Vol. 84, No. 2 Philadelphia Bar Association Quarterly Magazine Summer 2021
Lawyers in the Family BY MEMBERS OF THE PHILADELPHIA BAR ASSOCIATION
The Legacy of “The List” ‘Doing Some Good Today’: by Albert S. Dandridge III Pro Bono Goes Virtual by Valentine A. Brown Early Bird Registration Open Now at philadelphiabar.org
2021 BENCH-BAR & Annual Conference
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BE A PART OF IT A Community That Matters THE PHILADELPHIA L AW Y ER CONTENTS
Vol. 84, No. 2 Philadelphia Bar Association Quarterly Magazine Summer 2021
FEATURES DEPARTMENTS
10 Pandemic Silver Linings 2 From the Editor Beating the COVID blues through by Shelli feDullo shared meals and Chopin by ying Zhou 4 Briefs
12 ‘Doing Some Good 5 In Memoriam Today’: Pro Bono Goes Virtual 14 7 From the Chancellor When conducting a virtual pro bono by lauren P. MCKenna clinic, patience and flexibility are key. by Valentine a. brown 8 Ethics Shining a light on tough questions of conduct. 14 Remembering Doreen Davis by Daniel J. Siegel Friends and colleagues remember the late Doreen Davis, who approached every challenge she faced with 38 Technology determination to be consequential. The technologies adopted by necessity during the pandemic by Daniel a. CiruCCi are here to stay. by Daniel J. Siegel 17 Annals of Justice: The Heyday of Federal Parole Practice 43 Book Review Leveling the playing field at parole hearings. by lee a. SChwartZ by SteVe laCheen FAMILY LAW ARBITRATION: Practice, Procedure and Forms, by Carolyn Moran Zack 22 Lawyers in the Family Lessons learned when the Thanksgiving table is full of 44 That Was Then —2005 Summer lawyers. Sports Fundraisers by MeMberS of the PhilaDelPhia bar aSSoCiation Going the distance with the Philadelphia Bar Association 31 The Legacy of ‘The List’ The nurturing relatives of Philadelphia’s Black attorneys. by albert S. DanDriDge iii
34 For Fans of Du-Wop A harmonious ode – and playlist – for what the author calls “the best listening music” by DaViD i. grunfelD
36 A Matter of Life and Death Recognizing the responsibility that comes with privilege by Jennifer DuMin 31
the philadelphia lawyer summer 2021 1 FROM THE EDITOR Keep Smiling
BY SHELLI FEDULLO
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The Philadelphia Lawyer 8636 SULQWHGZLWKVR\LQNVRQUHF\FOHGSDSHULVSXEOLVKHGTXDUWHUO\LQ0DUFK-XQH6HSWHPEHUDQG'HFHPEHUE\WKH3KLODGHOSKLD%DU$VVRFLDWLRQ 0DUNHW6WWKÁ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ÁRRU3KLODGHOSKLD3$ $VSROLF\ZHGRQRWFRPSHQVDWHRXUZULWHUV
2 the philadelphia lawyer summer 2021 As I sit at my computer writing The “ Philadelphia my final column as editor-in chief Lawyer
of The Philadelphia Lawyer, I am EDITOR-IN-CHIEF Rochelle M. Fedullo smiling, and hope that you take a Editorial Board Albert S. Dandridge III moment to find something to smile Steven R. Sher Jennifer Platzkere Snyder Brian J. McGinnis about and that it feels lovely.” Daniella Price Niki T. Ingram John Gregory Regina, and I “convene”—as often as nec- love, for this magazine. Being a Philadel- Jonathan Aronchick Matthew Faranda-Diedrich essary—to help lawyers who want help phia lawyer is a privilege we all share, and Angela Giampolo find lawyers who are there to help. From it has been a privilege to serve as editor-in- Harold K. Cohen personal experience, I can tell you that chief of The Philadelphia Lawyer. Another Emmanuel O. Iheukwumere Daniel J. Siegel being a mentor is terrific. reason to smile. During 2019, in my monthly “Chan- Editors Emeritus cellor” columns in the Philadelphia Bar David I. Grunfeld Reporter and in four editions of this mag- Rochelle M. Fedullo (rochelle.fedullo@ Stephen Robert LaCheen Richard G. Freeman azine, I have had the wonderful opportu- wilsonselser.com) is Editor-in-Chief of The Michael J. Carroll nity to share my thoughts with you, and I Philadelphia Lawyer, a past Chancellor of Justine Gudenas thank you for reading. Before I sign off and the Philadelphia Bar Association, and a Editing and Design make my way down to the bottom of the senior counsel at Wilson Elser Moskow- Rachel Kipp TPL masthead, I thank our amazing com- itz Edelman & Dicker LLP. Opinions are Brittany Anne Robertson munications team—Rachel Kipp, Brittany the Editor’s own and are not intended to Robertson, and Wes Terry. I thank my dear express views of the Philadelphia Bar friends and colleagues on the Editorial Association, the Editorial Board, or those Philadelphia Board for their dedication to, and yes, even of her professional affiliation. Bar Association
CHANCELLOR Lauren P. McKenna Chancellor-Elect Wesley R. Payne, IV Vice Chancellor BE A Marc J. Zucker Secretary Michael J. Stackow PART OF IT Assistant Secretary A Community That Matters Michael T. van der Veen Treasurer MEMBER BENEFITS INCLUDE: Matthew S. Olesh • Valuable networking and leadership opportunities Assistant Treasurer • Impact government decision making that affects the legal profession • 6 CLE credits to use on any of our one or two-credit programs Jennifer S. Coatsworth • Discounts on shipping, office supplies, legal services platforms and Executive Director mental health and wellness services Harvey Hurdle Jr. • Timely updates from the courts JOIN US • New clients through our Lawyer Referral and Information Service TODAY • The chance to make a difference philadelphiabar.org
the philadelphia lawyer summer 2021 3 world BriefsBBriefsrugby levels rup ■ cleaningi upef the waterworkss ■ in memoriam World Rugby Levels Up
orld Rugby is amend- considered for inclusion in rugby’s law book Get Published in ing its laws, and it is from May 2022 — a year before the Rugby with hope that the World Cup in France. W safety of rugby play- In addition to the trial amendments, a ers all around the world will improve, but at panel of concussion experts will be made what expense? available to the highest level of players to After consultation with a number of review the health of those who have been The Editorial Board of this players, medical officials, coaches, and concussed. The panel will provide an inde- magazine welcomes submissions from attorneys and other competition organizers, World Rugby’s gov- pendent expert opinion on the ability of professionals who wish to share erning body—at the recommendation of its those players to return to competition, fol- their expertise on law-related topics. Law Review Group and High Performance lowing a graduated return process. As policy, we do not Committee—has decided to trial five law As well as having a positive impact on compensate our writers. amendments, and it is said that these amend- the recent Super Rugby competition in Aus- Articles must be original and ments will be implemented in global com- tralia, the panel review “also gives a second- previously unpublished. petitions starting in August and in upcoming ary level of evaluation for the player prior Manuscripts should adhere to seasons. Amendments will include goal-line to return, as players will always retain an the following word counts: dropouts, sanctions imposed on clear-outs urgency to get back on the field,” said Inter- * Major Law-Related that target lower limbs, penalizing the for- national Rugby Players board member Dr. Articles: 2,000 words mation of pods of three or four players, and Sharron Flahive. * Other Law-Related Features: 1,500 words more, all to reduce the risk of injuries during * General Interest: 1,500 words the game. It is with hope that these new Sourced from the AP News story * Fiction: 1,000 words amendments will reduce the potential for “World Rugby to trial laws aimed at * Practice Areas: 750 words * Essays or Humor: 750 words concussions, but they may also increase the improving player welfare” by Steve * Book Reviews: 750 words penalization of players. If the amendments McMorran: https://apnews.com/article/sci- prove to go well in the trials, after a year, ence-sports-health-rugby-48ddbdbf135c- For more information, the trials that are deemed successful will be c188622172428807ecd e-mail: [email protected].
4 the philadelphia lawyer summer 2021 Cleaning Up the Waterworks
s the country continues to battle risky and danger- ous water-related issues, A the Biden Administration has prioritized water as one of its main concerns. In an interview with The Asso- ciated Press, Radhika Fox, the Environ- mental Protection Agency’s new water director, delves into the Biden administra- tion’s plan to rewrite the regulation, and explains the waterways that qualify for federal protection under the Clean Water Act. This interview touched on the infra- structure plan’s goal of eliminating the country’s remaining lead pipes and ser- vice lines, and the importance of diver- sifying water sources in dry regions. Fox further explained that the Clean Water Act was created about 50 years ago, because are going to promote diversification of “rivers were on fire because pollution was water supplies.” Sourced from the AP News story “AP Inter- so bad.” With such toxic and harmful pol- Without a doubt, there is a water view: EPA water chief on clean water pro- lution affecting the water, there is a higher access gap, one which Fox spoke about tections” by Suman Naishadham: https:// risk of contaminations of water sources in in the interview. Every year, millions of apnews.com/article/joe-biden-busi- homes and in educational settings. With people go without access to clean, safe, ness-government-and-politics-environ- this in mind, Fox urges that we really and affordable water services, so this new ment-and-nature-0f8f453d991e9a032c3f- “understand the on-the-ground implemen- administration must continue to prioritize 6c33f03f0c33 tation challenges,” and work together as a water conservation. community to “invest in those things that
■ IN MEMORIAM ■
Bernard G. Heinzen Frank B. Tripodi 2020, age 90 April 15, 2021, age 49
Frank J. Baldino Andrew Stern Dec. 3, 2020, age 72 May 29, 2021, age 60
Gregory Nowak Paul Minkoff April 11, 2021, age 61 July 20, 2021, age 92
Peter P. Perry April 14, 2021, age 85
Please send In Memoriam notices to [email protected].
Have you considered a contribution to the Philadelphia Bar Foundation in memory of a deceased colleague? For information, call Jessica Hilburn-Holmes, executive director, at 215-238-6347.
the philadelphia lawyer summer 2021 5 THE LEGAL DIRECTORY 2021
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6 the philadelphia lawyer summer 2021 FROM THE CHANCELLOR Making a Difference Through Generations
94TH CHANCELLOR LAUREN P. MCKENNA
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the philadelphia lawyer summer 2021 7 ETHICS BY DANIEL J. SIEGEL Some Ethics Questions Are Hard to Answer
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Conner, CPA, MST Audit and Corporate Governance Committees Managing Director e-mail: [email protected] 110 South State Street, Suite 200 | Newtown, Pennsylvania 18940 Tel: 215.860.3322 | www.connercpa.com the philadelphia lawyer summer 2021 9 PANDEMIC SILVER LININGS By Ying Zhou KHSDQGHPLFQRWRQO\FKDQJHGP\SUDFWLFHEXWDOVRP\IDP- EHWWHUDQGP\SXEOLFL]HGDWWHPSWVDWYHJ- HWDULDQFRRNLQJJDLQHGPHEURZQLHSRLQWV LO\ OLIH , IRXQG P\VHOI DVVXPLQJ WKH IROORZLQJ UROHV RQ D ZLWK P\ PRWKHULQODZ ZKR WULHG IRU GDLO\ EDVLV WKH KHDG FKHI WKH FXVWRGLDQ WKH ODXQGUHVV WKH \HDUVWRSHUVXDGHP\KXVEDQGWRHDWPRUH T YLUWXDOVFKRRODVVLJQPHQWWUDFNHUWKHFRPSXWHUXVHPRQLWRUWKH YHJHWDEOHV DQG OHVV PHDW$OVR , GHFLGHG WR OLPLW P\ DOOQLJKWHU ZRUNLQJ VHVVLRQV PXVLFDOLQVWUXPHQWSUDFWLFHDVVLVWDQWWKHOLVWJRHVRQ adopt a more regular sleep schedule, and LQFUHDVH RXWGRRU H[HUFLVH WLPH HYHQ LI LW $OOZKLOHWU\LQJWRNHHSXSZLWKZRUN³ WRPV RI SK\VLFDO ´EXUQRXWµ PDQLIHVWLQJ PHDQWZDONLQJWRWKHQHDUE\:KROH)RRGV PHHWLQJ WKH QH[W GHDGOLQH UHVSRQGLQJ WR LQ JDVWURLQWHVWLQDO LVVXHV RI P\VWHULRXV ZKLOHOLVWHQLQJWRWKHODWHVWHSLVRGHRI´7KLV FOLHQWV·UHTXHVWVIRUFDVHXSGDWHVHWF,GR FDXVHV ZKLFK P\ GRFWRUV ZHUH QRW DEOH $PHULFDQ/LIHµRQP\SKRQH QRWEHOLHYHWKLVH[SHULHQFHZDVXQLTXHWR WR GLDJQRVH GHVSLWH WKH ;UD\V DQG RWKHU :KHQ,LPSOHPHQWHGWKHFKDQJHV,IHOW PH0DQ\RI\RXRXWWKHUHSUREDEO\H[SH- WHVWLQJFRQGXFWHG:DQWLQJWRUHYHUVHDQ\ LPSURYHPHQW LQ P\ GLJHVWLYH V\VWHP P\ ULHQFHG WKH VDPH WKLQJ IHHOLQJ H[KDXVWHG SRWHQWLDOGDPDJH,GLGWRP\ERG\E\WKH PRRG DQG PHQWDO KHDOWK , HYHQ VWDUWHG DQGDWWLPHVDOLWWOHUHVHQWIXOIRUEHLQJWKH VWUHVV,GHFLGHGWRPDNHFKDQJHV,VWDUWHG SUDFWLFLQJ SLDQR PRUH UHJXODUO\ ZKLFK , RQHZKRZDVUHVSRQVLEOHIRUZKDWVHHPVWR WRFRRNPRUHYHJHWDULDQDQGYHJDQUHFLSHV KDYH QRW GRQH IRU \HDUV VLQFH JUDGXDWLQJ EHDQHQGOHVVDPRXQWRIKRXVHKROGFKRUHV ZKLFKZHUHQRWDOZD\VZHOOUHFHLYHGE\P\ IURPODZVFKRRO,IRXQGPRUHMR\LQSOD\- RQWRSRI\RXUDOUHDG\VWUHVVIXOZRUNORDG SLFN\ FXOLQDULO\ VSRLOHG NLGV +RZHYHU ing the piano during the pandemic than 