLAW HelpLine which level and presenting the first-ever Casino lawyer trust accounts is pooled to provide that also, at least for now, appears to be provides critical access to legal advice and Night as our annual fundraiser for the civil legal aid to the poor and support safe – the budget that President Obama information to more than 1,400 seniors Bar Foundation.” The brand-new Casino improvements to the justice system.” But sent to the Congress includes an increase each year. We are extremely concerned Night and Annual Fundraiser will feature the amount of income to IOLTA depends not a decrease in LSC funding. about these sources of funding being seven blackjack tables, three poker tables, on interest rates paid on accounts. When Obviously, both the federal and the cut or diminished, and I hope people two craps tables and a double roulette interest rates drop, as they have done, so state budget are not finalized and, until understand the critical importance of the table, all for your gaming pleasure. The do available funds. they are, no one can be sure that the funding for these services to the lives of continued on page 19 While some of our region’s legal funding proposed for legal services will services organizations have been able to remain. Even if it does, however, the temporarily avoid major disruptions in picture remains bleak. As Sara Woods of To make a contibution to the Phila- services by securing federal stimulus fund Philadelphia VIP says: “While we are glad delphia Bar Foundation, please visit WebCheck www.philabarfoundation.org. contracts over the past two years, those that the governor’s budget did not include Justice Ginsburg Legal Writing Contest Entries Due May 9 Entries are now being accepted for second or third year of study during the work of one author alone (joint submis- Sarah E. Ricks, Clinical Professor & Co- the Philadelphia Bar Association’s 2011 2010-11 academic year at one of the fol- sions will not be considered), and the Director, Pro Bono Research Project, Rut- Justice Ruth Bader Ginsburg Pursuit of lowing six institutions: Drexel University author must certify that the submission gers School of Law – Camden; Melanie Justice Legal Writing Competition. Earle Mack School of Law, University has been prepared without substantial Taylor, Philadelphia District Attorney’s The co-chairs of the competition are of Pennsylvania Law School, Rutgers editing from others. Office; Sandra A. Jeskie, Duane Morris Bar Association Vice Chancellor Kathleen University School of Law – Camden, “This year we have a wonderful panel LLP; and Anne Kringel, Legal Writing D. Wilkinson, partner at Wilson Elser Temple University Beasley School of Law, to review the essays that must focus on Director and Senior Lecturer, University Moskowitz Edelman and Dicker LLP, Villanova University School of Law and rights, privileges and responsibilities of Pennsylvania Law School. and Diane Penneys Edelman, Assistant Widener University School of Law (Dela- under federal law,” said Wilkinson. “We Candidates may submit a law review Dean for International Programs, Associ- ware Campus). Part-time law students in are very excited our panel includes Judges quality submission on any topic relating ate Professor of Legal Writing, Villanova their third or later year of study are also Gene E.K. Pratter and Juan R. Sanchez to rights, privileges and responsibili- University School of Law. eligible. Students must be in good stand- from the United States Court for the ties under federal law. Entries must be The Bar Association recognizes the ing at their institutions. The submission Eastern District of Pennsylvania.” received by Monday, May 9 at 4 p.m. importance of excellence in legal analysis may not have been published previously, Other judges are Brandi J. Brice, The author of the winning submission and writing skills, and seeks to award although it may have been prepared in City of Philadelphia Law Department; will receive a cash award of $2,500, the a student enrolled in an American Bar connection with a law school course or Leonore F. Carpenter, assistant Professor publication of the winning submission in Association-approved or provisionally for a law journal. The submission also of Law, Temple University Beasley School The Philadelphia Lawyer, on the Bar Asso- approved Philadelphia-area law school may not have been submitted for any of Law; Iva Johnson Ferrell, Legal Writing ciation’s website and/or in an appropriate for authoring a top-quality competition other competition during the time when Professor; Widener Law School; Deborah Bar Association publication. The winner submission. it is under consideration for this competi- S. Gordon, Visiting Assistant Professor will be invited to a Quarterly Meeting of This competition is open to full- and tion, until after the time when awards are of Law, Drexel University Earle Mack the Bar Association, at which time the part-time law students who are in their announced. The submission must be the School of Law; Mitchell Nathanson, award will be presented.

