JEN COATSWORTH FOR VICE CHANCELLOR

communication using social media and other community centers to attract high school a large firm, I recognize that the needs and relevant platforms. students into the program and partner them concerns of our thousands of members who I also recently learned from a more with committees and sections within the practice as solo or small firms are different seasoned lawyer about a program that existed Association to increase their exposure to the and I will be reaching out to get your insights decades ago called Law Explorers Post. This profession. The best way to increase diversity as well. I want your input as to what our program originated and was sponsored by in our profession is by reaching out to young Association is doing well and how we can the Boy Scouts of America. Business and people to attract them to the profession. better serve you and your practice. However, professional groups throughout the country, These are just a few of the ideas that I please also don’t hesitate to reach out to such as bar associations, would sponsor have been developing, but I would like to me with your ideas and opinions. I can be a local “Explorers Post” for high school hear from you about what you’d like to see reached at jcoatsworth@margolisedelstein. students. The Post would have periodic from our Association. Over the course of com. meetings, provide opportunities for the Post this summer, I will be conducting a “listening If I have the privilege to serve as your 97th to network with people in the profession tour.” I will be reaching out to various leaders Chancellor, I promise to build on the rich or business, and take trips, among other in the large firms and to the executive traditions of our Association, and incorporate activities. Our Bar Association hosted an directors of each of the public interest both my ideas and yours into our future. I Explorers Post and as Chancellor, I would organizations in the City to schedule Zoom have boundless energy and enthusiasm, and a I am immensely humbled for the reinvigorate and expand this program. For calls with various members of the firms and deep love of the Association, which I will use outpouring of overwhelming support and instance, I would partner with the school organizations to hear from you. Although to move our Association forward. I humbly enthusiasm that I’ve received over the past district, local boys and girls clubs and I have spent the majority of my practice in ask for your vote. two months for the announcement of my Candidacy for Vice Chancellor. It is very gratifying to know that my work on behalf PHILADELPHIA BAR ASSOCIATION • Regional dinner co-chair, 2016-2019, of the Association for the past fifteen years LEADERSHIP AND SERVICE: • Membership Initiative, Chair, 2016-2019, is recognized and appreciated. I am so excited • Bylaws Committee, Member, 2015-2017 for the opportunity to work even harder for Board of Governors • Retreat Planning Committee, Chair 2017-2019, Member, 2011-present. the Association and for our legal community • Cabinet, 2015-present • Executive Council 2011–present and the community at large when elected. • Assistant Treasurer, 2021 • Pennsylvania Bar Association Zone 1 (Philadelphia) Governor, Judicial Evaluation Commission, 2017-present, Investigative division, Over the course of the past several 2020-present 2016-2017 years, I have developed a number of ideas • Secretary, 2019-2020 Civil and Equal Rights Committee, Member, 2016-present for programs and initiatives that I’d like • Assistant Secretary, 2016-2018 Nominating Committee, Member, 2016-present to implement as Chancellor. For instance, • Parliamentarian, 2015 Investment committee, Member, 2020-present I recognize that we lack significant • Elected Member, 2012-2014 Large firm committee, Board Liaison, 2020-present Young Lawyers Division Minority Bar Committee, Member, 2019-present participation from the in-house counsel • Executive Committee, 2007-2011 Quality of Life Committee, Member, 2018-present community. These lawyers play an important • Vice Chair, 2009 Member Events and Engagement Task Force, Member, 2019-2020 role within the City and many of our • Secretary, 2008 Planning Committee, Member, 2017-2020 large firm and corporate attorneys could • Hamilton Benefit Auction Committee, 2011 benefit from closer relationships with this • Hamilton Benefit Planning Committee, 2009, 2010 LEADERSHIP AND SERVICE population of lawyers. Therefore, I’d like • Philadelphia Association of Defense Counsel Liaison, 2010 • Law School Outreach Coordinator, 2007- 2009 IN OTHER PROFESSIONAL ORGANIZATIONS: to partner with the Greater Philadelphia • Bar Enhancement Committee Chair, 2008 Association of Corporate Counsel to host • Social Committee Chair, 2009 Brandeis Law Society: a Chancellor’s Panel Series with In-House Committee Leadership and Service • Chancellor, 2018-2019 Counsel on topics that are important to in- • Mentorship and Professional Development Committee, Co-Chair, 2021 • Vice Chancellor, 2016-2017 house lawyers. By providing programming • Bench-Bar, Co-Chair, 2019, planning committee 2011-2012, • Special Events Co-Chair, 2013-2016 • Fellowship Supervisor, 2012-2016 specifically geared to the in-house sponsorships, 2015, 2021 • Bar Leadership Committee Co-Chair, 2016-present, community and the large firm lawyers who • Women in the Profession Committee, Co-Chair, 2016-2017, Member, 2008-present • Executive Committee, 2011-present, they hire, we can foster a closer relationship • Committee on Insurance Practice, Secretary, 2013-2014 • Member, 2003-present and increase membership in both of these • Military and Veterans Affairs Committee, Co-chair, 2012, 2014 Philadelphia Association of Defense Counsel: key constituencies. Similarly, I’d like to host Other Association Participation (Selected) • Programs Committee Co-Chair, 2016-present a Secondment Fair, similar to a Career Fair, • Budget/Finance Committee, Member, 2013, 2015, 2016, 2021 • Judicial Relations Co-Chair, 2017-2020 to aid the process of attracting talented and • Elections Committee, Member, 2013, 2019 • Executive Committee 2010-present diverse lawyers into these programs. • Chancellor’s Retreat Planning Committee, Member, 2012, 2014 Barristers Association of Philadelphia, Member, 2020-present • State Civil Litigation Section, Member, 2008-present Community Legal Services, Leadership Council, 2019-present I also recognize that the heart of our • State Civil Litigation Section Arbitration Committee, Member, Pennsylvanians for Modern Courts, Advisory Board, 2017-present Association is its sections and committees. 2008-present Philadelphia Volunteers for the Indigent Program, Firm Liaison, They plan robust programs and they are truly • State Civil Litigation Section Rules and Procedures Committee, 2009-present the lifeline for most of our members. Our Member, 2008-present Temple Law Alumni Association: community as an Association is constituted • Executive Committee, 2016-present from these mini-communities that represent PENNSYLVANIA BAR ASSOCIATION: • Women’s Leadership Initiative, Member, 2018-present our committees and sections. Although Zone 1 (Philadelphia) Governor, 2020-present • Association Member, 2003-present they do a tremendous job planning subject- House of Delegates, Member, 2013-present American Bar Association: Women in the Profession Commission: • YLD Delegate, 2008 Fall Conference, 2009 Annual Meeting, 2010 matter and interest-related programs and Midyear Meeting, 2011 Annual Meeting events, they could benefit from enhanced • Co-Vice Chair, 2019-2021 • Treasurer, 2018-2019, • YLD Member, 2003-2016 communication strategies. As Chancellor, I • Annual Conference Co-Chair, 2013-2014, would encourage our section and committee • Awards Committee Co-Chair, 2014-2017 OTHER COMMUNITY ACTIVITIES: leadership to develop a more robust form of • Fall Retreat Co-chair, 2018-2019, • Commission Member, 2008-present University of Maryland Alumni Association, Philadelphia Area Network Civil Litigation Section: • President, 2003- present • Chair, 2019-2020 • Member, 2000-present • Chair-Elect, 2018-2019 University of Maryland Terrapin Club, Philadelphia Area Liaison, • Vice-Chair, 2017-2018 2006-present • Secretary, 2016-2017 Storybook Musical Theatre, Secretary 2008, 2009, Counsel, • Treasurer, 2015-2016 2008-present.