'XHWRWKHVWUHVV,VWDUWHGWRIHHOV\PS- WKHFRQVXPSWLRQRIOHVVPHDWPDGHPHIHHO DQ\RWKHUWLPHLQP\OLIHHYHQZKHQ,ZDV 10 the philadelphia lawyer spring 2021 a serious student of classical piano per- The pandemic brought a lot of changes everyone’s favorite movie and TV shows formance. I attribute this joy to the fact I to our lives. Sadly, we are more fearful, less together. I think there is a silver lining in all needed something other than the work, the social, more emotionally fragile … just to this after all—as I am determined to master chores, and the uncertainties. Piano satis- name a few negative ones. Nonetheless, it a few more pieces of Chopin Nocturnes in fies this need for me. When I play Chopin also allowed us to get physically and emo- the upcoming months. Hope you will find Nocturnes, I feel transcended and serene. I tionally closer to our immediate family your silver lining as well. also organized my kids to play their respec- members, such as seeing our kids engaged tive instruments and broadcast family con- in virtual learning, hearing their laughter certs to my in-laws, who live in Upstate and chatter with their friends online, eating Ying Zhou is principal attorney at the Law New York, over Zoom and by telephone. and sharing all meals and binge watching Office of Ying Zhou, PLLC. continued from page 7 tion benefits when employees bring their ter their race, ethnicity, religion, sexual ori- profession. unique life experiences and perspectives entation or background. The progress we As all companies look to strengthen when dealing with clients or trying to solve make today will define the experience of their DEI initiatives, it is important for legal issues. Finally, when people feel com- future generations. legal departments and the legal community fortable bringing their authentic selves to to lead the way. It’s also a business imper- work, they tend to stay in those organiza- ative: Research has shown that diverse tions. Lauren P. McKenna (chancel- teams are more innovative and demonstrate Our community as a whole must con- [email protected]) is the 94th stronger creativity and collaboration than tinue being a “nurturing relative,” advanc- Chancellor of the Philadelphia Bar Asso- teams comprised of members with similar ing the cause of creating a truly equitable ciation. backgrounds. Further, the entire organiza- legal profession that is open to all, no mat- ATTORNEY DISCIPLINARY / ETHICS MATTERS STATEWIDE PENNSYLVANIA MATTERS NO CHARGE FOR INITIAL CONSULTATION Representation, consultation and expert testimony in disciplinary matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct James C. Schwartzman, Esq. • Judge, Court of Judicial Discipline • 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 Supreme Court of Pennsylvania • Former Chairman, Supreme Court of Pennsylvania Interest on Lawyers Trust Account Board • Former Federal Prosecutor • Selected by his peers as one of the top 100 Super Lawyers in Pennsylvania and the top 100 Super Lawyers in Philadelphia • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year,” and in Plaintiffs and Defendants Legal Malpractice Law 1500 Market Street, East Tower, Suite 1800 • Philadelphia, PA 19102 (215) 751-2863 the philadelphia lawyer summer 2021 11 ‘DOING SOME GOOD TODAY’: PRO BONO GOES VIRTUAL By Valentine A. Brown Photo by Nathan Dumlao on Unsplash VZHHPHUJHH\HVEOLQNLQJLQWRWKHVXQOLJKWRIWKH YROXQWHHUVPHHWVDJURXSRIFOLHQWVLQWKHVDPHVSDFHDWWKHVDPH QDVFHQW SRVWSDQGHPLF ZRUOG ZH DUH DOO WKLQNLQJ WLPHWRSURYLGHWKHVDPHW\SHRISURERQRVHUYLFH&RPPRQWRS- about the new habits, tools and practices we want LFVIRUFOLQLFVDUHVLPSOHZLOOVDQGKHDOWKGLUHFWLYHVQDWXUDOL]DWLRQ WRNHHSDQGWKRVHZHZDQWWRVKHG5HPRWHZRUN D DSSOLFDWLRQVH[SXQJHPHQWSHWLWLRQVDQGHYHQSDUGRQV ANHHSHU PDVNV QRWVRPXFK³DQGWKHQWKHUHLV=RRP=RRPFDOOV ,QUHDOOLIHWKHVHFOLQLFVFDQEHDELWFKDRWLFDQGOLIHDIÀUPLQJ =RRPKDSS\KRXUV=RRPELUWKGD\SDUWLHV=RRPERDUGPHHWLQJV DWWKHVDPHWLPH9ROXQWHHUODZ\HUVDQGFOLHQWVFKDWZKLOHZDLWLQJ =RRPFRRNLQJFODVVHV,HYHQDWWHQGHGD=RRPPDJLFVKRZ³QRZ IRU WKHLU DVVLJQHG VHDWV DQG WKHQ JHW WR NQRZ HDFK RWKHU ZKLOH WKDWZDVUHDOO\DPD]LQJ%XWWKHQWKHUHZHUH=RRPSURERQRFOLQ- ZRUNLQJ WRJHWKHU WR SUHSDUH WKH FOLHQW·V SDSHUZRUN 7KH\ GULQN LFV FRIIHHWRJHWKHUDQGHDWGRQXWVZKLOHZDLWLQJIRUVLJQDWXUHSDJHVWR )RUWKHXQLQLWLDWHGDSURERQRFOLQLFLVZKHQDJURXSRIOHJDO SULQWDQGOHDUQPRUHDERXWHDFKRWKHU·VOLYHVDQGIDPLOLHV,QWKH 12 the philadelphia lawyer summer 2021 “ While we will definitely go back to holding some in-person clinics, there are so many positive benefits to a virtual Zoom clinic that, at least for us at Duane Morris, the virtual clinic is here to stay.” Photo by Rainier Ridao on Unsplash meantime, clinic organizers run around (almost literally) making and document gathering than live clinics. Ensuring that volunteer sure everyone is in the right spot, filling out the right paperwork, attorneys have as much client information as possible prior to the all while trying to keep the printer running. clinic will make the event much smoother and reduce document It took only a few months after the start of the pandemic for us exchange technology hiccups on the day of. Likewise, virtual clin- to hold our first virtual pro bono clinic, but since March 2020 we ics require more post-clinic follow-up on the part of organizers have held 10 Zoom clinics with several more scheduled this sum- than a live clinic. Signed representation letters, signature pages mer. With each clinic, we learned more Zoom skills and honed our for applications, and missing client documents will all need to be approach to volunteer training and virtual paperwork exchanges. gathered electronically post clinic. This often requires multiple And while we will definitely will go back to holding some in-per- follow-ups and some perseverance. son clinics, there are so many positive benefits to a virtual Zoom Despite these extra considerations though, the benefits of vir- clinic that, at least for us at Duane Morris, the virtual clinic is here tual clinics are many. Attorneys can be located anywhere, so for a to stay. firm like ours with 27 offices in the United States, participation in In a standard virtual clinic, volunteer attorneys are provided virtual clinics is a great way to stay connected to attorneys in other with training and client materials days before the clinic. At the offices and allows for attorney teams not possible in a live clinic. clinic, the first hour consists of attorneys meeting on Zoom or We often join forces with our clients’ in-house counsel team mem- another application for training. The trainer can share her screen bers for virtual clinics, pairing in-house attorneys with firm attor- and take them through a slide deck with logistics and substantive neys to assist clients during a clinic. The virtual environment has information. Clients are kept in the virtual waiting room until the made these corporate team projects much easier to plan, schedule, training is complete, and then lawyers are paired up with clients and manage. The intense pre-clinic preparation has also improved and sent to individual breakout rooms. Sorting everyone out into the timing and number of our case completion rate. their correct breakout room is the most stressful point of the clinic. Clients, too, can be located anywhere. This is especially true Once that is done, supervising attorneys pop in and out of the in clinics for federal benefits such as naturalization. Clients can breakout rooms to answer questions, check documents, and sup- participate from home, saving them precious time and money on port volunteers. Upon completion, documents are emailed back things like transportation and childcare. We have even had clients and forth, with the clinic organizers being ultimately responsible call in to clinics while at work. Connecting with clients in their to follow up with clients for remaining items and signatures. homes also alleviates the problem of necessary paperwork being For organizers and attorneys, patience and flexibility are key. left at home, which often happens in a live clinic. Meeting clients’ The technology divide is real. Working with clients with limited kids and pets and other family members is always an extra bonus tech knowledge and/or access can be frustrating and slows down for volunteers. the process. Technology and document application snafus can and Yet despite all these benefits, there is still no substitute for sit- do happen. PDFs don’t fill, don’t save, and get corrupted. Zoom ting down on a Saturday morning (paper coffee cups steaming, connections are dropped and unable to reconnect. Clients (and mouths full of donut) across the table from live clients, who are sometimes attorneys) don’t quite understand how Zoom works, so eager to improve their situation and share their life stories, know- you may be looking at their ceiling fan rather than their face. Hav- ing you are going to do some good that day. ing extra non attorney volunteers, especially at the start of a clinic, who can assist clients with their technology challenges is a must. Virtual clinics also require more robust pre-clinic client intake Valentine A. Brown is Duane Morris’ Pro Bono Partner. the philadelphia lawyer summer 2021 13 Remembering Doreen Davis: The Lessons of a Remarkable Journey By Daniel A. Cirucci Doreen Davis (far right), a nationally known labor and employment attorney who served as Chancellor of the Philadel- phia Bar Association in 2000, becoming the first working mother to hold the position, died on April 7. Here she is pic- tured with her daughter, Samantha Simmons, and mother, Naomi Davis, at the 1999 Bar Annual Meeting & Luncheon. oreen Davis approached every challenge she faced the sort of steadfast determination that left others in her wake. But with a determination to be consequential; to make a none of these are things that Doreen would necessarily call atten- meaningful difference. tion to, as she was not one to shout or cause a scene or storm the D It was just her way. She wasn’t about ceremony or barricades. titles or imagery. She was simply out to get things done. Instead, during her chancellorship she championed lowered This was never clearer than when she sat in my office prior to voices and old-fashioned professionalism, coaxing the state a critical Board of Governors meeting in 2000 and vowed to win a Supreme Court to adopt a formal Code of Civility applying to all contentious vote despite formidable odds. And that’s exactly what judges and lawyers in the Commonwealth. She wanted everyone happened. Doreen defied the hallowed tradition of the nation’s old- in the profession to treat each other and all participants in the judi- est bar association and convinced the Board to approve mail-in cial system with courtesy and respect. voting for bar elections. Prior to this, voting was in-person or by Former Chancellor Sayde Ladov, Doreen’s friend for 40 absentee ballot with due cause. years, remembers how Doreen handled a highly charged moment. Considering that 20 years later, the whole country is just begin- “Doreen and I were on opposite sides of permitting voting by mail ning to embrace mail-in voting, to call Doreen a “trailblazer” would at Bar elections,” Ladov explains. “To maintain our relationship, be an understatement. She had remarkable foresight, stamina, and we agreed not to discuss the issue. On the day that the Board of 14 the philadelphia lawyer summer 2021 Governors voted to allow voting by mail, A celebratory dinner welcoming her as she leaned over to me and said: ‘Thank Chancellor featured Doreen’s colleagues God that’s over, and we can talk again.’” roasting her in a no-holds-barred manner Doreen grew up in northeast Pennsylva- that would hardly pass muster in today’s nia’s coal mining region and, according to politically correct climate. Still, no one her husband, Robert Simmons, she “came laughed harder and longer than Doreen, from nothing” to the top of her profession whose appetite for the strategic riposte by tapping a “level of reserve” that allowed never wavered. her to “figure out how to get where she Doubtless, Doreen’s authenticity and wanted to go and keep moving forward.” refusal to take herself too seriously played next dinner party, celebration, or group By any standard, it was a remarkable well with her colleagues at Morgan, Lewis excursion. She loved to travel with Robert, journey. But Doreen neither fled from nor & Bockius where she practiced employ- their daughter Samantha and friends, and celebrated her hardscrabble background. ment law, representing an elite list of cli- made great memories on safari in Kenya, And though she could have conveniently ents. “Doreen was so full of life, people driving