Vol.Annals 82, No. 4 ofPhiladelphia Justice: Bar Association Quarterly Magazine Winter 2020 Chronicle of the Silver Fox

BY STEVE LACHEEN

Let’s Not Destroy Cy Pres 93rd Chancellor Hon.

BY KEN GRUNFELD A. Michael Snyder (ret.) BY NIKI T. I NGRAM

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MarketMarket GOLDMarket St., St.,& St., ASSOCIATES, Suite Suite Suite 515 515 P.C. 1835 Market St., Suitelook 515 Philadelphia,Philadelphia,1835Philadelphia, Market PASt., PA PA 19103Suite 1910319103 515 Philadelphia, PA 19103 Ph:Ph:Ph: (215) (215) (215) 569-1999569-1999 569-1999Philadelphia, •• •Fax: Fax:PA (215) (215)19103 (215) 569-3870 569-3870 569-3870 Ph: (215) 569-1999 • Fax:With (215) 569-3870 Ph: (215)www.discrimlaw.net www.discrimlaw.net569-1999www.discrimlaw.net • Fax: (215) 569-3870 www.discrimlaw.netwww.discrimlaw.netdiscrimination, and THE PHILADELPHIA L AW Y ER CONTENTS Vol. 82, No. 4 Philadelphia Bar Association Quarterly Magazine Winter 2020 FEATURES DEPARTMENTS

4 From the Editor by eMManueL O. iheuKwuMere

7 From the Chancellor by ChanCeLLOr hOn. a. MiChaeL SnyDer (ret.)

9 Ethics by DanieL J. SieGeL Guidelines for “friending” judges on social media and IRL 11 10 In Memoriam

11 Chronicle of the Silver Fox 27 2019 Ginsburg Essay Winner For years, he got away with it, too—until he didn’t by aMy Chin-arrOyO by Steve LaCheen “Silenced Voices: Indigenous Asylum Seekers in the U.S. Immigration System” 16 Blue Over Blue A short history of child support statutes in PA 34 Technology by DaviD i. GrunfeLD by DanieL J. SieGeL Tried-and-true technology recommendations for 2020 17 Global War at the Trolley Diner A small-town tragedy, and a young man’s vow to take on the 38 Book Review world by hOn. riCharD b. KLein (ret.) by aLLen J. tiLLery “Two Times Platinum” by Llloyd Remick

20 The Smoking Text 39 Extras How to authenticate text messages and social media in child Can you solve this puzzle from Association member Bob custody litigation Stern? by MereDith brennan 40 That Was Then - 1990 22 Let's Not Destroy Cy Pres Bench-Bar 1990 – “Futurescope” There is a very good solution for unclaimed funds by Ken GrunfeLD 24 16 > 45 The presidential math is clear by M. KeLLy tiLLery 28 Chancellor Hon. A. Michael Snyder (Ret.) Introducing the Philadelphia Bar Association’s 93rd Chancellor by niKi t. inGraM

28

2 the philadelphia lawyer Winter 2020

FROM THE EDITOR Arguing Against Continuing Governmental Immunity in Medical Malpractice Actions in Pennsylvania

EMMANUEL O. IHEUKWUMERE

Imagine that you are unable to afford health constipation. insurance premiums—like tens of millions of You decide to retain counsel to investigate your potential Aother Americans—and are also unable to qualify case. Your plaintiff’s attorney requests, obtains, and reviews for either Medicare or Medicaid coverage; hence, your medical records from the City Health Center, which indeed you decided five years ago to get your health care from one confirm that throughout the five years you were under the City of the City of Philadelphia’s Health Centers. Imagine also that Health Center’s care, you were never referred for colon cancer last year, you were diagnosed with Stage 4 colon cancer with screening, despite being over 50, nor referred for diagnostic distant metastasis to the liver and brain, which carries a five- evaluation to rule out cancer, despite your documented symptoms. year survival of less than 15%. You are only 55 years old, with Your medical records further confirm that all your medical care a family of four—a spouse and three teenaged children. You are took place within the City Health Center, except for two chest understandably devastated by the diagnosis. You begin to worry x-rays for evaluations of chest pain. Both were performed at about what your absence in the life of your an outside radiology practice with normal family will mean to them, especially to your impressions for both studies. To your surprise youngest child. Your life-changing diagnosis and utter dismay, your attorney declines to forces you to research whether or not your proceed with your potential case on the grounds cancer could have been diagnosed early with that recovery against the City and its employees a better prognosis. Your research of medical would be practically impossible due to the literature reveals that virtually all respected application of the Political Subdivision Tort medical guidelines, including those of the Claims Act—which is the local governmental American Cancer Society, the United States immunity statute applicable to municipalities, Preventive Services Task Force, the American such as the City of Philadelphia. College of Obstetricians and Gynecologists, Prior to the seminal Pennsylvania the American Family Physician, and the Supreme Court case of Ayala v. Philadelphia American College of Physicians, recommends Board of Education, 453 Pa. 584, 305 A.2d that patients at average risk for colon cancer 877 (1973), which abolished the archaic be screened beginning at age 45 or 50, with doctrine of governmental immunity, judicially stool-based tests, including fecal occult blood adopted in Pennsylvania in Ford v. School tests, and visual exam testing, including District, 121 Pa. 543, 15 A. 812(1888), colonoscopy and flexible sigmoidoscopy. municipal governments in Pennsylvania had Your research also reveals that diagnosis of enjoyed immunity from tort actions. In Ayala colon cancer at Stage 1 or 2 a is very possible v. Philadelphia Board of Education, a 15-year- with early screening, and that the five-year old child suffered amputation of his right arm survival of Stage 1 or 2 colon cancer is excellent, in the range in a shredding machine in the upholstery class of his school of 88–94%, respectively, instead of your grim prognosis of less due to the alleged failure of the school’s employees to properly than 15%. supervise the student’s use of the machine, as well as the school’s Certainly, you think, you have a compelling case of medical placement of the machine into service in a defective condition, malpractice against the City and its care providers, which both since it did not have a safety device, or properly warn the students failed to refer you for colon cancer screening and diagnostic of the dangers inherent in such a machine. The severely injured evaluations, including ultrasound, CT scan, and MRI of the student’s father brought suit against the Philadelphia Board of abdomen/pelvis to rule out cancer, particularly gastrointestinal Education, which promptly filed preliminary objections asserting cancer, when you developed symptoms, including abdominal governmental immunity as a defense. The trial court sustained pain, diarrhea, vomiting, unintentional weight loss, and the objections, and the Superior Court affirmed. The Supreme

4 the philadelphia lawyer Winter 2020 Court granted allocator and held that “the dismissed the plaintiff’s action premised doctrine of governmental immunity long on the Commonwealth’s defense that since devoid of any valid justification, is sovereign immunity “prohibited any court abolished in this Commonwealth.” 453 in the Commonwealth from hearing the Pa. at 586-87. suit.” 479 Pa. at 386. The issue before The court noted that “[t]oday we the Supreme Court was “whether the The conclude that no reasons whatsoever exist Commonwealth is immune from tort for continuing to adhere to the doctrine liability except where a legislative act Philadelphia of governmental immunity. Whatever expressly or implicitly authorizes suit.” may have been the basis for the inception Id. Lawyer of the doctrine, it is clear that no public The Court, in reversing the policy considerations presently justify its Commonwealth Court, held “[w]e today EDITOR-IN-CHIEF retention.” 453 Pa. at 592. abrogate this doctrine of ‘sovereign Emmanuel O. Iheukwumere The court emphasized, among others, immunity.’ We conclude that the doctrine that “if the city operates or maintains is unfair and unsuited to the times and Editorial Board injury-inducing activities or conditions, that this Court has power to abolish the David I. Grunfeld the harm thus caused should be viewed doctrine. Whatever justification ever Stephen Robert LaCheen as a part of the normal and proper costs existed that the Commonwealth is immune Harold K. Cohen of public administration and not as a from liability for tortious conduct unless Richard G. Freeman diversion of public funds. The city is a the Legislature has consented to suit, Michael J. Carroll Deborah Weinstein far better loss-distributing agency than the doctrine’s day has long since passed. Daniel J. Siegel the innocent and injured victim.” 453 Pa. Under the doctrine, plaintiff’s opportunity Justine Gudenas at 594-95. As to the deterrent effect of for justice depends, irrationally, not upon Rochelle M. Fedullo tort liability on ensuring proper conduct, the nature of his injury or of the act which M. Kelly Tillery the court appropriately observed that caused it, but upon the identity or status of Albert S. Dandridge III “where governmental immunity has had the wrongdoer.” Id. at 386. Steven R. Sher the effect of encouraging laxness and a Rejecting the myriad reasons Jennifer Platzkere Snyder Brian McGinnis disregard of potential harm, exposure adduced by the Commonwealth for Tiffany L. Palmer of the government to liability for its upholding sovereign immunity, including Daniella Price torts will have the effect of increasing clogging of the courts and destabilization Niki T. Ingram governmental care and concern for the of government finances, the court John Gregory welfare of those who might be injured by emphasized, among others, that “… because its actions,” internal citation omitted. negligence involves the reasonableness Editing and Design Brittany Anne Robertson In Mayle v. Pennsylvania Dept. of the actor’s conduct, unreasonably of Highways, 479 Pa. 384, 388 A.2d expensive protective measures will not 709(Pa. 1978), the Supreme Court be required of governments any more followed suit with the abolition of the than they are required of private parties. Philadelphia doctrine of sovereign immunity, initially Welfare economic analysis suggests that judicially expressly adopted in O’Connor government, if suable in tort, may become Bar Association v. Pittsburgh, 18 Pa. 187 (1851), which more efficient, although this improvement CHANCELLOR protected the Commonwealth and its may not appear on its balance sheets as Hon. A. Michael Snyder (Ret.) agencies from tort liability. The doctrine added assets or reduced liabilities.” Id. at Chancellor-Elect of sovereign immunity was a relic from 395. The court continued “[t]he financial Lauren P. McKenna the English crown to the effect that the burden argument is no longer compelling Vice Chancellor sovereign could not be sued without its now than it was in 1790, and no more so Wesley R. Payne IV consent. in the context of State government than Secretary In Mayle v. Pennsylvania Dept. in the context of local governments or Jennifer S. Coatsworth of Highways, the plaintiff sued the charities. We continue to reject it.” Id. at Assistant Secretary Commonwealth alleging that he was 396. Kathleen Kirkpatrick injured due to the Commonwealth’s Ironically, however, despite its Treasurer negligent maintenance of a public forceful rejection of the antiquated, Marc J. Zucker highway. The Commonwealth Court and clearly unjust, sovereign immunity Assistant Treasurer Matthew S. Olesh

The Philadelphia Lawyer (USPS #025-241), printed with soy inks on recycled paper, is published quarterly in March, June, Executive Director September and December by the Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2955. Harvey L. Hurdle, Jr. Telephone: (215) 238-6300. E-mail: [email protected]. The opinions stated herein are not necessarily those of the Philadelphia Bar Association. All manuscripts submitted will be carefully reviewed for possible publication. The editors reserve the right to edit all material for style and length. Advertising rates and information are available from Shawn D. Phillips, Corporate Account Executive, Marketing Solutions, ALM, 1617 JFK Boulevard, Suite 1750, Philadelphia, PA 19103, (215) 557-2340. Periodicals postage at Philadelphia and additional locations. POSTMASTER: please send changes to The Philadelphia Lawyer, c/o Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, PA 19107-2955. As policy, we do not compensate our writers.