16 Philadelphia Bar Reporter April 2011 philadelphiabar.org From the Editor’s Desk Making the In-House Leap, Not Looking Back I recently made the transition would be reading the By Asima Panigrahi your one of many cases from a law firm to a position working news in the morning from clients and oppos- Now the pace of my in-house for a company after spending and then thinking “OK, ing counsel, along with numerous years practicing litigation and now I have to make up the travel to and from day is much more subrogation. I struggled with the decision for those 12 minutes hearings, depositions, even-keeled. before I ultimately made the jump. What that I just spent reading site inspections, etc. if I didn’t like being in-house? Would about the Obama health Before you know it, the I be able to go back once I made the care plan on CNN.” Or day is gone sometimes change if I did not like it? The idea of there would be those without much to show rooms (especially since that bedbug such a significant change was certainly other crazy days where for it. Now the pace of outbreak!) and eating fast food on the fly daunting to me, but after weighing the I would be bouncing my day is much more in between. pros and cons of both, and the fact that back and forth from even-keeled. That may So for any of you who are possibly I just was not happy doing litigation, I task to task and when I not be for everyone, but finding yourself on the verge of a similar decided that it was worth it for me to finally looked at my billing sheet at the it works well for me. I know what I need decision, the moral of the story is that take the leap. And so I did and luckily for end of the day, only a few hours would be to get done and how much time I have to so far I am more than enjoying my new me, it was. accounted for. Then often times I could get it done in and there are not a whole position and it has been surprisingly a While the transition has certainly been not remember the various things that I lot of surprises in between, which is the mostly smooth, albeit gradual, transition extremely positive for me thus far, it has did that day in order to piece together type of environment that I discovered I to make. I am happy with the difficult also been a very significant change. The the minutes and hours into an eight-plus thrive within. And while I still have to decision that I made to make the change most substantial difference that I found hour day. So the lack of a billing require- deal with stress, as one does in most cor- and thankfully I am optimistic that this was not having to capture my time in ment definitely takes some getting used porate jobs, it is of a different kind than will continue to remain true in the future, those pesky six-minute increments. After to, but is certainly a change that was the stress caused by the unpredictability but I will be sure to keep you posted. years of having to bill my time every day, welcome and liberating for me. of litigation. I also do not miss the perils it was almost second nature for my brain The other major change is the pace of of corporate travel, such as running with Asima Panigrahi (apanigrahi@allegientsys- to think that way and I am still working my workday. Litigation is obviously more bags and briefcase in hand to make that tems.com), an attorney with Allegient Systems, onPhila deprogramming Bar Reporter myself Ad from2011 that 2/16/11 vigorously4:28 PM pacedPage with1 constant e-mails, last-minute flight, killing endless hours in Inc., is editor in chief of the Philadelphia Bar thought process. I recall days where I mail and phone calls filtering in regarding an airport or in a train or in a car, hotel Reporter.

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philadelphiabar.org April 2011 Philadelphia Bar Reporter 17 focus on 5k supporters Kids’ Dash at Bar’s 5K Not Just Another Race n By H. Marc Tepper It is this sense of pride in our work and understanding the concept of giving commitment to these youngsters that back selflessly to others learn compassion Training Tip For many years, the attorneys of caused us to pursue the Kids’ Dash as and empathy, both important traits to a Whether your goal is to run a Buchanan Ingersoll & Rooney PC have part of the 5K Run/Walk three years ago. happy, healthy community. Bringing your 5K or prepare for a half or full mara- supported the Philadelphia Bar Associa- Buchanan attorneys are involved with children to the Kids’ Dash is a great way thon, you will need to consistently get tion’s Annual 5K Run/Walk. If you are Child Advocates’ charitable activities year- to introduce them to volunteerism in a out there and run! Ideally, you should reading this, you probably already know round, including the Holiday Toy Drive. fun, relaxed environment. aim to train at least three times per that all the proceeds from the Annual However, I felt that the 5K Run/Walk Teaching our children about exercise week. Imagine practicing a musi- 5K Run/Walk go to the Support Center event focused primarily on adult runners, and safe competition is also important. cal instrument just once per week. for Child Advocates. Since 1978, Bu- not children or families. We created the More and more, our children are engaged Would you expect to improve? Of chanan attorneys have worked with the Kids’ Dash to provide a new way to bring in sedentary pastimes. Participation in course not. Philadelphia Bar Association and Child our families together to benefit Child organized sports activities provides an As your body repairs damaged Advocates to provide free legal services Advocates. opportunity for young people to increase muscle tissue in approximately 48 that just last year helped more than 800 In 2009, I ran the 5K with my then their physical activity and develop physi- hours (depending on your condition- abused and neglected children. 