the countryside in Tuscany, or on forgotten people on her trip to the top, that would naturally gravitate to her,” remem- weekends in Longport. Her journey from simply was not Doreen’s way. bers Joe Ragaglia, who was mentored by Harveys Lake (population 1,268) to the “It is still rather amazing to me that my Doreen and counted her as a friend for 26 Chancellor’s office,” Devine adds, “taught first Bar Association friend would turn out years. Ragaglia says Doreen “mentored so her to respect everyone—and she lived that to be one of my dearest and closest friends many Penn State grads” and was “a pioneer lesson.” for life,” remembers former Chancellor and advocate for a legal profession that For my part, I fondly count my year Alan Feldman. “Doreen was exceptional: allowed for both working parents’ family helping Doreen craft her message among a trusted confidante, an astute adviser, a and client responsibilities.” the happiest and most productive of my delightful and interesting companion, and a In fact, as the first working mother to nearly 30 years at the Philadelphia Bar devoted and loyal friend. I treasure the time serve as Chancellor, Doreen opened the Association. As the year was drawing to a I spent with her and Robert over almost 40 door to what we’ve come to know as work/ close, Doreen invited my wife and I to her years, and I count myself as lucky indeed to life balance. But, characteristically, she did annual New Year’s Eve party at her home. I have been part of her world.” it not with confrontations and demands but was flattered to be included, but I explained Even after she joined the New York with practical suggestions and workable that we customarily rang in the new year office of Jones Day later in her career, solutions to everyday problems. “She was with a couple of treasured, lifelong friends. Doreen always considered herself a Phil- a straight shooter,” Ladov says. “Well, bring them along,” Doreen said, adelphia lawyer. “When others ask, ‘Why Doreen approached her medical prob- “you’ll have a great time.” join the Philadelphia Bar Association?’, lems the same way—with reasoned, forth- I did, and we did. That I point to people like Doreen Davis as right determination. One of her dearest was Doreen Davis! someone I would never have known but friends, former Chancellor Frank Devine, for my affiliation with the Bar Associa- says she valiantly waged a 20-year battle Dan Cirucci served as associate executive tion,” says former Chancellor Abe Reich. with cancer and refused to be vanquished director of the Philadelphia Bar Associa- “I feel blessed to have counted Doreen as a right up till the end—something that con- tion from 1978 till 2006. He blogs at dan- close friend. Even in her most challenging tinues to inspire him. cirucci.com. moments she was a beacon of hope and joy. Devine remembers a spirited friend with She put a smile on my face whenever I was a zest for living who “always made time for in her presence.” her family and friends. Doreen really knew Nobody enjoyed a good joke better that how to enjoy special occasions,” Devine Doreen, even when the joke was on her. explains. “She could not wait to plan the the philadelphia lawyer summer 2021 15 Annals of Justice: The Heyday of By Steve LaCheen Federal Parole Practice uring a period of about a dozen years, corresponding roughly to the 1980s, I represented several federal inmates at their parole hearings. The hearings, con- ducted by U.S. Parole Commission Hearing Examiners sitting in pairs, were D tape-recorded at the institutions where the inmates were serving their sentences. 16 the philadelphia lawyer summer 2021 To provide some background, inmates convicted of federal The first words addressed to counsel attending an inmate’s offenses committed before November 1, 1987, were sentenced to parole hearing were a warning that the lawyer was permitted to a specific term, and were generally eligible for parole at the one- attend the hearing on behalf of the inmate not as his Lawyer, but third mark. If denied parole, they “maxed out” of their sentences at as his Representative. There would be no retrial of the case, and no roughly the two-thirds point. The Parole Guidelines were advisory, legal argument. The Representative would be permitted to address not mandatory. It was the role of the Hearing Examiners to con- the panel for five minutes, after the Examiners had verified the file firm the information in the inmate’s file; to give him an opportunity data, including the offense conduct detailed in the inmate’s pre-sen- to “put a face on his case”; to enable them to judge his rehabilita- tence report, by which time the proceedings were for all intents and tive potential, and then make an individualized decision as to his purposes over and the recommendation a foregone conclusion. parole-worthiness. Considering such restraints, of what value was it for the inmate Strictly speaking, the Examiners did not grant or deny parole; to be represented by an attorney? The answer, simply put, was that they recommended a presumptive parole date, which was confirmed, such proscriptions propounded by non-lawyers were regarded by amended, or reversed at the Regional Office of the Commission by experienced criminal defense attorneys as a challenge to find a way a decision issued about 21 days later. That decision was appealable to present every possible mitigating factor warranting the exercise to the Regional Division and again to the National Board. Once the of sympathetic discretion, seemingly without attempting to relitigate administrative procedural appeal process was exhausted, an inmate the inmate’s case or saying anything that might be interpreted as a could take his case denial of guilt. How? to court by way of a By leveling the play- Petition for Writ of ing field. Habeas Corpus. The Early on, it became clear to me that the First and foremost, standard for such entire system was skewed along a fault line we initiated the prac- review, however, was “ tice of submitting a rigid; so, chances of memorandum to the relief from adverse that was not just beneath the surface, but Parole Commission in parole decisions were a crack in the foundation.” advance of the hear- almost non-existent. ing, which included That said, there the inmate’s version of was a fair chance of getting a reasonable recommendation from his offense, his clear acceptance of responsibility therefor, as well the Hearing Panel if an inmate had proper representation and was as our calculation of the applicable guidelines, and a presentation lucky enough to draw Examiners who were committed to doing the of mitigating factors and any documentation we thought would be job they were charged to do; that is, determine whether the particu- helpful. The information we planted in the file could not be ignored, lar inmate was an appropriate candidate for parole. Inmates not so and often forced the Hearing Examiners to entertain and consider lucky in the panel they drew were almost always denied an early the very forensics they devoutly desired to avoid. It also enabled parole date. the inmate to dodge the bullet of the double-barreled trick question Enter the Hearing Examiners. They were a “mixed bag,” to say – Do you admit the charges? Why did you do it? – because he could the least. Non-lawyers, they spanned the spectrum in intelligence, simply refer to the written material already submitted. knowledge, understanding of human nature, temperament, and, Another stratagem was to arrange for my case to be pushed back most of all, their perception of the nature of their charter. Some saw to late morning or the afternoon session. Although inmates with themselves as extensions of the executive function, some of the judi- attorney representatives were given list priority, I wanted to ensure cial, some of the police power, and some as human lie detectors. that the Examiners had already heard several cases, many of which Early on, it became clear to me that the entire system was skewed would have involved more serious offenses than committed by my along a fault line that was not just beneath the surface, but a crack white-collar clients; so, my case would automatically receive some in the foundation. intangible benefit on that basis. An inmate who proclaimed his innocence was simply denied I also always brought some document – most often a letter of parole or given a maximum release date; one who offered an excuse support from family or a prospective employer or some corrective for his offense was treated almost as harshly. And almost every eth- information – to submit to the panel immediately after they con- nic Italian inmate from within 90 miles of New York was consid- cluded their verifications, just at the point at which the panel’s inter- ered a “made” member or “wannabe” associate of Organized Crime, rogation was to begin. Sometimes it was just some fact that needed whether his file was stamped with the dreaded “O.C.” or not. If he to be brought to the attention of the panel; for example, a change in denied the alleged affiliation, he simply got no play from the Exam- the law, the disposition of a co-defendant’s parole hearing, evidence iners. And the “ground rules” for lawyer representatives were even that came to light after the inmate’s sentencing. Oft times, however, more limiting. once gaining the floor, our comments morphed into a forensic sum- the philadelphia lawyer summer 2021 17 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]. 18 the philadelphia lawyer summer 2021 The grounds upon which a sentenced inmate could do something “to advance the date of his scheduled release shifted from his potential to avoid recidivism to his value to law enforcement efforts as a conscript in the War on Crime.” mation, sometimes serious, sometimes comedic – sometimes simply lines. “to provide clarification” – whatever it took to keep the tape running. One reason for our level of success was that the Examiners Whatever the content, the purpose was to put our “pitch” on the were “on circuit.” They traveled from one federal prison to another, record – to have it become an integral part of the recording of the spending a day or two at each, often conducting as many as sev- proceedings – so when the tape was reviewed at the Regional Office, eral dozen hearings each day, generally starting with the inmates they couldn’t simply ignore our presentation, as they could if it had serving the most serious sentences (“behind the wall”), and ending been just “five minutes at the end.” Extending the hearing for as long up with the inmates serving less serious sentences (in the adjoining as possible became a tacit game; and I learned I had established my prison camp). There was a clear difference between the two classes credentials with the Examiners when I was asked on one occasion, of parole-seekers, which worked to the advantage of the “white-col- “Is this going to be a one-cassette or two-cassette hearing?” lar” offenders who made up most of my clientele, especially when Once the hearing was concluded, the inmate and his representa- we were able to arrange to have our hearing pushed back to a time tive were excused from the hearing room. The Examiners discussed later in the day’s schedule. the case for about five minutes, and then reconvened to announce the Another reason for our modest but noticeable success was the recommendation they would be making to the Regional Commis- very fact that lawyers acting as parole representatives grasped the sioner. Surprisingly, we often obtained the recommendation of an fact that the Hearing Examiners, none of whom were themselves earlier presumptive parole date than called for by the Parole Guide- lawyers, all knew (or thought they knew) the Law of Conspiracy – Register Today at philadelphiabar.org 2021 Summer Quarterly Suzanne Roberts Theatre, 480 S. Broad St., Philadelphia BE A PART OF IT A Community Building on a That Matters Legacy of Diversity, Equity and Inclusion July 28 • 4:30 p.m. FEATURING: • A panel discussion in honor of Judge A. Leon Higginbotham examining DEI from the view of the general counsel’s office at companies including Exelon, Fidelity National Financial and IKEA. • Presentation of the 2021 Justice Sonia Sotomayor Award to Brenda Marrero, executive director of The Public Interest Law Center • In-person cocktail reception and networking following the event • Join us in person or virtually – limited in-person tickets available. For more information and to register visit philadelphiabar.org. the philadelphia lawyer summer 2021 19 which they loved to wield like the mallet in a Whack-a-Mole game addition to the personal