the philadelphia lawyer Winter 2020 5 doctrine, which by its own pronouncement Pennsylvania Sovereign Immunity and treated by municipal facilities and their ensures that “plaintiff’s opportunity for Political Subdivision Tort Claims Acts, employees in the form of Medicare and justice depends, irrationally, not upon the 69 Pa. Bar. Ass’n Q. 16(Pennsylvania Bar Medicaid payments, which many times, nature of his injury or of the act which Association Quarterly) (January 1998). cost hundreds of thousands of dollars caused it, but upon the identity or status As is evident from the two acts, for each patient untimely diagnosed with of the wrongdoer,” the court emphasized while the Sovereign Immunity Act terminal cancer. The reason being, among that based on its reading of Article I, waived immunity to liability for others, that once diagnosed with terminal Section II of the state constitution, “[t]he medical malpractice actions against cancer, patients previously ineligible for Constitution is…neutral it neither requires Commonwealth parties, such waiver is either Medicare or Medicaid, usually nor prohibits sovereign immunity.” Id. at not listed in the Political Subdivision qualify for one, or both, depending on 400. The court continued “[t]he history Tort Claims Act. Accordingly, in their age at diagnosis. of the adoption of this section [of the Weissman v. City of Philadelphia, 99 Pa. Also, continuing to prohibit medical Constitution] indicates that the Framers Commonwealth. Ct. 403, 513 A.2d 571 malpractice recovery against municipal of 1790 intended to allow the Legislature, (1986), and its progeny, including Matteo governments and their employees negates if it desired, to choose cases in which the v. Katz, 97 Pa. Commonwealth Ct. 512, necessary incentives for municipal Commonwealth should be immune, but 509 A.2d 1387(1986), and Glim v. City employee health care providers to did not grant constitutional immunity to of Philadelphia, 149 Pa. Commonwealth. provide better, efficient, and quality the Commonwealth.” Id. at 400. Ct. 491, 613 A.2d 613 (1992), the care to patients, as poignantly noted by Apparently seizing on the language Commonwealth Court, as observed in the Ayala court to the effect that “where in Mayle v. Pennsylvania Dept. of Glim v. City of Philadelphia, “held that governmental immunity has had the Highways that the legislature, if it governmental immunity bars medical effect of encouraging laxness and a desired, may “choose cases in which the malpractice suits against the City and disregard of potential harm, exposure Commonwealth should be immune,” from against health care workers employed by of the government to liability for its liability, the Pennsylvania legislature in the City because negligence involving torts will have the effect of increasing 1980 enacted the Sovereign Immunity, medical treatment does not fall within any governmental care and concern for the 42 Pa. C.S. 8522, providing that “[t]he of the governmental immunity exceptions welfare of those who might be injured by following acts by a Commonwealth party at 42 Pa. C.S. Sec. 8542 (b).” its actions.” may result in the imposition of liability The Pennsylvania legislature’s initial In this day and age, when some on the Commonwealth and the defense of and ongoing failure to waive immunity respected studies estimate that between sovereign immunity shall not be raised to to liability for medical malpractice 250,000 to more than 400,000 patients claims for damages caused by: actions against municipalities and die each year in the United States due to “(1) Vehicle liability …. (2) Medical- their employees is unjust, inhuman, medical mistakes, it is way overdue for the professional liability …. (3) Care, unfair, shameful, unconscionable, Pennsylvania legislature to allow medical custody or control of personal property and profoundly short-sighted. As the malpractice suits against municipal …. (4) Commonwealth real estate, Supreme Court appropriately emphasized governments and their employees in order highways and sidewalks …. (5) Potholes in Ayala, “…no reasons whatsoever exist to, among other things, improve patient and other dangerous conditions …. (6) for continuing to adhere to the doctrine safety and reduce governmental spending Care, custody or control of animals …. of governmental immunity. Whatever that goes into treating patients injured (7) Liquor store sales …. (8) National may have been the basis for the inception by the medical malpractice of municipal Guard activities. Acts of a member of the of the doctrine, it is clear that no public governments and their employees. Pennsylvania military forces, (9) Toxoids policy considerations presently justify its Common sense, economic reasons, and vaccines…” (emphasis added). retention.” As that court also emphasized, and simple decency weighs very heavily The legislature in 1980 also enacted “[i]f the city operates or maintains injury- in favor of waiving immunity to liability the governmental Immunity Act, aka, the inducing activities or conditions, the harm for medical malpractice actions against Political Subdivision Tort Claims Act, 42 thus caused should be viewed as a part municipalities and their employees. Pa. C.S. 8542, which allows suit against of the normal and proper costs of public For example, in the scenario presented a local agency if the alleged action falls administration and not as a diversion of in the beginning of this editorial, had within any of the eight exceptions set public funds. The city is a far better loss- the City and its employees complied forth in the Act, which provides: “(b) distributing agency than the innocent and with the prevailing medical standard of Acts which may impose liability: The injured victim.” care and timely screened and diagnosed following acts by a local agency or any of Allowing suits against municipalities the patient’s colon cancer when it was its employees may result in the imposition and their employees for negligent conduct Stage 1 or 2a, or even earlier before of liability on a local agency: “(1) Vehicle against animals (the eighth exception the progression to malignancy of any liability …. (2) Care, custody or control under the governmental immunity act), polyps present, the cost of treatment and of personal property …. (3) Real property while disallowing suits for humans in restoration to health of the patient would …. (4) Trees, traffic controls and street the provision of medical care, is not only have been a mere fraction of the typical lighting …. (5) Utility service facilities immoral and repugnant to any notions cost of treating a patient with Stage 4 …. (6) Streets …. (7) Sidewalks …. of justice and fairness but is actually colon cancer. The high costs of treating and (8) Care, custody or control of economically unwise. Ultimately, the advanced cancers are ultimately paid by animals….”(emphasis added) (also, see taxpayers will continue to foot the my article, Differences Between the medical bills of patients improperly continued on page 8

6 the philadelphia lawyer Winter 2020 FROM THE CHANCELLOR A Little Bit of This, A Little Bit of That

93RD CHANCELLOR HON. A. MICHAEL SNYDER (RET.)

these activities and passions of mine share we will produce a pleasing composition; certain common features: they allow a masterpiece for now and for the future. for creativity; they have certain rules I’m going to enjoy the work. and formulas which must be understood Roll up your sleeves and help me do to produce a desirable outcome; they the cooking! challenge on many levels; and the rules, once learned, may be broken for a uniquely effective result. The other Hon. A. Michael Snyder (Ret.) (msnyder@ similarity among all of these interests or adrdri.com) is the 93rd Chancellor of the avocations is that they demand a balance Philadelphia Bar Association. in their various components to have a successful outcome. A good meal doesn’t happen without a balance between sweet and sour, soft and hard, salty and spice. A Get Published in great photo or painting demands a balance between light and dark, mass and void. A musical composition demands a balance between fast and slow, loud and soft, legato and staccato. In short, balance is everything. The Editorial Board of this mag- By now, you are probably asking, azine welcomes submissions “But what does this have to do with law from attorneys and other profes- and the Philadelphia Bar Association?” sionals who wish to share their he Editorial Board of The answer is simple: in law, as in life, expertise on law-related topics. The Philadelphia Lawyer balance is everything. As a professional As policy, we do not compensate suggested that it might be association, we have a dual obligation: T our writers. nice for me to reinvigorate we must continue to speak out for, and the custom of the Chancellor writing a advocate for, the interests of the members Articles must be original and pre- quarterly column for The Philadelphia of our society, when those members may viously unpublished. Lawyer. When I asked them the type of not be able to speak out for themselves Manuscripts should adhere to things that they wanted me to talk about, or to advocate for themselves. At the the following word counts: they said, “Oh, write whatever you want!” same time, we need to be aware of the Such definite direction has, indeed, been challenges faced by our members, both on * Major Law-Related appreciated. I can’t ever remember a law and off the bench, and develop strategies Articles: 2,000 words school professor giving me such a broad- that will help our members meet the * Other Law-Related based direction. challenges they face, whether those Features: 1,500 words But, in any case, I thought that I challenges are professional or personal. * General Interest: 1,500 words would use these precious inches to talk We cannot neglect one population to * Fiction: 1,000 words about some of the issues that challenge us, benefit the other; to do so guarantees that * Practice Areas: 750 words and some of my interests and activities (a we will fail on both accounts. I believe that * Essays or Humor: 750 words little bit of this, a little bit of that). With our success as an Association demands * Book Reviews: 750 words any luck, I will be able to blend these that we keep in mind the formula for any disparate topic lines into something that is good recipe: “a little bit of this, a little bit For more information, both coherent and mildly interesting. of that.” e-mail: [email protected]. Some of the things that give me the During the coming year, you will see most enjoyment are cooking, architecture, a continued focus on creating a recipe for design, theatre (especially musical success within the Association. If we put theatre), classical music, and art and in just the right ingredients, breaking a few photography. I’ve realized that each of rules once in a while, I’m confident that

the philadelphia lawyer Winter 2020 7 Letter Regarding the Summer 2019 From the Editor “Race and the Law” Issue’s “Complicity” continued from page 6 Feature taxpayers when such patients neither have, nor could afford private health RE: “Complicity,” by M. Kelly Tillery, that represents raw cruel power over the insurance. In addition, early diagnosis The Philadelphia Lawyer, Special Issue: rule of law. Almost every abuse you read with a better prognosis inures to the Race And The Law, Vol. 82, No. 3, about in the paper, from the Wall Street benefit of both the patient, who could Summer 2019 crimes to the opiates, to the Boeing 737 continue working and providing for Max, and much more, lurking behind it his or her family, and to society, since “Mr. Tillery, thank you very much for and enabling it and helping to cover it up a working patient contributes to the tax sending this. It’s right on! Our profession is a corporate lawyer. Look what they’ve base and saves the public the costs of needs to be subjected to a great deal of done to the law of contracts. They’ve welfare and disability payments, which excoriation. It’s too smug. It operates on weakened the law of torts and destroyed invariably become necessary for poor/ myths, camouflage, plausibility. I’m going the law of contracts by one-sided standard less financially well-off patients with to send you four articles I’ve written that form contracts and then prohibit people advanced cancers. touch on a lot of this by mail. I’m a print from going to court under compulsory person. But if you could produce a 8-900 arbitration, unilateral modification. You Emmanuel O. Iheukwumere (lawyer@ word piece for the Harvard Law Record, got a great opening here, thank you!” emmanuellawfirm.com), founder of the nation’s oldest law school newspaper, Emmanuel Law Firm, LLC, is editor-in- and is online as well and seen around the Ralph Nader chief of The Philadelphia Lawyer. country, I’d really appreciate it. If you Center for Study of Responsive Law want to do that and summarize this article Washington, D.C. and whatever else you want to add in 8-900 words. Thank you for writing this. As you know there’s a lot more that can be written about what lawyers have done during, before and after slavery. Whole books can be written on this. This is a profession

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8 the philadelphia lawyer Winter 2020 ETHICS By DANIEL J. SIEGEL Let’s Be Friends (But What About Friending Judges?)

Image by mohamed Hassan from Pixabay

hen it comes to social issue in 2014, in Formal Opinion 2014- interactions that may be interpreted as media, it seems that 300 (“Ethical Obligations For Attorneys ex parte communications concerning Weverybody wants to Using Social Media”), in which the pending matters or matters that may be friends with and committee concluded that a lawyer may appear before the court, including a judge connect or link with everyone else. While not ethically connect with a judge on who participates in electronic social that may be easy with former classmates social media if the lawyer intends to media.” This comment does not address, and others, it isn’t as simple when the influence the judge in the performance of however, friending judges. person whom you want to friend, or who his or her official duties. From the flipside, The situation can be awkward. For is asking you to be your friend, is a judge. the committee concluded that attorneys example, I have known one Pennsylvania Not just any judge, but a judge before may ethically connect with judges on appellate judge for decades, socially and whom you appear or may appear. Can you social networking websites provided the professionally. In another instance, I have be a “friend” of that judge? purpose is not to influence the judge. been “friends” with multiple attorneys The answer isn’t simple, particularly The committee cautioned, however, that who were appointed or elected to the in a state like Pennsylvania, where judges attorneys who connect with judges may bench. Out of a sense of conservatism, in are elected and seek donations from create an appearance of bias or partiality. every case, I “unfriended” the judge, with lawyers for their campaigns. In addition, The Pennsylvania Rules of the hope that if the judge discovered my many lawyers knew judges before they Professional Conduct do not prohibit conduct, they would not hold it against became judges, and some of us have had lawyers from connecting with judges, me, or my clients. decades-long relationships with judges. nor do the Model Rules upon which What is an attorney or a judge to do? As a result, the question of what type of Pennsylvania’s rules are based. The To provide additional guidance, connections are appropriate for lawyers Pennsylvania Rules of Judicial Conduct the American Bar Association Standing and judges is not easily answered. are also silent upon the issue, except Committee on Ethics and Professional The Pennsylvania Bar Association for Comment (4) to Rule 2.9 (“Ex Responsibility issued Formal Opinion Committee on Legal Ethics and parte Communications”), which states, 488 (“Judges’ Social or Close Personal Professional Responsibility tackled the “A judge shall avoid comments and Relationships with Lawyers or Parties