10-year-old son, Drew. He enjoyed the cal and social skills. Children who are ing level), you are ready for another Over time, I have become more race and the following year our Commit- engaged in organized sports activities are training session just about every other involved with Child Advocates. As the tee discussed the notion of creating a dash more likely to feel comfortable in leader- day. The more runs you complete point person in Buchanan’s Philadelphia just for young children. Myself, along ship roles as adults. The Kids’ Dash offers during a given period, the fitter you office, I hear from our firm’s volunteer with Aliza Karetnick, of Duane Morris an introduction into the sport of running, will be! attorneys how much they enjoy their LLP, organized the Kids’ Dash on Race and also the experience of competing in a - By Bryan Mahon, co-owner, work with Child Advocates and just how day. My other son Matthew helps with low-stress 200-yard dash. Philadelphia Runner meaningful and personal the experience the Buchanan Ingersoll & Rooney race The Kids’ Dash is for children 5 has become. Our attorneys are often day giveaways following the run. Through through 10 and is held in a carnival The race begins at 8:30 a.m. You can assigned difficult cases. Nevertheless, the Kids’ Dash we are honoring Child atmosphere. Participation in the event is learn more about the entire event at www. true to Buchanan’s character as a firm, Advocates’ mission while including our free. In addition to the main event, the charityrun2011.com. I hope to see you our attorneys handle each matter with children in a worthy cause and teaching Kids’ Dash offers face painting, animal and your family there. professionalism, seriousness of purpose them important life skills. balloons, slushies, and music from B101. and grace, continuing the mission of Teaching our children about charity All participating children receive race H. Marc Tepper ([email protected]) Child Advocates to help children in need. and giving back to the community is giveaways. The Dash begins immediately is a shareholder with Buchanan Ingersoll & I am proud of our commitment to this one of the most important missions we after the 2011 Philadelphia Bar Associa- Rooney PC. important cause. have as adults. Children who are raised tion 5K Run/Walk on Sunday, May 15.

18 Philadelphia Bar Reporter April 2011 philadelphiabar.org tion. The team reviews information that Frontline the candidate provides in response to an continued from page 3 extensive questionnaire, reviews writing Justinians Honor Garcia samples, and interviews both the candi- hot-button issues. date and at least 15 other people, includ- We are in the midst of a very busy ing at least five who were independently judicial election season. In the May 17 identified. They then prepare a report and primary, Philadelphians will be voting for recommendation to the Commission. 10 Common Pleas Court judges and one The team leader also appears before the Municipal Court judge. In the Novem- Commission, as does the candidate. ber general election, they will also vote For the additional 30 retention-elec- on whether to retain 21 Common Pleas tion judges, the Association commissions Court judges and nine Municipal Court a non-binding poll of all lawyers in the judges. city. This poll makes you part of the pro- Our Commission on Judicial Selection cess. It gauges your detailed assessment of and Retention will complete more than every judge standing for retention. If war- Photo by Mike Mountain Mike by Photo 40 evaluations of candidates for the 11 ranted by the poll results, an additional Justinians Society Chancellor Gino J. Benedetti (at podium) introduces Bar open seats on Common Pleas Court and investigation is performed. Association Chancellor Rudolph Garcia at a Feb. 23 luncheon in Garcia’s Municipal Court. That is an enormous Ultimately, each candidate is rated honor at The Union League of Philadelphia. undertaking involving 120 investigators, “recommended” or “not recommended” many hundreds of interviews and careful based solely on specified criteria, such If you would like to volunteer, please prefer among those found “recommend- review, consideration and deliberation by as legal ability, experience, integrity, contact Charlie Klitsch, our director of ed” by the Commission. the Commission’s 30 members. temperament, community involvement public and legal services, at cklitsch@ • Tell everyone you can to check our The Commission is ably chaired this and judgment, without regard to politics, philabar.org. website and bring the Commission’s list year by Richard S. Seidel. The other the number of open seats or any other • When you receive the questionnaire of recommended candidates to the polls. members are a broadly representative extraneous factor. regarding judges who are up for retention, The importance of our judiciary can- group, comprised of attorneys, non-law- Once the ratings are issued, the bar’s please respond. not be overstated. It is crucial not just yer community leaders, officials including Campaign for Qualified Judges will • When we begin raising funds for our to lawyers and litigants, but to our basic the district attorney, chief public defend- advertise the commission’s ratings, so the Campaign for Qualified Judges, please rights as citizens and our entire system of er, city solicitor, and the president judges public can make informed choices at the consider contributing. The funds will be government. Please help us preserve both of Common Pleas Court and Municipal polls. used for the group of recommended can- its quality and its independence. Court, and representatives of minority Without these ratings, voters would didates as a whole, not for any particular bar associations and various sections of have no objective guidance at all. candidate. Rudolph Garcia ([email protected]), the Bar. You can help us with this process in •If you live in Philadelphia, please be a partner with Buchanan Ingersoll & Rooney A team of five investigators is assigned several ways. sure to vote in the primary and general PC, is Chancellor of the Philadelphia Bar to each candidate seeking a new posi- • Consider serving as an investigator. elections for whichever candidates you Association.