2 Philadelphia Bar Reporter June 2021 PhiladelphiaBar.org

EVENTS – TAKE ACTION PHILLY Take Action Philly Takes on Gerrymandering n By Daniel Parsons through which to draw the boundaries of districts, often of the commission.” for the benefit of their own parties. Although the Commission is meant to be bipartisan, On May 11, Take Action Philly (TAP) — created Ben Geffen of the Public Interest Law Center in issues arise given the deeply purple makeup of our in 2017 through the joint effort of the Philadelphia Philadelphia expanded upon the process through which Commonwealth. In this past legislative cycle, consensus Bar Association, the City of Philadelphia, the ACLU, Pennsylvania draws its state legislative districts and its was not reached on who was to serve as chair, resulting and many other legal nonprofits — hosted a panel on in the Pennsylvania Supreme Court appointing the chair. “Gerrymandering: The Good, the Bad, and the Ugly” Also covered in the forum was the practice of prison exploring the ways in which partisan gerrymandering “[A]s a result of prison gerrymandering, gerrymandering. Rory Kramer, professor of sociology conflicts with the will of the voters. and criminology at the Villanova University and Cara Moderated by Wes Payne, Vice Chancellor of the ‘Nearly 264,000 PA residents are McClellan of the NAACP Legal Defense Fund spoke Association, this forum featured distinguished legal underrepresented, with over 100,000 Black extensively about this issue and how it dilutes the will of scholars and community leaders who dove into the various Philadelphians underrepresented due to incarcerated voters within the Commonwealth. methods of gerrymandering — voter redistricting, prison the placement of prisons outside of home Kramer noted that as a result of prison gerrymandering, and judicial districting, — explained gerrymandering, “Nearly 264,000 Pennsylvania districts.’” the importance of this issue, and provided opportunities residents are underrepresented, with over 100,000 Black for attorneys and community members to take action. Philadelphians underrepresented due to the placement of The panel first explored the constitutional prisons outside of home districts.” As such, this practice underpinnings of the way representatives are selected. susceptibility to political influence. disenfranchises individuals from participating within Seth Kreimer, a professor at the University of Pennsylvania “We are at the beginning of the legislative redistricting their own districts and selecting their local leaders, with Carey School of Law explained that every 10 years, process in Pennsylvania currently,” stated Geffen. “For a disproportionate impact on our Black and Brown an enumeration by Congress conducts a census of the state legislative districts, a five-member body called the community. number of individuals within each state to establish Legislative Reapportionment Commission draws the McClellan, however, stated that not all hope is lost. congressional districts. districts. It consists of the two Democratic and two “The solution is simple: adjust census data to count Due to the decentralized nature of our federalist Republican leaders from the state legislature, with the system, state electors have a broad range of powers four of them selecting a fifth person to serve as the chair continued on page 10

PhiladelphiaBar.org June 2021 Philadelphia Bar Reporter 7 EVENTS – CHANCELLOR’S FORUM: 50TH ANNIVERSARY OF PA ERA

On May 25, the Women’s Rights Committee and Women’s Law Project organized a Chancellor’s Forum to mark the 50th anniversary of the passage of the Pennsylvania Equal Rights Amendment and to discuss how it changed life for both men and women in the Commonwealth. Speakers included: (top row) Women’s Rights Committee co-chair Judy Fromson Berkman, Michele Hangley, shareholder, Hangley Aronchick Segal Pudlin & Schiller, and Carol Tracy, executive director of the Women’s Law Project; (center row) Rita Bernstein, former attorney at the Women’s Law Project, Eleanor Smeal (center), former president of the National Organization for Women, David S. Cohen, professor of law at Drexel University, and Julie Suk, author of We the Women: The Unstoppable Mothers of the Equal Rights Amendment; (bottom row) Chancellor Lauren McKenna, Amal Bass, Women’s Law Project staff attorney and director of policy and advocacy, and Women’s Rights Committee co-chair Katayun Jaffari.

AFFINITY ASSOCIATIONS – THE BARRISTERS ASSOCIATION OF PHILADELPHIA At Annual Gala, the Barristers’ Association Celebrates 70 Years of Excellence n By Kristin Johnson

The Barristers’ Association of Philadelphia celebrates 70 years of being a beacon in the Black legal community. The Annual Scholarship and Awards Gala is one of our premiere events, where we recognize individuals and organizations that are positively impacting the legal profession and the Black community. Further, the event promotes diversity in local law schools by awarding scholarships to law students of color. The scholarship recipients demonstrate leadership, academic achievement, and a commitment to community service and professional development. This year, the gala went virtual, in an effort to continue this important tradition. This year our honorees were:

• Judge John Milton Younge (United States District Court, Eastern District of Pennsylvania ) – A. Leon Barristers’ President Dominique B. E. Ward The Annual Awards & Scholarship Gala co-chairs: Higginbotham, Jr. Award Kristin Johnson and Adara Combs In addition to recognizing our esteemed honorees, Kristin Johnson is the current vice president of finance • Rev. Mark Kelly Tyler (Mother Bethel) – Cecil B. 10 scholarships were awarded to law students of for the Barristers’ Association of Philadelphia, Inc. Moore, Jr. Award color, amounting to over $25,000. This is the most Johnson is an assistant district attorney for the city of scholarships ever awarded at the Gala. Thank you to our Philadelphia assigned to the Special Investigations Unit, • Bernard W. Smalley Sr. (Raynes Lawn Hehmeyer) donors and sponsors for your continued support. We which investigates and prosecutes public corruption and – J. Austin Norris Award are proud to have remained vigilant to our purpose misconduct. despite the many obstacles presented. The Barristers’ • Amber Racine (Raynes Lawn Hehmeyer) – JoAnne look forward to supporting the Black legal community A Epps Award (Posthumously) for years to come.

8 Philadelphia Bar Reporter June 2021 PhiladelphiaBar.org WORKERS’ COMPENSATION SECTION Workers’ Compensation Section Plans for Post- Pandemic Practice of Law n By Christopher M. Fox Judge Manager Holly San Angelo, Pennsylvania claimant’s bar. In addition to Judge Seelig, and my workers’ compensation adjudications have been a fellow claimant’s attorneys, the Honorable Tina Maria Signs suggesting a return crown jewel among litigation systems during the Rago, members of the defense bar and representatives of to normalcy is closer pandemic. Workers’ compensation judges and attorneys the business and insurance community round out our than ever are all around successfully conducted video and telephone hearings panel of fourteen. us: Increased vaccine and adjudicated an immense number of cases, almost The taskforce will solicit feedback from judges, accessibility, including without missing a step. attorneys, participants, and stakeholders and take stock for Americans as young Many agree that eventually the preference would of what’s working and how to continue to improve the as 12, CDC relaxation be for testimony to be done live in court again when workers’ compensation adjudication process and cost of recommendations witnesses no longer have to wear masks. However, we of workers’ compensation litigation while maintaining regarding mask use for have learned many lessons about remote hearings and due process for all parties. The taskforce will share its the fully vaccinated, and mediations and how they can be very effective and observations broadly and publicly — for the benefit the return of full sports provide tremendous cost savings to the system. The of the workers’ compensation adjudication moving and concert venues. The question remains, what should workers’ compensation forward. The taskforce’s goal is to formulate written summer of 2021 is shaping up to be yet another in a court look like in the post-pandemic phase? recommendations and identify clear best practices for long list of great American comeback stories. In April, the Workers’ Compensation Section hearings and mediations in a post-pandemic world. As society looks to rebound, the Philadelphia Bar formed a taskforce to study and make recommendations The taskforce held its first meeting on May 3, Association Workers’ Compensation Section is also regarding post-pandemic procedures. The Section and will meet monthly through August, to share eyeing the post-pandemic world and what a return to appointed Judge Todd B. Seelig, a Workers’ experiences, collaborate and deliver the aforementioned “normalcy” should mean. In March, the Section hosted Compensation Judge in the Philadelphia Office of recommendations. In an effort to address this issue a CLE titled, “A Year Post-COVID: How L&I Has Adjudication, to chair the Section’s Taskforce for with attention to detail, Judge Seelig has broken the Handled the Global Pandemic.” As was highlighted Post-Pandemic Procedures in Pennsylvania Workers’ taskforce into four committees to (a) address cost and by Pennsylvania Director of Workers’ Compensation Compensation. I am honored to have accepted a role Office of Adjudication Joseph DeRita and Southeast on this taskforce, as one of four representatives of the continued on page 10

Case evaluation consulting Forward-Thinking We are also available to conduct or attend mock trials to provide valuable perspectives ADR Services to enhance your overall strategy. Identify strengths and weaknesses and Optimal Dispute Resolutions’ neutrals have an established reputation for integrate them into the case narrative their fair and neutral approach. Our team is equipped to handle: Observations on case theories and Arbitration themes Fair adjudication to reach practical decisions Feedback for compelling opening Mediation statements and closing arguments Skillful facilitation to arrive at a mutually acceptable resolution Evaluate the effectiveness of Claims Administration, Monitorships and Receiverships exhibits, witness testimonies and Independent and effective oversight demonstrations

Hon. Lawrence F. Hon. Robert A. Hon. Jeannine Stengel (Ret.) - CEO Graci (Ret.) Turgeon (Ret.) (717) 556-1080 (717) 216-5511 (717) 556-1026 [email protected] [email protected] [email protected]

Trained to NEGOTIATE. Prepared to MEDIATE. Equipped to ARBITRATE.