the philadelphia lawyer Winter 2020 9 as Grounds for Disqualification or “social media … friends” by noting in in which the Florida Supreme Court Disclosure”) on September 5, 2019. In a footnote that: “Social media, which is held “that an allegation that a trial judge the opinion, the committee concluded that simply a form of communication, uses is a Facebook ‘friend’ with an attorney Rule 2.11 of the Model Code of Judicial terminology that is distinct from that appearing before the judge, standing Conduct identifies situations in which used in this opinion. Interaction on social alone, does not constitute a legally judges must disqualify themselves in media does not itself indicate the type of sufficient basis for disqualification.” proceedings because their impartiality relationships participants have with one In reaching this conclusion, the court might reasonably be questioned, including another either generally or for purposes of explained that “the mere existence of a cases implicating some familial and this opinion. For example, Facebook uses Facebook ‘friendship,’ in and of itself, personal relationships. The opinion noted the term ‘friend,’ but that is simply a title does not inherently reveal the degree or that the Model Code of Judicial Conduct employed in that context. A judge could intensity of the relationship between the is silent about the obligations imposed by have Facebook ‘friends’ or other social Facebook ‘friends.’ … the mere existence other relationships. media contacts who are acquaintances, of a Facebook ‘friendship’ between a The opinion ultimately concluded friends, or in some sort of close personal judge and an attorney appearing before the that judges are not required to disqualify relationship with the judge. The proper judge, without more, does not reasonably themselves if a lawyer or party is an characterization of a person’s relationship convey to others the impression of an acquaintance, nor must they disclose with a judge depends on the definitions inherently close or intimate relationship. acquaintanceships to the other lawyers and examples used in this opinion.” No reasonably prudent person would or parties. Whether judges must In short, a Facebook friend is different fear that she could not receive a fair and disqualify themselves when a party from a judicial acquaintance, friend, or impartial trial based solely on the fact that or lawyer is a friend or shares a close person with whom a judge has a close a judge and an attorney appearing before personal relationship with the judge or personal relationship. After that point, it is the judge are Facebook ‘friends’ with a should instead take the lesser step of ultimately up to the lawyer and judge to relationship of an indeterminate nature.” disclosing the friendship or close personal determine what to do. In short, there is little guidance. But relationship to the other lawyers and There is one easy solution that avoids a prudent judge, and an equally prudent parties, depends on the circumstances. the entire “Facebook question”: Judges attorney, can avoid scrutiny by merely Finally, judicial disqualification in any and lawyers should avoid friending, declining to be friends online. of these situations may be waived in linking, or otherwise connecting with each accordance and compliance with Rule other on social media. Doing so avoids 2.11(C) of the Model Code. the situation in Law Offices of Herssein Daniel J. Siegel, a member of the Board of Further clouding the issue, the and Herssein, P.A. vs. United Services The Philadelphia Lawyer, is the principal opinion distinguished “friends” with Automobile Association, No. SC17-1848, of the Law Offices of Daniel J. Siegel, which provides appellate, writing and trial preparation services to other attorneys, as well as ethical and disciplinary guidance. He can be reached at [email protected].

■ IN MEMORIAM ■

Donald Dupler Jr. Aug. 31, 2019, age 71

Martin Heller Dec. 5, 2019, age 89

Carmen C. Nasuti Nov. 6, 2019, age 74

Please send In Memoriam notices to [email protected].

Have you considered a contribution to the Philadelphia Bar Foundation in memory of a de ceased colleague?

For information, call Jessica Hilburn-Holmes, executive director, at 215-238-6347.

10 the philadelphia lawyer Winter 2020 ANNALS OF JUSTICE

CHRONICLE OF THE SILVER FOX

By Steve LaCheen decisions as to strategy; and he ooking back 40 years, I do not recall why attorney Harold Levy chose to would be the ultimate authority refer to me Ralph D., one of five clients of his caught in a DEA drug sting as to how the case would play Linvolving a kilo of cocaine. I knew Levy only by his reputation for having out in the long run. I told Mr. Raiton that, regardless been removed as counsel in a contested divorce case when the judge learned he had of whatever arrangement he become romantically involved with his client. As to the matter which prompted the had with his co-defendants, I call, Levy advised he would be representing the lead defendant, Ronald Raiton, would have to assure myself and was scouting for counsel for Ralph and the others. From our discussion, the that whatever decisions Ralph made would be made with full case seemed to present a viable argument for suppression of evidence, as well as knowledge of all facts, and a respectable fee, and I told Levy I was happy to oblige and looked forward to were not only made voluntarily meeting my potential client, to be assured that the referral would be as acceptable but were in his best interests; to him as it was to me. all of which I said I would be discussing with Attorney Ralph showed up for our meeting, accompanied by Levy’s Levy to be certain that it was client, Raiton. After advising both that I was uncomfortable understood that I was representing Ralph as an individual. discussing the matter with Mr. Raiton in the absence of his At that point, Raiton told me that he had a master plan that attorney, and because I had no clue at that moment whether the would keep everyone in the cocaine case out of prison. He knew matter would proceed to resolution with all five defendants still he could give the government a prize they had been seeking for in lock-step, I thought it best to postpone any such discussion years: the prosecution of someone tied to the Philadelphia Mob pending clarification of those potential conflict issues. Although for involvement in illegal drug activity. He intended to create somewhat nonplussed, Ralph gave me the requested retainer and the largest methamphetamine organization ever, to attract one said he would wait my call to reschedule. Raiton said nothing of the big-name local mobsters, and then trade that information before they left; but 10 minutes later he was back in my office, and cooperation for a key to the prison for himself and his co- alone. defendants in the cocaine case. He didn’t like the fact that I had suggested that there was I held up my hand to stop him from continuing and advised even the slightest possibility that any of the defendants might him that if he was telling me that he was going to commit an develop an individual agenda somewhere along the way; and offense, or how he planned to commit an offense in futuro, it besides, he wanted to be sure I knew that he was the real client. would not be a privileged confidence, and he should keep He was paying for everyone; he would be making all the critical any such thoughts to himself. He smiled and asked if I now

the philadelphia lawyer Winter 2020 11 [Ralph] handed it back and said, “No thanks. I think I just got the best advice I ever received, and it would be cheap at twice the price.”

understood that he was the real client, because it was only Raiton’s plans, probably not under any circumstance. I said I through his efforts that he could save the other four, and he would refund the retainer so he could retain other counsel. He needed everyone to follow his directions to the letter or they asked for my advice as to what he should do, and I said he should would all end up in prison. That was why, he said, standing up do whatever he had to do to avoid stepping into the quicksand, to leave, that future meetings would include all clients as well as and I handed him the envelope with the cash retainer. any attorneys who would be available. He handed it back and said, “No thanks. I think I just got The minute the door closed behind him, I called Ralph the best advice I ever received, and it would be cheap at twice and told him I had to see him as soon as possible, alone, and the price.” in confidence, and not to speak to anyone before we spoke. We We shook hands and he left. After advising Levy I could met in the restaurant two floors above my office, and I told him not represent Ralph subject to Raiton’s rules, I had no further that, in my opinion, he and his co-defendants in the cocaine case contact with that case. were going to be sold out down the road by their leader to save About two years later, I received a call from Attorney Levy, his own skin. Whether Raiton’s grand plan bore fruit or not, he who informed me that he and four of Raiton’s associates had was going to become a cooperator with the government, and that been indicted on charges of importing a 55-gallon drum of would require him to “come clean” with everything he knew phenylpropanone, or P2P, a chemical used in the manufacture about everybody; and “everybody” would necessarily include of methamphetamine, from West Germany by way of Canada, Ralph and the others, none of whom would have known of and asked me if I would represent him on those charges. The Raiton’s cooperation agreement or been protected by it. government’s chief witness was his former client and associate, Since Ralph, not Raiton, was my client, I explained to him Ronald Raiton. My immediate reaction was that I would have to why I could not continue to represent him under the conditions be certain that there were no conflict-of-interest issues arising set down by Raiton and, considering what I now knew of from my prior brief representation of Ralph D.

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12 the philadelphia lawyer Winter 2020 The “Silver Fox,” as Raiton had taken to referring to himself,

had accomplished his goal.

“No problem, there,” said Levy. “Ralph’s not in the case; he early crew—I represented Harold Levy, who was charged with wasn’t even charged.” providing legal and extra-legal services to facilitate Raiton’s Raiton had in the interim done exactly what he said he would. importation of 55-gallon drums of P2P into the United States. He had created the largest, most successful methamphetamine The evidence was overwhelming—Raiton’s surreptitious operation in anyone’s memory, while cooperating with the recordings of his associates were impossible to dispute—and government. What Ralph had done was to take my advice to all five defendants were convicted and sentenced, Levy to five separate himself from Raiton and his co-defendants. Following years. their convictions in the cocaine case, he did not join in the In the second round of cases, all guilty pleas, I represented appeal but surrendered to serve his sentence. He had been in Bobby F., a lower-level meth dealer who had been caught in a custody during the entire relevant time, and that had saved him single transaction. His case was resolved by a negotiated guilty from being charged in the P2P. The other members of Raiton’s plea for a sentence of probation. And then there was the third old “crew,” including my new client, the lawyer Levy, were in case, which initially involved about 30 defendants, including due course tried, and convicted, based upon the testimony of Raiton’s former intimates, friends, hangers-on and girlfriends, Ronald Raiton. most of whom would eventually pleaded guilty. The “Silver Fox,” as Raiton had taken to referring to The collection of those defendants assembled for their himself, had accomplished his goal. After his proposal to initial bail hearings before a federal magistrate resembled become an undercover operative had been rejected outright by nothing so much as the tableaux vivant of an international the Drug Enforcement Administration agents because they saw fashion show, a collection of glitterati lacking only paparazzi. him as their ultimate target, Raiton rewrote the playbook. After Raiton had, pursuant to his cooperation agreement with the being convicted in the cocaine case, and while making millions authorities, turned on and turned in everyone with whom he had in the importation and sale of P2P and the manufacture of meth, any relationship, including two girlfriends, each unaware of the Raiton found friendly government law enforcement agents to existence of the other. My new client, Roman Smolen, had been whom to sell his services. Rejected by the DEA, he looked for the captain of Raiton’s yacht, the Antares, which the government and found a home with the Federal Bureau of Investigation. claimed had been used to transport P2P from the Bahamas to Raiton knew, from former “K&A Gang” burglars, with Miami. whom he had been involved in the meth business, that some of That trial, referred to as “Raiton III,” followed the two the local mobsters wanted in on the lucrative enterprise. They earlier trials and two years of defense investigative efforts that had no access to either the required raw materials or the know- had uncovered a bumper crop of material with which to impeach how to create the finished product; but they did have the money Raiton, including the fact that the government had permitted and they did have an available distribution/collection network. Raiton to send several million dollars out of the country to some Raiton had the knowledge and the ability to import P2P. So, it banking safe haven in Europe even though his wife was suing was a marriage made in Hell, one in which the mob, or at least him for back child support. He had sold his condominium and one of its capos, Raymond “Long John” Martorano, was very furniture in Florida to one of his FBI handlers at less that bargain much interested. prices; and he had committed several other violations of FBI Raiton promised the FBI agents that he could deliver Long informant protocol, including making a $50,000 loan to a former John on a silver platter, and they bought his proposition. Not assistant U.S. attorney. The defense was well prepared to cross- only did he deliver as promised, he delivered 10 times over what examine Mr. Raiton. he promised. Ultimately, Ronald Raiton was responsible for the It would be superfluous to try to capture here the daily sturm prosecution and conviction of over 40 people. But that was later. und drang of that jury trial, in which the nine holdout defendants In the beginning, there was Raiton and Long John, the last days were confronted with the overwhelming evidence compiled of the K&A burglars turned meth cookers and distributors, and against them by their erstwhile leader, Raiton—corroborated the ensuing legal pyrotechnics that were created as the result of by his latter day cohorts in the Philadelphia Police Department the singular efforts of the Silver Fox. Martorano had taken the Drug Task Force and the newly minted FBI Drug Squad. Suffice bait, and Raiton had trapped him and their K&A intermediary, to say, the trial itself proceeded at a frenetic pace over a period and both were caught red-handed. Raiton’s role as undercover of several months. operative was revealed, and the government indicted 40 of his I do not recall much of the day-to-day testimony. What I do associates for their activities on his behalf. recall were two incidents when I was able to score significant I represented one of the defendants in each of three “Raiton admissions from a major prosecution witness, which clearly trials.” In the first case—the prosecution of Ronald Raiton’s affected the jury’s perception of their credibility.

the philadelphia lawyer Winter 2020 13 Why, I wondered. It couldn’t be that the government had gone to bat for him because he had not yet been cooperating with the government. So, why?