Andrew Hamilton Benefit. This year Jersey Network as a weatherman before he Foundation we will enjoy the “Art of Giving” at YLD moved to KYW-TV in Philadelphia. In continued from page 16 the Pennsylvania Academy of the continued from page 7 1991, he joined USA Network where he Fine Arts on Saturday, Nov. 19 start- covered U. S. Open Tennis, World League event takes place May 14 from 7 to ing at 7 pm. Now in its 33rd year, as the launch for Michelle Obama’s “Let’s Football and “Tuesday Night Fights.” He 10:30 p.m. at the Radisson Plaza- this event is really the crown jewel of Read, Let’s Move” 2010 summer campaign gained major television exposure working for Warwick Hotel and includes an open the Bar Foundation events. One of in Philadelphia. McDanel has been a long CBS Sports at the Winter Olympics in 1992 bar, a dinner buffet, a DJ and a big- the most important charitable and distance runner for 25 years and has com- at Albertville, France, in 1994 at Lilleham- ticket raffle. social events in the city, the Hamilton pleted six marathons, including the Boston mer, Norway, and in 1998 at Nagano, Japan. Next up is the Bar Foundation’s Benefit is being co-chaired this year Marathon. In 1992, Barkann became sports direc- 23rd Annual Golf Tournament on by the enthusiastic and upbeat team Ciardi Ciardi & Astin is a general practice tor at WLVI-TV in Boston. He spent five Tuesday, June 28. Rod E. Wittenberg, of John Summers and John Savoth, firm focusing in the following areas: bank- years in Boston and also hosted sports radio regional client manager of LexisNexis Bar Association Chancellor-Elect. ruptcy and business restructuring; commer- programs on WEEI-AM. and co-chair of the event, is pleased Summers assures me that “this year’s cial and general litigation; commercial real Barkann joined Comcast SportsNet for its that after a two-year hiatus, “the Golf Andrew Hamilton Benefit promises estate; and maritime and transportation. The maiden season in 1997 and was the first per- Classic is returning to the spectacular to be a great event – terrific food, fun firm focuses its bankruptcy practice primar- son to appear live on the fledgling network. ACE Club in Lafayette Hill. The dancing, and an eye-popping silent ily in Philadelphia, Wilmington, Dallas, He quickly became known for his offbeat Gary Player design offers a challeng- auction.” Manhattan and New Jersey. CC&A’s senior interview style and upbeat demeanor. Along ing yet fair layout, and the 2011 event Although it may seem frivolous partner, Albert A. Ciardi Jr., has more than with his hosting duties, some of his favorite will continue to offer our patrons the to come to an event in the midst of 40 years of bankruptcy litigation and transac- assignments include the Phillies’ 2008 World country club for a day experience un- all this hardship, these fundraisers tion experience, and the firm’s attorneys Series championship, Super Bowl XXXI fea- like any other. We expect a sold-out are critical sources of funding for our have participated in a number of significant turing the Patriots and Packers, Dan Jansen’s field for this wonderful cause.” nonprofit legal services grantees. They bankruptcy cases in Philadelphia and Wilm- dramatic speed-skating gold medal at the I know next to nothing about also provide an opportunity for our ington. The firm has consistently supported 1994 Winter Olympics, and Stefan Edberg’s golf but I have learned through legal community to come together YLD programming and is integral to the final tournament at the U.S. Open. the learned discussions of our golf in support of our world-class public success of the Division’s mission. Barkann’s charitable work includes the committee that our event is special interest bar. I hope to see you there! Barkann has hosted myriad programs on ALS Association of Greater Philadelphia, because the format is “play-your- Comcast SportsNet since 1997, including Arthur Ashe Youth Tennis and Education, own-ball” which allows you to really Wendy Beetlestone (wbeetlestone@ “Daily News Live” – CSN’s sports round- Quilts for Kids, and Bringing the Outside experience the course the way the hangley.com), a shareholder with Hangley table – and the Philadelphia Eagles’, Phillies’ World