Vol. 76, No. 3 Philadelphia Bar Association Quarterly Magazine Fall 2013 Taking the Gun Fight to the Courts Combatting Negligent and Criminal Gun Dealers By Jon Lowy and Elizabeth Burke

10 Questions for The Littlest Chief Judge Petrese B. Tucker Lawyer By Deborah Weinstein By Tracey E. Diamond

The Philadelphia L aw y er contents Vol. 76, No. 3 Philadelphia Bar Association Quarterly Magazine Fall 2013

Features Departments

4 From the Editor by May Mon Post

6 Briefs

8 In Memoriam

34 9 Readers’ Comments

12 The Littlest Lawyer 10 Ethics Nine-year-old joins her mother at the office for a day as an by David I. Grunfeld attorney Is an Advance Conflicts Waiver Valid? By Tracey E. Diamond 31 Justice Ruth Bader Ginsburg Pursuit of 14 Annals of Justice – The Name Game Justice Legal Writing Competition Winner Having a good name is more important than gold by Matthew G. Tom By Steve LaCheen Application of the Exclusionary Rule in Immigration Proceedings: Not Just Egregious Violations, Recommendations 18 10 Questions for for Meaningful Protection of Civil Rights Chief Judge Petrese B. Tucker The new chief judge of the Eastern District, the first African- 42 Technology American woman on that court, is the first woman to hold the by Molly Barker Gilligan position The solo and small firm guide to essential law office By Deborah Weinstein technology 24 Using the Courts to Address America’s 46 Book Review Gun Violence Epidemic by Judge Sandra Mazer Moss Bringing liability cases against criminal and negligent gun Avalanche & Gorilla Jim: Appalachian Trail Adventures and dealers is a top priority in the fight against gun violence in our Other Tales country By Jon Lowy and Elizabeth Burke 48 That Was Then - 1983 “Silver Futures” 25th Annual Bench-Bar Conference 30 The Case for Gun Rights Enforcing the laws already on the books will help keep guns out of the wrong hands By Jonathan S. Goldstein 34 A Mission to Cuba A delegation of Philadelphia lawyers travels to Havana to learn about the Cuban justice system By Lauren A. Wilkinson 40 Exile on Locust Street A man works hard (too hard) to provide for his family and then loses the family 18 By The Husband COVER PHOTO BY Aldaron PHOTO BY John Carlano 2 the philadelphia lawyer Fall 2013 CASH FLOW MANAGEMENT FOR LEGAL PROFESSIONALS

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By May Mon Post

few years ago, my husband and I took a trip to city blocks, and looking up, you would not be surprised to see Burma (Myanmar) to visit my native country and trees and weeds and flowers growing out of the sides and tops pay a visit to my aging grandmother. Our trip of occupied buildings that are remnants of the colonial rule. Acoincided with the start of my husband’s first year Looking down, you might catch a glimpse of the passing road of law school. He was toting around a casebook and reading the through a hole in the cab floor. Though the British have long small print on our airline tickets as if he might be able to apply gone and the country is experiencing pockets of modernization what he had learned from reading Hadley v. Baxendale, that and is opening its doors wider to tourists, there is a spirit and famous English contract case. Ah, the 1L experience. Billable feel about the place that is closer to the times of George Orwell hours, appeasing clients, partners, insurance companies, and (circa 1925) than to the glossy modern look of Singapore, judges (not necessarily in that order), the whole “grinding Burma’s rich neighbor to the southeast. wheel” of the profession – like the consequences of failing to As the days went by, our tour guide began to open up to us return Mr. Hadley’s crankshaft in a timely manner – not yet and whispered to us about the hundreds of political detainees foreseeable. and censorship in the country. He told us about a comedian Our flight touched down in Rangoon, and, after checking who was banned indefinitely from performing publicly for his our bags at our hotel, we met up with our tour guide. This was puns against the military junta and then sentenced to 59 years in about a year-and-a-half before what some prison because he spoke to the foreign media writers have called the “Burmese Spring.” about the situation of homeless people after a The junta – the ruling generals – had not yet cyclone. He told us about the landmine use by loosened their iron grasp on the country. Aung the Burmese army to block supply routes for San Suu Kyi was still under house arrest. The ethnic opposition, and even worse, the army’s generals purportedly were still sending many use of villagers as human minesweepers to of their most promising sons to North Korea send ahead of the troops to detonate mines. My for military training. Tour guides, at the time husband, still knee-deep in his 1L experience, of our visit, were noticeably suspicious that was quick to point out various torts and other their movements and conversations were violations of constitutional proportions. being observed and evaluated by government It was incredible to see our tour guide opening “spies.” A slip of the tongue could result in up and telling us about the political situation prison, or worse. Or so we were told. in Burma on the condition that we would For the first few days of our adventure, never mention his name. When we gave him our tour guide was tight-lipped and stuck to some books on Burma and The Philadelphia the script for the most part. He told us about Inquirer we brought with us, he was grateful. this country of mythical landscapes, ancient Burmese newspapers, mostly government-run, treasures and some of the friendliest people in were quick to tout government achievements the world. Together, we ventured around Rangoon and explored and simultaneously warn people of the dangers of democracy the many golden-gilded pagodas and their surrounding shrines and the influence of foreign “infidels.” Turn on the TV during that shimmered and sparkled under the blazing sun, turning the news hour and we were sure to catch a glimpse of a general everything around into a beautiful, yellowish glow. We spent in front of some public works project, though you’d be hard- mornings sipping too-sweet tea at Rangoon’s colorful bazaars, pressed to stumble across a gleaming public project on your where worlds seemed to collide between wealthy drug dealers’ daily travels. wives releasing yellow crested sparrows for a dollar each, Burma pulls at the heartstrings. The country is beautiful and street children with torn clothes playing soccer in bare feet, and alive with tranquility and promise. Perhaps it is the peaceful tourists discreetly exchanging crisp $100 bills to get a better and dignified way that the saffron-robed monks wind their exchange rate on the black market. way through town at mealtime, and into your consciousness. We were amazed by the architecture and infrastructure, if Perhaps it is the colorful sarongs (wrap-around full-body skirts) you could call it that, which appeared to be equal parts British that women and men don alike in just about all contexts of play colonial, Burmese and Buddhist traditional – Baroque and and work. The grey-blue blur of Wall Street business attire is Beaux Arts-style buildings on the verge of collapse, gold-domed virtually nonexistent, even in Burma’s largest cities. If you want pagodas with their telltale spires rising triumphantly above trees to see the gentle, colorful, vibrant pulse of the city, attend a and buildings, and jungle. Traveling by “cab” around the tight pagoda at prayer time. Perhaps it is the ubiquitous smiles of