The first occurred during the cross-examination of Lt. I asked him if he had made the same promises to the New John Wilson, the leader of the so-called “Five Squad,” the Jersey state court judge before whom he had pled guilty for the Philadelphia narcotics officers who had been instrumental in food stamp fraud at a time when he was already engaging in the working with the recently formed FBI Drug Squad, which had conduct that landed him in federal court in Philadelphia in the no prior experience investigating and prosecuting drug cases. Lt. cocaine case, and he responded in the affirmative. On further Wilson had taken a particular interest in working with Raiton, probing, he admitted, almost gleefully, that he had lied under and there was some suspicion that he had probably squeezed oath almost every time he had the opportunity to do so, “until some personal benefit from the arrangement. now,” that is. Wilson testified to the execution of a search warrant at I had gotten from Raiton as many admissions as I would Raiton’s apartment and acknowledged preparing the inventory need to make my final argument, but I wanted one more, so I listing of the various items seized, which included a Glock returned to his prior courtroom falsehoods. pistol. But the government had not turned over a corresponding I had obtained a transcript of Raiton’s sentencing in the New property receipt. I subpoenaed the property receipt, which, upon Jersey fraud case, in which he had sworn to the judge that he had production, was revealed to be an after-the-fact falsification. On been living a crime-free life, and I wanted him to admit that he cross-examination, Lt. Wilson admitted that he had taken the had already been engaging in the criminal conduct leading to his gun for himself, with Raiton’s blessing. It wasn’t the proverbial conviction in the cocaine case when he made those statements— “smoking gun,” but it served to illustrate for the jury one more and had never suffered any punishment therefor. So, I asked him way in which Ronald Raiton had corrupted the law enforcement if he had been brought back before the judge in New Jersey for agents into serving him rather than the other way around. violating his probation after he had been convicted in the federal The second incident of successful cross-examination cocaine case. Raiton admitted he had, in fact, appeared before involved the Silver Fox himself. Raiton testified as expected, the judge in New Jersey, and that his probation in that case had and each defense counsel then cross-examined him. Most of not been revoked, and he had never been sentenced for violating the examinations followed the usual pattern—concentrating on his probation. the informant’s own offenses, the extent of his ill-gotten gains, Why, I wondered. It couldn’t be that the government had the enormous long sentence he was facing, and his expectation gone to bat for him because he had not yet been cooperating of leniency in return for his cooperation—for all of which the with the government. So, why? And then it hit me. federal prosecutors had “prepped” Raiton to expound on his “You bribed that judge, didn’t you?” I asked. newly found path to morality on the side of the angels. The ensuing silence was palpable. Raiton opened his mouth When it was my turn to cross-examine Raiton, I did not as though to deny the accusation, then closed it and just sat there, want to rehash what had been accomplished by other counsel, silent, until the judge directed him to answer. so I took a different tack. I confronted Raiton with a number of “Well,” said Raiton, “I can’t say for sure, but that’s what my instances in which he had previously signed a document under lawyer said the additional $25,000 was for.” oath in which he made a promise that was either false when Bingo! It didn’t make any difference whether the judge made or false as a promise intended to be broken. actually ever received the bribe; what the jury next heard was I started with some simple documents, such as his signature Raiton’s version of what the lawyer had told him about when acknowledging bail conditions in connection with his original and to whom the payment was made, and how Raiton believed arrest on the federal cocaine charges several years earlier, each that it was with that payment he had bought his way out of a of which conditions he grudgingly admitted he had violated, jail sentence in that case. And now, he was trying to do exactly as well as similar conditions of his bail pending appeal in that the same thing, not just by legitimate cooperation with the case. I also cross-examined him with regard to false statements authorities, but with the bribes with which he bought his way he had made in connection with various applications filed with into the FBI, and the gifts and below-market bargain sale of his the state, with his landlord, with credit card applications, and, Florida condo, the gift of the firearm to Lt. Wilson, the $50,000 then, most important, his signature on his acknowledgment of loan to a former assistant U.S. attorney, etc. In other words, this the conditions of his probation following his New Jersey state was just another stitch in the same pattern. conviction a half-dozen years earlier for engineering an illegal We had a field day with our closing speeches to the jury; food stamp scheme. I questioned Raiton about promises he had and the jury reciprocated in the only way they could: by made under oath to the federal judge that he would not commit acquitting the defendants. When the formal proceedings were another crime if granted bail on appeal, which Raiton cheerfully concluded, the jury foreperson sent a note to the judge asking and brazenly admitted. if it was permissible for the jurors to invite him and all counsel Then, for no apparent reason, he threw out the line, “Isn’t to a celebratory drink at a nearby restaurant. The judge said he that how it always goes? That’s how it always went for me. But would not attend, but counsel were free to do so, if they wished. those promises are really hard to keep counselor.” And we did indeed.

14 the philadelphia lawyer Winter 2020 We had a field day with our closing speeches to the jury; and the jury reciprocated in the only way they could: by acquitting the defendants.

Over drinks and snacks later that afternoon with the defense had themselves been convicted of extorting money from drug attorneys who attended (no prosecutor showed up), the woman dealers and related offenses, then ex-Lt. Wilson referred to me who had been the foreperson told us that none of the jurors one of his squad members on whose behalf I obtained a reduction liked Raiton from the beginning, and, as the trial when along, of his sentence. That, however, is a story for another day. they came to see him as “a Godless man,” whose word would Raiton, too, had “another day.” After completing his never be received as being truthful, let alone sufficient to convict sentence on the cocaine case, and salting away his ill-gotten someone of a crime and take away their freedom. gains offshore, he returned to the United States, and some years I never saw my client or any of the other defendants in later became involved in a murder-for-hire conspiracy and the Raiton III again, but there were several interesting developments use of a helicopter to airlift a lifer to escape from prison in in the aftermath of that trial: California. He was able to play the double agent card again and First, the judge, on his own, scheduled a hearing for the avoided going to prison again. I was contacted by an attorney five defendants who had been convicted in Raiton I, including representing the defendant against whom Raiton was the chief my client Levy. The judge made a statement on the record that witness, and I provided him with as much information as I had, he believed the government had been guilty of misconduct in and I believe it helped him negotiate a satisfactory plea for his their dealings with Raiton, and he invited defense counsel to client. submit motions for reconsideration. We did, and he reduced the I never heard anything further about Ronald Raiton. I sentences of all five defendants—Levy’s to time served, freeing assumed that the Silver Fox had gone to ground. I never had him on the spot. sufficient interest to find out for sure . . . until now, that is. Second, about a month later, I received a phone call from According to Google, he is 84 and living in San Francisco under one of Raiton’s FBI handlers, who informed me that Raiton was an assumed name. having a problem with U.S. Probation on his federal conviction in the cocaine case, and he wanted to retain me to represent him in that matter. I declined the invitation. Steve LaCheen ([email protected]), a partner with Third, another word about Lt. Wilson and the Five Squad: LaCheen, Wittels & Greenberg, is a member of the Editorial several years later, after Wilson and five members of his squad Board of The Philadelphia Lawyer.

the philadelphia lawyer Winter 2020 15 BLUE OVER BLUE

By David I. Grunfeld

overturn the Blue case, and by July 1993, such a law was any states have within their child passed and signed by the governor, effectively reversing Blue. support statutes a provision requiring Then, in reaction to it, litigation exploded across the state as to what should be included in an order (tuition, room and board, parents to contribute toward college books, etc.), and some courts issued guidelines as to closed M cases, pending cases, actions for retroactivity, etc. expenses, to differing extents. Pennsylvania does Along came Mr. Philip Kline, whose lawyer argued that not. Here’s the story. the new statute, which required divorced, separated, or never married parents to be liable for college expenses, was an Since the 1920s, Pennsylvania courts, up to the Superior unconstitutional violation of equal protection, because parents Court, had called for the duty of parents to pay educational in intact families were not liable for contribution. expenses for their children—based upon past practice, ability The Pennsylvania Supreme Court agreed in a decision to afford it, and other factors. issued October 10, 1995, called Curtis v. Kline, so now, there This was premised upon general language in the child was no duty in Pennsylvania for a parent to contribute toward support statute, albeit nothing specific as to post-secondary college expenses for a child who had reached majority. costs, and upon the common law, but was, over time, extended Back went the family lawyers to the legislature, but the to college or vocational school beyond high school. Hence, Pennsylvania lawmakers were unwilling to make parents in practitioners took that duty into account in negotiating and intact families liable for college, thinking that it would result litigating child support and post-nuptial agreements. in children reaching majority and suing their non-separated Then, out of the blue, so to speak, along came a man named parents for college expenses. Ronald Blue, who was sued by his son for contribution toward So here we are, almost 25 years later, in a state in which college expenses. After an order was entered against him in there is no longer any statutory requirement for parents in any Lehigh County Family Court, he appealed to the Pennsylvania relationship to pay for any college expenses. Such a duty is Superior Court, which upheld it. He then appealed to the sometimes negotiated as a contractual obligation, and upheld Pennsylvania Supreme Court, which, in an opinion issued on by the courts if so done, but there is no leverage other than November 13, 1992 that shocked family lawyers, held that moral suasion and affordability to accomplish that. there was no statutory parental duty of support for a child after An interesting bit of history and state of affairs. the child reached age 18 or graduated high school, whichever came last. David I. Grunfeld ([email protected]), of counsel Immediately, the Philadelphia and Pennsylvania Bar to Astor Weiss Kaplan & Mandel, LLP, is a member of the Associations started drafting a statutory amendment to Editorial Board of The Philadelphia Lawyer.

16 the philadelphia lawyer Winter 2020 Global War at the Trolley Diner By Allen J. Tillery

he university bus stopped at the comer of Highland Road and Chimes Street. The driver opened theT door and a boy carrying a small overnight bag stepped down onto the street. The driver closed the door and the bus proceeded through the university gates down Highland Road into the campus.

He was quite young, maybe 20 years old. who, as captive customers, assured their carefully placed on the lot facing Highland His crew cut, his bearing and his deep tan success. Road. It had been refurbished and appeared marked him as one returning from long The boy looked to his right back to- to be a new, recently painted conveyance hours in the open air and a tropical sun. ward the city searching for the diner where minus the electrical wires required to pro- The boy placed his bag on the curb he had worked as a waiter three years be- pel it across the town. and looked around as if looking for fa- fore. The weather was cold and damp, and A long serving counter ran the length miliar places that he had once known. He lights were beginning to shine in the store of the car with stools placed at intervals to observed the campus gates through which windows. It would soon be dark. accommodate the diners. Two small build- he had departed three years before heading He turned and began to walk a familiar ings had been erected across the rear that for the United States Marine Corps. After path that he had often trod on cold nights housed the kitchen and a small storeroom. 30 months in the Corps, 20 of which had such as this. Suddenly, he realized that the It was a quaint and appealing structure. A been spent in the Pacific helping Admirals corner he had known so well was dark. As precursor of Disney World before Mickey Nimitz and Halsey seek our revenge for he drew closer, he could barely make out and Minnie deserted the funny pages for Pearl Harbor, he was again back to LSU to the words “The Trolley Diner” on the faded the theme park. continue his aborted quest for knowledge. and unpainted sign. The building was va- The sign in front proudly and redun- He looked up and down Chimes Street, cant. It was dark and unkempt and dismal, dantly proclaimed that it was “The Trolley the main drag through Tiger Town—the so unlike the gay lighted cafe that he had Diner.” two theaters, the pool hall, bookstores and left three years before. The Trolley was a student’s paradise. assorted food emporiums that daily opened The Trolley Diner was just what its It was home cooking—blue plate specials, their doors to the thousands of students name proclaimed. It was an old trolley car sandwiches and all for 35 cents. It was

the philadelphia lawyer Winter 2020 17 The students who took their meals at the Trolley were regulars. They were mostly students on a limited budget and who considered a plate of meatloaf, mashed potatoes and green beans a culinary delight at 35 cents a crack.