Inside Foundation. He is also master professionals do. Aronchick Segal & Pudlin, is president of and Flyers’ pre- and post-game shows. of ceremonies for the Philadelphia Jewish Wrapping up our calendar is the the Philadelphia Bar Foundation. He began his on-air career with the New Sports Hall Of Fame induction ceremonies. philadelphiabar.org April 2011 Philadelphia Bar Reporter 19 Feasts to Famine There’s No Resisting French BYOB Bibou Bibou who own the shebange- By Skinny D’Bockol place one of the pieces Père Goriot. BYOB, cash only rie, scramble their upon your tongue. Your You may also wish to venture to- 1009 S. 8th St. immense talents to make lips quiver as the fois ward a pastry-caged cupcake of gravlax (just North of Washington Avenue at each meal as provincial gras vanishes mindlessly ($11), chopped bits of smoked arctic Kimball) and as exuberant as and effortlessly into char topped with creme fraiche, orange (215) 965-8290 Madame Bovary. Pierre, another dimension. The caviar eggs and see-through thin chips of www.BibouByob.com former executive chef silken aftertaste cre- cucumber and radish. There was noth- at Le Bec Fin for half ates dimples to appear, ing finer served at Versailles. Or more “Bibou” is the French nomenclature for a a decade, provides a indenting your cheeks. toward bourgeois, have a try at muddling man whose alcoholic imbibing has lim- pensive plight to his Date chutney and red through a thick layer of floating cheeses, ited his bumbling ability to speak, except creations; and Charlotte wine duck jus seem to toward steaming caramelized onion soup. to whine for a baby-bottle-nipple so that is enchanting and expe- coat your medulla, mak- Sliced loaves usually supplant soup- he may continue drinking directly from ditiously business-savvy ing you voluptuous with spoons, and are to be dunked to sogginess his wine bottle into “infantasy.” when it comes to making sure patrons are indolence. with abandon. This petite dining room is one in pleased. The escargots swirl in a snail ragout, The entrée offerings may include which to rendezvous with daringly au- Edith Piaf sings in the background made earthen by emerald green fava “pied de porc” ($25), braised pig foot, thentic bistro cuisine. The French Foreign as escargots ($13) and fois gras ($16) beans and chanterelle mushrooms, served or “boeuf” ($30), usually a sautéed New Legion ambiance is enhanced by verdant are served as appetizers. Let me speak of in a porcelain white concentric-circled York strip steak, or even “moules” ($24), green paneling, Provence sunshine-yellow the latter first. Imagine a hypertrophic platter. Darkly hypnotic in appearance, steamed Blue Bay mussels studded with walls and pink cushions wrapped around mahogany cloud seared by a setting sun the tastes are thick and similar to soup de duck confit and, inter alia, cured black ol- touts les chaises. Tablecloths (doubled) to crust in a sky almost crimson. Now turtle. This is not your usual Parisian but- ives until you’re “bleu” in the face. Many are treated to candlelit tiny baskets near confirm by blinking that that formation tery snail concoction laced and burbling swear by all of the above with grand ges- which have been placed faux-hammered is plated in front of you. One’s knife and with parsley and garlic for dipping bread. tures of palatable pleasure. I studied the silver utensils, so that Gallic shadows fork seem like astronomer’s tools as they What is provided instead, is a rooming- looks of all of them as if I were Madame shine and sparkle on everyone. graze the universe, cutting the infinite house concoction from Rouen envisioned DeFarge taking notes while knitting The Calmels, Pierre and Charlotte, into morsels. Piaf sounds pious as you by someone who’s just re-read Flaubert’s continued on page 21

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Announcements honoring new partners, other legal publication. promotions, and accomplishments are some of And PBR’s one-month your firm’s most important public relations tools. shelf life means your important message won’t Shouldn’t your next important announcement run in the wind up in the trash on publication of record for the Philadelphia legal community? the same day it appears!