benefits to me, the clients very often received to silence any inmate’s attempt to paint himself a lighter shade than a much more favorable recommendation than they had anticipated, his more culpable co-defendants – and knew how to dodge that bul- especially those who grasped the core concept of the applicable let. Lawyers also had the advantage of having some acquaintance guiding principle; that is, that the Commission’s main goal was to with the Rules and Procedures Manual of the U.S. Parole Com- try to predict, and prevent, recidivism, which the Commission mea- mission, and the calculation of the guidelines, and avoided making sured on a scale on which the Offender Score was at least as import- time-wasting arguments that were not relevant to the parole deter- ant as the Offense Score. An inmate who grasped that truth did not mination. The lawyers’ knowledge of the playing field was seen, waste the Hearing Examiners’ time by protesting innocence. In fact, albeit grudgingly, by the hearing examiners as a factor which to the more encompassing the inmate’s acceptance of responsibility, some extent made up for the extra time dealing with a lawyer-repre- the more likely an earlier parole date. sentative involved. Representing federal inmates seeking parole was a great practice, Most important, however, the lawyers came to know not only the and I hoped it would continue ad infinitum. Unfortunately, as they playing field, but the players. As always do, the clock-hands turned, previously mentioned, the Hear- the winds of political rhetoric blew ing Examiners were a “mixed Parole representation was strong and hot, setting the stage for bag.” And since there were no changes pandering to politicians’ lust more than a dozen assigned to to a great extent, a game of to be perceived as Tough on Crime. the Northeast Region, we saw “chance.” So, it was with the Revenge of the them in varying combinations of God-Fearing against Those Soft on pairs, at the various institutions Crime, the judicial “goats” who were throughout the circuit, and quickly came to know their respective deemed responsible for revolving-door justice. Mandatory Sentenc- temperaments, their intelligence levels, emotional quotients and, ing Guidelines were established, and the “bath water” of Parole was generally speaking, what presentations they would and would not thrown out with the “baby” of the judiciary’s erstwhile free hand at respond to favorably. sentencing. That said, parole representation was to a great extent, a game of In 1984, Congress passed the Sentencing Reform Act, to become chance. The Commission would never disclose in advance which effective three years later, applicable to every federal offense com- Examiners would be presiding at hearings at a particular institution; mitted after November 1, 1987. The moving force behind the aboli- so, we only learned that when we showed up at the institution and tion of parole was somehow linked to the idea that judges had been were able to read on the sign-in sheet which Examiners were on too lenient, and the U.S. Sentencing Guidelines would require the board. The line-up for the hearings themselves were a crapshoot for judges to impose the same or similar sentence upon defendants con- several reasons. One of the two Examiners generally conducted the victed of the same or similar offense, while taking into consider- hearing while the other thumbed through the file; which did what ation extraordinary factors which would take a particular case out generally determined the tenor of the hearing. At the more crowded of the “heartland,” and allow for an individualized departure from institutions, there were generally two panels sitting, and an inmate’s the guidelines. hearing could end up before either, depending upon which panel More drastic, and far more important to the individual federal was available for the next case on the list. And, finally, the Examin- defendant, was the abolishment of parole in favor of determinate ers often changed partners after the lunch break. sentencing, which deprived the inmate of even the possibility of It was sometimes possible to avoid a particularly harsh panel by earning early release based upon rehabilitation, or a drastic change juggling your place in line; and on at least one occasion I convinced in circumstances, or an appropriate reduction to bring that inmate’s my client to postpone his hearing until the next list two months later punishment in line with sentences imposed by other judges in simi- when I learned that the Examiners sitting that day were the two most lar cases, or even by the same judge who may have imposed dispa- harsh, least sympathetic Examiners who I knew would give him a rate sentences upon co-defendants in the same case. The abolition two-year setback. of parole not only deprived an inmate of a “second look” but lon- One of the beneficial side effects of this niche practice was that ger-range reconsideration of his sentence as well. every good result was immediately broadcast to a captive audience, It was, unfortunately, a failed panacea. In the first five years or each one of whom was a potential client. A favorable outcome so, cases were subjected to a slavish adherence to the guidelines by would result in a half-dozen calls or contacts from inmates who many judges. The next five years saw many judges finding extraor- were scheduled for hearing two months hence; so there was ample dinary reasons to depart downward from the applicable guidelines in time to obtain and review the file, meet with the responsible family seemingly ordinary circumstances, while others resolutely stuck to members, and prepare a pre-hearing submission. the script. In short, it took 15 years before the U.S. Supreme Court It was, in retrospect, one of the most rewarding as well as one ruled that the Sentencing Guidelines were advisory not mandatory; of the most enjoyable aspects of my practice during that period. In and the pendulum swung back to a position closer to where it had 20 the philadelphia lawyer summer 2021 been before the “Law and Order” revolution. But the main self-correcting aspect of federal sentencing as it had existed before 1987 – the possibility of reconsideration by either the sentencing judge three or four months post-sentence, or the possibility of corrective adjustment by the Parole Commission several years later – was never resuscitated, and the only chance a defendant had of having his sentence reviewed and reconsidered exists in the possibility of an inmate having a limited basis to earn a post-sentence reduction based upon cooperative efforts deemed by the government in its sole discretion to have provided “significant assistance in the prosecution or investigation of another.” The grounds upon which a sentenced inmate could do something to advance the date of his scheduled release shifted from his poten- tial to avoid recidivism to his value to law enforcement efforts as a conscript in the War on Crime. But, over the next two decades, that protocol proved itself a failed experiment, counter-productive to the stated purpose of the federal sentencing statute, and the winds of change were beginning to blow. They are still howling, and the criminal justice system is once again a work in progress; but they haven’t gotten around to re-instituting Parole yet. That, of course, is an inviting subject for an editorial. Steve LaCheen ([email protected]), a partner with LaCheen, Wittels & Greenberg, is a member of the Editorial Board of The Philadelphia Lawyer. Take CLEs from anywhere – philadelphiabar.org EVEN THE BEACH LEARNING, RIGHT We’re offering dozens of programs in August that are designed to help you meet your RELEVANT PRICED 2021 CLE requirement in ways that enrich your practice. Need to get all of your credits in quickly? We can help you earn all 12 in as little as one week. THE BEST PART? Our live webcasts and video encores allow you to join in from anywhere. the philadelphia lawyer summer 2021 21 LawyersLAWYERS in the IN THEFamily: FAMILY: LESSONS Lessons Learned When a CareerLEARNED in Law is WHEN Passed A Down CAREERthrough GenerationsIN LAW IS PASSED DOWN THROUGH By MembersGENERATIONS of the Philadelphia Bar Association or these Philadelphia attorneys, law is the “family business.” FThe Philadelphia Lawyer recently talked with families in our community where both parents and children (and in some cases, grandchildren, spouses and other family members) are lawyers. Here is what they had to say about what inspired them to pursue careers in law, how having close relatives who are lawyers has impacted them as prac- titioners, and the other lessons learned—and insights— gained along the way. 22 the philadelphia lawyer summer 2021 The Ladovs Sometimes it’s a joy to be a family of lawyers . . . Sometimes having “lawyers in the family is a real pain.” Family Law and dynamics of legal advocacy early on. Din- has been for ner conversations resembled depositions. almost all 43 years My parents’ arguments featured openings of my career. and closings. However, my parents never pressured me to become a lawyer. Hillary Ladov (daughter of Sayde SL: I actually did not know I was raising and David Ladov): a lawyer. My daughter has a great ability I work at Goldberg WR OHDUQ DQG EHFRPH ÁXHQW LQ IRUHLJQ ODQ- Segalla LLP with a guages. She has a highly analytical mind. I focus in insurance had hoped I was raising an analyst for the coverage. I real- CIA or NSA. ized that I wanted to be a lawyer DL: During my daughter’s college years, my junior year while both her parents were lawyers, she of college while continued to tell us that she was not sure that studying abroad in she wanted to be a lawyer, but that more than Amsterdam. likely she was going to go into some kind of business situation. When it came time to SL: I decided to apply for law schools, in order to cover both go to law school areas, she indicated that she wanted to go to when I learned a school that provided a joint JD/MBA pro- I was too young gram. I believe that this was a good idea as it The Ladovs: (from left): David, Hillary, and Sayde. to take the test for encompassed both of her interests. Until she the foreign service. announced this plan, I did not think that she Sayde Ladov (mother of lawyer Hillary Knowing that I had to earn a living, my would be a lawyer. Ladov; wife to lawyer David Ladov): After mentor suggested I go to law school. practicing law for 40 years, I changed my SL: Sometimes it’s a joy to be a family of status from partner to of counsel at Dolchin DL: During my junior year of college at lawyers as we all speak the same language Slotkin & Todd. The predominant area of Penn State University, I thought the best and have shared many of the same struggles my practice is plaintiff’s personal injury lit- thing for me to do was to apply to law and joys associated with the practice. Some- igation. I was also privileged to help one schools and get what I thought would be a times having lawyers in the family is a real of my partners in defending medical negli- very good education. I still was not sure that pain. Everyone is always right and simple gence matters for a major hospital system. I was going to be a lawyer but was leaning things, like where to go to dinner or what that way. When I was in law school and movie to watch, become a negotiation. Hav- David Ladov (father of Hillary Ladov; started taking Family Law courses, that is ing a family of lawyers helped me to be a husband to Sayde Ladov): I work for Ober- when I knew that I would become a Family better listener and therefore a better lawyer. mayer Rebmann Maxwell & Hippel LLP Law lawyer. LQ WKHLU &RQVKRKRFNHQ RIÀFH , KDYH EHHQ DL: It certainly is easy for us to commu- here for approximately 8 years. Prior to that HL: Whether by accident or design, my nicate with one another as we have many time, I worked for Cozen O’Connor in their SDUHQWVEHJDQLQÁXHQFLQJPHWREHFRPHD shared experiences and shared friends and &RQVKRKRFNHQRIÀFHIRUDSSUR[LPDWHO\ lawyer from a young age. Growing up in acquaintances. It gives us as a family a very years. My area of practice is exclusively a family of lawyers, I was exposed to the easy starting point for any discussion and the philadelphia lawyer summer 2021 23 LWDOVRDOORZVXVWRVHHHDFKRWKHUVRFLDOO\ PRUHWKDQLIZHDOOZHUHQRWODZ\HUV:H DUHYHU\SURXGRIRXUGDXJKWHUEHFRPLQJD The Torregrossas ODZ\HUDQGKRZVKHKDVEHHQVRVXFFHVVIXO GXULQJKHUHDUO\\HDUV I’ve learned from my [family] to work hard, HL: 8QOLNHPDQ\\RXQJODZ\HUV,EHJDQ P\ODZFDUHHUZLWKDGHHSXQGHUVWDQGLQJ “ be organized, and be devoted to your work RI WKH EXVLQHVV RI SUDFWLFLQJ ODZ 7KLV KDV DLGHG P\ SURIHVVLRQDO GHYHORSPHQW