Mom's cooking in a warm and friendly at- He sat motionless, quietly thinking of Old Martin. Says he is driving a tank for mosphere. Where else could one dine in a friends and times past. A faint light seemed General Patton in North Africa.” trolley car without paying the motorman a to shine through the dirty windows. He Mr. Sully smiled, “Can't imagine Mar- dime? nodded. The trip from home on the Trail- tin driving a tank. His dad wouldn’t let him Mr. and Mrs. Sullivan were the owners ways Bus had been tiring. He closed his drive that new pick-up that he bought just and proprietors of the business. Mr. Sully eyes again. Faintly, he could hear the rattle before Martin shipped out.” ran the front operation and handled the of pots and pans—of glasses being filled “Hell, Mr. Sully, you can't bend a fend- money. Mrs. Sully and two assistants ran with water and the soft laughter of boys and er on a Sherman tank. He said that he ran the kitchen. Student waiters took the orders girls. He nodded again. He could see wait- into Rob Mathis in London. Rob is in an and dispensed the food. ers moving about as the light grew brighter. A.A. outfit. Told Old Martin that he could Mr. Sully was a kind man who could The sounds became real. He listened in- knock down an M.E. 109 from 15,000 feet. always produce a five-dollar bill for a stu- tently, unable or maybe not wanting to dis- Some stuff! Without glasses he couldn't hit dent whose check from home was late or tinguish between fact and illusion. a bull in the ass with a bass fiddle!” who was just plain broke. The door opened and a young boy A customer stopped at the cash regis- Mrs. Sully had a sharp tongue but walked into the diner. "I’m late Mr. Sully. ter to pay his check. Mr. Sullivan handed could always add an extra slice of roast That English test was long and tough. Hand him his change saying, “Tom, last week I beef or add an extra piece of meatloaf to a me an apron and I'll catch up." received a note from Morgan Ledet, your waiter’s lunch if he appeared to be under- The older man handed the boy an old roommate. He sent me two 10-dol- nourished. apron, and as the boy turned away, he said, lar bills to repay a small loan that I gave The boy’s brother, Jim, who had joined "Have you heard from Jim lately?" him last summer. It was in a dirty little the Corps a year before he did, had worked “Not much, Mr. Sully, my mother had brown envelope. Said he was somewhere at the diner while at the university. When a letter two weeks ago. He can’t tell us in New Guinea with MacArthur. Couldn’t the boy arrived at LSU in the fall of '42, where he is. The Raiders left Guadalcanal say where. Can you imagine him doing that he went to see Mr. Sully and, with Jim’s about a month ago. She thinks that he may with all he has to worry about? It was good recommendation, was hired to work at the be in the fighting on Bougainville. She has to know that he was O.K.” diner. He worked one shift each day and re- a big map, Mr. Sully, and she tries to follow The door opened, and a girl walked ceived his meals in lieu of a salary. It was a him around the Pacific by reading the pa- in and sat down. She put her books on the fair exchange. pers and listening to the news on the radio.” counter and just stared at the wall. Mr. Sul- The students who took their meals at “How is she doing?” livan handed her a glass of water. “Hi, Mar- the Trolley were regulars. They were most- “O.K., I guess, Mr. Sully. She tries cie! Haven't seen you all week.” ly students on a limited budget and who not to worry, but I know that some nights “I went home for a few days, considered a plate of meatloaf, mashed po- she doesn't sleep. She knows that the Ma- Mr. Sully.” tatoes and green beans a culinary delight at rine Raiders don’t get the easy ones. We all “Good! How are things in Monroe?” 35 cents a crack. They all knew each other worry about her.” “Just fine, Mr. Sully.” and had similar problems and experiences, The boy moved away to take an order. “Did you see Myra Ann, Marcie? all of which they brought to the Trolley at “Two number ones—meatloaf for liver on How's the new baby?” meal times: grades, term papers, good and one, and hold the gravy on the other.” “The baby is fine, Mr. Sully. She is bad professors, girl and boy problems and, Someone put a nickel in the jukebox four months old and getting cuter every lately, the War and its consequences. and the soft tones of Ginny Simms filled day.” The boy stood for a while, looking at the diner: “How is Herbert, Marcie? Has Myra the old trolley car. It was quiet now, dusty Ann heard from him lately?” and dirty and in need of repair. He sat down There will be blue birds over the The girl did not answer. She stared at on an old iron bench in the front yard, a white cliffs of Dover tomorrow just the wall. Then slowly turning she whis- relic of better days when suntanned bare- you wait and see. pered, “Herbie is gone, Mr. Sully.” legged coeds sat there anxiously awaiting “What do you mean, Marcie? Where the arrival of a boy. There will be love and laughter and did he go?” It was dark now. The streetlights were peace ever after tomorrow when “He is dead, Mr. Sully. Herbie is dead.” on, and the neon sign from Baker’s Cafe the world is free. “My God, Marcie. Not Herbie!” across the street cast flickering shadows Suddenly, the diner was quiet. The across the windows of the old trolley car. “Hey, Mr. Sully, I got a v-mail from news passed swiftly down the counter. The

18 the philadelphia lawyer Winter 2020 Strong words from a generation that had a national apoplectic fit when Rhett said to Scarlett, “Frankly, my dear, I don’t give a damn!”

laughter subsided and everyone turned to Little Johnny will go to sleep in his boy became a man, the years passed one look at the girl. own little bed once more. by one, and in his private moments, he “How Marcie? Why Marcie?" thought of the old trolley—of Martin, Mar- Almost as if she were delivering the The girl sobbed softly, “He never even cie and Myra Ann and her baby. Mostly, his evening news, Marcie turned to look at the saw his baby, Mr. Sully. Herbie never even thoughts were of Herbie, whose life ended other diners, hesitating to speak as if the saw his daughter.” in a single blinding moment when a Japa- news remained a secret it might not be true. Suddenly, a tall slender boy at the end nese Zero came out of the sun high above She finally spoke in soft but measured of the counter stood up and banged his fist a long-forgotten island in the Pacific. He tones, “Myra Ann got a telegram from the on the counter, and in a loud and furious wondered if anyone ever remembered Her- Navy two weeks ago. Then, yesterday she voice shouted, “God damn those Japanese bie. Myra Ann perhaps. He wondered if received a letter from a pilot on the Enter- bastards. When I get out there, I am going anyone ever recalled that one awful night prise. She made a copy for me. She knew to kill every one of those Japanese sons of when he and Myra Ann and their baby were that all of you would want to know.” bitches that I can find!” the center of the universe for their friends She opened her purse and pulled out a Strong words from a generation that at the Trolley Diner. single sheet and read: had a national apoplectic fit when Rhett The boy, now a man in the autumn of said to Scarlett, “Frankly, my dear, I don’t his life, concluded that one night was not I was Herbie’s wingman. We give a damn!” sufficient. Herbie deserved more. With left the carrier before down All along the counter, not a soul these few words, the boy felt that some- and arrived over the Marshalls winced at such excessive bravado. They all how, he had made up for all of the years in as the sun came up. We made knew that the tall boy would leave for Pen- which Herbie and Myra Ann and their baby two runs over Kwajalein Is- sacola next week for naval flight training. were forgotten. land. Herbie and I dropped If he learned to fly a fighter plane off a car- our bombs on a Japanese air- rier as a navy flier behind four 50-caliber field and as we pulled away machine guns, he just might carry out that Allen J. Tillery (1925-2017) was a Loui- from the island to head home threat. siana Lawyer, author, banker, and commu- a Japanese Zero [a Japanese A university bus came to a screech- nity leader. He served as a Japanese inter- fighter aircraft] came out of ing halt at the corner across from the diner. preter in the U.S. Marine Corps in WWII the sun and sliced into our for- The boy on the iron bench looked up, jolt- and wrote of his experiences in his book, mation. He hit Herbie’s plane ed from his reverie by the noise. He knew “Well and Smartly Done”(CreateSpace, with both of his guns. Herbie that he had been resting for a bit—think- 2017). fell out of formation and start- ing, dreaming. The old trolley car was still ed to smoke. I followed him there, dark and foreboding. It is easy to down and his plane exploded imagine what one desires—to dream if the when it hit the water. I flew wish is there. over the spot several times but The boy picked up his bag and walked could see no survivors. I’m so up Highland Road. He never looked back. sorry, Myra Ann, we just didn’t As he walked through the campus see the Jap. He came right out gates, the bells of the Campanile tolled the of the sun. The Admiral sent a hour of seven as if to welcome the return sub out but they could not find of a native son. He thought that he might anything. That is all that I can try to find OId Martin or Marcie and Myra say. May God bless you and Ann. Maybe look them up. He had their the baby. home addresses somewhere in his seabag at home. But he knew in his heart that he Lt. Peter Sturgis would never do it. His was a new world. He had survived. No one spoke. The diners were quiet. The university and all that it had to offer Their food grew cold as they sat in silence. was there before him. He had no time for Ginny Simms was singing, the past. And yet, as he grew older, as the

the philadelphia lawyer Winter 2020 19 the smoking text: How to Authenticate Text Messages and Social Media in Child Custody Litigation By Meredith Brennan

t happens to family lawyers more and more frequently: you’ve just terhead can be stolen. In re F.P., 878 A.2d cleaned out your email inbox, only to be bombarded with dozens of at 95. Iscreenshots of text messages between a client and her ex. You are Thus, notwithstanding the unique aspects of electronic communications then tasked with determining: (a) whether any of the text exchanges are and social media evidence, Pennsylvania relevant for purposes of the upcoming custody litigation; (b) if so, how courts have held that these communica- to print them out in some legible format; and (c) how to authenticate the tions can be properly authenticated within text messages for evidentiary purposes. Surprisingly, the most challenging the existing framework of Pa.R.E. 901 and appellate case law. In the case of In re F.P., aspect of this exercise may be printing the texts! 878 A.2d 91, the court addressed the au- thentication of instant messages where the According to the Pew Research Center, communications or social media, but we defendant was accused of threatening the texting is the number one method of com- can look for guidance in several appellate victim via instant messages. The Common- munication for Americans under the age criminal cases. One Pennsylvania appellate wealth introduced instant messages from of 50. And according to Statistics Brain, court has noted that there can often be is- a screen name “Icp4Life30.” The contents the number of monthly text messages sent sues with proving authorship of an email, of the instant messages referred to ongoing has increased by more than 7,700% over text message, or social media post, since events involving the defendant, the victim, the past decade. Given the ubiquity of text “anybody with the right password can gain and school officials, and in one message, messages, they can often prove to be a trea- access to another’s email account and send the defendant referred to himself by name. sure trove of evidence in custody litigation. a message ostensibly from that person.” In The court concluded that the circumstantial So, are they admissible, and how do you re F.P., a Minor, 878 A.2d 91, 95 (Pa. Su- evidence sufficiently identified the defen- authenticate them? per. 2005). Similarly, Facebook, Instagram, dant as “Icp4Life30” and authenticated the As a preliminary matter, pursuant to and other social media platforms can be ac- instant messages. Pa.R.E. 901, authentication is required cessed from any computer or smartphone In Commonwealth v. Koch, 39 A.2d prior to admission of evidence. The pro- with the appropriate user ID and password. 996 (Pa. Super. 2011), aff’d by an equally ponent of the evidence must introduce suf- Commonwealth v. Mangel, 181 A.3d 1154, divided court, 106 A.3d 705 (Pa. 2014), the ficient evidence that the matter is what it 1162 (Pa. Super. 2018). That court noted Pennsylvania Supreme Court tackled the purports to be. Pa.R.E. 901(a). Testimony that social media evidence is even more authentication of text messages. In that case, of a witness with personal knowledge can difficult to authenticate because social me- the Commonwealth attempted to introduce be sufficient. Pa.R.E. 901(b)(1). If no such dia accounts can be falsified, or an actual text messages taken from a cell phone dur- testimony is available, the evidence may account can be hacked into by a third par- ing the execution of a search warrant at the be authenticated by other means, including ty. Id. With that said, Pennsylvania courts defendant’s home. The defendant admitted circumstantial evidence. Pa.R.E. 901(b)(4). have rejected the position that electronic to owning one of the phones found, and One of the challenges for Pennsylva- communications or social media evidence there were 13 text messages with content nia family law attorneys is that there are are “inherently unreliable,” noting that the involving the sale of drugs. There was no no reported family law cases addressing same issues can happen with written doc- testimony from any person who had sent or the authentication standards for electronic uments—a signature can be forged, or let- received the text messages, nor any context

20 the philadelphia lawyer Winter 2020 Assuming you can accomplish the “hard” part of authenticating electronic communications or social media, there is also the practical issue of how to physically introduce this evidence.