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20 Philadelphia Bar Reporter April 2011 philadelphiabar.org CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled 12 p.m., 11th floor Conference Center. Tuesday, April 26 event may be subject to change by the committee or section chairs. Lunches are $8 for mem- Lunch: $8. Criminal Justice Section: meeting, 12 bers and $9.50 for nonmembers, unless otherwise indicated. Tuesday, April 19 p.m., 11th floor Conference Center. Friday, April 1 Cabinet Room. Employee Benefits Committee:meet - Lunch: $8. Women in the Profession Committee: LGBT Rights Committee: meeting, 8:30 Friday, April 8 ing, 12:30 p.m., 11th floor Committee meeting, 12 p.m., 10th floor Board a.m., 11th floor Committee Room The Philadelphia Lawyer magazine Edi- Room South. Lunch: $8. South. Room. Lunch: $8. torial Board: meeting, 12:30 p.m., 11th Workers’ Compensation Section Execu- Wednesday, April 20 floor Committee Room South. Bar Academy Committee: Wednesday April 27 tive Committee: meeting, 8:30 meeting, 10:30 a.m., Delivery of Legal Services Management Monday, April 11 a.m., 11th floor Committee Room 11th floor Committee Room South. Subcommittee: meeting, 10th floor Business Law Section Executive Com- South. Workers’ Compensation Section: meet- Board Room. mittee: meeting, 12 p.m., 10th floor Cabinet: meeting, 12 p.m., 10th floor ing, 12 p.m., 11th floor Conference Medical-Legal Committee: meeting, 12 Center. Lunch: $8. Board Room. Board Room. Young Lawyers Division Cabinet: meet- p.m., 11th floor Conference Center. Monday, April 4 Tuesday, April 12 ing, 12 p.m., 10th floor Cabinet Room. Lunch: $8. Family Law Section: meeting, 12 p.m., Section Chairs: meeting, 8:30 a.m., LegalLine: 5 p.m., 11th floor LRIS Thursday, April 28 10th floor Board Room. 10th floor Board Room. Lunch: $8. offices. Bar-News Media Committee: meeting, Real Property Section Executive Com- Civil Rights Committee: meeting, 12 11:30 a.m., 11th floor Conference mittee: meeting, 12 p.m., Gibbons, Thursday, April 21 p.m., 11th floor Conference Center. Center. Lunch: $8. P.C., 1700 Two Logan Square, 18th and Chancellor’s Forum with Mayor Michael Lunch: $8. Municipal Court Committee: meeting, Arch streets. Nutter: 12 p.m., 11th floor Conference Tuesday, April 5 11:30 a.m., 10th floor Board Room. Criminal Justice Section Executive Com- Center. Lunch: $5. Philadelphia Bar Foundation Board of Lunch: $8. mittee: meeting, 12 p.m., 10th floor Family Law Section Executive Com- Trustees: meeting, 12 p.m., 10th floor Lawyer Referral and Information Service Board Room. mittee: meeting, 12 p.m., 11th floor Board Room. Committee: meeting, 12 p.m., 11th Solo and Small Firm Committee: meet- Committee Room South. Compulsory Arbitration Committee: floor Committee Room South. Lunch: ing, 12 p.m., 11th floor Conference Law Practice Management Committee: meeting, 12 p.m., 11th floor Commit- $8. Center. Lunch: $8. meeting, 12 p.m., 10th floor Board tee Room South. Room. Lunch: $8. Chancellor’s Forum with Kenneth R. Women’s Rights Committee: meeting, Wednesday, April 13 Health Care Law Committee: meeting, Feinberg presented by the Business Law 12 p.m., 11th floor Conference Center. Civil Gideon Housing Committee: meet- 12 p.m., 11th floor Conference Center. Section: 12:30 p.m., The Ritz-Carlton, Lunch : $8. ing, 9 a.m., 10th floor Board Room. Lunch: $8.50. 10 Avenue of the Arts. Tickets: $35 for Business Law Section members, $45 Wednesday, April 6 Thursday, April 14 Friday, April 22 non-Section members of the Bar Asso- Young Lawyers Division Annual Meeting: Delivery of Legal Services Committee: Good Friday: Bar Association offices ciation and $55 for non-Bar Association 12 p.m., Crystal Tea Room, 9th floor meeting, 8:30 a.m., 10th floor Board closed. members. Room. Wanamaker Building, Market and Juni- Monday, April 25 Board of Governors: meeting, 4 p.m., Rules and Procedure Committee: per streets. Tickets: philadelphiabar.org. meet- 10th floor Board Room. ing, 12 p.m., 10th floor Board Room. Legislative Liaison Committee: meeting, Young Lawyers Division Executive Com- Lunch: $8. 12:30 p.m., 10th floor Board Room. mittee: meeting, 12 p.m., 10th floor Friday, April 29 Intellectual Property Committee: meet- Lunch: $8. Board Room. Environmental Law Committee: meet- Professional Responsibility Committee: ing, 12 p.m., 11th floor Conference ing, 12 p.m., 11th floor Conference Friday, April 15 Center. Lunch: $8. meeting, 12 p.m., 11th floor Confer- Center. Lunch: $8. Social Security Disability Benefits Com- ence Center. Lunch: $8. Thursday, April 7 mittee: meeting, 12 p.m., 11th floor Government and Public Service Lawyers Conference Center. Lunch: $8. Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks Committee: meeting, 12:30 p.m., 11th Monday, April 18 for luncheons and programs should be made payable to the Philadelphia Bar Association and floor Committee Room South. Lunch: Public Interest Section Executive Com- mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, PA 19107-2955. Send $8. mittee: meeting, 12 p.m., 10th floor Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia Philadelphia Bar Reporter Editorial Board Room. Lunch: $8. Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, PA 19107-2955. Board: meeting, 12:30 p.m., 10th floor Federal Courts Committee: meeting, Fax: (215) 238-1159. E-mail: [email protected].