4 the philadelphia lawyer Fall 2013 the people, hard at work, even under the government. In fact, in July, Burma’s crushing poverty. Day laborers, including President said during his first official throngs of women, carry rocks the size of visit to the U.K. that Burma will release Timberland shoeboxes atop their heads, all political prisoners “by the end of the The road construction providing steady (if year.” And, in September, Duane Morris, paltry) pay. Consider a grin as wide as a LLP became the first U.S. law firm to Philadelphia Cheshire cat from a man literally riding a launch an office in Burma. Progress is water buffalo with a long stick as a whip possible. Poor Hadley never recovered Lawyer or guiding tool. Thwap! Around every the losses flowing from the tardy turn, in Burma, you are greeted with a return of his crankshaft. But Hadley’s Editor-in-Chief scene that just does not appear in any successors – indeed the whole universe May Mon Post western land. of law – benefits through evolution. My Editorial Board Burma is evolving and seems to be husband has just graduated from law Niki T. Ingram teetering on the verge of more openness school and no longer speaks like a 1L. Jennifer J. Snyder and perhaps even genuine democratic Now, that is progress. Steven R. Sher elections. Since our visit, Burma has David I. Grunfeld May Mon Post ([email protected]), an Steve LaCheen freed hundreds of political prisoners, Harold K. Cohen including the comedian who was associate with Deasey, Mahoney, Valentini John C. Gregory sentenced to 59 years for “public order & North, Ltd., is Editor-in-Chief of The Richard G. Freeman offenses” as part of a mass amnesty by Philadelphia Lawyer. April M. Byrd Emmanuel O. Iheukwumere Michael J. Carroll James Backstrom Peter F. Vaira Deborah Weinstein M. Kelly Tillery Daniel J. Siegel Justine Gudenas

Editor Emeritus Herman C. Fala

Associate Executive Director Mark A. Tarasiewicz

Senior Managing Editor Jeff Lyons

Design Wesley Terry Philadelphia Bar Association

Chancellor Kathleen D. Wilkinson Chancellor-Elect William P. Fedullo

Vice Chancellor Albert S. Dandridge III

Secretary Sophia Lee

Assistant Secretary Jacqueline G. Segal

Treasurer Wesley R. Payne, IV

The Philadelphia Lawyer, printed with soy inks on recycled paper, is published quarterly in March, June, September and Assistant Treasurer December by the Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2955. Telephone: (215) Mary F. Platt 238-6300. E-mail: [email protected]. Subscription cost for members is $5 which is included in annual dues, and for nonmembers is $45 yearly. The opinions stated herein are not necessarily those of the Philadelphia Bar Association. Executive Director All manuscripts submitted will be carefully reviewed for possible publication. The editors reserve the right to edit Kenneth Shear all material for style and length. Advertising rates and information are available from Don Chalphin, Sales Director, ALM, 1617 JFK Boulevard, Suite 1750, Philadelphia, PA 19103, (215) 557-2359. 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

the philadelphia lawyer Fall 2013 5 hiringB■ mergers ■r housingi■ in memoriamef■ readersscomments BB rri i efef ss’ Many Law Firms Adding Positions

early one-third (31 percent) of lawyers said their law N firm or company plans to expand or add new positions in the second half of 2013 while half said their organizations will be maintaining current staff levels by filling vacated posts. Thirteen percent of the Robert Half Legal survey respondents said they will not be filling vacant positions or creating new ones while two percent said they will be reducing or eliminating positions. A surge in litigation-related work is prompting the expansion of legal teams, the research suggests. More than half (55 percent) of lawyers expect litigation activity to drive hiring at their law firms and companies followed by business in finding skilled legal professionals, director of Robert Half Legal. “Legal and commercial law matters, cited by 39 while 44 percent said it was not departments also are expanding their percent of those polled. Although hiring challenging to find skilled professionals. internal teams to address increased is on the horizon for many, locating “To increase their bench strength and workloads.” candidates with the specialized skills augment practice groups, law firms are Volkert added that companies are and abilities employers require may seeking legal professionals who possess promoting their work environments, prove difficult – 53 percent of survey expertise in high-demand specialties along with career development and respondents cited at least some challenge as well as solid business development work-life balance programs, in an effort skills,” said Charles Volkert, executive to attract the best candidates. Law Firm Mergers Occurring at Record Pace

here have been 39 total law “If the current pace continues, it looks announced the only cross-border deal of firm mergers in the United like 2013 will surpass that record.” the second quarter, acquiring 45-lawyer T States in the first six months The largest deal announced in Habib Al Mulla in Dubai. of the year, a potentially record- the second quarter of 2013 was the In other relatively sizeable setting pace according to Altman Weil combination of Husch Blackwell, a combinations, 560-lawyer, MergerLine. 543-lawyer law firm headquartered Philadelphia-based Fox Rothschild “The largest annual total for U.S. law in St. Louis, and Brown McCarroll, a added 16 lawyers in Denver with the firm mergers was 70 in 2008,” according 65-lawyer Texas firm. Chicago-based acquisition of Lottner Rubin Fishman to Altman Weil principal Ward Bower. global law firm Baker & McKenzie Saul; Adams and Reese, a 300-lawyer

6 the philadelphia lawyer Fall 2013 regional Southern firm, acquired Ellis Lawhorne, a 23-lawyer there were four deals announced at the end of last year that firm in Columbia, S.C. The other 14 deals announced in April, were finalized in the second quarter of 2013. May and June 2013 were acquisitions of small law firms with In April, SNR Denton concluded two mergers with 10 lawyers or fewer. Paris-based law firm Salans and with Canadian firm Fraser “Typically the majority of law firm combinations are Milner Casgrain to create a new 2,500-lawyer global firm acquisitions of small law firms, because subsequent integration renamed Dentons. In June, UK-based Norton Rose finalized is so much easier for a dominant acquirer,” said Bower. its combination with 850-lawyer Fulbright & Jaworski, In addition to the April, May and June law firm combinations, establishing a major U.S. presence through the merger. The Housing Market: The Anatomy of a Recovery