that indicated the identity of the sender of post, and then noted that the mother’s “evi- phone and scroll through text messages, the text messages. The court noted: “[T] dence” had consisted of attaching a photo- that is certainly not always the case, and he difficulty that frequently arises in email graph of a screenshot allegedly from her the party is unable to offer such evidence and text messages cases is establishing au- Facebook profile indicating that the father into the record, which could be problematic thorship. Often more than one person uses made a comment to her Facebook post, but in the event of an appeal. As noted above, an email address and accounts can be ac- the photograph did not show the alleged most parties have the capability to take cessed without permission. In the majority comment, nor was it clear on whose profile screenshots of their text exchanges, but this of courts to have considered the question, the post or comment had appeared. entails cutting and pasting the screenshots the mere fact that an email bears a particu- Both parties testified that they were into a document and printing the pages, lar email address is inadequate to authenti- not Facebook “friends” and had “blocked” and the screenshots, more often than not, cate the identity of the author …” The court each other for years, although the mother include duplicative “bubbles” so that the concluded that the admission of the text testified that she occasionally unblocked text chains are difficult to follow. However, messages without further circumstantial the father so that she could view his posts. there are apps, such as iExplorer, that trans- evidence was an abuse of discretion. The mother did not explain how the father fer text messages (as well as music, photos Most recently, in the case of Common- could have commented on a post of hers if and other files) from any iPhone, iPod, or wealth v. Mangel, 181 A.3d 1154 (Pa. Su- they are not Facebook friends. The father iPad to any Mac or personal computer. A per. 2018), the court addressed the issue of acknowledged that he commented on a post party can then print an entire text history what proof is necessary to authenticate so- by a mutual friend that included photo- with another person, and the texts will ap- cial media evidence—which was an issue graphs of the parties’ children, but he stated pear in chronological order with both par- of first impression in Pennsylvania. The that he is unable to see posts made by the ties’ names (or phone numbers) and the court reviewed the In re F.P. and Koch deci- mother herself. The trial court found that dates/times of the messages appearing over sions, holding that the same issues of prov- the father’s explanation as to how and why the text bubbles in a much more readable ing authorship in electronic communica- the comment allegedly appeared on the format. tions apply to social media evidence. Thus, mother’s Facebook page was not credible. In short, offering electronic communi- authentication of social media evidence is On appeal, the Superior Court held cations or social media evidence requires to be evaluated on a case-by-case basis to that, based upon its review of the record, at an attorney to consider both practical and determine whether an adequate founda- most, the evidence showed that the father evidentiary issues. First, the evidence must tion has been laid, and the proponent must commented on a picture of the children that be presented in a format that a judge can ac- present direct or circumstantial evidence appeared on a third party’s Facebook page tually read and easily follow—e.g., which that tends to corroborate the identity of the that had, perhaps, originally been posted by party is sending what messages without author of the communication, such as testi- the mother. Accordingly, in the absence of having to flip back and forth between pages mony from the person who sent or received further documentary proof that the father of text bubbles that are often not in chrono- the communication, or “contextual clues” commented on a post made by the mother, logical order because of the limitations of in the communication tending to reveal the including the nature of the comment, this screenshots. Second, notwithstanding the identity of the sender. Id. at 1162. behavior did not constitute “contact” in increasingly sophisticated ways to hack There has been at least one non-prec- violation of the “no-contact” order. Thus, it into and/or alter electronic communica- edential decision in a child custody case is clear that simply introducing a text mes- tions and social media, this evidence can be tangentially addressing the issue of au- sage purportedly from a party with just the authenticated by the same type of circum- thenticating social media evidence. In K.S. evidence of the phone number or name in stantial evidence as any other document, v. J.L., 2018 WL 4519846, the trial court the text messages chain is insufficient, as is and attorneys should not be daunted by the found the father in contempt for violating offering a party’s purported Facebook page growing digital world of evidence. a “no-contact” order entered in the par- or posts without testimony of a witness ties’ custody matter. The Superior Court with personal knowledge or circumstantial reversed the decision. The mother testified evidence. Meredith Brennan is a partner at the law that the father had commented on a post Assuming you can accomplish the firm of Momjian Anderer LLC. She is a she had made on her Facebook page. The “hard” part of authenticating electronic former chair and member of the Executive court noted that the mother had no docu- communications or social media, there is Committee of the Philadelphia Bar Asso- mentary evidence revealing the nature of also the practical issue of how to physically ciation’s Family Law Section. the comment. The court first cited Mangel introduce this evidence. While some fam- for the standard to authenticate a Facebook ily judges are willing to look at a party’s

the philadelphia lawyer Winter 2020 21 Let's Not Destroy Cy Pres

By Ken Grunfeld

dom and privacy. ver the last few years, I’ve donated hundreds of thousands of All class action settlements require dollars to charity. court approval, and through the notice pro- O I am not some millionaire philanthropist. I am a class action cess, objectors often enter appearances to lawyer. And technically, it is not I who has done the donating; rather, the challenge the settlement. In Frank, a class member objected to the settlement because beneficiaries of those donations have received money that was unclaimed class members will receive no funds di- or left over from class action settlements. This process is referred to as cy rectly and all the money will be distributed pres.1 to cy pres recipients. The objector claimed that the class was not injured by Google’s Here’s how it works in class actions. When the parties negotiate a actions, so the court did not have jurisdiction to rule on the case settlement, they consider where the money will end up. In most in- under the Article III standing requirements. Dozens of parties sub- stances, it is divided between class members, the lawyers, and the mitted amicus briefs in this case on both sides of the argument. claims administrator. Sometimes, because there will be money left We often hear the phrase “bad facts make bad law,” and Frank over from class members that do not cash their checks, or because v. Gaos is no exception. The plaintiffs’ claims are based on the it is too difficult to get the money to all the people in the class, technical violation of the Stored Communications Act, which counsel for the parties recommend that a portion of the settlement creates a private right of action and includes statutory damages. proceeds go to third parties, usually charities or educational foun- Google had challenged plaintiffs’ standing in lower courts multiple dations that are tailored to the needs and interests of the class.2 times, arguing they had suffered no concrete injury. The parties Any proposed cy pres distribution must be reviewed and approved entered into a cy pres-only settlement, and, in the meantime, the by the Court. Supreme Court issued an opinion in Spokeo, Inc. v. Robins hold- Recently, the Supreme Court has ruled on the viability and ing that “Article III standing requires a concrete injury even in the fairness of class actions involving cy pres distribution only. In context of a statutory violation.” 136 S. Ct. 1540, 1549 (2016). Frank v. Gaos, a class of plaintiffs alleged that web browsers dis- Ultimately, the Supreme Court remanded the case for the closed Google searches to third-party websites. 139 S. Ct. 1041. trial court to determine whether the class had standing in light of Google agreed to settle the case for $8.5 million and to revise its Spokeo. However, the court addressed cy pres in the opinion. Jus- FAQ page to explain how its referral headers disclose the informa- tice Thomas, dissenting, held that he would have rejected the pro- tion. The three class representatives received $15,000 in incentive posed cy pres settlement because it provided class members “no awards, the class lawyers received $2.125 million in attorney fees form of meaningful relief.” Frank, 139 S. Ct. at 1047. He opined and costs, and the remaining $5.3 million was earmarked for cy that if the class members in this case, about 130 million internet pres, to go to six well-known entities that promote internet free- users, aren’t going to receive any money, why should the lawyers

22 the philadelphia lawyer Winter 2020 The leftover money has to go somewhere, and it certainly does not go to me as counsel. Nor should it revert back to the defendant who agreed to pay it in the first place. So, the money is generally directed to worthy causes that include charities, schools, and foundations.

and the charities get paid? a decent amount of money and the claims when is giving money to a worthy charity Justice Thomas stopped just short of process is as simple as can be. The leftover a bad solution? rejecting cy pres in all contexts. He wrote, money has to go somewhere, and it certain- “[w]hatever role cy pres may permissibly ly does not go to me as counsel. Nor should 1 Cy pres is Latin for “as near as possible.” In the play in disposing of unclaimed or undis- it revert back to the defendant who agreed class action settlement context, cy pres is a device tributable class funds, cy pres payments to pay it in the first place. So, the money used to award some portion of the sum of money are not a form of relief to the absent class is generally directed to worthy causes that agreed upon to third parties rather than directly to in- members.” Id. This language either carves include charities, schools, and foundations. dividual members of a settlement class, with the goal out or leaves open the question of whether Cy pres-only settlements like Frank of that arrangements to come “as near as possible” to cy pres distribution can ever be part of a v. Gaos raise complicated due process and awarding the damages directly class members. class action settlement. tanding issues. However, when cy pres dis- 2 For example, in a case involving accident disability My cases were not cy pres-only settle- tribution is made from money leftover in insurance coverage, the cy pres recipient was the Bu- ments; the money that went to cy pres re- the process of distributing funds to class onicati Fund to cure paralysis. https://www.themiam- cipients was unclaimed by class members members, it must be embraced and pro- iproject.org/. In a case involving fees charged by tax despite repeated efforts to get them to file tected. Many fine organizations, including preparation providers, the cy pres recipient was the claims and cash checks. Even class mem- the American Red Cross, the United Way, Community Tax Law Project, helping poor families bers who do file claims often fail to cash Salvation Army, and Public Justice receive address tax problems. http://ctlp.org/. the checks sent to them at the addresses a sizable portion of their charitable giv- they provided at a rate of approximately ings from cy pres. Without cy pres awards, 10%. There is almost always some money many charities would fail to meet their Kenneth J. Grunfeld is an attorney at left over, even when class members receive budgets every year. And seriously, since Golomb & Honik P.C.

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the philadelphia lawyer Winter 2020 23 16 >

just returned from a lovely weekend at Gettysburg, including a guided bike I tour of the battlefield, a somber stroll through the National Cemetery, and encounters with charming re-enactors. If you have never been or not been in a while, a visit is highly recommended. The relatively new (2008) Visitor’s Center and exhibits, including the refurbished Cyclorama, are astounding. While the tours and exhibits tend to eschew the political and focus more on the minutiae of the fascinating and, then unprecedented, July 1863 internecine military conflagration, one cannot help but take away the timely lesson that our freedom is not free and that sometimes our worst enemies are our fellow citizens and even our leaders. As Ben Franklin warned in 1787, the Founding Fathers created “a Republic, if you can keep it.”

24 the philadelphia lawyer Winter 2020 > 45

By M. Kelly Tillery

Standing near the spot where Abraham Lincoln delivered his there are some similarities between his universally-revered “few appropriate remarks” at the dedication of that cemetery predecessor and himself. Lest you think our Narcissist-in-Chief on November 19, 1863, listening in my head to his high- is the sole source of this bizarre analogy, know that an odd and pitched voice recite those eloquent 272 words, I was struck undistinguished group concurs: convicted felon (pardoned, not by the obvious and stark contrast between our 16th and 45th coincidentally, by 45) and conservative commentator, Dinesh presidents. It is altogether fitting and proper that we conduct D’Souza; serial adulterer (45 is, too) and ethically-challenged such an analysis at this time. Both Republican presidents bested former House Speaker Newt Gingrich; and acting legend and Democrat opponents, both with a minority of the popular vote, political wing nut, Jon Voight. 45 often uses an iconic painting and both gave speeches about the significance of American of 16 as a backdrop for his staged events and took that audacity sacrifices in war and about the greatest battle of their times to a new level when he attempted to turn the nation’s birthday to save representative democracy at about 2 ½ years into their into his own at the Lincoln Memorial on July 4. first terms. If you are a faithful reader of the magazine, I refer you to While our 45th’s recent D-Day commemoration speech “Abraham Lincoln - Character of a Man” (The Philadelphia was surprisingly good, it was no Gettysburg Address. Unlike Lawyer, Vol. 79, No. 3, Fall 2016) and suggest that you conduct the latter classic, it was 10 times as long and only read, not also your own comparison of the character traits of 16 to those of authored by, its deliverer. 45. However, to assist, I will present just a few highlights, a 45 has frequently attempted to use the legacy and imagery Top 20 (10 are just not sufficient), for your consideration. of 16 to not-so-subtly imply, however implausibly, that First, 16 served honorably, however briefly, as a volunteer

the philadelphia lawyer Winter 2020 25 This exercise can go on ad nauseum with, sadly, the same bold contrast, in virtually every regard. If you disagree, I would be happy to ask this magazine to publish any reasoned, evidence-based such contrast leading to a different result.

(captain and private) in the Black Hawk War (1832), and for opportunity. four years and 45 days, as commander-in-chief of the world’s Fourteenth, 16, with congressional support, used then largest military, during the greatest and most destructive tariffs surgically, as an economic tool to protect necessary, war ever, yet 45 avoided military service, not once, but five fledging industries in a then still-developing nation, not, as times, including by a spurious (pun intended) claim of medical does 45, unilaterally, as a blunt economic weapon to punish disability, during war time. and manipulate other nations for his own partisan political Second, while 45 filed for bankruptcy six times and is purposes. notorious for not paying his bills, 16 was scrupulous in paying Fifteenth, 16 had issues with the press in time of civil war, his, even, for example, when it meant shouldering the burden when all press was admittedly partisan, but he still believed a for a wayward business partner and taking years to retire the free press was crucial to a thriving democracy, unlike 45, who debt. calls the press “the enemy of the people” and uses his power to Third, while 45 is an infamous and pathological liar try to intimidate and silence it. (15,413+ in 1,055 days so far, just as president), 16 was known Sixteenth, 16 persuaded with unimpassioned reason and from youth, for good reason, as “Honest Abe.” facts, unlike 45, who uses name-calling, fear, lies, and personal Fourth, while 16 said that he did not understand women, attacks, often without any reason or facts. he was a faithful husband to one for 23 years and was always Seventeenth, 16 was a kind, decent, gentle, respectful polite and respectful to women; 45, not so much. man, adjectives seldom, if ever, truthfully applied to 45. Fifth, 16 had respect for and an insatiable curiosity about Eighteenth, 16 never boasted and never hesitated to science and how it could help make a better world for mankind, acknowledge his errors, while 45 constantly praises himself while 45 denies, conceals, and obfuscates science and even and claims that he is never wrong. prohibits some scientific study. Nineteenth, 16 had a scholarly, almost religious reverence Sixth, 16 was a voracious reader, absorbing, learning and for the Constitution, while 45 appears never to have read becoming a better man at every step, while 45 reads little, if at it, much less respect it. (“Once A Week,” The Philadelphia all, and it shows. Lawyer, Vol. 80, No. 2, Summer 2017). Seventh, 16 supported internal improvements Twentieth, 16 appointed jurists deeply versed in the (infrastructure) from his first campaign to his last breath, while law, not ideologues, believing “the function of the courts is 45 has done nothing in this regard. to decide cases—not principles,” while 45 appoints only Eighth, 16 said that education was “the most important partisan ideologues, often despite their lack of experience and subject which we as a people can be engaged in,” while 45 ran expertise. As 45 would say, in his inimitable, blunt way, “Big a fraudulent “university” and now proposes, for the third year, difference.” over $7 billion in cuts to education funding. This exercise can go on ad nauseum with, sadly, the same Ninth, 16 revered the law, urging that the rule of law bold contrast, in virtually every regard. If you disagree, I become our political religion, while 45 ignores, breaks, and would be happy to ask this magazine to publish any reasoned, dismisses it, along with some of the very institutions and evidence-based such contrast leading to a different result. public servants who make, enforce, and uphold it. Before I left Gettysburg, my fiancée and I attended a Tenth, while early in his political career 16 used ridicule service at the Gettysburg Presbyterian Church and sat in a pew and sarcasm to eviscerate his opponents, by age 33, he had just in front of the “Lincoln Pew,” where 16 sat with 69-year- matured and no longer did so, unlike 45, now a septuagenarian, old Gettysburg resident and oldest battle veteran, John Burns, who still constantly uses personal insults and vulgar language at a political meeting on the evening of November 19, 1863, like a schoolyard bully to denigrate anyone who disagrees with after delivering his address at the new cemetery. Perhaps, him. not coincidentally, the pastor’s sermon was on the virtues of Eleventh, 16 knew well that immigrants created, built, kindness. enriched and saved this nation, facts of which 45, a latter-day Know Nothing, seems oblivious. M. Kelly Tillery ([email protected]) is a partner in the Twelfth, 16 had little interest in amassing personal wealth, Intellectual Property Department at Pepper Hamilton LLP and much less in using his political power to enrich himself or his a member of the Editorial Board of The Philadelphia Lawyer. family, quite unlike 45. Thirteenth, 16 believed in and practiced transparency in government, while 45 seems to believe in only himself and conceals, deceives, obstructs, and distracts at every