MALVERN | LANCASTER | HARRISBURG optimalADR.com

PhiladelphiaBar.org June 2021 Philadelphia Bar Reporter 9

NEWS BRIEFS

3 Philadelphia Bar Association ‘Highly Recommended Candidates Win Election; 7 ‘Recommended’ Win

For the second consecutive primary election, only Philadelphia Court of Common Pleas judicial candidates rated “Highly Recommended” or “Recommended” by the Philadelphia Bar Association’s Commission on Judicial Selection and Retention – including three of five “Highly Recommended” candidates – won positions on the November ballot. In the primary for Philadelphia Municipal Court, both “Recommended” candidates moved on to the general election. The Commission, which is made up of legal professionals and members of the community, conducts a thorough, nonpartisan review of Philadelphia-based judicial candidates’ qualifications before issuing a rating based on criteria that include legal ability, experience, integrity, temperament, community involvement and judgment. “These primary election results reflect the regard that voters have for our robust, nonpartisan rating process,” said Chancellor Lauren P. McKenna. “Our Commission and our voter education-focused political action committee, the Campaign for Qualified Judges, have worked diligently this primary season to help voters learn about the candidates and make an informed choice.” June 22 Event with Judge Denny Chin to Focus on the Asian American Experience

Join the City of Philadelphia Law Department from 12-1 p.m. on June 22 for a virtual event with Judge Denny Chin of the U.S. Court of Appeals for the Second Circuit, focusing on the Asian American experience. Judge Chin will discuss the history of laws discriminating against Asian Americans, the history of discriminatory acts and violence against the AAPI community, and his own personal history. The first half hour will consist of Judge Chin’s presentation; the second half hour will be for Q&A. The event is sponsored by the Philadelphia Bar Association, APABA-PA and the School District of Philadelphia. To join the event, register here: https://us02web.zoom.us/meeting/register/ tZwpfuytrT0qG90ofIr7_iBripcfJZriKhEl

Left: Judge Denny Chin of the U.S. Court ATTORNEY DISCIPLINARY / ETHICS MATTERS of Appeals for the Second Circuit STATEWIDE PENNSYLVANIA MATTERS NO CHARGE FOR INITIAL CONSULTATION

Representation, consultation and expert testimony in Law School Outreach disciplinary matters and matters involving ethical issues, Committee’s Summer bar admissions and the Rules of Professional Conduct Brown Bag Series Begins James C. Schwartzman, Esq. • Judge, Court of Judicial Discipline on Thursday, June 3 • Former Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania • Former Chairman, Continuing Legal Education Board of the The Philadelphia Bar Association Public Interest Section’s Law School Outreach Supreme Court of Pennsylvania Committee will present its annual summer brown bag series for law students. This year, • Former Chairman, Supreme Court of Pennsylvania Interest on Lawyers Trust Account Board the series will take place virtually via Zoom, beginning Thursday, June 3 and running • Former Federal Prosecutor every Thursday at noon through July 29. The brown bag series consists of weekly • Selected by his peers as one of the top 100 Super Lawyers in discussions on specific topics related to public interest law and professional development. Pennsylvania and the top 100 Super Lawyers in Philadelphia Panelists include Philadelphia area legal services and government organizations who will • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year,” discuss their work and public interest career paths. The agenda also includes time for and in Plaintiffs and Defendants Legal Malpractice Law student Q&A with panelists. For weekly updates and Zoom link invitations to the series, 1500 Market Street, East Tower, Suite 1800 • Philadelphia, PA 19102 visit: https://lsocpublicinterest2021.eventbrite.com. (215) 751-2863

PhiladelphiaBar.org June 2021 Philadelphia Bar Reporter 11 Calendar of Events June 2021

Register at philadelphiabar.org and keep checking the CLE and Events calendar for more CLE and events added daily.

Professional Guidance Committee Education Law Committee Private Meeting Labor and Employment Law June 10 at 12 p.m. June 1 at 12 p.m. June 8 at 12 p.m. City Policy Committee Criminal Justice Executive Business Law Executive Committee June 11 at 12 p.m. Private Meeting Private Meeting Featuring City Managing Director, Tumar Alexander June 2 at 12:30 p.m. June 8 at 12 p.m. ADR Committee of the Family Law Wellness Wednesday Section ***CLE - Adjusting to Estate Planning & June 11 at 12 p.m. June 2 at 12:30 p.m. Administration_Pandemic Short, Guided Mindfulness Meditation Session June 8 at 12:30 p.m. 2.0 SUB credits - SPEAKERS LIVE via WEBCAST Social Security Committee June 11 at 12:30 p.m. CLE - BRIDGE THE GAP An Introduction to Online Video Hearings June 3 at 9 a.m. Delivery of Legal Services Committee 4.0 ETH credits - PRESENTED LIVE via WEBCAST Private Meeting June 9 at 8:30 a.m. The Philadelphia Lawyer Editorial Board Private Meeting Law School Outreach Summer Brown June 11 at 12:30 p.m. Bag Panel Large Firm Associates’ Private Meeting Collaborative Advocacy in the Public Interest Community June 9 at 9 a.m. Chat and Chew with the Wellness June 3 at 12 p.m. Committee June 11 at 1:15 p.m. Law School Outreach Committee Committee Chairs Join us for our weekly lunch-time forum while we discuss Private Meeting Private Meeting June 9 at 10 a.m. (or listen to) topics of interest, whether legal or non-legal. June 4 at 8:30 a.m. World Elder Abuse Awareness Day Chat and Chew with the Wellness CLE - Remediating Blight in Philadel- hosted by the Probate and Trust Law Committee phia Section June 4 at 1:15 p.m. June 9 at 12 p.m. June 15 at 10:30 a.m. Join us for our weekly lunch-time forum while we discuss 1.5 SUB credits - SPEAKERS LIVE via WEBCAST (or listen to) topics of interest, whether legal or non-legal. Diversity Committee of the Probate and Wellness Wednesday Trust Section Section Chairs June 9 at 12:30 p.m. June 15 at 12 p.m. Private Meeting Short, Guided Mindfulness Meditation Session June 7 at 8:30 a.m. Cabinet ***CLE - The Science of Well-Being Private Meeting Family Law Section June 10 at 10 a.m. June 15 at 12 p.m. June 7 at 12 p.m. 1.0 ETH credits - SPEAKERS LIVE via WEBCAST Employee Benefits DLSC Communications Subcommittee Law School Outreach Summer Brown June 15 at 12:30 p.m. Private Meeting Bag Panel We will discuss qualified plans, health and welfare plans, June 8 at 9 a.m. Post-Graduate Fellowships executive compensation plans, ERISA litigation, and other June 10 at 12 p.m. employee benefit matters. Law Firm Pro Bono Committee Private Meeting Legislative Liaison Committee DLSC Intake Subcommittee June 8 at 12 p.m. June 10 at 12 p.m. Private Meeting Please join the committee as we hear from Anthony Cris- June 15 at 3 p.m. Appellate Courts Committee ci, Crisci Associates. June 8 at 12 p.m.

For questions regarding Philadelphia Bar Association CLE, contact Director of Continuing Legal Education Tara D. Phoenix at 215-238-6349 or [email protected].