while still being devoted to each other and LPPHQVHO\$OVRJURZLQJXSDURXQGODZ- \HUVDQGMXGJHVPDGHP\ÀUVWFRXUWDSSHDU- our families.” DQFHGHSRVLWLRQHWFPXFKOHVVLQWLPLGDW- LQJWKDQLWRWKHUZLVHZRXOGKDYHEHHQ SL:%HOLHYHLWRUQRWP\ODZ\HUGDXJKWHU KDV WDXJKW PH WKDW VRPH RI WKH ROG WHFK- QLTXHVWKDW,WDXJKWKHUDFWXDOO\GRZRUN 2QWKHRWKHUKDQGVRPHRIWKHZD\VWKDW VKHZRUNVDUHIDUPRUHVRSKLVWLFDWHGWKDQ ZKDW,GLG+LOODU\DOVRKDVDEHWWHUZRUN OLIH EDODQFH WKDQ , GLG , WKLQN LI , ZDV \RXQJHUDQGOHDUQHGWKHVHWKLQJV,ZRXOG KDYHEHHQOHVVVWUHVVHGDQGPRUHHIÀFLHQW ,KRSHLI,DPDODZ\HULQP\QH[WOLIH,FDQ SXWWKHVHOHVVRQVWRZRUN DL: :KDW , KDYH OHDUQHG IURP P\ FKLOG LVWRWDNHWKHRSSRUWXQLW\WRWDONWR\RXQJ ODZ\HUV RU ODZ VWXGHQWV DERXW EHFRPLQJ DODZ\HUPRUHWKDQ,HYHUZRXOGEHIRUH, REYLRXVO\ WKLQN DERXW KHU VLWXDWLRQ ZKHQ QHWZRUNLQJZLWKROGHUODZ\HUVDQGJHWWLQJ YDULRXV RSSRUWXQLWLHV , UHDOL]H WKDW RWKHU DWWRUQH\VKDYHEHHQQLFHWRKHUDORQJWKH ZD\ DQG , QRZ JR RXW RI P\ ZD\ WR WU\ WRGRWKHVDPHIRURWKHU\RXQJODZ\HUV, The multigenerational lawyer family Torregrossa (from left)—Joe, Brennan, also have learned that her road to becom- Maresa, and Ann Torregrossa LQJDODZ\HUDQGEHLQJVXFFHVVIXODVZHOO LVDORWKDUGHUWKDQLWZDVIRUP\JHQHUD- Joe Torregrossa (father of lawyers Bren- LQJWKH3HQQV\OYDQLD+HDOWK/DZ3URMHFW WLRQ,EHOLHYHWKDWVLQFHWKHUHDUHVRPDQ\ nan and Maresa Torregrossa; husband to :KHQP\ZLIH$QQZDVDUJXLQJDFDVH PRUH SHRSOH DVSLULQJ WR EH ODZ\HUV DQG lawyer Ann Torregrossa):,DPWKH&KLHI LQWKH6XSUHPH&RXUWRIWKH8QLWHG6WDWHV DUH\RXQJODZ\HUVWKHFRPSHWLWLRQLVMXVW &LUFXLW 0HGLDWRU IRU WKH 8QLWHG 6WDWHV DQGZDVSUHJQDQWZLWKP\VRQBrennan, so much greater and the opportunities are &RXUW RI $SSHDOV IRU WKH 7KLUG &LUFXLW ³ ZKR FXUUHQWO\ LV DQ LQKRXVH FRXQVHO IHZHU mediating civil cases appealed to the ZLWK*OD[R6PLWK.OLQHDQGZDVIRUPHUO\ FRXUW DOLWLJDWLRQSDUWQHUZLWK'HFKHUW3ULFH HL: It is a privilege to practice law, and *URZLQJXSP\IDWKHUKDGWZRIULHQGV 5KRGHV³,VDLGWRP\VHOIDWWKHDUJXPHQW ZLWKWKLVSULYLOHJHFRPHVWKHUHVSRQVLELOLW\ ZKRZHUHODZ\HUVDQG,ZRXOGYLVLWWKHLU WKDWP\VRRQWREHERUQFKLOGKDGDOUHDG\ WRVHUYHWKHFRPPXQLW\ RIÀFHVZLWKKLP6HHLQJWKHPDQGREVHUY- DSSHDUHG EHIRUH WKH 6XSUHPH &RXUW DQG LQJZKDWWKH\GLGVSDUNHGP\LQWHUHVWLQ VKRXOGJURZXSWREHDODZ\HU$IWHUWKH WKHODZ Supreme Court argument when our son 0\ZLIHAnn, has had a long career ZDV ERUQ ZH QDPHG KLP DIWHU -XVWLFH RISUDFWLFLQJSXEOLFLQWHUHVWODZLQFOXGLQJ %UHQQDQ7KH -XVWLFH ODWHU OHDUQHG DERXW DW&RPPXQLW\/HJDO6HUYLFHVDQGIRXQG- WKLVDQGLQYLWHGRXUIDPLO\WRYLVLWKLPDW 24 the philadelphia lawyer summer 2021 WKH&RXUW :LWKUHVSHFWWRP\GDXJKWHUMaresa, ZKRZDVDOLWLJDWRUDW'ULQNHU%LGGOH 5HDWKDQGEXWQRORQJHUSUDFWLFHVLQIDYRU RIWHQGLQJWRDJURZLQJIDPLO\RIWKUHHLW ZDVRQO\ZKHQVKHDQQRXQFHGRXWRIWKH blue that she wanted to go to law school WKDW,NQHZ,ZDVUDLVLQJDQRWKHUODZ\HU 3UHYLRXVO\VKHKDGIUHTXHQWO\WROGXVWKDW DWQRWLPHZRXOGVKHEHFRPHDODZ\HU ,W·VJUHDWWREHSDUWRIDIDPLO\RIODZ- \HUV :H VSHDN WKH VDPH ODQJXDJH FDQ VKDUHDQGDSSUHFLDWHHDFKRWKHU·VVWRULHV DQGERXQFHLGHDVRIIHDFKRWKHU)URPP\ ZLIH,·YHOHDUQHGFRPSDVVLRQIRURWKHUV DQGWRGHYRWHVRPHRIP\SUDFWLFHEHIRUH , EHFDPH FKLHI FLUFXLW PHGLDWRU WR SUR ERQR ZRUN ,·YH OHDUQHG IURP P\ ZLIH VRQGDXJKWHUDQGVRQLQODZ³ZKRP\ daughter met at Villanova law school ZKHUHP\ZLIHDQG,DOVRPHW³WRZRUN KDUGEHRUJDQL]HGDQGEHGHYRWHGWR\RXU Brennan Torregrossa with his namesake Justice Brennan at the Supreme ZRUN ZKLOH VWLOO EHLQJ GHYRWHG WR HDFK Court. RWKHUDQGRXUIDPLOLHV The Langsams Education was always the primary priority in our family̶nothing was “forced, and everything was encouraged.” Saul Langsam (father of lawyer David Langsam):,ZRUNDW0\3KLOO\/DZ\HURI 6LOYHUV /DQJVDP :HLW]PDQ 3&)RU \HDUV , UHSUHVHQWHG FOLHQWV LQ PRWRU YHKLFOHDFFLGHQWV,KDYHEHHQUHSUHVHQW- ing clients in estate and real estate matters IRUWKHSDVWVHYHQ\HDUV David Langsam (son of lawyer Saul Langsam): I am a partner at Saltz, Mon- JHOX]]L %HQGHVN\3&VSHFLDOL]LQJLQ SODLQWLII·VSHUVRQDOLQMXU\OLWLJDWLRQ SL: I realized that I wanted to be a law- \HU XSRQ JUDGXDWLRQ IURP &HQWUDO +LJK 6FKRRO DQG EHJLQQLQJ IUHVKPDQ \HDU DW 7HPSOH 8QLYHUVLW\ , VWDUWHG WDNLQJ SUH (From left) Saul, David, and Spencer Langsam in Saul’s pandemic-ready ODZDQGEXVLQHVVFRXUVHV KRPHRĴFH the philadelphia lawyer summer 2021 25 DL:,ZDQWWRVD\WKDWP\GHFLVLRQWRSUDF- ZLWKWKHRSSRUWXQLW\WRVHHP\GDGDWZRUN SURIHVVLRQDO OLYHV:KLOH P\ GDG EHLQJ D tice law was preordained given that I am helping to give people a voice and access ODZ\HUGRHVQ·WSHUVHLPSDFWP\SUDFWLFH WKH\RXQJHVWRIWKUHHER\VDQGQHLWKHURI WR WKH MXVWLFH V\VWHP WKDW WKH\ RWKHUZLVH KHGRHVVSHDNWKHODQJXDJHVRWKHUHLVQ·WD P\ROGHUEURWKHUVZRXQGXSIROORZLQJRXU ZRXOGQ·WKDYHKDG$VDFKLOGRI+RORFDXVW need to translate legalese to have a mean- GDG·VIRRWVWHSVLQODZVFKRRO,QUHDOLW\, VXUYLYRUVP\GDGH[HPSOLÀHGWKHZLOOWR LQJIXO FRQYHUVDWLRQ DERXW VRPHWKLQJ WKDW DOZD\VHQMR\HGWKHRSSRUWXQLW\WRSUREOHP KHOS RWKHUV DQG WR VSHDN XS IRU WKRVH LQ KHRU,HQFRXQWHUDORQJWKHZD\,GRYHU\ VROYHDQGDVNTXHVWLRQVWRXQFRYHUWUXWKV QHHGEHFDXVHKLVSDUHQWVGLGQRWKDYHDQ\ PXFKYDOXHWKRXJKWKHRSSRUWXQLW\WRVHH DQGWROHDUQDERXWWKHZD\WKLQJVZRUN, VXFK DGYRFDWHV :H DUH WKH OHJDF\ DQG KLVQDPHRQP\ODZOLFHQVHVWKDWKDQJRQ IRQGO\ UHPHPEHU JURZLQJ XS DQG FRYHU- ZKDWEHWWHUZD\WRKRQRURXUIDPLO\·VZLOO P\ZDOODVWKHODZ\HUZKRPRYHGPHLQ LQJ UHFHSWLRQ DW P\ GDG·V RIÀFH RQ GD\V DQGDELOLW\WRVXUYLYHWKDQE\SD\LQJLWIRU- DQGDIIRUGHGPHWKHRSSRUWXQLW\WRSXUVXH ZKHQ WKH\ QHHGHG FRYHUDJH DQG , GLGQ·W ZDUGDQGKHOSLQJRWKHUV WKLVFDUHHU KDYHVFKRRO7KDWHDUO\H[SRVXUHFHUWDLQO\ , WKLQN WKDW WKHUH DUH WZR FULWLFDOO\ helped orient me in the direction that I ulti- SL:,KDYHEHHQYHU\SURXGRI'DYLG·VPDQ\ LPSRUWDQWOHVVRQVWKDWERWKRIP\SDUHQWV PDWHO\ WUDYHOHG /DWHU ZRUNLQJ DV D ODZ DFFRPSOLVKPHQWV+LVÀUVWPDMRUMXU\WULDO KDYHWDXJKWPH EH\RQGHYHU\WKLQJHOVH FOHUN LQ KLV RIÀFH GXULQJ P\ VXPPHUV LQ UHVXOWHG LQ DQ PLOOLRQ MXU\ DZDUG IDPLO\FRPHVÀUVW DQG EHQLFHVPLOH FROOHJHFHPHQWHGP\GHFLVLRQ :KLOHZRUNLQJWRZDUGVKLVPDVWHU·VLQWULDO DQGDOZD\VWU\WRÀQGWKHJRRGLQZKDWHYHU DGYRFDF\ DW7HPSOH8QLYHUVLW\ 6FKRRO RI \RXHQFRXQWHU SL: $IWHU KH WXUQHG , WRRN QRWLFH RI Law, he completed the program with hon- 'DYLG·V H[WHQVLYH YRFDEXODU\ DQG KXQJHU RUV +H WKHQ EHFDPH RQH RI WKH \RXQJHVW SL:$VODZ\HUVZHPDNHDFRPPLWPHQWWR WR UHDG +LV DQDO\VLV RI SUREOHP VROYLQJ SDUWQHUVLQWKH0RQJHOX]]LODZÀUP,DP KHOSRXUFOLHQWV2XUFOLHQWVFRPHIURPDOO ZHQWEH\RQGKLV\HDUV QRZNQRZQLQWKH3KLODGHOSKLDOHJDOFRP- ZDONVRIOLIH:KHWKHUWKHFOLHQWVXIIHUVD PXQLW\DVWKH´IDWKHURI'DYLG/DQJVDPµ FDWDVWURSKLFLQMXU\RUVRPHWKLQJOHVVWKH\ DL:(GXFDWLRQZDVDOZD\VWKHSULPDU\SUL- are entitled to the best representation we RULW\ LQ RXU IDPLO\³QRWKLQJ ZDV IRUFHG DL: , FRQVLGHU ERWK RI P\ SDUHQWV JUHDW FDQSURYLGH DQGHYHU\WKLQJZDVHQFRXUDJHG,JUHZXS IULHQGV IURP ZKRP , VHHN QHDUO\ GDLO\ DGYLFHWKDWDSSOLHVWRERWKP\SHUVRQDODQG The Iheukwumeres “We have to be the change that we wish to see in both our profession and society at large, bearing in mind that, as lawyers, we are role models̶whether we like it or not.” Jane and Emmanuel Iheukwumere, when Jane was in law school. 26 the philadelphia lawyer summer 2021 Emmanuel O. Iheukwumere (father of lawyer Jane C. Iheukwumere) , ZRUN DW (PPDQXHO/DZ)LUP//&ZKHUHP\DUHD RI SUDFWLFH LV SODLQWLII·V SHUVRQDO LQMXU\ OLWLJDWLRQZLWKDVSHFLDOIRFXVRQPHGLFDO PDOSUDFWLFH DQG RWKHU FDWDVWURSKLF LQMXU\ PDWWHUV Jane C. Iheukwumere (daughter of Emman- uel O. Iheukwumere) ,ZRUNDW(PPDQXHO /DZ )LUP //& LQ &HQWHU &LW\ 3KLODGHO- SKLD 0\ DUHD RI SUDFWLFH LV SODLQWLII·V SHUVRQDO LQMXU\ OLWLJDWLRQ ZKLFK LQFOXGHV PRVWO\PHGLFDOPDOSUDFWLFHFDVHV EI: 0\ FRQVLGHUDWLRQ RI ODZ VFKRRO KDS- SHQHG DERXW RQH \HDU DIWHU VXIIHULQJ WKH GLVDSSRLQWPHQW RI PLVVLQJ D *5( WHVW , KDGSDLGDQGSUHSDUHGIRUZKHQP\ROGDQG ÀUVWFDUEURNHGRZQRQWKHPRUQLQJRIWKH H[DP0\URRPPDWHUHIXVHGWROHQGPHKLV Emmanuel during law school with Jane (on the left) and her two siblings, her FDUIRUWKHWZRKRXUGULYHWRWKHH[DPFHQ- twin brother Emmanuel, Jr. (far right), and the youngest, Tyron. All three were WHU$OWKRXJKP\RULJLQDOFDUHHUJRDOZDV born while Emmanuel was in law school, prompting him, among other factors, WR EHFRPH DQ HFRQRPLFV SURIHVVRU DIWHU to take a two-year leave of absence from law school before returning and PLVVLQJ WKH *5( H[DP , ZDV XQZLOOLQJ graduating in 1995. WR UHJLVWHU IRU LW DJDLQ , UHDOL]HG WKURXJK UHVHDUFKDQGWDONLQJWRP\IULHQGZKRZDV GHFLVLRQWRFRQVLGHUODZVFKRRO6RDIWHU LQODZVFKRROWKDWWKHUHZDVDFKDQFHRI WDONLQJ ZLWK P\ IDWKHU DERXW WKDW SUHVHQ- JI:7RZDUGVWKHHQGRIP\XQGHUJUDGXDWH gaining admission to law school based on WDWLRQ DQG GRLQJ IXUWKHU UHVHDUFK LQWR WKH college education, I started discussing the P\*3$ZKLFKKDGPHRQFRXUVHWRJUDG- UHTXLUHPHQWV IRU ODZ VFKRRO DGPLVVLRQ SRVVLELOLW\RIJRLQJWRODZVFKRROZLWKP\ XDWLRQZLWKVXPPDFXPODXGH , UHJLVWHUHG IRU WKH /6$7 DQG ODWHU JRW IDWKHU,DVNHGKLPZKDWZRXOGEHUHTXLUHG $GGLWLRQDOO\,ZDVHQFRXUDJHGE\FRP- DGPLWWHGWR5XWJHUV/DZ6FKRRO RI PH DQG UHDOLVWLFDOO\ KRZ GLIÀFXOW ODZ PHQWVPDGHPRUHWKDQDGHFDGHHDUOLHUE\ VFKRRO ZRXOG EH +H OHW PH NQRZ WKDW RQHRIP\XQFOHVZKHQ,ZDVDWHHQDJHULQ EI:,UHDOL]HG,ZDVUDLVLQJDODZ\HUZKHQ ZKLOHODZ VFKRRODGPLVVLRQZDVGLIÀFXOW 1LJHULD+HVDLGWKDW,KDGWKHSRWHQWLDOWR LQ KHU WKLUG \HDU RI FROOHJH -DQH EHJDQ P\ *3$ FRPPXQLW\ VHUYLFH DQG RWKHU RQHGD\EHFRPHDODZ\HUHYHQWKRXJKWKDW H[SUHVVLQJLQWHUHVWLQDWWHQGLQJODZVFKRRO leadership roles in our local church raised XQFOHKDGQRIRUPDOHGXFDWLRQEH\RQGWKH It was a pleasant surprise since she had, WKHVWURQJSRVVLELOLW\RIJHWWLQJDGPLWWHGWR WKJUDGH,DSSOLHGWRDERXWKDOIDGR]HQ VLQFH HOHPHQWDU\ VFKRRO WDONHG DERXW ODZVFKRRO7KHUHDIWHU,GHFLGHGWRWDNHWKH ODZ VFKRROV ZKHQ 7HPSOH RIIHUHG PH EHLQJ D GHQWLVW 6KH DOVR EHFDPH PRUH /6$7ZKLOHFRQWLQXLQJWRSXVKP\VHOIWR DGPLVVLRQLQ receptive to encouragements to embrace H[FHOLQFROOHJH SXEOLF VSHDNLQJ DQG WR WDNH OHDGHUVKLS JI:,UHDOL]HGWKDW,ZDQWHGWREHDODZ\HU UROHVLQRXUORFDOFKXUFK6KHGLGWKDWE\ EI: ,W LV ERWK FKDOOHQJLQJ DQG H[FLWLQJ WR WRZDUGVWKHHQGRIP\XQGHUJUDGXDWHHGX- among other steps, showing more interest SUDFWLFH ZLWK P\ GDXJKWHU :H ÀQG RXU- FDWLRQ0\PDMRUZDV(QJOLVKZLWKDPLQRU LQIRUFHIXOO\DUJXLQJKHUSRVLWLRQVZKHQ, selves discussing case issues and legal doc- LQ VRFLRORJ\ ZLWK WKH JRDO RI WHDFKLQJ DVVLJQHGKHUDQGKHUVLEOLQJVWKHWDVNVRI WULQHVPXOWLSOHWLPHVLQDGD\7KHH[SHUL- (QJOLVK LQ WKH IXWXUH 'XULQJ WKLV WLPH , PDNLQJ RUDO SUHVHQWDWLRQV LQ RXU IDPLO\ HQFHKDVIRUFHGPHWRQRWRQO\VHHKHUDV DWWHQGHGWKH*HQHUDO$VVHPEO\RIWKH3UHV- URRPRQFKRVHQWRSLFVRILQWHUHVWDQGE\ P\ FKLOG EXW DOVR DV P\ FROOHDJXH DQG E\WHULDQ&KXUFKDVWKH the philadelphia lawyer summer 2021 27 JI: %HLQJ SDUW RI D IDPLO\ RI ODZ\HUV LPSDFWVP\SUDFWLFHE\IRUFLQJPHWREH The Grunfelds H[WUDYLJLODQWZLWKOHJDODQDO\VLVDQGPRUH FDXWLRXV ZLWK PDNLQJ DVVXPSWLRQV DERXW ZKDW OHJDO GRFWULQHV PD\ EH DSSOLFDEOH How does a lawyer-parent determine whether %HLQJ UDLVHG E\ D ODZ\HU VRPHWLPHV , PDNH DVVXPSWLRQV DERXW KRZ WKH ODZ “ a child should consider law as a career? I operates, or how medical malpractice in general operates, or how it used to oper- think the parent should encourage it, but not DWH ,·YH OHDUQHG WR GRXEOH FKHFN DQG VRPHWLPHV WULSOH FKHFN HYHQ WKH EDVLFV push too hard̶if the child has many of the EHFDXVH , ZDQW WR PDNH VXUH ,·P XS WR GDWH DQG DFFXUDWH DQG QRW MXVW JRLQJ RII characteristics which are helpful to a lawyer.” P\SUHFRQFHLYHGQRWLRQV EI: I have learned to place more stress on WHQDQGRUDOPDWHULDODGYRFDF\DELOLW\DQG WKHUROH RI IRUFHIXOEXW UHVSHFWIXODGYR- SHUKDSVDÁDLUIRUFRQQHFWLQJZLWKSHRSOH FDF\LQFKDQJLQJWKHWUDMHFWRU\RIODZDQG Brains and the desire to earn a good living VRFLHW\ IRU DFKLHYLQJ D PHDQLQJIXO PHD- DORQHPD\QRWGRLW VXUH RI MXVWLFH IRU YLFWLPV RI QHJOLJHQW 2QH RI P\ VRQV GLVSOD\HG PDQ\ RI PHGLFDOFDUH,KDYHDOVROHDUQWWRHPSKD- WKHVHFKDUDFWHULVWLFVHDUO\RQDQG,NQHZ size more that sometimes, we have to be KHZDVKHDGHGWRODZVFKRRO+RZGRHVKH the change that we wish to see in both our UHPHPEHULW" SURIHVVLRQDQGVRFLHW\DWODUJHEHDULQJLQ PLQG WKDW DV ODZ\HUV ZH DUH UROH PRG- HOV³ZKHWKHUZHOLNHLWRUQRW,QDGGLWLRQ with more substantive and in-depth dis- FXVVLRQVWKDQEHIRUHSUDFWLFLQJWRJHWKHU, have learned that I have more in common David Grunfeld (father of lawyer Ken- ZLWKP\GDXJKWHURQFHUWDLQVXEMHFWVDQG neth Grunfeld)::KDWGRHVDODZ\HUSDUHQW WRSLFV,SUHYLRXVO\DVVXPHGZHZHUHIDU GRWROHWDFKLOGNQRZZKDWWKHODZ\HUGRHV DSDUW RQDGDLO\EDVLV"'RHVWKHODZ\HUWHOOZKDW LWLVOLNHWREHLQFRXUWRUZKDWLWLVOLNHWR JI:7KHPRVWYDOXDEOHOHVVRQ,·YHOHDUQHG QHJRWLDWHDQDJUHHPHQWRUFRQWUDFW"2UMXVW IURP P\ IDWKHU DERXW EHLQJ D ODZ\HU LV VD\´,KHOSSHRSOH"µ that it is important to be both disciplined , GLG QRW GR WKDW , UHFDOO DQVZHULQJ DQG FRPSDVVLRQDWH 2YHU WKH \HDUV ,·YH WKRVHTXHVWLRQVPRUHDEVWUDFWO\E\IRFXV- REVHUYHG KRZ GHGLFDWHG P\ IDWKHU KDV LQJ RQ WZR DSSURDFKHV 7KH ÀUVW ZDV WR EHHQ WR KLV FOLHQWV DQG WR WKH SXUVXLW RI VXJJHVW VWURQJO\ WKDW WKHUH DUH DOZD\V Kenneth Grunfeld (son of lawyer David MXVWLFH 3DUW RI WKDW GHGLFDWLRQ LQYROYHV DW OHDVW WZR VLGHV WR HYHU\ LVVXH DQG WKH Grunfeld; father of Nate Grunfeld): I do - VKRZLQJFRPSDVVLRQDQGHPSDWK\WRYLF