26 the philadelphia lawyer Winter 2020 Silenced Voices: Indigenous Asylum Seekers in the U.S. Immigration System

By Amy Y. Chin-Arroyo

INTRODUCTION

On December 8, 2018, 7-year-old Jakelin Caal Maquin from Guatemala died in U.S. Border Patrol custody in New 1 Perla Treviso, Deaths of 2 children in Mexico. She was vomiting and had a fever of 105.9 degrees immigration custody highlight indigenous before she stopped breathing.1 Sixteen days later, 8-year-old communication problems, Arizona Daily Felipe Gomez Alonzo, also from Guatemala, died in Border Star (Jan. 12, 2019), http://tucson.com/ Patrol custody in New Mexico on Christmas Eve. Like Jakelin, news/local/deaths-of-children-in-immigration- Felipe vomited and had a fever before he died.2 Both children custody-highlightindigenous-communication- traveled to the U.S. with their fathers, indigenous Guatemalans problems/article_54bd562d-74a0-5d7c-877d- who do not speak English or Spanish. Jakelin’s family speaks 97e2f97e38d5.html; David Taylor, Why did a Q’eqchi’,and Felipe’s family speaks Chuj.3 Autopsy reports little Guatemalan girl die after crossing the U.S. revealed that both children died of multipleorgan failure border?, Guardian (Dec. 17, 2018), https://www. theguardian. resulting from bacterial infections.4 com/us-news/2018/dec/17/guatemalan-girl-jakelin-caal-maquin-death- Scant attention has been paid to the unique challenges crossing-us-border. the U.S. immigration system poses for indigenous migrants 2 Maria Sacchetti, Official: Guatemalan boy who died in U.S. custody tested who do not speak Spanish.5 In recent years, the majority of positive for influenza B, final cause of death remains under investigation, migrants crossing the southern U.S. border have been families Washington Post (Dec. 28, 2018), https://www.washingtonpost.com/ and unaccompanied children from Central America.6 Nearly local/immigration/father-whose-son-died-in-custody-knew-bringing- half of these migrants hail from Guatemala, where forty him-wouldease-entry-into-us/2018/12/27/4c210bfc-0a1d-11e9-85b6- percent of the population speaks an indigenous language.7 41c0fe0c5b8f_story.html?utm_term=.b0f183b848a9. Since 2015, the Guatemalan indigenous languages K’iche’, 3 Tom Jawetz and Scott Shuchart, Language Access Has Life-Or-Death Mam, and Kanjobal have consistently appeared on the U.S. Consequences for Migrants, Center for American Progress (Feb. 20, 2019), Department of Justice’s (DOJ’s) list of top 25 languages https://www.americanprogress.org/issues/reports/2019/02/20/466144/ spoken in immigration court.8 Although the DOJ and the languageaccess-life-death-consequences-migrants/. Department of Homeland Security (DHS) have known about 4 Mary Hudetz, 8-year-old Guatemalan boy who died in U.S. Border the growing numbers of indigenous migrants entering the U.S. Patrol custody had flu infection, autopsy report says, Chicago Tribune for the past few years, they have failed to provide adequate (Apr. 3, 2019), http://www.chicagotribune.com/news/nationworld/ct- language access, healthcare, and due process for indigenous guatemalan-boy-borderdeath-20190403-story.html. migrants in the U.S. immigration system. 5 Jawetz and Shuchart, supra note 3. This paper sheds light on the civil rights and due process 6 Joel Rose & John Burnett, Migrant Families Arrive in Busloads As violations perpetrated by the U.S. government against Border Crossings Hit 10-Year High, NPR (Mar. 5, 2019), https://www. indigenous migrants. Part I provides an overview of U.S. npr.org/2019/03/05/700428069/migrant-families-arrive-in-busloads-as- asylum law, language access as a civil and constitutional right, bordercrossings-hit-10-year-high. and the recent surge in indigenous migration from Guatemala 7 Jawetz & Shuchart, supra note 3; U.S. Border Patrol Apprehensions to the U.S. Part II outlines the civil rights and due process by Sector Fiscal Year 2019, U.S. Customs and Border Protection, http:// violations that indigenous migrants suffer within the U.S. www.cbp.gov/newsroom/stats/sw-border-migration/usbp-sw-border- immigration system. Part III proposes recommendations to apprehensions mitigate the civil rights and due process violations against 8 U.S. Department of Justice Executive Office for Immigration Review indigenous migrants. (EOIR), Statistics Yearbook Fiscal Year 2017 at 18. Available at https:// www.justice.gov/eoir/page/file/1107056/download. Kanjobal is also spelled as Konjobal and Q’anjob’al. For the sake of consistency, I use Amy Y. Chin-Arroyo ([email protected]) “Kanjobal” when referring to this language. Although the EOIR lists is a Temple University Beasley School of Law student. K’iche’ as “Quiche”, I use K’iche’. For the complete essay, go to https://www.philadelphiabar. org/WebObjects/PBA.woa/Contents/WebServerResources/ CMSResources/ginsburgessay19.pdf.

the philadelphia lawyer Winter 2020 27 93rd Chancellor Hon. A. Michael Snyder (Ret.)

BY NIKI T. INGRAM

he legendary entertainer Sammy Davis Jr. wrote and Snyder, a lifelong Philadelphian, is an crooned the standard “Once in a Lifetime.” Davis only child who grew up in the Northeast. He sang “ . . . Just once in a lifetime, a man knows a graduated from Central High School and went T on to Muhlenberg College. He started college moment, one wonderful moment when faith takes with the plan of becoming a doctor, but while at his hand. And this is my moment . . .” This is that moment for Muhlenberg, he realized that the learning process Michael Snyder as he prepares to be the 93rd Chancellor of the of the law was much more compatible with his Philadelphia Bar Association. way of thinking than was medicine, and he decided to use his political science degree to go Snyder’s path to the chancellorship is not the typical one as to law school. He realized that he loved logic and he will be the first former sitting judge to become chancellor. writing and that the law provided him with many of the same His background includes years spent as a litigator with a things that medicine could; the law also let him use his analytic complex civil practice, where he represented both plaintiffs skills and gave him the chance to work one-on-one with people. and defendants. He then moved to the bench where he was a It was a perfect fit, and he continued his education at the then workers’ compensation judge for 15 years. During his tenure Temple University School of Law, where he continued his love as a judge, Snyder was among the early advocates for the use affair with all things Philadelphia. of mediation in the workers’ compensation practice. He took Judge Snyder understands that one prepares for leadership, courses in mediation and says that his goal was “to provide and he has prepared to be the chancellor of the Bar Association. a safe environment for both attorneys, the claimant and He has served as the Association’s assistant secretary; been a the insurer, where they could discuss a case and bring it to member of the Bench-Bar Committee; cochaired the Workers’ conclusion.” Compensation Section twice; chaired the PNC Achievement When he left the bench, he became a private mediator, Award Committee as well as the Bar Academy and the Law which he has done for the last seven years. He has thrived in School Outreach Initiative. He has also been a member of the this work, which he loves, because it has allowed him to have Finance Committee and the Audit Committee, has served as an impact on the lives of countless people and exposed him a trustee of the Bar Foundation and has cochaired the Grants to different intellectual challenges as he expanded his practice Committee for the Philadelphia Bar Foundation. This service into one that includes all types of litigation. He unabashedly has given him an understanding of the impact that a chancellor says, “I love that after all these years of practice I love what I can have on both the Bar Association and the city itself. Not only do.” has Snyder done the work to prepare to become chancellor, he

28 the philadelphia lawyer Winter 2020

Outgoing Chancellor Shelli Fedullo says that “Mike is the perfect combination of intellect and heart,” and that he has a vision to share with the Association. She adds that “he cares so very deeply about the people with whom and for whom he is working.”

also has the temperament for the position. Outgoing Chancellor and help children understand what it is that lawyers do and that Shelli Fedullo says that “Mike is the perfect combination of lawyers can do positive things that are good for people. He intellect and heart,” and that he has a vision to share with the thinks that children understand what police and fire personnel do Association. She adds that “he cares so very deeply about the but do not understand what lawyers do. Snyder wants children to people with whom and for whom he is working.” understand that they, too, can be lawyers. As we sat and talked one late fall afternoon, Snyder shared Snyder is also concerned about the lack of diversity in the his vision for his tenure. His goal is to create a strong platform profession. He wants to create a job fair within and sponsored by that emphasizes public interest and diversity. He is concerned the Association that reaches out to minority law students across about the lack of diversity in the organization and in the the nation to encourage them to come to Philadelphia and meet profession and plans to take concrete steps to have the “bar and legal employers, because he is convinced that they will love the our bench look and sound like those around us.” He plans to city as he does. He also says that he “recognizes that the language expand the Advancing Civics Education (ACE) program, which that I may use for solutions to address diversity are those that is the program that goes into public schools to talk to students were appropriate for a white Jewish guy years ago.” His plan is about what lawyers do and helps to teach students civics. It is to create a diversity advisory panel of people representing every critical to him that in these fraught political times that students flavor of diversity, which will be charged with advising on how learn civics. He deeply believes that instead of focusing on high diversity can be achieved and—just as importantly—sustained. school students, we need to focus on younger children and let Snyder also wants to address diversity in the plaintiff’s bar as them see that “you don’t have to be rich and white to become a well as in large general practice firms and defense firms. lawyer.” His plan is to have attorneys go into elementary schools Character is an important attribute for any chancellor, and

30 the philadelphia lawyer Winter 2020 While serving as the cochair of the [Workers’ Compensation] Section, one of his fellow cochairs, Patrice Toland, asked him if he would like to meet an adjuster that she thought he would like. He agreed, and he and Wendy had their first date on Valentine’s Day 2000. The rest is workers’ compensation history . . .