12 Philadelphia Bar Reporter June 2021 PhiladelphiaBar.org Education Committee of the Probate Diversity in the Profession Committee and Trust Section Private Meeting June 15 at 4 p.m. June 22 at 5:30 p.m. *** This CLE is eligible to be taken YLD Cabinet Wellness Wednesday for free as part of the six free Private Meeting June 23 at 12:30 p.m. June 16 at 9 a.m. Short, Guided Mindfulness Meditation Session CLE credits given to members in good standing. To take CLE - Contractual Good Faith: Interna- Publications Committee of the Probate advantage of this benefit, enter and Trust Section tional Perspectives June 24 at 8:30 a.m. the promo code MBRSFREE21 June 16 at 10 a.m. 1.5 SUB credits - SPEAKERS LIVE via WEBCAST at checkout. LRIS Committee Private Meeting Philadelphia Bar Foundation Board June 24 at 8:30 a.m. Private Meeting June 16 at 12 p.m. Law School Outreach Summer Brown Wellness Wednesday Bag Panel June 16 at 12 p.m. Personal Finance - How You Can Afford to Be a Public Short, Guided Mindfulness Meditation Session Interest Lawyer June 24 at 12 p.m. Diversity in the Profession Committee Criminal Justice Section Law Student Event June 24 at 12:30 p.m. Co-hosted by the Committee on Academic Engagement June 16 at 6 p.m. Board of Governors Private Meeting Making the Most of Your Summer: Law June 24 at 4 p.m. Student Panel Event & Virtual Mixer DLSC Resource Development/Management June 17 at 8:30 a.m. Former Chancellors Advisory Panel Private Meeting June 25 at 8 a.m. Law School Outreach Summer Brown Bag Panel Immigration Practice and Immigrant Rights Civil Gideon Task Force Meeting Private Meeting June 17 at 12 p.m. June 25 at 12 p.m. Family Law Executive Private Meeting Chat and Chew with the Wellness June 17 at 12 p.m. Committee June 25 at 1:15 p.m. Join us for our weekly lunch-time forum while we discuss CLE - Bad Faith Litigation in (or listen to) topics of interest, whether legal or non-legal. Pennsylvania June 17 at 2 p.m. YLD Executive Committee 2.0 SUB/1.0 ETH credits - SPEAKERS LIVE via WEB- Private Meeting CAST June 28 at 12 p.m.

CLE - VIDEO ENCORE: Eviction CLE - Nuts and Bolts of Custody Medi- Diversion Program Mediation Training ation June 21 at 10 a.m. June 29 at 9 a.m. 2.0 SUB credits - ATTEND via WEBCAST 6.0 SUB credits - SPEAKERS LIVE via WEBCAST

Public Interest Executive Committee Elder Law & Guardianship Committee of June 21 at 12 p.m. the Probate and Trust Law Section This meeting is open to all Public Interest Section mem- June 29 at 4 p.m. bers. You do not need to be a member of the Executive Committee to participate. LGBT Rights Committee June 30 at 12 p.m. Women’s Rights Committee June 22 at 12 p.m. Wellness Wednesday June 30 at 12:30 p.m. CLE - Embrace the Sounds of Silence Short, Guided Mindfulness Meditation Session June 22 at 12 p.m. 1.0 SUB/0.5 ETH CLE credits - SPEAKERS LIVE via WEBCAST

Register at philadelphiabar.org

PhiladelphiaBar.org June 2021 Philadelphia Bar Reporter 13 MEMBER BENEFITS: LAW PRACTICE MANAGEMENT CONSULTING Answer in the Form of a Question: Getting Introspective About Your Law Firm Management n By Jared D. Correia true that digging into businesses processes, and being takes for each step in a process -- can speed up your case thoughtful about how your law firm functions, is the resolution, and this positively affects your bottom line. Inertia is the worst first step in improving your law firm. Get your cycle time down, get your revenue up. That’s enemy of law form Questions that law firm managers ask can have a pretty great. But it does assume that you have already innovation. significant effect on existing processes and will lead to built case workflows. There’s certainlytheir revision. With that in mind, here are some questions How do your clients know you exist? Most law firms a strong pull to are only contacting clients if they want something, and continue to do what mostly, that something is more information or more has always been done. money. That’s one of the reasons consumers have a And generally, most bad impression of law firms, and why law firms lose attorneys, including business. Everyone is so busy, and so inundated with managing partners and information, no one is going to remember you as a law firm owners, don’t that law firm owners can start to ask themselves, and the referral option or a candidate for direct business, unless question things. results that might accrue from the process. you help that process along. So, it’s essential to get When things seem to be going well and the money How do we convert leads to clients? You may not ‘touches’ on your existing and former clients, to remind continues to roll in, lawyers tend to shrug their shoulders like the answer here, because most law firms don’t have them continuously of what you do. This is one reason and happily bounce along. If something devastating or any system to speak of for managing this process, such why email drip campaigns work so well. catastrophic happens (like a global pandemic), that can that you may be building from the ground up. But that If you want better answers, you’ve got to ask the spur action – but when the disruption passes, it’s back work will pay off over time. Even if you do nothing more questions. to the same old thing. than adopt customer relationship management software Managing lawyers and law firm owners can, however, (CRM) to better understand your lead engagement, Jared D. Correia is the founder and CEO of Red Cave Law take a simple approach to managing their practices more that’s a step in the right direction. Firm Consulting. If you want to learn more about building effectively, by implementing positive change: they just How long does it take on average to complete each a modern law firm, the Philadelphia Bar Association now need to ask more questions. Many attorneys are not step in resolving a case or claim? Efficiency drives law offers discounted law practice management consulting intellectually curious about their own businesses. Maybe firm revenue and understanding your ‘cycle time’ -- a services from Red Cave Law Firm Consulting. Get started they won’t like the answers the questions yield, but it’s lean management concept that identifies the time it today!

MEMBER BENEFITS: MY BENEFIT ADVISOR Cultivating a Constructive Culture in the Hybrid Work Environment

Most businesses today have come to logistical challenges of creating business owners will attest, a sound the realization that the traditional a hybrid workforce (which have culture is critical to any company’s 9-to-5 in-office workday haslargely been addressed at this point), success with the payoff showing in permanently transitioned to revenue growth, retention The Philadelphia founded in 18 a hybrid environment where and increased operatingT he Philadelphia Bar Association, founded in 1802, is the oldesTth e Philadelphia Bar Asasoscisatoionc, iation o employees work from the office income. association of lawyers in the founded in 1802, is the oldest United States. Thaes Psohciliatdieolnp hoifa lBaawry eArss oinc itahteio n, some days and from home other The Philadelphia foundedU ninit 1e8d0 2S,t aist etsh. e oldest United association of lawyers in the days. Although for many firms Bar Association offers United States. this transition began over the its members access to past several years, the COVID- My Benefit Advisor as 19 pandemic only served to a solutionC OforN NemployeeECT WIT H US CONNECT WITH US PHILADELPHIABAR.ORG hasten the process. benefits, includingC POHINLANDEECLPTH IWABIATRH.O URSG Employers and their voluntary offerings. PHILADELPHIABAR.ORG employees, however, are finding that many business owners and HR For more information about My although there are many advantages professionals are now focusing on Benefit Advisor, visit our website at CONNECT WITH US to the hybrid work environment, rebuilding policies and processes philadelphiabar.mybenefitadvisor. there are also a few challenges. to maintain employee engagement com or contact Ray Keough at (610) PHILADELPHIABAR.ORG Aside from the technical and and a unified culture. As many 684-6932.