LQTXLUHU VKRXOG ORJLFDOO\ DWWHPSW WR HYDO- QRWUHFDOOP\IDWKHUHLWKHUHQFRXUDJLQJRU WLPV RI PHGLFDO PDOSUDFWLFH DQG WR WKHLU XDWH DOO RI WKHP 7KH VHFRQG LV WR ZRUN GLVFRXUDJLQJPHIURPEHFRPLQJDODZ\HU IDPLOLHV ZKR DUH XVXDOO\ JRLQJ WKURXJK WRZDUGUHVROXWLRQRIHYHU\FRQÁLFWDPLFD- I do recall him telling me that being YHU\ GLIÀFXOW WUDQVLWLRQV LQ WKHLU OLYHV EO\DQGWRFRQVLGHUFRPSURPLVLQJWRZDUG D ODZ\HU ZDV GLIÀFXOW ZRUN DQG XVXDOO\ &RQVHTXHQWO\ LW·V LPSRUWDQW DV D ODZ\HU DVHWWOHPHQW DWKDQNOHVVMRE+HWROGPHWKDWLWZDVD - WRXQGHUVWDQGWKDWJULHILVGLIÀFXOWWRQDYL +RZ GRHV D ODZ\HUSDUHQW GHWHUPLQH ODZ\HU·V MRE WR DSSURDFK SUREOHPV ORJL- JDWH DVVXFKLWLVLPSRUWDQWWREHDVWURQJ whether a child should consider law as a FDOO\ DQG ZLWKRXW HPRWLRQ +H DOVR WROG - DGYRFDWHZKRLVGHGLFDWHGWRGRLQJHYHU\ FDUHHU" , WKLQN WKH SDUHQW VKRXOG HQFRXU- PHWKDW´/$/DZ´DQLQFUHGLEO\SRSXODU thing needed in order to obtain a measure DJH LW EXW QRW SXVK WRR KDUG LI WKH FKLOG 79VKRZDWWKHWLPHZDVQRWUHDOLW\%XW, RIMXVWLFHIRUHDFKFOLHQW KDVPDQ\RIWKHFKDUDFWHULVWLFVZKLFKDUH ZDVVWXEERUQDQGGHWHUPLQHGWRÀJXUHRXW KHOSIXOWRDODZ\HU³RUJDQL]DWLRQDOVNLOOV IRUP\VHOIZKHWKHUWKHSUDFWLFHRIODZZDV DJRRGPHPRU\DQDELOLW\WRDEVRUEZULW- ULJKWIRUPH:KHQLWFDPHWLPHWRDSSO\WR 28 the philadelphia lawyer summer 2021 ODZVFKRROP\IDWKHUVXSSRUWHGWKHGHFL- VLRQXQHTXLYRFDOO\ $VIRUP\RZQVRQ,WKLQNLWLVVDIHWR The Lawns VD\,GRQRWSURPRWHWKHLGHDRIEHFRPLQJ DSUDFWLFLQJODZ\HU:KLOH,WKLQNWKHHGX- FDWLRQLVDJUHDWZD\WRWHDFKSHRSOHKRZ Always be respectful, you never have a to learn, and the practice can be rewarding DWWLPHVWKHUHDUHHDVLHUDQGOHVVVWUHVVIXO “ second chance to make a first impression, ZD\VWRPDNHDJRRGOLYLQJ7KHUHLVQR GRXEWLQP\PLQGWKDWKHKDVZKDWLWWDNHV and there is no substitute for hard work.” WREHDQH[FHOOHQWODZ\HU:KHWKHUWKDWLV the path he chooses, we will have to wait DQGVHH Timothy Lawn (father of lawyer Daniel Lawn): I ZRUN DW 5D\QHV /DZQ +HKPH\HU ZKHUHP\DUHDRI practice is plain- WLII·V SHUVRQDO ,QMXU\ , UHDOL]HG that I wanted to EHDODZ\HULQWKH WK RU WK JUDGH 0\ IDWKHU ZDV D QRQODZ\HU ZKR Nate Grunfeld (son of lawyer Kenneth taught college Grunfeld):,WKLQNP\IDWKHUGRHVQRWZDQW political science PHWREHDODZ\HU+HIUHTXHQWO\GHVFULEHV and constitutional KRZEHLQJDODZ\HULVH[WUHPHO\VWUHVVIXO ODZ FODVVHV , DQG WKDW WKH MRE UHTXLUHV D WUHPHQGRXV would read and HIIRUW discuss with him ,FDQKDUGO\UHPHPEHUDQ\WLPHVP\ the cases he was IDWKHU KDV HYHU WDONHG DERXW KLV ZRUN LI teaching and was , GRQ·W ÀUVW LQLWLDWH D FRQYHUVDWLRQ +H KRRNHG ZDV DOUHDG\ ZULWLQJ EHWWHU DQG PRUH SHU- FRPHVKRPHHYHU\GD\DQGQRWRQFHPHQ- VXDVLYHO\WKDQ,7KDW·VWKHÀUVWWLPH,GLV- WLRQVKRZKLVMREZHQW(YHQZKHQ,SUHV- Daniel Lawn (son of lawyer Timothy FXVVHGZLWKKLPWKDWKHVKRXOGUHDOO\WKLQN VXUHKLPLQWRWDONLQJDERXWKLVZRUNKH Lawn):,ZRUNDW6FKQDGHU+DUULVRQ6HJDO DERXWEHFRPLQJDODZ\HU PRVWO\VD\VKLVGD\ZDVÀQHDQGHQGVZLWK /HZLV //3LQ SHUVRQDO OLWLJDWLRQ , DGYLVLQJPHQRWWREHFRPHDODZ\HU+H GRQ·W WKLQN WKHUH ZDV D VSHFLÀF PRPHQW DL:,ZDVQHYHUSUHVVXUHGE\P\SDUHQWV FRXOGKDYHDFRPSOHWHO\GLIIHUHQWMREDQG or sudden realization that made me want WR EHFRPH D ODZ\HU 7KHUH ZHUH D IHZ ,ZRXOGQHYHUNQRZLW+RZHYHU,UDUHO\ WREHFRPHDODZ\HU,VWDUWHGWRVHULRXVO\ instances growing up where I was able to VHHWKHQHJDWLYHHIIHFWVWKHSURIHVVLRQKDV FRQVLGHUODZVFKRRODURXQGP\VRSKRPRUH VHHP\GDGLQWHUDFWZLWKKLVFOLHQWV7KHLU RQKLP:KHQKHVHHVPHDIWHUZRUNKH \HDURIFROOHJH JHQXLQHDSSUHFLDWLRQIRUKLVKHOSDQGDGYR- QHYHUVHHPVVWUHVVHGRUWLUHGMXVWKDSS\ FDF\LQVSLUHGPH+LVDELOLW\WRLPSDFWOLYHV WREHKRPH TL 'DQ DOZD\V KDG VXFK D VWURQJ PRUDO IRUWKHEHWWHUOHGPHWREHFRPHDODZ\HU , MXVW ÀQLVKHG WK JUDGH DQG , GRQ·W FRPSDVVDQGVHQVHRIULJKWDQGZURQJVR, :KHQ , PHW RWKHU DWWRUQH\V WKDW P\ GDG NQRZZKDW,ZDQWWRGRZKHQ,JURZXS RIWHQWKRXJKW´KH·GPDNHDJRRGODZ\HUµ ZRUNHGZLWKRUDJDLQVWWKH\DOOVWUXFNPH 0D\EH,ZLOOEHFRPHDODZ\HUPD\EH, EXW,QHYHUVDLGWKDWWRKLP:KHQKHZDV as intelligent and talented individuals who ZRQ·W7KLQNLQJDERXWLWLVQHLWKHUDSSHDO- LQWKJUDGHKHKDGDSDJHZULWLQJ ZHUH JRRG SHRSOH 7KHUHIRUH , DGPLUHG LQJQRUIULJKWHQLQJWRPH2QO\WLPHZLOO DVVLJQPHQWWKDWKHDVNHGPHWRSURRIUHDG WKHSURIHVVLRQDQGQHYHUEHOLHYHGWKHVWH- WHOO ,UHDGLWDQGKDG]HURHGLWV,VDZWKDWKH UHRW\SHVDERXWODZ\HUV:KHQ,XOWLPDWHO\ the philadelphia lawyer summer 2021 29 GHFLGHG WR JR WR ODZ VFKRRO P\ SDUHQWV DWWRUQH\V LQ 3KLODGHOSKLD VRPHWLPHV OHDG ZHUHH[WUHPHO\VXSSRUWLYHDQGHQFRXUDJ- WRYDOXDEOHEXVLQHVVRULJLQDWLRQ LQJ TL: ,·YH OHDUQHG D WUHPHQGRXV DPRXQW TL:2XUVZDVWKHRSSRVLWHRID´IDPLO\RI IURPP\ZLIHDQGDOORXUFKLOGUHQWKDWKDV ODZ\HUVµXQWLO'DQMRLQHGWKHUDQNVWKUHH KHOSHG PH EHFRPH D EHWWHU ODZ\HU HVSH- \HDUVDJR,KDYHDODUJHH[WHQGHGIDPLO\ FLDOO\LQWKHFRXUWURRPDQGLQFRPPXQLFDW- 0\ GDG ZDV RQH RI VHYHQ DQG P\ PRP LQJ ZLWK ZLWQHVVHV DQG MXURUV 'DQ EHLQJ RQHRIHLJKW,KDYHÀYHVLEOLQJVDQGDERXW D ODZ\HU KDV KHOSHG PH DSSUHFLDWH KRZ ÀUVW FRXVLQV , ZDV WKH ÀUVW DQG RQO\ \RXQJHUODZ\HUVWKLQNDQGSUREOHPVROYH ODZ\HUXQWLO'DQMRLQHGWKHUDQNV6RWKH , ORYH SLFNLQJ KLV EUDLQ RQ LVVXHV LQ P\ QLFHVWWKLQJDERXWQRZEHLQJD´IDPLO\RI cases—and I am a dinosaur when it comes ODZ\HUVµ LV KDYLQJ VRPHRQH WR VKDUH WKH WR XVLQJ WHFKQRORJ\ VR , WXUQ WR KLP IRU PXOWLWXGH RI OHJDO TXHVWLRQV WKDW DULVH LQ KHOSIURPWLPHWRWLPHZLWK3RZHU3RLQWV ELJIDPLOLHV HWF Daniel Lawn after being sworn into the Federal District Court for the DL: Having a dad who has been an attor- DL: , WKLQN WKH VDPH OHVVRQV P\ SDUHQWV Eastern District of Pennsylvania by QH\IRU\HDUVLQ3KLODGHOSKLDKDVEHHQ DOZD\V SUHDFKHG JURZLQJ XS DUH MXVW DV the Hon. Gerald A. McHugh—a KHOSIXOIRUP\SUDFWLFH,QDGGLWLRQWRWKH DSSOLFDEOH WR EHLQJ D ODZ\HU $OZD\V EH friend and former longtime partner of SUDFWLFDODGYLFHDERXWEHLQJDODZ\HUWKDW UHVSHFWIXO\RXQHYHUKDYHDVHFRQGFKDQFH Timothy Lawn. , UHFHLYH IURP KLP GDLO\³VROLFLWHG RU WRPDNHDÀUVWLPSUHVVLRQDQGWKHUHLVQR unsolicited—his connections with other VXEVWLWXWHIRUKDUGZRUN A Family of Lawyer “Lone Wolves” By Steve LaCheen 7KHUHKDYHEHHQHLJKWODZ\HUVLQWKHH[WHQGHG/D&KHHQ IDPLO\VSDQQLQJIRXUJHQHUDWLRQVDQGDOPRVW\HDUV 0\ 8QFOH -RVHSK /D&KHHQ·V JUDQGGDXJKWHU Abby LaCheen LV D ZRUNHU·V FRPSHQVDWLRQ GHIHQVH DWWRUQH\ DW Frank S. LaCheen P\ IDWKHU·V ROGHU EURWKHU WKH&KDUWZHOOÀUPLQ.LQJRI3UXVVLD ZDVLQSULYDWHSUDFWLFHDQGWKHQZRUNHGIRUWKHJRY- HUQPHQWDWWKH)UDQNIRUG$UVHQDO 0\ GDXJKWHU Alexandra LaCheen, born in December LVDQDWWRUQH\LQJHQHUDOSUDFWLFHLQWKHRIÀFHQH[WWR ,ZDVERUQLQ-XQH DGPLWWHGWRSUDFWLFHLQ DQG PLQH DPLQP\WK\HDUDWWKHEDUVSHFLDOL]LQJLQIHGHUDOFULPLQDO GHIHQVH 0\8QFOH-RH·VJUDQGVRQLance LaCheen, was admit- WHGWRWKHEDUWZR\HDUVDJRDQGLVDWDPDMRUÀUPLQ3KLOD- 0\ FRXVLQ Jerome )UDQN·V VRQ ERUQ LQ VWDUWHG GHOSKLD SUDFWLFHDVDSDWHQWDJHQWIRUWKHJRYHUQPHQWVSHQW \HDUVLQSULYDWHSUDFWLFHZLWKPHDQGWKHQEHFDPHDQGVWLOO 7KDW VXPV LW XS IRU WKH /HDJXH RI /D&KHHQ /DZ\HUV LVDVRORSUDFWLWLRQHUSHUVRQDOLQMXU\ODZ\HU H[FHSWWKDWWKHUHLVQR´OHDJXHµDQGWKHRQO\RQHRIXVZKR NQRZVDOORIXVLVPHDQGWKDW·VDJRRGFOXHZK\,VD\WKHUH 0\ GDXJKWHU Cary LaCheen ERUQ LQ -XQH KDV LVQR´VWRU\µLQWKHIDFWWKDWWKHUHDUHVRPDQ\RIXV7KH\ EHHQDSXEOLFLQWHUHVWODZ\HULQ1HZ 0\ FRXVLQ -HURPH·V VRQ Daniel LaCheen, now in his 7RSWKDW0DWWLROL0DWWWLROLDQG0DWWLROLLI\RXFDQ HDUO\VLVDSHUVRQDOLQMXU\ODZ\HULQ0LDPL)ORULGD 30 the philadelphia lawyer summer 2021 The Legacy of “The List” Albert S. Dandridge III think that it is a wonderful idea that The Philadelphia Lawyer is featuring in this I edition multiple generations of lawyers in the Philadelphia legal community. However, for many Black Philadelphia lawyers, the generations really started in 1970, with “The List.” the philadelphia lawyer summer 2021 31 In May 1970, Fleming D. Tucker, the second Black American ad- mitted to the bar of the Common- wealth of Pennsylvania, compiled a list entitled, “directory of the col- ored members of the Philadelphia Bar.” That list contained all the Phil- adelphia-based Black Americans who were admitted to the bar from 1920 to 1970 – 50 years – but there were only 111 names, with multiple years of no admissions at all. On that list are some of the giants of our profession. The list starts with The founding members of Norris, Schmidt, Green, Harris, Higginbotham & J. Austin Norris – March 1, 1920, %URZQ IURPOHIWWRULJKW &OLijRUG6FRWW*UHHQ:LOOLDP+%URZQ,,,$/HRQ the first Black American admitted Higginbotham Jr., Doris Mae Harris, J. Austin Norris and Harvey N. Schmidt. to the bar in the Commonwealth – and ends with André L. Dennis – affiliate of the National Bar Asso- The best and the brightest went to April 27, 1970. ciation, because Blacks were not the Norris law firm in part because The List – revised to May 15, allowed to join the American Bar there was no other place, regardless 1970 – is amazing, with the Hon. Association. Many of the names of credentials or abilities, for them Raymond Pace Alexander, the Hon. mentioned above formed the law to go. “When I graduated from Robert N.C. Nix, law school, the Hon. Sadie I didn’t have T.M. Alexander, The Norris law firm stood as a bulwark for to review the Hon. Harvey “ my options N. Schmidt, Wil- Black attorneys who saw very limited or no because there liam T. Coleman, weren’t any,” Jr., the Hon. Clif- work opportunities at Philadelphia law firms.” said Judge ford Scott Green, Green, even the Hon. A. Leon after having Higgenbotham, the Hon. Juanita firm of Norris Schmidt Green Har- the highest passing grade of anyone Kidd Stout, William H. Brown, III, ris Higginbotham & Brown, which on the Pennsylvania bar examina- the Hon. Robert N.C. Nix, Jr., the is often referred to as the city’s first tion in 1951. Hon. Hardy Williams, the Hon. El- Black law firm, and perhaps the At the end of the list, Mr. Tuck- eanor K.H. Norton, the Hon. Ricar- city’s best law firm, regardless of er left room for only six more do C. Jackson and another person I ethnicity. At a time when William additions – a reasonable expecta- happen to know quite well, my late T. Coleman, Jr., who graduated tion considering the extent of the uncle, the Hon. Paul A. Dandridge, first in his class from Harvard Law progress from 1920 to 1970. Little just to name a few. School and was editor of the Har- did he know about what was soon Apparently, Mr. Tucker had vard Law Review, could not get a to happen. some type of coding system, most job at any “white-shoe” law firm On June 23, 1970, the Hon. Rob- of which I cannot figure out, but in New York or Philadelphia until ert M. Landis, Chancellor of the what he does reference on the he was hired by Richardson Dil- Philadelphia Bar Association that bottom of the first page, was who worth, the Norris law firm stood as year, appointed Judge Paul A. Dan- among the group were Barristers. a bulwark for Black attorneys who dridge, Judge Clifford Scott Green, The Barristers Association of Phil- saw very limited or no work oppor- Ricardo C. Jackson, W. Bourne adelphia was formed in 1950, as an tunities at Philadelphia law firms. Ruthrauff, and Peter J. Liacouras, 32 the philadelphia lawyer summer 2021 “[The Liacouras Committee] opened the door for countless persons of color, and others, to enter the legal profession in Philadelphia and elsewhere in the Commonwealth.” tially. I cannot think of an entity that has had a more profound impact upon diversity and opportunity in the Philadelphia Legal Communi- ty – perhaps even in the Nation- al Legal Community – than the Liacouras Committee. That com- mittee opened the door for count- less persons of color, and others, to enter the legal profession in Philadelphia and elsewhere in the Commonwealth. So, while others may have had family members provide the guid- ance to the entry into the legal profession, the Barristers’, the Norris law firm and the Liacouras Committee served as the nurturing Members of the Liacouras Committee included (from left) Judge Paul A. Dan- relatives for most Black attorneys. GULGJH5LFDUGR&-DFNVRQ3HWHU-/LDFRXUDV-XGJH&OLijRUG6FRWW*UHHQ DQG:%RXUQH5XWKUDXij SKRWRFRXUWHV\RI6SHFLDO&ROOHFWLRQV Albert S. Dandridge III (adandridge@ Research Center, Temple University Libraries, Philadelphia) schnader.com), a partner at Schnader Har- ULVRQ 6HJDO /HZLV FKDLU RI WKH ÀUP·V members of the special committee gest presumption that blacks are Securities Practice Group, and, is a mem- ber of the Editorial Board of 7KH3KLODGHO- on the Pennsylvania Bar Admis- indeed discriminated against under SKLD/DZ\HU. sion procedures “to investigate the procedures used by the State Board claims of possible discrimination of Law Examiners.” against black law students in these On January 21, 1971, the Board procedures.” Professor Liacouras of Governors of the Philadelphia was made chairman and it became Bar Association adopted a reso- known as the Liacouras Commit- lution, which was accepted by the tee. Pennsylvania State Board of Law On December 19, 1970, the Li- Examiners, that forever changed acouras Committee filed its report the way the bar examination was and recommendations, which was administered. After