Mike Snyder is known to be a gentleman of the bar and as He agreed, and he and Wendy had their first date on Valentine’s someone who understands the importance of community. This Day 2000. The rest is workers’ compensation history, as they was evident earlier this month, when he mingled with his “home have been together ever since. The couple share their lives with bar” at the Workers’ Compensation Section holiday party. It may Mike’s son, Josh, and his wife, and their five grandchildren. not be that he knows everyone in the Section, but it certainly Mike and Wendy enjoy being of Philadelphia. They seems as if he does. Snyder says that his love of this group experience the museums and are foodies who appreciate all stems from his years on the bench and the fact that the bar is of the fine dining that the city has to offer. Not only do they relatively small and is known for its collegiality. He attributes enjoy eating out, but Snyder also enjoys baking and cooking. the collegiality to the lack of a motion practice in workers’ For years, the couple were in a gourmet group with three other compensation, which forces practitioners to talk to each other couples where they researched unusual cuisine and then created and not hide behind words or pages. elaborate meals. The Workers’ Compensation Section has benefitted from When you speak with Snyder, you quickly understand that the development of its own Inns of Court, which Judge Snyder he is a bit of a Renaissance man. In addition to museums and was instrumental in creating. He had been encouraged by Judge good food, he loves traveling and design. On the weekends, he Sandra Mazer Moss and Judge Anne E. Lazarus to join the can be found looking for antiques and has actually designed the Temple Inns of Court, which he did and thoroughly loved. When restaurant of a friend. He also loves music and is a devotee of Judge Moss told him that the national Inns of Court wanted opera. Josh calls him a classical musical geek and teases that to develop a workers’ compensation section, he jumped at the Snyder thinks that modern music is anything written after 1750. chance and helped to create the Barbieri Inns of Court for the While there is a smidgen of truth to this, Mike admits that he also workers’ compensation section. This group has now been in loves Broadway and the Motown classics of his youth. existence for 12 years. Despite his busy schedule, Judge Snyder Snyder also loves the written word and has long been known remains active in both the Temple Inns of Court and the Barbieri to share books with the lawyers who appear before him—which is Inns. how this author got to know him. In his own words, Snyder loves It was through the workers’ compensation bar that Snyder “truly beautiful literature,” where every word has a meaning; met his wife, Wendy Sill. While serving as the cochair of the but he also enjoys medical novels and medical detective stories. Section, one of his fellow cochairs, Patrice Toland, asked him if His love of language fuels his love of reading, which, he says, he would like to meet an adjuster that she thought he would like. teaches one that there are so many aspects of the world. He says

the philadelphia lawyer Winter 2020 31 Robin Romano, a shareholder with Marshall Dennehey, remembers how Snyder recommended that she become involved in the Workers’ Compensation Section, as it would expand her world. . . . She says, “That is who Mike is. He looks for the best in people and helps them to get better.”

that “a world without art is cold and sterile; and you need to be As Snyder and I finished our meeting, I hear the end of exposed to things that are beyond your own frame of reference, Sammy Davis’ song and think “he’s going to do great things!” and that is what reading does, what good music does and what art does.” In addition to loving what he does and the arts, Snyder Niki T. Ingram ([email protected]), director of the Workers’ is someone who genuinely cares about people and the idea of Compensation Department at Marshall Dennehey Warner community. He creates community wherever he goes. Robin Coleman & Goggin, P.C., is a member of the Editorial Board of Romano, a shareholder with Marshall Dennehey, remembers The Philadelphia Lawyer. how Snyder recommended that she become involved in the Workers’ Compensation Section, as it would expand her world. Robin says that this was some of the best advice that she ever received and remains grateful for it. She says, “That is who Mike is. He looks for the best in people and helps them to get better.” 32 the philadelphia lawyer Winter 2020 the philadelphia lawyer Winter 2020 33 TECHNOLOGY By DANIEL J. SIEGEL A Few of My Favorite Things Your 2020 Tech Recs

y recent columns cordless mouse. My favorite is the have seemed a bit Logitech MX Anywhere model, which Mominous, focusing I use in my office, and have a spare to on cybersecurity and use with my laptop. The newest version other issues that can scare even the of the Anywhere Mouse, the 2S model, most tech-oriented people. So, it’s time can be used on multiple devices at once, for a change to one of the topics I am and even lets you move your mouse frequently asked about—“What are my cursor across three computers and copy favorite tech toys?” So here they are, a or paste text, images, and files from one few of my favorite tech things. computer to another. But what makes the Anywhere my Cordless Mouse: I love mice, not the favorite is its ability to work on any ones that crawl, but the ones you use surface, even glass, which usually stops with your office computer, and the ones most mice in their tracks. You could you use with your laptop. It seems that even put the mouse on your lap, and it no matter what I do, my skills using a Logitech MX Anywhere Wireless Mouse will work. Plus, it has a great ergonomic laptop’s touchpad are severely limited. design and can be used as a Bluetooth Consequently, I always travel with a device or one that operates with a USB

34 the philadelphia lawyer Winter 2020 Every time I use the Presentation Remote, attendees ask what I’m using because they have never seen anything like it before.

receiver. The MX Anywhere 2S sells for There’s more. If you use a special $79.99 but is often on sale for far less. effect, such as the Magnify feature, it will not only display on the computer Logitech Spotlight Presentation where the presentation is but also on any Remote: Logitech makes great other screens on which the presentation products, but the one game-changer is playing. As a result, when I give is the Presentation Remote, which an online seminar, the special effects transforms the traditional “PowerPoint appear on every other device viewing clicker” into a versatile device that the program. No other “clicker” can do elevates presentations to a new level. that. Every time I use the Presentation All for about $100. I won’t do a program Remote, attendees ask what I’m using without one. because they have never seen anything Most presentation remotes do one like it before. thing—they advance slide presentations. Most speakers need more, even if they Logitech Spotlight Presentation Remote Mobile Jetpack/Hotspot: A mobile don’t realize it. The Presentation is truly jetpack is a separate device that lets wireless, working up to 100 feet from you connect to your wireless provider your computer. It also has the obligatory in a secure way and provides Wi-Fi the screen, allowing you to zoom on a laser pointer. But unlike most remotes, access to your phone, your laptop, and key part of the program, and (3) play the Presentation enhances presentations other devices, without using the mobile videos and open hyperlinks (to go to the by allowing you to (1) highlight portions hotspot feature of your smartphone. As web or a program). The magnify feature of the screen, (2) magnify a portion of a result, you aren’t draining the battery alone makes this a must have.

the philadelphia lawyer Winter 2020 35 [T]here are a variety of underwater music players, and my favorite is FINIS’ Duo Underwater model, which uses bone conduction (tympanic) to play my MP3s . . .

on your smartphone and are accessing a and even Google flight reminders. Plus, underwater music players, and when it reliable connection designed to work for other apps integrate with The Mission to works, the sound and comfort of the Duo hours without battery draining. provide even more options. can’t be beat. My jetpack, the Verizon Jetpack MiFi 7730L, is with me whenever I’m FINIS Duo Underwater Music Benchly: As a litigator whose practice out of the office, and I know that I will Player: Swimming is how I relax, includes handling a substantial number need Internet access for my laptop or and I love having music playing while of appeals, I need to read every relevant tablet. I don’t have to worry about being underwater, it just makes everything case when preparing for oral argument. hacked because I logged into a free better. Fortunately, there are a variety For years—really forever—a law unsecure Wi-Fi network, like the ones of underwater music players, and my clerk, an associate, or I would have to you find at Starbucks or other locations. favorite is FINIS’ Duo Underwater go through the Table of Citations and Other carriers, such as AT&T, offer their determine which cases I needed, and then own jetpacks or hotspots, and most go to Lexis to search for and download typically cost about $20 per month, with the cases. Not anymore. Benchly (www. charges based on how much data your benchly.com) has saved me. device will use. Using Benchly, I upload my brief and those filed by the other parties, and Nixon “The Mission” Smartwatch: Benchly reviews the documents, verifies Everyone knows about the Apple Watch the accuracy of the citations, and then, or the many options available using the in just two mouse clicks, compiles every Android operating system. After trying, case cited in every brief and downloads and intensely disliking, a few different them to my computer. This process models, I discovered The Mission, a saves hours of work and puts everything smartwatch ostensibly designed for together in an easy-to-use PDF portfolio. skiers and folks who love the outdoors; I won’t handle another appeal without it. I don’t fit into either category, and As I write this column, I am preparing I love the watch. And unlike most FINIS Duo Underwater Music Player for oral argument in four cases over the smartwatches, The Mission pairs with next three days. It literally took a few Androids and iPhones. minutes to download every case cited so Although Nixon, which makes The that I could read them and, if necessary, model, which uses bone conduction Mission, has discontinued that model, print out the ones most relevant to the (tympanic) to play my MP3s, allowing the company offers a variety of similarly issues argued. Plus, at $100 per month me to still wear ear plugs, which I featured options for men and women, at a (or $35 per upload), Benchly is a bargain have found to be more effective than wide range of prices. With The Mission, for me and my clients. It saves hours and underwater swim buds at keeping water I reliably see who is calling, all of my hours of tedious work, for just pennies. out of my ears. text messages, the various notifications There are so many wonderful technology The Duo attaches securely to the from my Samsung smartphone, and products that can make our lives strap of my swim goggles and is easy-to- much more. Plus, it’s rugged, and I can easier. The key is exploring. And then, use, with large buttons. It plays music, wear it while swimming or doing other discovering gold. audiobooks, and anything else that can activities that many smartwatches tell be digitized into either MP3 or WMA users to avoid. Daniel J. Siegel ([email protected]), audio format. The latest model has 4GB As an Android user, I welcome its a member of the Board of The Philadelphia of storage, enough to hold about 1,000 integration with many Android features, Lawyer, is a practicing attorney and songs, and one charge can last about including Google Fit (as a fitness the president of Integrated Technology eight hours, in my experience. tracker), Google Play Music (using Services LLC, a consulting firm that helps If there is one downside to the Bluetooth headphones, you can listen law offices improve their workflow through FINIS Duo, it’s that the product can, to downloaded music on your watch the use of technology. at times, be unreliable. As a result, I without your phone), Google Maps (you always purchase an extended warranty can talk to your watch and get directions so that if it malfunctions, I don’t have to to your destination, with the route shell out another $139.99 (that’s the list displaying on your watch), Weather, price) for a new model. I’ve tried other

36 the philadelphia lawyer Winter 2020 Lawyer Referral and Information Service (215) 238-6333 | PhiladelphiaBarLawyers.com TRUST US TO HELP

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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].  BOOK REVIEW By HON. RICHARD B. KLEIN (RET.) Two Times Platinum, Written By Lloyd Z. Remick, Should Get Platinum Award

ll lawyers think they have a lawyer (surprise, surprise). Abest-selling novel in them. As things progress, we get to know Almost none take the time musical producers, boxers, and even a to write it—and if they do, it isn’t the star professional quarterback. Naturally, masterpiece that Hollywood will clamor there is sex and violence throughout. for to make the movie. But Philadelphia As most of us are not entertainment entertainment lawyer Lloyd Z. Remick lawyers, we get a feel for some of the may have been the most successful at it tricks of the trade. While perhaps not since Chicago lawyer Scott Turow hit qualifying for CLE credit, Remick the marketplace. uses his experience and knowledge in The first problem is finding the the sports and entertainment business time to do the writing. Books don’t just to give the reader a flavor of it. We do happen by themselves, let alone novels. certainly hope that many of the aspects Turow did his writing while riding of the book are fictional and not what on the Loop to and from his Chicago happens in reality. law firm. Remick, as an entertainment Remick has extensive experience lawyer used to night hours with clients, in all phases of entertainment law, and, did his writing from midnight to 3:00 as the entertainment lawyer in the book, a.m. religiously five nights a week for for years has taught at the law school eight months to get the job done. level. His experience makes realistic If you liked Jerry McGuire, you will television, movie and book deals. love “Two Times Platinum.” Remick took Remick represented the late Grammy- his decades of experience representing winning superstar Grover Washington, musicians, other entertainers and athletes Jr. for decades. Writer-producer Bunny and used it to craft a fast-moving novel Sigler was another close friend and Two Times Platinum with interesting characters. He swears client, although his name isn’t as By Llloyd Remick any connection to persons living or dead familiar as his music. His clients also 298 pages is strictly coincidental. Remick takes include Merrill Reese and Mike Quick $22.49, Austin Macauley Publishing, one into the entertainment business, the of the Super-Bowl-winning (I had to say 2017 good, the bad and the ugly. that) Eagles. He then uses his imagination to While one could expect Remick to create characters that you love, hate or accurately portray much of what goes on both. He takes some of the quirks of the in the sometimes seamy world behind Hon. Richard B. Klein (Ret.) entered entertainment business and carries them the sports and entertainment stars, what the private sector after 36 years as a to hyperbole. At least, one hopes they is surprising is how a lawyer used to judge and currently serves as a mediator, are hyperbole. writing technical contracts is able to arbitrator, and appellate advisor at the Without giving too much of the cross over to write a novel that keeps Dispute Resolution Institute. suspense away, the story begins with an you wanting to keep turning the pages. exceptionally beautiful, hot and talented My only problem with the book is female singer ambitiously striving for that when I hit the credits on my Kindle, a platinum album. But, she has come I thought I made a mistake and missed under the control of a mob figure who the next chapter. To my chagrin, the uses all the dirty tricks of the industry. book was over, and I couldn’t read any Naturally, she somehow gets to be more. I’ll have to wait for the sequel, or guided by an experienced entertainment at least the movie.

38 the philadelphia lawyer Winter 2020 EXTRAS BOB STERN’S CIRCLE PUZZLE Puzzle Answer Key

the philadelphia lawyer Winter 2020 39 That Was Then Bench-Bar 1990 – “Futurescope”

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Right: Panelists for the State Civil Judicial Procedures Committee’s Bench-Bar workshop on Saturday, Sept. 15, “Accountability of Judges and Lawyers,” included: (from left) Common Pleas Court Judge Sandra Mazer Moss and Association Board of Governors member Mark A. Aronchick.

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40 the philadelphia lawyer Winter 2020