steady stream of positive reports on the U.S. housing sector has Ainspired optimism that a sustain- able recovery is underway. Following are some compelling data that help to illustrate the positive trend. Home prices: The S&P/Case-Shiller Home Price Indices – the leading measure of U.S. home prices – reported average prices increased 10.3 percent and 10.9 percent, respectively, for the 10- and 20- City Composites in the 12 months ending March 2013. Twelve of the 20 cities saw prices rise at double-digit rates, while all 20 cities posted positive annual growth. This was the highest annual growth rate for the indices since 2006. Other recent housing market data confirm these strong trends: New residential construction: According to the U.S. Commerce Department, new homebuilding permits reached 1,017,000 units in April 2013, which is up more than 35 percent from the previous year. Similarly, April housing starts and housing completions were 13.1 percent and 3.3 percent, respectively, above their prior-year levels. Home sales: Total existing home sales, which are completed transactions that include single family homes, townhomes, condominiums and co-ops, increased just 0.6 percent in April over the prior month due to limited inventory, but remain 9.7 percent higher than in April 2012. Pending home sales, as measured by the National Association of Realtors’ Pending Home Sales Index, rose 0.3 percent in April over the prior month and were 10.3 percent above their April 2012 level. Pending sales have been above prior-year levels for the past 24 months. The “Index” is a forward-looking indicator based on contract signings (but not closings). Key Takeaways Along with the good news on the housing front has come a rebound in consumer confidence, which rose to a near six- year high in May according to The Conference Board, an independent business and research association. Given current conditions, now may be a good time to consider discussing the following with your financial advisors: • Refinancing your home: Although mortgage rates have risen recently rates are still near record lows. • Selling your home: The continuing rebound in the housing market could mean the timing is right to put a home

the philadelphia lawyer Fall 2013 7 on the market. Investments: Not FDIC Insured. No Bank Guarantee. May Lose Value. • Home improvement and other consumer stocks: Stronger Insurance: Not FDIC Insured. No Bank or Federal Government Guarantee. consumer confidence coupled with a recovering housing May Lose Value. market may lead to gains for companies in the building, © 2013 The PNC Financial Services Group, Inc. All rights reserved. construction and home improvement sectors.

■ ■ The material presented in this article is of a general nature and does not in Memoriam constitute the provision by PNC of investment, legal, tax or accounting advice to any person, or a recommendation to buy or sell any security or adopt any investment strategy. Opinions expressed herein are subject to change without notice. The information was obtained from sources deemed reliable. Such Albert J. Marcellino Alfeo P. Libettim information is not guaranteed as to its accuracy. You should seek the advice of May 31, 2013, Age 66 Aug. 8, 2013, Age 83 an investment professional to tailor a financial plan to your particular needs. For more information, please contact PNC at 1-888-762-6226. Judge James M. Kelly James P. Garrity The PNC Financial Services Group, Inc. (“PNC”) uses the names PNC Wealth June 2, 2013, Age 85 Aug. 14, 2013, Age 83 Management®, Hawthorn, PNC Family Wealth® and PNC Institutional Investments® to provide investment and wealth management, fiduciary Judge Louis G. Hill Cindy B. Hallock services, FDIC-insured banking products and services and lending of funds July 13, 2013, Age 89 Aug. 31, 2013, Age 61 through its subsidiary, PNC Bank, National Association, which is a Member FDIC, and uses the names PNC Wealth Management® and Hawthorn, PNC Family Wealth® to provide certain fiduciary and agency services through its Warren M. Ballard J. Shane Creamer subsidiary, PNC Delaware Trust Company. Brokerage and advisory products July 18, 2013, Age 100 Sept. 1, 2013, Age 84 and services are offered through PNC Investments LLC, a registered broker- dealer and investment adviser and member of FINRA and SIPC. Insurance Arthur Makadon products and advice may be provided by PNC Insurance Services, LLC, a July 23, 2013, Age 70 licensed insurance agency affiliate of PNC, or by licensed insurance agencies Please send In Memoriam notices to that are not affiliated with PNC; in either case a licensed insurance affiliate [email protected]. will receive compensation if you choose to purchase insurance through these programs. A decision to purchase insurance will not affect the cost or availability of other products or services from PNC or its affiliates. Hawthorn Have you considered a contribution to the Philadelphia Bar and PNC do not provide legal or accounting advice and neither provides tax Foundation in memory of a deceased­ colleague? advice in the absence of a specific written engagement for Hawthorn to do so. For information, call Lizabeth Macoretta, Director of Development, at 215-238-6334. “PNC Wealth Management,” “Hawthorn, PNC Family Wealth” and “PNC Institutional Investments” are registered trademarks of The PNC Financial Services Group, Inc.

8 the philadelphia lawyer Fall 2013 To the Editor:

I wanted to let you know how the dinner discussion with a knowledgeable old-time seasoned much I enjoyed Steve LaCheen’s two lawyer. He told me that the most notorious of the “difficult” articles in the most recent publication. prothy clerks was assaulted by a totally frustrated filer. I hope Although I understand the publication’s there are more of these type articles in the pipeline. thrust to educate and give practical information, it’s nice to also have Jay G. Ochroch articles that are also entertaining. As a former homicide DA in Philly, it was interesting to remember when cases were tried in City Hall The description of the practice of law 50-55 years ago with all of its quirks and strong personalities. It was also fun recounted by Steve LaCheen is brilliantly accurate and trying to guess who Steve was referencing without mentioning restores the memories the lawyers of our age group have of names. those challenging times. I experienced all he recalled both as an assistant district attorney and defense counsel. The lawyers Robert J. Marano practicing today certainly have enormous challenges but nothing like what the justice system imposed on the lawyers of [Looking Back 55 Years and On] is so good, so on the money. those days. Believe what Steve has told you, it is fact. I lived this prothy filing horror one day a week for at least four years in the early 1960s when I was an associate. The article was Donald C. Marino

the philadelphia lawyer Fall 2013 9 Ethics By David I. Grunfeld Making Sense of Informed Consent Is an Advance Conflicts Waiver Valid?