that resolution made available to the press at the and changes in the administration same time. The report found that of the bar examination, admissions various “practices raise the stron- of Black applicants grew exponen- the philadelphia lawyer summer 2021 33 FOR FANS OF DU-WOP By David I. Grunfeld GPLWWHGO\GDWLQJP\VHOIP\IDYRU- SHDNLQ DQGVWDUWLQJWRIDGHRXWLQWKHHDUO\WRPLG V ite music genre is Du-Wop, or doo- :KDWHQGHGLW³WKH&DOLIRUQLDVRXQG0RWRZQWKH%ULWLVK,QYD- VLRQDQG(OYLV ZRS 'HVSLWH DOWHUQDWH VSHOOLQJV :KDWLVGXZRS",WKLQNLWFDQEHIDLUO\FKDUDFWHUL]HGDVIRO- DQGDUJXPHQWVRYHURULJLQ,WKLQNLWLVVWLOOWKH lows: JURXS KDUPRQ\ ZLWK D OHDG VLQJHU DQG WZR WKUHH RU IRXU EHVWOLVWHQLQJPXVLF EDFNXSVLQJHUVRQHRIZKLFKLVXVXDOO\DWHQRURFFDVLRQDOO\VLQJ- LQJIDOVHWWRDQGRQHRIZKLFKLVSUREDEO\DEDVV 0D\EHLW·VQRVWDOJLDIRUD\RXWKIXOSHULRGEXW,FRXOGOLVWHQ VLPSOHPHORGLHVDQGLQWHOOLJLEOHZRUGVIUHTXHQWO\RQHFULWLF WR FRPSLODWLRQ DOEXPV RU ´ROGLHVµ VWDWLRQV RU 6LULXV;0·V V has said, about love and loneliness DQGVVWDWLRQVDOOWKHWLPH7KHUHDUHVWLOOFRQFHUWV SUHYLUXV XVHRIQRQVHQVHV\OODEOHVHYHQLQWKHVRQJWLWOH LQ WKH DUHD SHULRGLFDOO\ PRVWO\ DW WKH .HVZLFN ZLWK PHQ DQG OLJKWLQVWUXPHQWDWLRQVRPHWLPHVQRQH DFDSHOOD ZRPHQLQWKHLUVDQGVVKXIÁLQJRQVWDJHEXWRQFHWKH\VWDUW 7KHUHZHUHJURXSVWKDW´FRYHUHGµVRQJVRIRWKHUVDQGJURXSV VLQJLQJLWVRXQGVH[DFWO\OLNHRQWKHRULJLQDOUHFRUGV7KHUHDUH WKDWZHUH´RQHKLWZRQGHUVµ7KHUHZDVFRPSHWLWLRQEHWZHHQFLW- DOVR´WULEXWHµEDQGVSOD\LQJDWYDULRXVYHQXHV$Q\RQHUHPHPEHU LHVDQGZLWKLQFLWLHV7KHUHZHUHWHHQDJHJURXSVDQGJURXSVZKR 6KD1D1D" VWDUWHGDVVHULRXVJRVSHORUUK\WKPDQGEOXHVVLQJHUV7KHUHZHUH 7KHKH\GD\FRXOGEHVDLGWREHJLQLQWKHPLG VZLWKD ER\ JURXSV JLUO JURXSV DQG UDFLDOO\ LQWHJUDWHG JURXSV 7KHUH 34 the philadelphia lawyer summer 2021 were new songs, and old classics turned into rock ‘n’ roll. At great risk, I list hereafter my top 20 most memorable songs, “One Summer Night,” The Danleers, 1958 in chronological order—not necessarily the best, or most famous, but ones I adore. Let me know what you think! “Smoke Gets in Your Eyes,” The Platters, 1958 “Sunday Kind of Love,” The Harptones, 1953 Since I Don’t Have You,” The Skyliners, 1959 “Sh-Boom,” The Chords, 1954 “There Goes My Baby,” The Drifters, 1959 “In the Still of the Night,” The Five Satins, 1956 “A Teenager in Love,” Dion & the Belmonts, 1959 “Why Do Fools Fall in Love,” Frankie Lymon and The Teenagers, “Will You Love Me Tomorrow,” the Shirelles, 1960 1956 “Blue Moon,” The Marcels, 1961 “Could This Be Magic,” The Dubs, 1957 “The Lion Sleeps Tonight,” The Tokens, 1961 “Get a Job,” The Silhouettes, 1957 “You Belong to Me,” The Duprees, 1962 “Come And Go With Me,” The Del-Vikings, 1957 Honorable Mention: “At the Hop,” Danny & The Juniors, 1957 “Looking for an Echo,” Kenny Vance, 1975 “Little Star,” The Elegants, 1958 David I. Grunfeld ([email protected]), of counsel to “Lovers Never Say Goodbye,” The Flamingos, 1958 Astor Weiss Kaplan & Mandel, LLP, is a member of the editorial board of The Philadelphia Lawyer. “Sixteen Candles,” The Crests, 1958 Post with us… Reach thousands of candidates today! Start at CareerCenter.PhiladelphiaBar.org the philadelphia lawyer summer 2021 35 A Matter of Life and Death By Jennifer Dumin A Message to My Fellow White Attorneys: A few days prior to the murder of George Floyd, I received a request on behalf of a separating couple searching for a divorce mediator who is both a person of color and LGBTQI+ competent. The ask came to me from a therapist who knows me as an out queer lawyer and a white ally committed to anti-racism work. I realized that I did not know of a single divorce mediator who is a person of color that is currently practicing, and quickly learned that neither did my work col- leagues. After exhausting my usual contacts, I sent a mass email to attorneys in the Philadelphia area to widen my search. my co-workers and the wider family law This message came from an attorney Two things happened. community about this gap in services and who I had never met or had a conversa- First, a white female mediator what I, as a white family law attorney, can tion with before, and I was shocked by the responded stating that people of color are do to address it. content of his email and the fact that this is not appropriately represented in the field of Second, I received an email from a how he chose to introduce himself to me. divorce mediators locally, and that the few white male mediator stating: “[Your] qual- His response, dripping in white privilege she knows of are not located in Pennsyl- ifications are outrageous. Any good medi- and white fragility, shocked and angered vania. It seems she was right; not a single ator would be impartial and not need to be me. person responded with a referral to a medi- of any color. I find your request offensive. My initial reaction was that, as a queer ator of color. This raises the question as to I am white, but have mediated dozens of person, I have benefited from and know the why people of color are not being invited cases for African-Americans and have value of working with professionals who into the community of divorce mediators always received a thank you from those have experienced the injustices that I have in our area. Her response got me thinking parties, and handled those cases impar- faced, and who speak the language of my about how I can start a conversation with tially.” community. We have an automatic short- 36 the philadelphia lawyer summer 2021 hand, which allows us to skip a few steps while walking into his home. that ended by stating that my response to in understanding each other and devel- I recognize that it is because I walk him was more offensive than my original oping our professional relationship. For through life as a white person that the request, and that he was “done” communi- example, every single doctor I have seen unequivocal truth that BLACK AND cating with me. I hope that he was offended throughout my life, other than my current BROWN PEOPLE KEEP GETTING enough that he will raise this issue with his primary care physician, assumed I was MURDERED BY WHITE PEOPLE IN family and friends who are not straight straight until I specifically told them oth- POWER was my third, not my first or even white men, and that he will take construc- erwise. This forced me to come out, again my second thought. The unconscious supe- tive feedback from those he loves and and again, to people I had just found out riority that we hold as white people in this trusts. I hope that I sparked a dialogue that were walking through life wearing hetero- country is deep within us, and I know that will continue. I hope that this post does the sexist-colored glasses. Even once I came I have more self-awareness work to do; my same. Even if my small efforts do not lead out, doctors would to any change, I will often (unknowingly, keep doing the work, I assume) use offen- both internally and sive language and/or The unconscious superiority that we externally. ask me inappropriate I was raised by questions. Let me be “hold as white people in this country is my queer community clear: there is abso- elders to understand lutely no comparison deep within us, and I know that I have that silence equals to be made between death. White silence my experience of more self-awareness work to do; my has always equaled being a white priv- black and brown ileged queer person white privilege obviously still insidiously death, and if we want and the experience to stop being part of of being a person of impacts my thoughts” the problem, white color. I only share people need to get that this was my first reaction because it is white privilege obviously still insidiously comfortable being uncomfortable. We need the truth, and to point out that the benefit of impacts my thoughts. And this white male to stop worrying about hurting other white inter-community professional relationships mediator was enraged at the very idea that peoples’ feelings and recognize instead that in general does not seem to me to be a par- he would not be the right fit for this cou- privilege comes with great responsibility. ticularly puzzling concept to grasp. ple – who specifically asked for a person of It is a matter of life and death. My second reaction was empathy: color who is LGBTQI+ competent. Maybe there is a reason this white male At that point, I had choices. I could Jennifer Dumin is a family attorney at attorney sounds so unhinged. It is possible choose to respond to him with rage of my Sadek and Cooper. he has a mental health problem that has own. I could choose not to respond to him at been exacerbated by the lockdown. It is all. Or, I could choose to use my white priv- possible he has just lost friends or family ilege to respectfully interrupt and challenge to COVID-19. Perhaps he has lost business his white supremacist way of thinking. As and is not able to pay his bills. a person who calls herself anti-racist, the And then, I thought about Ahmaud latter was the only acceptable choice. So, I Arbery, the unarmed 25-year-old Black responded, reminding him that the request man who was murdered last year while jog- came directly from the parties and that his ging. I thought about Breonna Taylor, the opinion about whether there is value to unarmed Black woman who was murdered hiring a person of color who is LGBTQI+ by police last March in her own home. competent to mediate their divorce came The video of George Floyd’s murder by unsolicited and was both irrelevant and police last May plays in my head, as does uninformed. I included a list of books that the video of Walter Wallace Jr.’s murder by I have found helpful in understanding my police in front of his mother, right here in white privilege. I invited him to continue Philadelphia last October. Casey Goodson the conversation with me. Jr., a 23-year-old Black man, was murdered Unfortunately, but unsurprisingly, the by police, shot in the back in front of his second response that I received from him five-year-old brother and his grandmother was one of self-righteous indignation the philadelphia lawyer summer 2021 37 TTechnologyechnology COVID-19 Turned Every Office into a Paper- less Office BY DANIEL J. SIEGEL n January 2020, before the pan- demic took hold in the United States, Cisco’s then-Chairman, John Chambers, proclaimed that “At least I40% of all businesses will die in the next 10 years … if they don’t figure out how to change their entire company to accommo- date new technologies.” He was correct. Even if he didn’t foresee our life in quaran- tine, he certainly understood the resistance to technology common in many law firms. Applying Chambers’ words to law firms, his message was clear. If law firms had clients. newfound use of technology, whether it did not have the technological infrastruc- The overwhelming majority of firms was GoToMyPC, or Zoom, or Adobe Acro- ture in place at the beginning of the shut- chose to use technology and prayed for an bat, was easier than they feared, and it down and did not take steps to quickly early end to the quarantine. Most discov- improved their practices. And they agreed rectify that inadequacy, they would proba- ered that their lawyers and staff could han- almost unanimously that they were never bly wither away. It they did not die, they dle remote work, and that it was a far bet- going back to the days when everything certainly faced a challenging recovery after ter option than closing their doors. In fact, they did was on paper. months of closure. many firms have commented that using Yet, their newfound admiration for Most lawyers and law firms confronted technology was easier and better than the technology was not without obstacles. the new reality. They had no choice. And old paper-based world. They had to learn how to do things and, there were many technology issues that This meant accessing documents and despite limited training and often less than could not be ignored. In this, and future files electronically. This meant attending optimal computer hardware, they realized columns, I will discuss some of the changes meetings and obtaining CLE credits online, the benefits of technology. that firms went though, and those still to using products such as Zoom, Webex and But now that firms are returning to a come. others. This meant handling online the lim- somewhat more traditional in-office exis- The first need was to go paperless, and ited universe of court matters that were still tence, there are some lawyers who still dramatically reduce reliance on paper. proceeding. This meant that the days of yearn for the days of all paper all the time. Even the Luddites who had previously practicing law in an office and only with Doing so would be a mistake. If