Feasts to Famine tenderness of fish flesh, nor the charred for devouring the tinge of lemon scent, Nespresso ristretto or French-pressed continued from page 20 charisma of its triangular body which merely sanctifies every bite and breath. kahwa coffee mimes an audible “Le Fin” had been seared in cross-hatches on top, If you’re able to conquer dessert with to the repast. through the menu. I hastened to order bottom and sides. Blessedly and brazenly French resistance, you ought to com- Service is incredibly kind, alert, “espadon” ($26), a grilled swordfish, swollen, the swordfish evolves into a pletely surrender to chocolate. Bibou’s thoughtful and unobtrusive. Parking, whose filet is presented in the shape of heartwarming masterpiece, denuded chocolate plate supplies ice cream and moreover, is provided adjacent to the Haman’s hat, pompously reveling above into impudicity. The lentils underneath enough chocolate cake to satisfy an restaurant. white lentils, preserved lemon, scraped are sopping in the flavor of sweetened Antoinette. They are served on a long ALLONS ENFANTS string beans, and surrounded surrepti- butter, swimming among glowing golden white platter dotted with blueberries and tiously with dried apricots in brown but- candied apricots. An added slim pat of blackberries; and include what seems like Skinny D. Bockol, a sole practitioner, is an ad- ter vinaigrette. Mon dieu! Voilà! pure French buerre, the only type this a glass magnum of molten rich mousse. visory editor of the Philadelphia Bar Reporter. I can’t describe the moistness, the careful café would serve, onto a baguette, “Je ne regret rien,” claims Piaf. Read his reviews online at bockol.com. philadelphiabar.org April 2011 Philadelphia Bar Reporter 21 James C. Schwartzman, a shareholder Judge Anne E. Laza- with Stevens & Lee P.C., has been rus of the Superior People re-elected as vice chair of the Board of Court of Pennsylva- Directors of the Southeastern Pennsylva- nia has been elected nia Transportation Authority. to the Board of The Gershman Y, Jeffrey M. Lindy, Jill Fisher, a share- Ellen C. Brotman, a partner with Mont- a center for Jewish principal in The Law holder with Zarwin, gomery, McCracken, Walker & Rhoads, arts and culture in Offices of Jeffrey M. Baum, DeVito, LLP, was a speaker at the 2011 Midyear Center City. Lindy, was recently Schaer & Toddy, Meeting of the Association of Profes- re-appointed by the P.C., presented a sional Responsibility Lawyers in Atlanta Albert S. Dandridge chief judge of the seminar to mem- on Feb. 10-12. III, a partner with United States Dis- bers of the Greater Schnader Harrison trict Court for the Philadelphia Hotel Margaret Galla- Segal & Lewis LLP, Eastern District of Pennsylvania to serve Association on violence in the workplace gher Thompson, a will receive the John as the Criminal Justice Act Panel Rep- on Jan. 19. member of Cozen Stephen Baerst resentative for the district. He has been O’Connor, was Award for Excel- named co-chair of the Federal Court James D. Rosener, a partner with Pepper recently appointed lence in Teaching at Practice Committee and vice chair of the Hamilton LLP, participated in iGlobal chair of the Orphans’ Boston University’s 2011 commencement Government Relations Committee of the Forum’s “Emerging Markets Investing Court Procedural ceremonies. Montgomery County Bar Association. Summit 2011: BRIC and Beyond!” on Rules Committee Jan. 19 in New York City. for the Pennsylvania Supreme Court by Sarah E. Ricks, clinical professor and co- Abbe F. Fletman, Chief Justice Ronald D. Castille. director of the Pro Bono Research Project a shareholder at Brenda Hustis at Rutgers School of Law – Camden, is Flaster/Greenberg Gotanda, a partner Michael C. Gross, a partner with Manko, the author of Current Issues in Consti- PC, was the keynote with Manko, Gold, Gold, Katcher & Fox, LLP, was recently tutional Litigation (Carolina Academic speaker for The Katcher & Fox, appointed to serve a four-year term on Press 2011). Penn Law Women’s LLP, was recently the Lower Merion Township Environ- Association Annual appointed to the mental Advisory Council. Rhonda Hill Wilson, Dinner on Feb. 16. Board of Directors of principal