f you are considering handling Putting aside the business be “knowing, intelligent and voluntary.” a matter for a client against a considerations (Do you want Company Hence, the ethics rules trump the former client, you review Penn- A mad at you? Might you get no further contracts interpretation theory. sylvania Rule of Professional business from them?), the issue is Sometimes a “hot potato” conflict IConduct 1.9 and decide whether whether this advance conflicts waiver is arises, meaning a conflict discovered the matters are substantially related and ethical and valid. after the start of a case. A firm then the interests are materially adverse. Even Some commentators have opined may decide to choose between clients, in if so, you can do it if the former client that you must have undivided loyalty effect, “firing” one, and pointing to the gives informed consent. to all of your clients, and should not waiver clause. This is another delicate If you are considering handling a accept representation in any matter issue. matter for a client against a current adverse to a current client even if you What do you think? client, you review Rule 1.7 and make a are not representing both parties in somewhat similar determination as to that particular matter. The argument is David I. Grunfeld (dgrunfeld@astorweiss. whether the representation is materially made that it is not only injurious to the com), of counsel to Astor Weiss Kaplan & adverse. Even if so, you may be able to legal profession and maintenance of Mandel, LLP, is a member of the Editorial do it if both affected clients give you the integrity of the legal professional, Board of The Philadelphia Lawyer. informed consent and it’s not in the same but that you cannot effectively counsel litigation. the client as to informed consent after Remember that “informed consent” the fact, and, therefore, there can be no is defined in Rule 1.0(e) as requiring enforceable waiver in advance. Get Published in agreement after you have communicated In short, they say there can be no “truly to the client or clients adequate informed consent” given in a prospective information and explanation about waiver. You cannot provide meaningful the material risks of and reasonably consultation to a client about potential available alternatives to the proposed future conflicts. course of conduct. Also, Rule 1.8(a) Other commentators have argued seems to require such consent to be in freedom to contract, and possibly The Editorial Board of this mag- writing signed by the client. attempts by the client to pre-empt the azine welcomes submissions Suppose, however, that you have a handling of any matters adverse to the from attorneys and other pro- clause in your signed retainer agreement client by giving some legal work to fessionals who wish to share saying that the client agrees that you can many firms. their expertise on law-related take on any matter adverse to the client The issue has come up in cases topics. as long as the matter is unrelated to the where disqualification petitions are work being done for that client. These filed. Keep in mind that the standard Articles must be original and previously unpublished. days, large companies tend to spread for disqualification is probably lower in their legal work around to various firms, the minds of judges than the burden of Manuscripts should adhere to based in part on the perceived expertise proving an ethical violation. Most cases the following word counts: of lawyers in different fields of practice. addressing this question have granted Hence, firms are utilizing that clause. disqualification, despite the waiver * Major Law-Related So, for example, you may represent clause in the fee agreement, finding Articles: 2,000 words Company A in labor and employment that the lawyer could not possibly have * Other Law-Related matters, and get an opportunity to given the client sufficient information in Features: 1,500 words represent Company B in a real estate advance to obtain informed consent. * General Interest: 1,500 words matter with Company A, or in a piece The burden is shifted to the lawyer * Fiction: 1,000 words of commercial litigation adverse to to prove that, and a general and open- * Practice Areas: 750 words Company A. When the appropriate ended advance consent is found to * Essays or Humor: 750 words person at Company A learns of this, you be ineffective where the client is not * Book Reviews: 750 words can bet they’ll be calling you and raising separately represented in negotiating the roof. You then remind them of the the fee agreement, no matter how For more information clause in the fee letter. sophisticated the client is. Consent must e-mail: [email protected].

10 the philadelphia lawyer Fall 2013

The Littlest Lawyer By Tracey E. Diamond

e argued over her clothes. “You’re visiting my office – you need to look professional,” I reasoned. “What does ‘professional’ W mean?” she demanded. “It means you can’t wear the shorts with the word ‘dance’ on your butt.” After several minutes of intense negotiation, we settled on a flowered shirt, capris and a big pink ribbon for her hair.

She chatted happily through the traffic in tow. We both stared wide-eyed into the on the Ben Franklin Bridge. All of the daily rafters. (“How did they get those statues up trials and tribulations of a nine-year-old: Who there?” she wondered.) We rode the escalator is friends with whom, what’s for dinner, will up and down a few times, just for fun. we be back in time for jazz class, etc. I half- She snored peacefully during the car ride listened, my mind already on the nuances of home, coming down from her sugar high, my day – an upcoming deposition, a handbook dreaming of judges and juries, princesses to review, a brief that needed to be written. and missing slippers. Energized from her She noted that the bridge looked different catnap, she jumped out of her “work clothes” from my office window, then promptly turned and into the shorts with the word “dance” away and demanded hot chocolate from the across the butt, sashaying her way into jazz coffee machine. I obliged, she spilled and class. I slumped down into the molded plastic then it was off to the conference room for her seat in the lobby, completely exhausted by mock jury trial in the “Case of the Purloined the collision of my two worlds, my iPhone Slipper.” (Spoiler alert – the prince was found buzzing with unanswered emails. guilty.) She looked shy and unsure, so small It is too soon to tell whether my daughter at that too big conference table. will “lean in” or lean out. Whether she will Two billable hours later, it was time to be able to figure out what “all” means for gather her for lunch. We slipped into the her so that she can truly “have it all.” The cafeteria to share French fries and idle chit- bottom line is that it is not easy juggling work chat, enjoying the view of the Art Museum and home. But I love my work and I love by the Schuylkill River. Then to my office so my family. So we figure it out. I hope that I could take a few phone calls and she could giving Chloe a glimpse into my “other world” learn how to use the copy machine, make opened her eyes to the layers of possibilities “stapler art” for my neighbors and generally that lie waiting for her so that she too can charm the 31st floor. some day “figure it out.” Isn’t that what “take By the end of the day, her ponytail was your child to work day” is all about? undone, her shirt showed evidence of a hot Whether or not my daughter joins me on fudge sundae and she told anyone who would the trip across the bridge every day someday, listen that she planned to come to work with I do know one thing for certain: My office me every day. Apparently, there are fewer is a brighter place because of a small opportunities to “decide things” (and eat ice square of “stapler art” hanging on my bulletin cream) in third grade. board. We popped into the Comcast building before heading home to marvel at the screen Tracey E. Diamond (diamond@pepperlaw. in the lobby, passing several other weary- com) is an attorney with Pepper Hamilton looking parents in business suits with kids LLP.

PHOTOGRAPHED BY Jeff Lyons the philadelphia lawyer Fall 2013 13 THE NAME GAME Annals of justice

By Steve LaCheen

o be a success,” my father used to say, “you have to of insurance company subrogation work, offered to become my successor make a name for yourself. In a profession, word of preceptor, took over the practice and used mouth is the best advertising.” And every time he it as a dowery to springboard himself “T into an equity partnership in a large said it, my mother would quickly add, “not just a name, a good firm; leaving me with the opportunity to name. A good name is more important than gold.” embark on my legal career as a neophyte with no practical experience, and no clients. So, the concept of “name” was not only one of the lessons of But, I was lucky. Within the first six months of my admission my upbringing, it became something I was always conscious to the bar, it seemed that every relative and every friend I ever of. Although as a youth, I never thought that my particular had suffered some minor accident or encountered some minor name was important to anyone but me, I carried with me the legal problem, which enabled me to learn firsthand what it idea that I had a responsibility to uphold the family name, and meant to practice law. I did it all, from doing my own typing, to to do nothing that would shame or besmirch it. filing my own pleadings, to negotiating with claims adjusters, When I became a lawyer and embarked on a career as a solo chatting up court personnel, and, generally speaking, learning practitioner, I found the guiding precepts of both the practical the ropes. and ethical aspects of practice very much in line with the dual But the real lucky break occurred in connection with the principles espoused by my parents. I set out to make a name other side of the practice, representing those accused of crime. for myself, but even more important, a good name for myself Within a half-dozen years of my starting in practice, the U.S. in my profession. Supreme Court changed that landscape. Under the leadership A.E. Houseman wrote about the athlete dying young being of an activist chief justice, Earl Warren, with the strong support fortunate not to have outlived his reputation like those whose of Justices Douglas, Black, and Brennan, the court greatly name died before the man. My situation was just the opposite. expanded the rights of criminal defendants by guaranteeing I developed a reputation as an experienced trial lawyer almost legal representation, and by putting teeth in the protections before I ever tried a case. How that came about was the afforded by the Fourth, Fifth and Sixth Amendments. serendipitous function of being in the right place at the right As defense lawyers, we were streets ahead of the police, time. who had not yet developed the standard methodology to I was admitted to practice in June 1958 and, quite overcome or sidestep the constitutional protections being unintentionally, started as a solo practitioner. My preceptor, pronounced by the Supreme Court; and so, we experienced who was a bankruptcy specialist, had died in January. His enormous success in convincing courts to suppress evidence estranged younger brother, whose solo practice consisted based upon violations of a defendant’s right to be free from