14 Philadelphia Bar Reporter June 2021 PhiladelphiaBar.org CLE: OVERVIEW OF ADOPTIONS IN PHILADELPHIA Navigating the Highly Complex Process of Adoption: Five Key Takeaways n By Caren Teague placement of the child); petitions to terminate parental that focuses on parental abandonment and/or capacity. rights, consent of all appropriate parties, the petition for In addition, the adoption attorney must analyze whether Adoption is a constantly evolving, multifaceted legal adoption, and paying the filing fee. there are grounds under section 2511(b), which is a process, with laws that often differ widely by state or child-focused inquiry which looks at what harm if any even locally. A March 10 CLE hosted by the Adoptions Take Away Two: Relevant Adoption Laws may come to the child if the parent-child relationship Committee of the Family Law Section provided an As mentioned by the panelists, the Pennsylvania ends. overview of key issues involved and tips for navigating “Adoption Act” 23 Pa. C.S.A. §2301 et seq. includes the different aspects of private adoption practice in some of the most relevant information for public and Take Away Four: Philadelphia in Specific Philadelphia. The featured speakers were: Sarah Katz, private adoptions. The statute addresses jurisdiction, an associate clinical professor of law and director of venue, termination of parental rights termination, Panelists emphasized that each county has specific Temple Law School’s Family Law Litigation Clinic; the adoption petition and post-adoption contact. The practices when it comes to adoptions, an attorney Rebecca Levin Nayak, partner at Jerner Law Group, P.C., Orphans Court Rules also set out the procedural rules handling the adoption must become knowledgeable about Diana C. Schimmel, partner at Martine, Katz Scanlon which govern adoptions. local practice. In Philadelphia, adoptions are handled & Schimmel, P.A., and Liz Vaysman, owner of Vaysman in Family Court, as compared to most Pennsylvania Legal. Take Away Three: Termination of Parental Rights counties, which hear these cases in Orphans Court. Here are the five key takeaways from the event: Under the statute, Philadelphia is the appropriate place An adoption cannot be completed without the to file if any of the following individuals resides there: at Take Away One: What Does Planning an Adoption termination of parental rights of the natural parent or least one natural parent, the adoptee, the petitioner(s), or Look Like? parents. This can be accomplished either by consent or an agency having custody of the adoptee. involuntarily. By definition, terminating the rights of the Adoption is one of many ways to build a family. parents means ending the legal relationship between the Take Away Five: Adoption in Perspective Public adoptions (of children in foster care) go through parent and child. the juvenile dependency system, while private adoptions Voluntary relinquishment, or consent is when a The speakers emphasized that adoption can be a can be arranged via a private agency, or a natural parent parent or guardian agrees to the adoption of the child. highly sensitive and emotional process. Adoption lawyers may make an adoption plan with a relative or friend, or The process is set out in sections 2501, 2502 and 2504 have the privilege of helping create families, and at the could be a stepparent or second-parent adoption. of the Adoption Act. Natural parents have 30 days from same time must be sensitive and attentive to the rights There are many pleadings to be drafted and documents the date of signing the consent to revoke in writing, of natural parents. The panel also highlighted the ways to be gathered when filing an adoption. Panelists discussed after which an adoption attorney can file a petition to in which adoption is still a critical tool for ensuring the the need to complete a home study, and to gather and confirm the parent’s consent in court and proceed with parental rights of LGBTQ parents, and emphasized the criminal and child abuse clearances, as well as a number the adoption. interface between adoption law and the burgeoning field of other documents. Panelists also reviewed some of the In cases where involuntary termination of parental of assisted reproductive technology (ART) law. key pleadings which need to be filed such as a report of rights is pursued, it is essential that an adoption attorney intention to adopt (not required for kinship adoptions), analyze whether there are grounds under section 2511(a) Caren Teague is a pre-law student at Saint Joseph’s University a report of an intermediary (someone who arranges the of the Adoption Act., This is a parent-focused inquiry and communications intern at the Philadelphia Bar Association.

CLE: RESTORATIVE JUSTICE IN CRIMINAL JUSTICE

Working Together for Justice “We are empowering communities to solve their own problems, and keeping n By Sam Scavuzzo out of it,” said Troy H. Wilson, defense attorney and moderator of the Philadelphia Bar Association’s March the courts, keeping the judges, keeping New pilot programs from the Philadelphia District 25 CLE – “Restorative Justice in Criminal Justice.” the DA, and, yes, keeping even defense Attorney’s Office and the Defender Association of In Philadelphia, two restorative justice programs have counsel out of it.” Philadelphia partner with community members to just debuted—a juvenile project geared toward offenders address crime through restorative justice models. These accused of crimes not involving guns or sexual assault, diversionary programs bring those impacted by harm and and an adult program for the 700+ people arrested Christian Council of Philadelphia (MCCP). Jones will those who caused the harm together to discuss the impact during the George Floyd protests in 2020. lead a process for community members, juvenile offenders, of actions, hold people accountable, and develop a path As implemented in Oakland, Calif., and Arlington, and those harmed, which will involve mediation, circles, forward—largely without involving the legal process. Va., Philadelphia’s juvenile restorative justice program and conferencing to facilitate conversations between “We are empowering communities to solve their own will have the “community working together to process what are traditionally called “victims” and “defendants.” problems, and keeping the courts, keeping the judges, the harm done and how to move on,” said Rev. Dr. keeping the DA, and, yes, keeping even defense counsel Donna Lawrence Jones, executive director, Metropolitan continued on page 23

PhiladelphiaBar.org June 2021 Philadelphia Bar Reporter 15 CLE: IMMIGRATION CHALLENGES IN THE HEALTHCARE SYSTEM: CAN WASHINGTON FIND A CURE? The Connection Between Immigration and Medicine n By Leah Cilo physicians who choose this option, except for doctors members of the doctors, meaning that if a physician working for academic institutions, are subject to a contracts COVID-19 and cannot work, then the entire The immigration system 60,000-person quota. She added that physicians working family risks losing their immigration status. Additionally, in this country is broken, in private practice maintain their status through a lottery doctors from countries such as India often wait more and the attempts that and that last year, only one third of the cap-subject than a decade for a green card, and if they switch areas have been made during of specialty, then the application process starts over. Also, since the passage of the Medicare Act in 1965, American the past 15 years to “[A]s a result of prison gerrymandering, reform it have largely taxpayers have subsidized the salaries of all doctors failed. Nevertheless, in ‘Nearly 264,000 PA residents are training in our teaching hospitals and the loss of that the wake of the COVID- underrepresented, with over 100,000 Black talent to immigration problems does not make any of 19 pandemic, a new Philadelphians underrepresented due to us healthier. Additionally, visa strictures prevent doctors political will to fix the the placement of prisons outside of home from easily changing geographic location and practicing mess, at least on behalf of telemedicine. These wide-ranging problems demonstrate health care workers, has districts.’” the fundamental connection between immigration emerged. and medicine, as well as the problems that are faced in On March 30, the Health Care Law Committee individuals won HB-1 visas, creating staffing headaches medicine when immigration questions are not taken and the Immigration Law Committee hosted a CLE for health care institutions. seriously. webcast, entitled, “Immigration Challenges in the Hess stated that, alternatively, doctors can enter the To correct these problems, the second speaker, Siskind, Healthcare System: Can Washington Find a Cure?” to country to practice medicine with an H-1 visa or a J-1 offered some tempered hope that health care legislation discuss the immigration challenges that doctors face and visa. She explained that sponsoring hospitals, especially to fix these problems will pass. Specifically, the Conrad the proposed legislation that has been drafted to help after being financially battered by COVID-19, have been 30 Act, which both he and Hess are helping to draft, them and their patients. The speakers included Wendy taking the J-1 route. The complication with J-1 visas is is a comprehensive doctor immigration bill that would Castor Hess, who is a partner at Landau, Hess, Simon, that, with only a few exceptions, doctors must promise to eliminate country-of-origin quotas, allow physician Choi & Doebley in Philadelphia and the co-chair of the return to their home countries after the visas expire. The couples to work in the same community, and create more Immigration Law Committee, and Gregg Siskind, who third option is for doctors to get a permanent green card waiver slots for urban centers. COVID-19 has been is the founding shareholder at Siskind and Susser in or resident card, but this option is no less complex than deadly, but at least the pandemic has encouraged medical Memphis, Tennessee and who has written several books the first two, because there are situations where there are immigration reform that could benefit thousands of on physician immigration. more visa applicants for a certain category or country immigrants and non-immigrants alike. Hess started the discussion by outlining three options than there are available visas. available to immigrating doctors. The first option is a All these arcane rules have public health repercussions. Leah Cilo ([email protected]) is an associate at Martin temporary, non-immigrant path. She explained that For instance, the quotas in both systems include family Law LLC.