in the Law the Delaware Valley Michael Bonner, a partner with Stradley Offices of Rhonda Danielle Banks, a partner with Stradley Green Building Council. Ronon Stevens & Young, LLP, was re- Hill Wilson, P.C., Ronon Stevens & Young, LLP, has been cently appointed to the board of directors addressed Widener appointed to the American Bar Asso- Lorena E. Ahumada, of the Philadelphia chapter of the Com- University School ciation’s 2010-2011 Section of Litiga- an associate with mercial Finance Association. of Law students tion’s Judicial Intern Opportunity Pro- Kleinbard Bell & as a speaker in the gram. Brecker LLP, was Royce Smith of Feldman Shepherd school’s Local Leader Series on Jan. 19. recently named presi- Wohlgelernter Tanner Weinstock & Jerald David August, a partner with Fox dent of the Hispanic Dodig delivered the keynote address at Peter R. Spirgel, managing shareholder of Rothschild LLP, served as the planning Bar Association of the Martin Luther King Day Luncheon Flaster/Greenberg PC, participated in the chair and co-presenter of the ALI-ABA Pennsylvania. hosted by the Salem Baptist Church of 24th Annual Conference & Workshops telephone seminar and audio webcast, Jenkintown, Pa., on Jan. 15. He accepted on Law Firm Management & Economics “Income Tax Provisions of the New Steven K. Ludwig, a partner with Fox an award on his grandfather’s behalf on March 24-25 in Philadelphia. Federal Legislation: A Concise Summary Rothschild LLP, presented “The Em- from Abington Memorial Hospital and for Tax & Business Lawyers & Estate ployee Use of Social Networking and spoke at the hospital’s annual Rev. Dr. Heather T. Fritts, an Planners,” on Jan. 18. Developing Policies” on Jan. 20 at the Martin Luther King Jr. program on Feb. associate with Strad- Employment & Labor Law CLE Insti- 22. His grandfather was the first African- ley Ronon Stevens Brett A. Datto, a partner at Weir & tute of the Delaware Valley chapter of the American trustee to serve on Abington & Young, LLP, was Partners LLP, was recently elected to Association of Corporate Counsel. Memorial Hospital’s Board of Directors. a presenter at the the Board of Directors of Marley’s National Business Mission, a nonprofit organization that Albert H. Manwaring IV, a partner with Salvatore M. DeBunda, co-managing Institute seminar provides Equine-Assisted Psychotherapy Pepper Hamilton LLP, has received a partner of Archer & Greiner, P.C., has “The Mechanics of to children and their families who have Meritorious Honor Award from the been elected to a three-year term as presi- Pennsylvania Civil Procedure” on Feb. experienced severe traumatic events. U.S. State Department for coordinating dent of the Pennsylvania Thoroughbred 25. a national rule-of-law program through Horsemen’s Association. James J. Eisenhow- provincial reconstruction teams during er, a partner with his deployment last year to Iraq with the Peter J. Tucci, a Schnader Harrison U.S. Army Reserves. partner with Fox nNames ARE NEWS Segal & Lewis LLP, Rothschild LLP, has has been elected Michael E. Adler of been elected to the “People” highlights news of members’ to the board of the Weber Gallagher Board of Directors awards, honors or appointments of a community or civic nature. Information American Heart As- Simpson Stapleton of the Dikembe Mu- tombo Foundation, may be sent to Jeff Lyons, Senior Manag- sociation. Fires & Newby LLP ing Editor, Philadelphia Bar Reporter, Inc. The founda- was a panelist at the Philadelphia Bar Association, 1101 Market Steven K. Mignogna, a partner with Ar- American Bar Asso- tion was created by Mutombo, a former St., 11th fl., Philadelphia, PA 19107-2955. cher & Greiner, P.C., served as a faculty ciation’s New Partner Philadelphia 76ers player, to improve the Fax: (215) 238-1159. E-mail: reporter@ member at the 45th Annual Heckerling and In-House health, education and quality of life for philabar.org. Color photos are also Institute on Estate Planning in January in Counsel Conference on Feb. 25-26 in the people of the Democratic Republic of welcome. Orlando, Fla. Philadelphia. the Congo.

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24 Philadelphia Bar Reporter April 2011 philadelphiabar.org