14 the philadelphia lawyer Fall 2013 the philadelphia lawyer Fall 2013 15 searches, seizures, arrests and even confessions obtained by when I have been able to cite a Supreme Court or appellate such violations, which we referred to in legal shorthand by court decision to the court before which I am arguing and the last names of the defendants whose hard-earned victories reference the fact that it was my case, that is, a case that I had paved the way for our easy ones. argued. The years between, roughly, 1964 and 1974, were rife I experienced an accolade, not of my own making, on one with Supreme Court decisions strengthening the rights of occasion, at a dinner party at our home. A young woman, the defendants, and as defense lawyers we enjoyed unprecedented date of an invited guest, for reasons I never figured out – she success in advancing those rights in court. As a result, looking was at the other end of the table, and I did not hear the lead- back on that period, when we were winning case after case on in to her story – launched into an emotional recitation of the suppression motions, almost nothing went to trial. Speaking legalistic prowess of her father’s lawyer; and when asked who for myself, I can remember actually going to trial in only a that was, mentioned my name, totally unaware that she was in half-dozen cases during that 10-year period when I probably the home of that very person, dining at his very table. achieved a successful result by way of pre-trial motion practice I received a similar endorsement when, in the midst of a in a hundred cases. multi-defendant drug trial some years ago, the government So, as I said, I achieved something of an undeserved played an undercover tape in which two of my then client’s reputation as an experienced trial lawyer years before I had co-defendants were discussing the relative merits of local ever actually tried enough cases to deserve any reputation in defense counsel and one recommended that the other call “that that regard at all. In street terms, I had a name before I played (bleeping) lawyer LaShane (sic) ‘cause that (bleeper) can talk the game. the (bleeping bleeps) off a brass monkey.” Even so ringing a As I learned through experience, however, having the name recommendation, however, did not save my client from the doesn’t mean you have the game; and it is no less true that bleeping evidence of his own tape-recorded braggadocio. having the game doesn’t always give you the name either; But, not all “name/game” experiences are either so positive which leads me to relate several incidents involving how, or so amusing. from time to time, I have been reminded of the gulf between Case in point: At a holiday party at the home of a next-door the name and the game, both in actuality and in perception. neighbor several years ago, he introduced me to his uncle, First, lest the “name game” syndrome appear totally who shook my hand and said he was pleased to meet me. He negative, let me hasten to point out that one of the great thrills was as shocked as I had been surprised (or vice versa) when I in the practice (to me, anyway) has been the rare occasion reminded him that I was the attorney who had been, and still

16 the philadelphia lawyer Fall 2013 I achieved something of an undeserved reputation as an experienced trial lawyer years before I had ever actually tried enough cases to deserve any reputation in that regard at all. In street terms, I had a name before I played the game.

was, representing him in a tax matter for more than a year. land. A similar situation occurred during jury selection in a But, for the unkindest cut of all – the most potent example case when, after the judge had introduced all counsel to the of how the perception of our importance is totally reliant upon venire and asked whether any prospective juror knew any of the reality of the perceiver – is exemplified by the following the attorneys, I realized that one of the jurors had failed to portion of a guilty plea colloquy, some years ago: recognize me as his very own attorney in a business transaction THE COURT (to the defendant): “Have you discussed this less than two years before. with your attorney?” A variation of the “name game” has occurred from time to DEFENDANT: “Yes, Your Honor.” time when I have appeared in court in one of the suburban THE COURT: “And are you satisfied with Mr. LaCheen’s counties adjacent to Philadelphia, when the dialogue has representation?” unfolded in the following fashion: DEFENDANT: “Who?” COURT CRIER: “All rise” Now, that’s a reality check, for real. (Judge enters, takes bench) THE COURT: “Please be seated. Good morning Jane” Steve LaCheen ([email protected]), a partner with (to the stenographer); “Good morning John” (to the sheriff); Lacheen Wittels & Greenberg, is a member of the Editorial “Good morning Samantha” (to the prosecutor); “Counsel” Board of The Philadelphia Lawyer. (to me); “Please identify yourself for the record.” Such an introduction rarely bodes well for the stranger in a strange

the philadelphia lawyer Fall 2013 17 Ques10tions for Chief Judge Petrese B. Tucker U.S. District Court for the Eastern District of Pennsylvania

Interview by Deborah Weinstein

.S. District Court Chief Judge Petrese B. Tucker is the first You’ve spent more of your working life as a judge than as a woman to be chief judge of the Eastern District of Pennsylvania regular attorney. Did you aspire and the first African-American woman to sit in the Eastern to be a judge when you were U District. The Philadelphia native and former assistant district growing up? attorney, a graduate of Cardinal Doughtery High School, Temple University When I was growing up, I aspired to be a lawyer. I had absolutely no idea and Temple Law School, is married to Philadelphia Court of Common Pleas that I’d be a judge. When I got out Judge Leon Tucker. of law school in 1976, I clerked for Judge Lawrence Prattis in the Court of Deborah Weinstein: Do you see yourself as a trailblazer, Common Pleas. It was at that point that I decided I wanted to being the first woman to be chief judge of the Eastern be a judge. So I had many conversations with him about how District? to prepare and professionally what to do. One of the most important things that I did was go into the District Attorney’s Chief Judge Petrese B. Tucker: Well, I guess I don’t see office and that was preparation for going on the bench. I think myself as a trailblazer, but I do think it’s a big deal. I think it’s it was great preparation. And the experience that I got in the a big deal and it happens for a variety of reasons. But one of the criminal courts is easily transferable to the civil court. I was most important reasons that it happened is that the judge before only on the civil bench, at the civil side, for a very short time me, who was chief before me, decided that he didn’t want to do when I worked for SEPTA and then I came to the state bench seven years, which is the normal term. And because he decided and I was there for 13 years, and then I came here, and I’ve been that he didn’t want to do seven years, my time came up. So it’s here, this is my 13th year. a combination of the number of years that you’ve been on board and your age. So if he had done a whole seven years, I would If you were counseling someone who wanted to be over 65 and I wouldn’t be eligible. So I have a lot to be become a judge, would you advise them to get a lot thankful, for that. Historically, I think it didn’t happen before of trial experience? is not because there weren’t other women judges, but it’s just I would say, get a lot of trial experience. The District Attorney’s the planets weren’t aligned, so to speak. I think considering the Office, the City Solicitor’s Office, the Public Defender’s Office, fact that I was the first and the only African-American woman those are the kinds of experiences where you try hundreds of on the district court bench, the fact that I’ve become chief, is cases as opposed to one case for six months that you work on, important to me and I think important to most women. But yes, and you just do bits and pieces. it has special significance because of that.