CLE: EMAIL COMMUNICATIONS AND THE ETHICAL RISKS ‘Reply All’ at Your Own Risks: Ethics for the Age of Email

n By Judy Stouffer Saltzburg) and Deborah Winokur (Cozen O’Connor) the benefits and risks with relevant technology. “You presented a lively and engaging discourse. have to know whether the tech you’re using is going The ProfessionalHow many of you copy or blind copy clients on to inadvertently disclose information.” Ruthrauff also Responsibility email to opposing counsel? Isn’t it understood that the touched upon PA Bar Opinion 2020-100, “Ethical Committee co-chairs communication is between lawyers, and clients are mere Considerations Relating to Email Communication hosted an “Email bystanders? Cohen countered: To those who think there Involving Opposing Counsel and Clients,” where it is Communications and is no risk, aren’t you potentially exposing your client’s made clear that the ethical burden to prevent inadvertent the Ethical Risks” CLE name and email address? Did your client consent to that? or unauthorized disclosure falls to the initial sender of on April 7. Hon. Denis Cohen cautioned that you’re also creating a direct and email. Cohen (FJD), Monique easy communication link between the recipient and your But, back to those who routinely send email with Myatt Galloway (General client. a cc/bc to clients. What if the opposing counsel clicks Services Administration), Ruthrauff covered the Professional Rules of Conduct, “reply all” and adds some substance? “Isn’t it reasonably Bourne Ruthrauffciting 1.6(d) – preventing inadvertent or unauthorized (Bennett, Bricklin & disclosure and 1.1 (Comment [8]) – awareness of continued on page 23

16 Philadelphia Bar Reporter June 2021 PhiladelphiaBar.org CLE: BOILED UP IN BOILERPLATE: SEVEN WAYS TO IMPROVE YOUR CONTRACT DRAFTING Avoid ‘Cut-and-paste’ Contract Pitfalls with These Tips n By Peggy Costello the contract (e.g. What am I purchasing? For how much which contained potential problems or ethical issues; for money?). example, can a party make an unidentified change to a In the April 8 CLE Intended or not, the boilerplate language that we contract? (Answer: no); if there is a mutual omission or “Boiled Up in often ignore or just “cut and paste” from an old form can mistake, can the contract be reformed? (Answer: yes). Boilerplate: Seven sometimes be outcome determinative. Ducloux walked Ducloux wrapped up this portion of his presentation Ways to Improve Your attendees through the common categories of boilerplate by advising listeners to protect themselves from these Contract Drafting” language (choice of law, forum selection, integration, potential pitfalls with careful review to ensure that their presented by LawPay, and severability, to name a few) and common pitfalls contract reflects the deal of the parties, and that the attorney Claude with each. In short, Ducloux advised attendees to ask attorney understands what the terms contained therein Ducloux, director of themselves a few questions before including boilerplate mean. LawPay education, language in their contracts: In closing, Ducloux encouraged attendees to invest ethics and compliance some time into their own collection of standard forms at LawPay Affinity 1. Do I understand what this is saying? to ensure that the documents they use are up-to-date Solutions, shared some 2. Do I need it? and relevant. By maintaining an up-to-date collection of his tips and tricks for making standard contract 3. Does my client need it? of forms, avoiding thoughtless “cut and pastes,” and language as strong as possible. 4. Can I explain this to my client? maintaining a careful review of their work, most attorneys Ducloux defined boilerplate language as “standardized 5. Which party benefits from this? can avoid ethical pitfalls, and make the language of their terms that long ago become part of a form because 6. Does it improve my client’s benefit, and if not, contracts even stronger. ‘this is the way we’ve always done it.’” In other words, does it harm my client? boilerplate language is the set of terms found at the end Peggy Costello is an attorney at the Law Office of Sue Ann Eckell. of a contract. Ducloux distinguished boilerplate from the The second half of Ducloux’s presentation focused on She can be reached at [email protected]. “essential terms”— the specifics/core reason or need for general contract ethics. He presented several scenarios

CLE: DEPRESSION: AN OCCUPATIONAL HAZARD OF THE LEGAL PROFESSION Depression and the Law

n By Mary LeMieux-Fillery because the medication works to re-balance the chemical them. brain imbalance. This statistic proves that depression is in When you are struggling in the darkness, you become On April 9, Lawyers fact a very curable disease. Your recovery can allow you to almost paralyzed and can’t ask for help. About one-third Concerned for Lawyers be the best version of yourself. of LCL’s calls come in as an intervention; so, if you think (LCL) presented an Stigma concerning mental health treatment and that you can’t make a difference, you are wrong. No one impactful CLE which diagnosis is costing us lives not only in our families, but should struggle in silence. Lawyers are the fourth-highest sought to reduce the also in the legal profession. At this point, we all know ranked profession for risk of suicide. Two landmark stigma concerning the studies done in the last two years show that one in three diagnosis and treatment lawyers will struggle with a mental health issue at one of depression. The“Two landmark studies done in the last two time in their careers — and these studies were conducted presenters were Laurie prior to COVID. years show that one in three lawyers will Besden, executive LCL has had the highest call volume in history for director of Lawyers struggle with a mental health issue at one mental health in the last few months due to us coming Concerned for Lawyers time in their career—and these studies were out of COVID. When a call is placed to LCL, telehealth of Pennsylvania and Andrea C. Farney of Triquetra Law. conducted prior to COVID.” can be set up in as little as 48 hours. If a lawyer, judge, At this point, due to the last year of COVID- or law student doesn’t have insurance coverage, LCL has related shutdowns and lifestyle changes, every single funding that can pay for this care. As a member of the one of us has experienced stress, anxiety, and situational people who have died because they have not sought out legal profession, it is critical to have the proper tools in depression. Depression is not a one-size-fits-all disease. help. place to be able to deal with your depression so that it can It is a chemical imbalance in the brain that can impact The number-one barrier with depression is asking be felt as less debilitating and more as a condition that is people very differently. Red flags to look out for that can for help due in part to the stigma in that it might be manageable. signal depression include increased use of alcohol and embarrassing to ask for help or due to the nature of the triggering memories from childhood. profession that you are supposed to be a problem solver, Mary LeMieux-Fillery ([email protected]) is an associate Depression is an invisible, but a very real, disease. not the one to ask for help. Sometimes the best thing you with the Law Offices of Eric A. Shore and is editor-in-chief of the However, treatment is so effective for depression that can do for someone is to make the initial, confidential Philadelphia Bar Reporter. once people are on medication, most see a positive effect phone call to LCL to get the conversation started for

PhiladelphiaBar.org June 2021 Philadelphia Bar Reporter 17 CLE: ENVIRONMENTAL LAW UPDATE 2021 A New Era for Environmental Regulation: The Opportunities and Challenges Ahead n By Mary LeMieux-Fillery Department of Justice are looking at the path forward The EPA and the states will continue the collaboration regarding environmental rule making, permitting and and coordination model, especially with Pennsylvania, This timely CLE panel enforcement with the current administration. Other as this model has been working well. The panelists also discussion focused environmental regulations to watch include those related remarked that we can expect to see more delegation and on how the current to air emissions standards, oil and gas exploration, deference to regional decision making. administration’s migratory birds and the Endangered Species Act. Updates on a local level include the City of proposed environmental Currently, there is Clean Water Act and oil and gas Philadelphia’s climate action plan. This plan was put into regulations could impact permitting litigation pending in multiple courts. The place in January 2021. In addition, climate mitigation the Commonwealth and permitting process is much more streamlined when there in terms of reducing the carbon footprint and climate the City of Philadelphia. are nationwide permits available. Until these cases are adaptation by using nature, is being put into place to A cornerstone of the resolved, we anticipate a patchwork of permitting being help Philadelphia reach its goal of carbon neutrality by Biden administration’s applied due to the nature of multi-state jurisdictions and 2050. Admittedly, this will be hard and will take a lot of campaign has been regulations applying to these projects. work for a city like Philadelphia because our power grid climate change. The Upcoming challenges for the EPA will include is still provided by older, dirtier sources and our city and current administration is working on retracting the staffing, hiring and training. The EPA has many unfilled housing stock are older. However, we are making positive rollbacks that made up the former administration’s positions currently. Two pieces of good news are: that the strides and currently have one of the nation’s largest environmental regulatory scheme. This is helpful because new budget provides a funding increase of 20 percent solarized programs for residential and small business federal leadership helps puts our local climate change for the EPA, and environmental justice considerations installation. We also have the largest municipally owned goals within our grasp. The panelists noted that now, will be driving much of the EPA’s activity going forward. gas utility in the country, so this puts us in a unique there is going to be more whole government involvement However, before the EPA can really focus on new position to explore the operation of a fossil fuel-based outside of the Environmental Protection Agency with rulemaking activity, it must deal with the challenges utility in a carbon neutral future. climate change. “We have more of an activist mindset of the pending Obama- and Trump-era litigation. In with the current administration.” terms of enforcement, the EPA will continue with what Mary LeMieux-Fillery ([email protected]) is an associate In addition, environmental justice is at the forefront is already in the pipeline and what has already been with the Law Offices of Eric A. Shore and is editor-in-chief of the and will guide the ways in which the EPA and the identified as a violation by the EPA. Philadelphia Bar Reporter.