a home- refused to accept or use technology real- and on paper were a thing of the past. based existence should have taught lawyers ized they had a Hobson’s Choice: Adapt to Not surprisingly, most lawyers dis- anything, it is that they can work without the brave new pandemic-induced world by covered that working with electronic files all the paper they used to. And the world digitizing some or all their workflow or ride was not a bad thing, and in fact was a very won’t end. out the pandemic and see if their office still good thing. Many firms admitted that their In fact, if there was one common thread 38 the philadelphia lawyer summer 2021 Tech BRIEFS No longer is it desirable, or acceptable, “to use unique naming conventions – Abacus Private Cloud™: Virtual Law Office or wholly illogical ones – when staff Environments must be sure that every document is electronic/digital. for all firms during the pandemic, it was the more capabilities and options, making the need to be paperless. That is, having only paperless office even more efficient. paper-based files won’t work when every- Adobe Acrobat is the “gold standard” one is in different locations. for working with PDFs. It easily performs Optimize your law office environment First, paperless meant you had to digi- an OCR on a document, allowing users to with Abacus Private Cloud™. This tize (scan!) your files or have a system for search text, export text to Microsoft Word, encrypted, cost-effective and easily doing so. Second, paperless meant you had or use it in other applications. The product accessible desktop software can help to be able to distribute your files or have a has numerous additional features, from to improve client interactions, firm system for doing so. Third, paperless meant Bates numbering to redaction to its abil- security, and overall productivity. you had to be able to share your work or ity to rearrange pages easily. One of other have a system for doing so. And finally, features in Acrobat is its ability to index Monitor each customer’s system paperless meant that Darwin was correct: documents (Adobe calls it a “catalog”). law firms that did not adapt will not thrive In seconds, with an index, Adobe Acrobat health, separate customer data into until they accept the new reality. can find every instance in which a word or uniquely encrypted virtual servers, After all, there is a reason why paper- phrase appears in one or many documents. preserve business continuity, and less businesses never go back. Another critical factor when working provide innovative ways of collabo- Against that backdrop, let’s consider a with electronic files is having a MANDA- rating with clients and safeguard them few basic aspects of a paperless office. TORY file-naming protocol, which makes against cyber threats and cyber-ter- Scanners are a necessity. Desktop scan- finding files easy, and permits every user to rorism. ners, for example, have been the default know the subject/contents of a given file. method used in law offices of all sizes. For No longer is it desirable, or acceptable, to Some features include unified docu- around $450, you can purchase a Fujitsu use unique naming conventions – or wholly ment creation, batch re-assignments, Scansnap scanner with a 35-to-50-page illogical ones – when staff must be sure real-time editing with version control, sheet feeder, which is sufficient for most that every document is electronic/digital. a 30-day snapshot system that enables firms. Scansnaps are workhorses, are far To successfully work digitally, paperless quick recovery and file restoration, more efficient than large copiers, and are offices must name files consistently and and an automated backup system that used in countless law firms. use naming conventions that are consistent, mirrors all backup files across multi- Another key to a successful paperless logical, and accepted firmwide. ple secure data center. office is the software used to work with In addition, having a file organizational electronic files. Most scanner manufac- structure helps you to define a file-naming This software program is $49 per turers supply free software that can OCR protocol. For example, I recommend sav- month. text documents (that is, scan an electronic ing all correspondence as “Ltr to XXX re document and make the words on the page YYY, Date.” I recommend that dates be Demos for this program are searchable), allowing users to search and in YEAR-MONTH-DATE format (2005- available at: http://buyersguide. use the text in other applications. If the 10-28) because it makes sorting similarly americanbar.org/sites/abacus-da- documents contain an image, the software named files far easier. Thus, if you have ta-systems-inc/3759/Legal+Technolo- saves them so that you can edit the images, four letters to Attorney Smith about settle- gy+Consultants print them or use them elsewhere. ment, they will sort in date/chronological But using a product more advanced order when you are searching. than what comes with scanners is often File naming protocols must be used essential. Thus, using a product like Adobe consistently and must be MANDATORY Acrobat Professional provides numerous throughout the firm. To accomplish this the philadelphia lawyer summer 2021 39 Working remotely also forced lawyers to think about security. “In the pre-pandemic world, security was often an afterthought. Not anymore. goal, your convention must be user friendly the office opens. (Good luck ever obtaining important files will be deleted inadvertently. and consistent with the firm’s workflows those files!) Regardless, these options are com- and procedures. To be successfully used, Working remotely also forced lawyers mon and critical. But so is training, which you should consult with attorneys, parale- to think about security. In the pre-pandemic was often overlooked in the rush to work gals and others who actually do the work. world, security was often an afterthought. remotely. Now that we are approaching the Firms also had to determine how staff Not anymore. “next normal,” it’s time to train our staff and accessed their digital files, and how those Whether it was the need to outfit staff ourselves to use what we have. who needed to share their work did so. home computers with proper anti-virus, COVID-19 changed so many aspects of Generally, it was by using a combination of anti-malware and firewall software, or the our practice, but it unquestionably raised remote access and file sharing websites. reality that you cannot discuss confidential many eyebrows about why technology – and Remote access to an office is often and sensitive information on a speakerphone a paperless office in particular – is crucial accomplished using Windows Remote when children are present, lawyers had to and here to stay. Desktop Connection, or products such as reckon with concerns that did not arise in LogMeIn or GoToMyPC. These allow the presumably safe confines of their offices. Daniel J. Siegel, ([email protected]), secure access to users’ in-office computers Security considerations also meant a member of the Editorial Board of The Phil- so that they may work from home as though that firms needed to explore file-sharing adelphia Lawyer, is a practicing attorney they were in the office. This remains the options, such as OneDrive, Dropbox for and the president of Integrated Technology most preferable method of working, and one Business, Citrix ShareFile and other simi- Services LLC, a consulting firm that helps that avoids concerns relating to users stor- lar products. These products have benefits, law offices improve their workflow through ing office files on personal computers, and including universal or controlled access, the use of technology. the potential that they do not return when but also have risks like the potential that 40 the philadelphia lawyer summer 2021 Tech * Comparisons sourced from www.pcmag.com UPDATE GOOGLE’S DAYDREAM VIEW VR SAMSUNG GEAR VR OCULUS QUEST 2 HEADSET EXPERIENCE AUTHENTIC AND HIGH-QUALITY GRAPHICS THAT REFLECT ANYWHERE AROUND THE WORLD, and do it all from your office. Virtual Reality goggles are becoming increasingly popular, both in and out of the workplace. In a world that has now incorporated virtual communication as a part of our reality, VR goggles are a cool and refreshing way to revamp office meetings. The goggles create a simulation of real or imaginary environments. Many include surround sound to accompany the sharp and detailed images that help maintain a unique and distanced experience. 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ACCESSORY CABLE • DAYDREAM ECOSYSTEM IS • SOME OLDER SOFTWARE ISN’T • SHORT BATTERY LIFE DEVELOPING SLOWLY. COMPATIBLE. • EXPENSIVE CONS • VERY LITTLE HARDWARE AND • NON-GAME CONTENT IS STALE. SOFTWARE TO SUPPORT • FEW APPS OFFICIALLY SUPPORT CONTROLLER. PRICE $79.99 (BEST BUY) $189.99 (AMAZON) $299 (TARGET, BEST BUY) the philadelphia lawyer summer 2021 41 Lawyer Referral and Information Service (215) 238-6333 | PhiladelphiaBarLawyers.com TRUST US TO HELP LRIS Has Been Helping the Community Since 1948 � LRIS refers potential clients to approximately 175 attorneys. � LRIS attorneys are in good standing, have professional liability insurance and must meet certain experience requirements. � LRIS attorneys practice in more than 150 areas of law. � In 2017, LRIS received 25,425 inquiries and made 11,208 referrals. If You Have Someone You Cannot Help… Refer Them to Us! Lawyer Referral and Information Service Questions? of the Philadelphia Bar Association 1101 Market St., 11th Floor For questions, contact Director of Public and Legal Services Charlie Klitsch Philadelphia, PA 19107 at (215) 238-6326 or [email protected]. 42 the philadelphia lawyer summer 2021 BOOK REVIEW Family Law Arbitration: Practice, Procedure, and Forms By Lee A. Schwartz by Carolyn Moran Zack A Compelling 463 pages Case for Family Law Arbitration DURO\Q 0RUDQ =DFN D IDPLO\ KRZZLOO,VHHP\FKLOGZKRPD\EHOLY- IDPLO\ODZDUELWUDWLRQLQFDVHVZKHUHLWLV law practitioner and partner at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ÀFLHQW law arbitration as a practice has been uti- WLYHGLVSXWHUHVROXWLRQ=DFNWRRNRYHURQH DQG H[SHGLHQW PDQQHU SURYLGLQJ OLWLJDQWV OL]HGLQ3HQQV\OYDQLDIRUGHFDGHVWKHUHKDV DQGDKDOI\HDUVWRSDLQVWDNLQJO\UHVHDUFK ZLWKWKHDELOLW\WRNHHSWKHLUPDWWHUVPRY- QRWEHHQDVWDWXWHFRGLI\LQJLWVVSHFLÀFXVH WKHVWDWXVRIIDPLO\ODZDUELWUDWLRQLQDOO LQJIRUZDUGWRUHVROXWLRQ LQ 3HQQV\OYDQLD 7KURXJK =DFN·V WLUHOHVV VWDWHVDQGWKH'LVWULFWRI&ROXPELD 0DQ\ IDPLO\ ODZ SUDFWLWLRQHUV DUH QRW HIIRUWVVKHDQGKHUWDVNIRUFHVSHFLÀFDOO\ =DFNFRQVXOWHGZLWKDQGGLVFXVVHGWKLV VSHFLÀFDOO\ DZDUH RI WKH EHQHÀWV RI IDP- IRUPHGIRUWKLVSXUSRVHKRSHWRKDYHVXFK WRSLF ZLWK RYHU DWWRUQH\V DFURVV WKH LO\ ODZ DUELWUDWLRQ IRU WKHLU FOLHQWV 0DQ\ DVWDWXWHLQSODFHLQ3HQQV\OYDQLDLVVKRUW FRXQWU\LQRUGHUWRJDLQWKHLUSHUVSHFWLYHV ODZ\HUVNQRZWKDWDUELWUDWLRQLVXVHGPDQ\ RUGHU H[SHULHQFHV DQG JXLGDQFH RQ WKH XVHIXO- WLPHVLQPRUHFRPSOH[GLYRUFHFDVHVEXW 7R FDOO =DFN·V ERRN FRPSUHKHQVLYH LV QHVVVWDWXVDQGIXWXUHRIIDPLO\ODZDUEL- GRQ·W VHH WKH SUDFWLFDOLW\ RI XVLQJ LW LQ DFFXUDWH ,W LV D ´PXVWUHDGµ IRU DOO IDP- WUDWLRQQDWLRQZLGH+HQFHWKHSHUVSHFWLYH VPDOOHU FDVHV RU IRU PRUH OLPLWHG LVVXHV LO\ODZSUDFWLWLRQHUV$WWRUQH\VDUHDOZD\V RI WKLV ERRN LV QDWLRQZLGH DQG RIIHUV D ,QDGGLWLRQWRWKHFRPSOH[FDVHDUELWUDWLRQ ORRNLQJIRU´DQRWKHUWRROLQWKHLUWRROER[µ FRPSUHKHQVLYH SHUVSHFWLYH RQ IDPLO\ ODZ LVXVHGIRULVVXHVVXFKDVHVWDEOLVKLQJSDU- 7KDWLVH[DFWO\ZKDWWKLVLV DUELWUDWLRQDVLWH[LVWVLQWKH8QLWHG6WDWHV enting plans, school choice determinations, 7KLVERRNLVSXEOLVKHGE\WKH$PHULFDQ ,QGRLQJVR=DFNPDNHVDFRPSHOOLQJFDVH child and spousal support concerns and the %DU$VVRFLDWLRQDQGLVHDVLO\DYDLODEOHLQ IRU WKH XVHIXOQHVV RI WKLV SURFHVV IRU DOO OLNH1DPLQJDODZ\HUFROOHDJXHDVDQDUEL- SULQWDQGGLJLWDOIRUPDWV IDPLO\ODZSUDFWLWLRQHUVLQWKHDSSURSULDWH WUDWRUZKRPLJKWDVVLVWZLWKWKHGLYLVLRQRI FDVHV SHUVRQDOSURSHUW\LIWKHFOLHQWVFDQQRWGR Lee A. Schwartz is the founder of Schwartz =DFNEHJLQVKHUERRNIURPWKHSHUVSHF- VRE\DJUHHPHQWLVDQHIIHFWLYHPHWKRGRI Law Firm, LLC, which is a litigation law WLYH RI WKH QHFHVVLW\ RI IDPLO\ ODZ DUEL- NHHSLQJFOLHQWVRXWRIFRXUWDIWHUDGLYRUFH ÀUP LQ 3KLODGHOSKLD DQG 3HDFHIXO 6HSD- WUDWLRQ GXULQJ &29,' )DPLO\ FRXUWV GHFUHHKDVEHHQJUDQWHG(YHQWKHLVVXHRI ration and Divorce, which is exclusively were closed or operating on a “part-time” ZKLFK SDUW\ PD\ NHHS D SHW FDQ EH DUEL- involved in the non-litigation resolution basis, when it comes to appearing “live” in WUDWHGSULYDWHO\ of family law matters, in mediation, col- D FRXUWURRP7KH FRXUWKRXVHV QDWLRQZLGH 7KH ERRN DOVR SURYLGHV D GHWDLOHG laborative law and private arbitration. 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