18 the philadelphia lawyer Fall 2013 PHOTOGRAPHED BY John Carlano

If there’s a shortage of justice, we really don’t know until it impacts us and affects us personally. And then it’s too late.

How is the sequester impacting They’re telling us they want us to and how important it is to be supportive what you do and what you see reduce our budget by 3 to 5 percent next of the courts. The courts are a third for the future? year and you can’t furlough law clerks, branch of government and we’re not Well, it’s very sad. And it’s unfortunate, you can’t furlough judges. We have to the FAA or TSA or something like that. because I don’t think people realize the keep things going. We have not had any It’s a totally different separate branch effect of the sequester on the criminal furloughs for this fiscal year. But there’s and it’s important. We’ve struggled for justice system, the civil justice system, an increase in reductions that have a number of years to have things in the because they’re not affected by it, to be made for next fiscal year. And positions that they are, have justice like they’re not impacted by it. It’s not like I’m hoping that we will not have any it is, have representation by counsel, something you go to the store, and furloughs. But that’s a possibility. And and all of that. And all of that is in there’s a shortage of sugar, or whatever. when people retire or leave, they’re not jeopardy at this point. The courts can’t If there’s a shortage of justice, we replaced, so we unfortunately have to do it. We rely upon the bar associations really don’t know until it impacts us do the same amount of work with less to do it. and affects us personally. And then it’s people. too late. The greatest impact right now One of the most important things We read a lot about the is the Federal Defenders Association. that can be done is for the different nomination process for federal That’s the most immediate impact. But bar associations to speak up and let the judges and how the slots are we have meetings, budget meetings. public know the impact of the sequester not being filled as quickly as

20 the philadelphia lawyer Fall 2013 they need to be. Has that had an effect on the work of the Eastern District? It has had an effect, until very recently we had six vacancies, we now have three vacancies and what that meant was the senior judges had to pick up a lot of cases. As a senior judge you have an option to take 50 percent or 25 percent of your caseload. So the senior judges really pitched in and helped to keep us afloat. We now have three vacancies and my understanding is that there will be two vacancies that will be filled in the near future. But unfortunately we’re still getting more vacancies, as the judges get older, we anticipate one or two more. So as we fill them, we’re getting more. The bench has really turned over in the last 10 or 15 years. It looks like a totally different entity than it was 15 years ago.

You are married to another judge (Philadelphia Court of Common Pleas Judge Leon Tucker). Were you both judges when you got married? Our law clerks call us Mr. and Mrs. Judge Tucker. We met each other as recent law school graduates. My husband went to the University of Kentucky for law school. We’re both from Philadelphia, but he came back to Philadelphia and we met after that. He was in private practice for 25 years before he went on to become a judge. So he’s been on the bench maybe six years. He was a solo practitioner for 25 years and as our kids grew older and In my spare time, I basically just hang do professionally and he was very we grew older, he looked for something out with my family. We’ve recently helpful. Since I’ve been here, the different. I have two daughters – one went to a family reunion in Virginia and judges, especially the women judges got married in June of last year and one my girls came down, and we just did who are here. Judge Norma Shapiro is got married in September of last year, the family thing. In the summer, we go somebody who is really just priceless. so I had two weddings last year. But to Cape May on the weekends, but it’s We just recently celebrated her 85th no grandchildren yet. One daughter is mostly just family. birthday among the judges and that in Philadelphia and one’s in New York was an important event. She celebrates City. Lindsay works for the city in the Did you have mentors or other everyone else’s birthday, you know, culture and art department and Leah individuals who helped you she brings in a cake and she goes works for an online cosmetic company along the way, gave you advice through a lot to increase the collegiality in New York. about your career or opened among the judges, but I think she’s We talk very little about what we doors for you? an important person. She was the first do at work. But we talk about just Well, I think one of the most important woman. what everybody else talks about. We people was Lawrence Prattis, who talk about family and what they’re was my first legal employer. He was Getting back to your career in doing and what we’re going to do this important, you know, he used to Common Pleas Court, did you summer. But there is so much going on write me notes, this is how you cross- run for judge the first time or in the news about the law and courts examine, this is how you don’t cross- were you appointed to fill a that you can’t help but talk about it. examine. This is what you need to vacancy?

the philadelphia lawyer Fall 2013 21

I was appointed to fill a new position, it Are there any other outside reflections on her visit to was not a vacancy. So I was appointed groups that you’re involved with? Philadelphia recently? by Governor Casey and they had the I know this is an all-consuming I did have an opportunity and she Casey 10 back then. The Casey 5 had to position. always makes sure that we have some run and the other five of us didn’t, we I’m involved with the Barristers’ conversation. She always makes time stayed for two years and then we had to Association as much as I can be. It is for the women judges. There was a little run for election. So I was a hybrid: an very difficult now, but you know, I leave reception for the women judges the last appointment, plus running. that for the young people, who have time she was here. Before then, we Running for judge was in the back of plenty of time and plenty of energy. I all went to dinner. And so, she always my mind, because you know, it’s never had been involved with the Avenue of makes an effort to talk to the women a right time to run. You just try to get the Arts, but again, it requires too much judges and she’s always very kind and as much experience as you can and time. So I’ve been kind of just doing it’s surprising how nice she is, under make as many contacts as you can. But this work and being chief, at this point, the circumstances. it requires money, and I had little kids. is requiring a lot of time. I think my youngest was 18 months Deborah Weinstein (dweinstein@ old at the time. So it really requires a Did you have the opportunity weinsteinfirm.com), principal of The family pow-wow to run for an election to meet with Justice O’Connor Weinstein Firm, is a member of the under those circumstances. when she was here for our Editorial Board of The Philadelphia luncheon, or do you have Lawyer.

the philadelphia lawyer Fall 2013 23 Using the Courts to Address America’s Gun Violence Epidemic By Jon Lowy and Elizabeth Burke ne hundred thousand people are shot every year in America, about 30,000 fatally. O Every day more than 80 families lose a loved one to the gun violence epidemic facing our country. After the mass shooting of 20 first-graders and six educators at Sandy Hook Elementary School in Newtown, Conn., polls showed that more than 90 percent of Americans favored requiring background checks for all sales of guns, and the majority favored banning sales of military-style assault weapons and high-capacity ammunition magazines. Yet the National Rifle Association has made it a priority to defeat any bill that would reasonably regulate guns. The bipartisan effort to expand background checks to most gun sales died in the U.S. Senate, and bills to keep AK-47s and 30-round magazines off the streets failed as well. There is no public policy issue that faces such a stark disconnect between the public demand – and need – for reasonable regulation, and legislative failure to follow the voters’ will.