CLE: PENNSYLVANIA AND NEW JERSEY CANNABIS UPDATE Navigating the Ever-Changing Field of Cannabis Law n By Peggy Costello qualifying conditions for obtaining a medical marijuana changed — it is still a schedule 1 drug. It appears that card. There are six or seven labs throughout the state that the DEA may be considering moving marijuana to a In the April 29 CLE, test all product. schedule 2 classification, but nothing official has been Pennsylvania and New The pandemic was a boon for the medical marijuana put forth. Jersey Cannabis Update, industry in Pennsylvania, for a variety of reasons. Anxiety In regard to the financial aspect of cannabis, the Safe hosted by the Cannabis was included as a qualifying medical condition, and Banking Act is working its way through the legislative Law Committee of the obviously, rates of anxiety spiked during the pandemic. branch. The Safe Banking Act seeks to remove some of Business Law Section, Further, a “drive through” model of service has been the penalties financial institutions incur for providing presenters Justin S. adopted during COVID times, as well as extending the services to cannabis businesses. In addition, capital Moriconi, of Moriconi permissible supply from 30 days to 90 days. markets started reopening for cannabis investments; Flowers, Ltd., and Joshua In New Jersey, adult use of cannabis was passed via a there are lots of investments being made in this space, Horn, of Fox Rothschild constitutional referendum in 2020. However, regulations especially with indoor growing. LLP, guided participants are still being sorted out, and likely adult use sales will not While the everchanging field of cannabis law can through the everchanging begin until 2022. The adult use program in New Jersey seem overwhelming, presenters Moriconi and Horn regulations that affect the status of cannabis in these allows for microbusiness licenses – licenses for minority efficiently took participants through the key trends in neighboring states, as well as some federal trends. and veteran-owned businesses based within the state. this legal field, both locally and nationally. The presenters began by reviewing the status of There is no cap on the number of microbusiness licenses cannabis in Pennsylvania, which is a medical marijuana that may be granted, but there is a cap on cultivation Peggy Costello is an attorney at the Law Office of Sue Ann Eckell. jurisdiction. Cannabis here is controlled by the licenses. She can be reached at [email protected]. Department of Health. There are close to 400,000 Moriconi and Horn also addressed federal and medical marijuana patients in the state, and there are 23 nationwide issues. Federal status of marijuana has not

18 Philadelphia Bar Reporter June 2021 PhiladelphiaBar.org PhiladelphiaBar.org June 2021 Philadelphia Bar Reporter 19 PRO BONO SPOTLIGHT - EDUCATION LAW CENTER Helping a Student and a School District Address Mental Health Concerns n By Debbie A. Carlos school, regular reports from the student’s doctors to Since joining the ELC board and assisting in last year’s school representatives, and a plan to return the student pro bono project in the middle of an unprecedented As a member of the Comcast Pro Bono Program and the to the appropriate school program when he was ready. global pandemic, I quickly learned that virtual learning board of directors of the Education Law Center (ELC), With a strong plan in place, the student and his family further amplified the inequities that exist in public I partnered as pro bono counsel with ELC last fall to school education by accentuating how race and socio- assist a 15-year-old high school student who had been economic issues intersect and impact children’s access to diagnosed with a serious mental health disorder at the equal and quality public school education. Through the beginning of the COVID-19 pandemic. The student was pro bono project, I witnessed first-hand the need for and receiving intensive at-home treatment from a psychiatrist importance of the work performed by ELC. and psychologist, both of whom determined that the Students and families across Pennsylvania, student’s mental health difficulties were triggered by particularly those historically underserved by our virtual learning. The student needed to be temporarily schools, need strong advocates who continue to look relieved from attending school so that he could receive for ways to advance their educational rights so that they the appropriate therapy and medication with an eye have true access to a quality education. ELC’s unique towards eventually returning to the appropriate school and impactful approach to working for educational program. justice combines legal representation, impact litigation, Rather than providing the support and flexibility community engagement, and policy advocacy. during this difficult time, the school threatened to refer I am grateful to be part of this wonderful organization the student to truancy court, despite his qualification could return to intensive therapy without fearing and look forward to my continued support of ELC. for an exception to Pennsylvania’s compulsory school truancy referrals. Equity begins with education. law. During likely the most challenging time in their ELC’s mission is to ensure access to a quality public To learn more, go to www.elc-pa.org or follow lives, his parents were terrified about punitive truancy education for all children in Pennsylvania, including, but on Facebook @EducationLawCenter or Twitter @ consequences and could not focus on the important not limited to, children with disabilities like the student edlawcenterpa. work of restoring their son’s strong mental health. I represented. By helping the student and his parents, I I represented the student and his parents in was able to facilitate a dialogue among the student and Debbie A. Carlos is Vice President, Senior Deputy General negotiations with the school district to ensure that his family, the student’s doctors, and the school district Counsel, Comcast Cable. the student was not referred to truancy court. The to arrive at a mutually agreeable resolution that would negotiations resulted in a written agreement that allow the student to focus on his medical needs while included a temporary medical excuse from attending protecting his right to access public education.

Post with us… Reach thousands of candidates today!

Start at CareerCenter.PhiladelphiaBar.org

20 Philadelphia Bar Reporter June 2021 PhiladelphiaBar.org DLSC IN THE COMMUNITY: HOMELESS ADVOCACY PROJECT Eliminating the Barriers to Getting a State ID n By Evan Dubchansky and Michael Taub conjunction with Dechert LLP and the Philadelphia 2020 to waive the cost of new or renewed state IDs for Foundation, began looking into whether a state ID fee all Pennsylvanians who meet the federal definition of People experiencing homelessness come to the Homeless waiver for people experiencing homelessness was possible being homeless. Governor Wolf signed the law shortly Advocacy Project (HAP) for help on an array of issues, after it was introduced, and by February of this year, but one issue stands out as being the gateway to resolving PennDOT began issuing the new state IDs to people a great many others: lost or stolen Pennsylvania photo across Pennsylvania experiencing homelessness. For those ID cards. who have been able to obtain a free ID, they have had Many landlords and housing programs will not accept easier access to employment opportunities, government applications for housing unless the applicant possesses at benefits, and housing applications. valid state ID. However, people living in a shelter or on the Despite the success of HAP’s efforts to obtain the street lack a safe place for storing important documents, fee waiver, there remains work to be done to eliminate so ID documents are often lost or inaccessible just when barriers for people experiencing homelessness who need they are needed most. For those without photo ID, it is a state ID. Under the new law, only new or renewed state also nearly impossible to deposit a stimulus check, start IDs are free. As a result, the change offers no support for a new job, or make use of many other benefits that those in Pennsylvania, as is the case in 10 other states across those who have lost or had their ID stolen prior to its of us with state-issued ID take for granted. the country. expiration date. HAP is now exploring ways in which the The cost for a state ID in Pennsylvania has risen 133% As the price of an ID is established through the new law can be expanded to provide fee waivers for all who since 2014 to $31.50. This increase has rendered state Transportation Bill, it was determined that a fee are experiencing homelessness, and our elected officials ID cost prohibitive for those with limited or no income. waiver was possible, but only if passed by the state have the power to make this happen. If they do, no one For many years, at least one organization has written legislature. In contrast, the Wolf administration was will be prevented from obtaining housing, depositing a checks to PennDOT to help people pay for state ID, able to waive the cost of replacement birth certificates stimulus check, or otherwise accessing needed benefits but the organization simply does not have the funding for people experiencing homelessness in 2019 without solely due to a lack of photo identification. to meet the demand of all those in need of housing. As a new legislation. HAP, Dechert, and the Philadelphia result, unhoused people and others in need of financial foundation were instrumental in achieving that fee Evan Dubchansky ([email protected]) is a licensed assistance are left without clarity on how to access their waiver, too. social worker at the Homeless Advocacy Project. Michael essential documents. Due to the collaborative efforts of HAP, Dechert, Taub ([email protected]) is a lawyer and HAP’s Having seen far too many Philadelphians suffer and the Philadelphia Foundation, a bill was introduced Advocacy Director. the repercussions of not having photo ID, HAP, in in the Pennsylvania State Legislature in November