Ignoring public opinion and the 100,000 gunshot victims per year in America, the gun lobby aggressively pushes for laws and policies which make it easier for dangerous people to have nearly unlimited ability to purchase guns and carry them in public places. These policies do not protect Americans or make our society safer. These policies do only one thing: make it easier to sell more guns. Congress has not only failed to act to stem the tide of gun violence, they have eliminated regulations and oversight, carving out special exemptions that favor the gun industry with laws advantageous to gun manufacturers. Bringing liability cases against criminal and negligent gun dealers is a top priority in the fight against gun violence in our country. These are cases that expose the practices of dealers who are supplying large numbers of criminals and causing thousands of deaths a year. Litigation can hold these dealers accountable and reform the industry. When President George W. Bush signed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005, the NRA hailed it as the most significant piece of pro-gun legislation in 20 years. PLCAA confers special immunity from civil liability on the gun industry, shielding it from American common-law principles of civil justice that apply to every other industry or person who causes injury. Some courts have Photo by Aldaron Photo held that PLCAA shields gun sellers from simple negligence and product liability law, making it far easier to hold a BB gun

the philadelphia lawyer Fall 2013 25 manufacturer liable than Bushmaster, the manufacturer of the Heller court specifically noted that the Second Amendment assault weapon used by the Sandy Hook killer and the D.C.- did not prevent reasonable restrictions and listed examples of area snipers. Other industries that operate in the U.S. and sell some longstanding regulations that were not in violation of to American consumers face liability if they manufacture or the Second Amendment, such as bans on concealed weapons sell their products in a dangerously negligent manner. While or dangerous and unusual weapons, as well as prohibitions not always popular, these suits help to ensure that the safest on gun possession by felons or the mentally ill, or possession possible practices are used in the manufacture and distribution of guns in schools or government buildings. Heller at 54. In of products intended for consumer use. Guns are a consumer many ways, it is clearer now than ever before that reasonable product and there is no inherent reason why they should regulation of firearms is constitutional. enjoy greater protection than any other product. PLCAA has The next five years will be crucial in defining the contours not stopped lawsuits against irresponsible gun companies (as of the Second Amendment as numerous cases work their way explained below), and there are serious arguments that the law through the judicial system. Proponents of lax gun laws have is an unconstitutional infringement on state autonomy, judicial launched an unprecedented onslaught to gut gun laws in the independence, and civil rights. However, as interpreted by courts, and to establish a broad constitutional right that would some courts, PLCAA has denied justice victims of negligent mandate their “any gun, anywhere, anybody” agenda. Over gun industry conduct. the next few years, as these cases are decided in the courts, The special protection for the gun industry doesn’t end with precedent will be set that will determine the extent to which PLCAA. Congress went even further when it allowed a rider to communities can respond to gun violence through legislative a federal spending bill that restricted the ability of the Bureau action, perhaps for a generation. of Alcohol, Tobacco, Firearms, and Explosives (ATF) to share With Congress mired in gun industry influence and money, gun trace data. When a gun is used the fight for reasonable gun in a crime, it is traced back to its violence prevention policies has original point of sale. This gun moved into the state legislatures trace data is crucial in determining and the courthouses. The Brady which gun dealers are actively Center recognizes that this is a time selling to criminals. This data had In Florida, the legislature of great opportunity in the effort long been shared with the public passed a bill that would to reduce gun violence. There are in response to FOIA requests and reasonable gun regulations, which was crucial for bringing public have taken away a if enacted and upheld, can begin to nuisance lawsuits against gun reduce gun deaths. Liability cases manufacturers. Congressman Todd physician’s license if that against negligent gun companies Tiahrt (R-Kansas), the author of can reform dangerous gun industry the rider, was quoted as saying, physician even talked practices, even with the limitations “I wanted to make sure I was about gun ownership placed by PLCAA. The courts supporting my friends who are are a level playing field and are firearms dealers. NRA officials with a patient. generally not influenced by special were helpful in making sure I had interest money. The Brady Center my bases covered.” has launched a working group As a result of a special exemption of concerned attorneys called in the Consumer Product Safety Lawyers for a Safer America. LSA Act, guns are the only consumer gives lawyers around the country product exempt from federal product safety oversight, so guns the opportunity to work on important Second Amendment can be made and sold without feasible, inexpensive life-saving cases. safety features. ATF is the only law enforcement agency in Several state legislatures have enacted reasonable the nation that is arbitrarily prevented from doing its job; for restrictions on firearms since the tragedy in Newtown. example, an NRA-driven law bars ATF from conducting more Connecticut, Maryland, Colorado and New York have all than one spot inspection of a gun dealer in a year. passed reasonable gun control measures designed to reduce Opponents of reasonable gun regulations cite the Second gun violence in their states. These measures include limits Amendment when defending these special protections on high-capacity magazines and certain types of unusually for gun manufacturers and dealers. The gun lobby argues dangerous firearms. Opponents of gun regulation have filed that no restriction on the right to sell or possess firearms is suits in all states where such measures have passed, asserting constitutional because of the Second Amendment. Fortunately, that a state does not have the right to regulate guns because of this argument has been definitively put to rest in the seminal the Second Amendment. LSA is working with lawyers around Supreme Court decision interpreting the Second Amendment, the country to file amicus briefs and assist states in protecting District of Columbia v. Heller, 554 U.S. 570 (2008). While their reasonable gun regulation. the 5-4 Heller decision recognized a right of law-abiding, LSA will also work with the nation’s cities to assist them responsible citizens to have a gun in the home for self- when opponents of gun regulation try to overturn city efforts defense, the court stated that the “Second Amendment, like all at reducing gun violence. For example, when Philadelphia and rights, is not unlimited.” Heller at 54, emphasis added. The Pittsburgh passed packages of gun regulations designed to