2021

BENCH-BAR & Annual Conference Save the Date

Join us Friday, October 1, 2021 for a day of virtual courses and plenaries, including the opportunity to earn up to eight CLE credits.

Celebrate the return of Bench-Bar with an evening of COVID-safe networking and socializing from 5-8 p.m. Thursday, September 30 at Franklin’s View, a Cescaphe venue in Franklin Square, 200 N. 6th St.

Registration opens June 15, 2021 BE A Sponsorship opportunities available – contact PART OF IT Tracey McCloskey at [email protected]. A Community That Matters

PhiladelphiaBar.org June 2021 Philadelphia Bar Reporter 21 QUICK BITES: MODO MIO Modo Mio – Former BYO Stalwart Reborn Photos by James Zwolak Spicy red mussels Pappardelle with shrimp, broccoli rabe, spicy Pork belly with provolone guazzetto, mushroom “Nduja” sausage, and gorgonzola risotto, piccata, and red onion mostarda n By James Zwolak only again be inevitably stuck with them), my wife, Gia, frequently cooks amazing fresh pastas with shrimp, and I decided to check it out. various greens, and sausage, but usually never in one One of my biggest culinary regrets is never dining at Some things have changed. They have a bar now. And dish. So, she was initially unsure about ordering the the original Italian BYO Modo Mio. The OG of Chef the “menu turista” from the old days remains but is not pappardelle with shrimp, broccoli rabe, spicy ‘Nduja Peter McAndrews’s early aughts mini-empire, everyone required. The apps ruled. I’m a mussel snob, and Modo (similar to andouille) sausage, and gorgonzola. But I knew—even my long-departed best pal Joe D., who Mio’s spicy red mussel appetizer garnished with herbs in Modo Mio’s combination did not overwhelm; the silky hated roughly 93% of the restaurants he was dragged to a tangy broth did not disappoint. I devoured my plump, pasta melted in my mouth, and Gia had to fight me off by his wife, Theresa—raved about its multi-course prix piquant bivalves, muttering vague comparisons to the from my invasion of her dish. fixe in its former festive, cramped Girard Avenue setting iconic version of Monk’s. Gia’s crispy fried artichoke Lola’s whole sea bass—one of the few items her that even filled your third stomach without draining with smoked mozzarella, lemon, and caper butter limited constitution could handle—was a serious your wallet. brought us memories of chowing them down in some catch adorned with wild fennel, black olives, sun dried When McAndrews—who retrenched by shuttering non-descript village in Tuscany. Nigel mused about his tomatoes, and artichokes. She opined, “Whole fish most of his other awesome places—reopened Modo fried squid that “this calamari has citrus and so much is usually not memorable, but this went above and Mio in Queen Village quietly during COVID, I paid else going on, it doesn’t need your grandad’s gravy boat beyond.” little notice. But after my boss, Frances, raved about of red sauce.” I’m not sure calamari with red sauce was Like every item at Modo Mio, this was a non- it, our usual quartet of “Nigel” and “Lola” (who I actually a thing in Nigel’s native land, but all good. skimpy entrée at a sensible price. Nigel loves pork belly, mercilessly ban from these review meals bi-monthly, to Our main courses were similarly stellar. Gia so he gravitated to the Bellissima entrée (not on the menu turista), with provolone guazzetto, mushroom risotto, piccata, and red onion mostarda. Again, lots of fleshy goodness for only $25. I even blurted “Nigel, QUICK TIP: USI AFFINITY - MY BENEFIT ADVISOR that is all belly” as I wolfed down a healthy chunk. Highly recommended. By comparison, my nightly Enhanced Travel Delay Benefits to Meet New special pasta—a rigatoni with some tasty sausage—was relatively uninspired. But I ate it all. Travel Requirements Gia and I had desserts included in our menu turista, which Modo Mio generously let us share with Nigel and As the world settles For more, visit https://insurancefocus.usiaffinity.com Lola. My panna cotta—yummy on its own—came with into a pandemic that juicy strawberries, a crispy biscotti crumble, balsamic won’t quickly disap- For more information about insurance, visit the Philadelphia reduction, and white chocolate. Amazing. Gia’s berry Bar Association Insurance Exchange at www.usiaffinityex.com/ pear, many people are tart was also great. becoming comfortable PhiladelphiaBar. For Lawyers’ Professional Liability and other busi- with traveling again, ness coverage, you can continue to visit the regular Philadelphia Bar I can’t recreate the past, but I’m glad McAndrews feeling more confident Association Insurance Program website at www.mybarinsurance.com/ reopened his flagship so I could try it. Joe D. would in the measures that PhiladelphiaBar. If you’d like to talk to someone about insurance and have approved. Check it out. benefits options for Philadelphia Bar Association members, call USI can be taken to minimize personal exposure and risk. As travelers research new country and destination require- Affinity Benefit Specialists at 1-855-874-0267. For over 75 years, the divisions of USI Affinity have developed, marketed and administered James Zwolak ([email protected]) is a divisional ments that have arisen because of the pandemic, many insurance and financial programs that offer affinity clients and their deputy solicitor in the City of Philadelphia Law learn that they need to have a certain minimum level of members unique advantages in coverage, price and service. As the Department. travel insurance to enter their destination. endorsed broker of the Philadelphia Bar Association and more than 30 In particular, Costa Rica, Bhutan and many coun- other state and local bar associations and with more than 30,000 attor- tries in the Caribbean and Latin America have put in neys insured, USI Affinity has the experience and know-how to navi- place some travel and health requirements. gate the marketplace and design the most comprehensive and innova- tive insurance and benefits packages to fit a firm’s individual needs.

22 Philadelphia Bar Reporter June 2021 PhiladelphiaBar.org

philadelphiabar.org

CONNECT WITH OUR COMMUNITY The Philadelphia Bar Association offers a wide range of sponsorship opportunities designed to meet your specific needs.

BUNDLE • Contributing Partner AND SAVE Select $12,000 in benefits for $10,000 and receive additional benefits.* • Executive Partner Select $18,000 in benefits for $15,000 and receive additional benefits.** • Premier Partner Select $24,000 in benefits for $20,000 and receive additional benefits.*** *Contributing Partner benefits – Recognized as “Contributing Partner” at Association Quarterly Meetings and Bench-Bar Conference; Sponsor table at Bench-Bar Conference in-person reception. Recognition on Association website and social media. **Executive Partner benefits – Same benefits as Contributing Partner; plus, recognition in Association publications as “Executive Partner”. Recognition as Law Week Sponsor. One non- webinar, non-CLE direct email to Association membership. ***Premier Partner benefits – Same benefits FOR MORE as Executive Partner; plus, receive two non- INFORMATION, webinar, non-CLE direct emails to Association membership. Logo with hyperlink on Association contact Tracey McCloskey, online registration pages. Recognition logo with director of meetings and hyperlink on bar-wide notices. special events, at [email protected].

24 Philadelphia Bar Reporter June 2021 PhiladelphiaBar.org