26 the philadelphia lawyer Fall 2013 make their streets safer, the NRA tried have taken away a physician’s license unconstitutional and violate equal to enjoin the cities from enacting their if that physician even talked about gun protection. Certainly if the Constitution laws. National Rifle Association v. City ownership with a patient. The Brady protects an individual’s right to own a of Philadelphia, No. 001472 (Court Center and LSA lawyers quickly filed gun, it also protects his or her right not of Common Pleas of Philadelphia suit and prevailed at the trial court level, to own a gun. Brady Center v. City of County), National Rifle Association with the court striking down the law in Nelson, Georgia, U.S. District Court v. City of Pittsburgh, No. 09-007912 its entirety based on argument that it for the Northern District of Georgia, (Court of Common Pleas of Allegheny was unconstitutional. The case is on 2-13-cv-104-WCO. County). The NRA argued that a state appeal and was to be argued in July in LSA and the Brady Center also see preemption statute barred any city from the U.S. Court of Appeals for the 11th other opportunities to reduce gun enacting common sense gun regulation. Circuit. Dr. Bernd Wollschlaeger, et al. violence through the courts. There is The Brady Center assisted the cities in v. Governor of the State of Florida, et ample precedent that reasonable gun defending their gun violence reduction al., Appellants, No. 12-14009. violence prevention can be achieved policies. In Nelson, Ga., the town council through bringing liability actions The opponents of reasonable passed an ordinance in April requiring against negligent gun dealers. Courts regulation on guns have gone further that a “head of household” maintain and juries have repeatedly been than just challenging regulations a working firearm and ammunition amenable to finding gun dealers liable passed by states. Some amazing in the home for the protection of its for the damage done by their negligent examples of overreach by legislatures inhabitants. The Brady Center, with the sales practices. Litigation is a powerful have occurred. In Florida, the help of LSA lawyers, filed suit against and effective tool for reforming the gun legislature passed a bill that would Nelson, claiming that these laws are industry, even despite the restrictions

the philadelphia lawyer Fall 2013 27 Congress has enacted. questioned Bruce or any purchaser to County). Anthony, 14-year-old, was Seven-year-old Nafis Jefferson determine if sales were potential straw shot by his friend with a .25-caliber was playing with his friends on the purchases because he didn’t think Phoenix Arms semiautomatic handgun. sidewalk in his South Philadelphia it was his business. Further, Bruce His friend, who was also 14, had bought neighborhood when they found a gun. testified that Sauers “had to know what the gun on the street and thought the One of the children picked up the loaded I [Bruce] was doing,” and also said that gun’s safety was activated when he .44-caliber Rossi revolver, pointed it at Sauers asked Bruce to wait until all his pulled the trigger and shot Anthony Nafis and pulled the trigger. The bullet other customers left before selling guns in the stomach. Oliver died later that hit Nafis in the head and killed him. to Bruce. night. The Brady Center and Philadelphia Sauers agreed to settle the suit The gun was originally sold by attorney Mark Lewinter filed suit as the case was headed to trial in Lou’s Loan in Upper Darby, Pa., to on behalf of his mother. Jefferson v. August 2004. While the settlement an individual named Jerry Battle, who Amadeo Rossi, S.A. (Court of Common amount was officially confidential, bought multiple guns from the store that Pleas of Philadelphia County). Gun local news media reported that it was were later used in crimes. Gun trace data trace data showed that the gun was sold approximately $850,000. Besides the showed that from 1996 to 2000, Lou’s from a licensed gun shop called Sauers magnitude of the settlement, the case sold 441 crime guns, making it the Trading to Perry Bruce on Aug. 4, 1997. was notably the first in the nation in top crime gun dealer in Pennsylvania. The Rossi revolver was one of 11 guns which a gun dealer settled or was found Phoenix Arms, the manufacturer of the Bruce purchased from Sauers in a three- liable for negligently selling guns to weapon that killed Oliver, continued to year period. Of the 11 handguns sold to a trafficker who in turn supplied the supply Lou’s, despite the store’s record. Bruce, nine were inexpensive, easily criminal market. Lou’s later had its license revoked by concealable semi-automatic handguns In another case, the Brady Center ATF in July 2006 and in 2008 Lou’s referred to as Saturday Night Specials, and Philadelphia co-counsel filed suit Loans settled the suit with plaintiffs. which have no value to collectors. against Lou’s Loan and Phoenix Arms Discovery revealed that Sauers had on July 20, 2005, on behalf of the Jon Lowy and Elizabeth Burke are sold at least 41 handguns to six gun parents of Anthony Oliver. Oliver v. attorneys with the Brady Center for the traffickers between 1993 and 1999. Lou’s Loans, et al., No. 1836, (Court Prevention of Gun Violence. Sauers also testified that he never of Common Pleas of Philadelphia

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28 the philadelphia lawyer Fall 2013 NEWLY UPDATED Philadelphia Court of Common Pleas Civil Practice Manual 16th edition with searchable cd-rom

The “must have” guide for practitioners who handle 16 information-packed civil cases in the Philadelphia Court of Common Pleas chapters Whether you are a seasoned litigator, a newly admitted attorney, or a paralegal, you will 1) Civil Administration want to own the best guide to civil practice in Philadelphia County. The manual offers you a wealth of practice guidance available nowhere else. 2) First Filings 3) Service of Process, Default Judgment & Discover the unwritten rules of civil practice from Non Pros judges, court personnel, and practitioners who wrote 4) Defendant’s First Filing and edited the book 5) Preliminary Relief Updated by members of the court, key court personnel, and experienced litigators, 6) Discovery the manual guides you from first filings through post-trial motion and execution of 7) Motion Practice judgments. The manual contains the most significant and newly updated court-issued 8) Major Jury Cases regulations, guidelines, procedures, judges’ preferences, and practical forms that you will use and refer to over and over again. 9) Complex Litigation Center (Mass Tort, Major Non-jury & Appeals from Arbitration) The 16th edition offers important updates 10) Commerce Case Management Program • Updated directory of nonjudicial court administration personnel and judicial assignments 11) Class Actions • The latest Civil Trial Division Motion Assignment Matrix 12) Compulsory Arbitration • Day Forward/Major Jury Cases Program team leaders • Updated case management orders for standard and expedited track, medical malpractice 13) Settlement • Updated mass tort calendar and administration in the Complex Litigation Center 14) Trials and Evidence • Asbestos Bar Discovery Rule/Pharmaceutical Bar Discovery Rule and discovery deadlines 15) Post-trial Matters • New rule on reverse bifurcation of mass tort cases • New Commerce Program Advice to Counsel appendix 16) Execution Practice • Updated Commerce Program time standards by track • Case law on policies underlying class actions, burden of proof, proper consideration at EDITORS class certification stage, numerosity, commonality, typicality, certification/decertification, John C. Grugan, Esq. Matthew A. White, Esq. appeal of certification, settlement • Preservation of issues for appeal—rules and requirements • Filing and service of notice of appeal; fees AUTHORS Deborah E. Dailey Burt M. Rublin, Esq. • Continuation of Residential Mortgage Foreclosure Diversion Program Peter J. Divon Stanley Thompson, Esq. Plus... find out which forms are obsolete, which forms have changed, and which John C. Grugan, Esq. Patrick J. Troy, Esq. forms are new. Joseph L. Hassett, Esq. Matthew A. White, Esq. Charles A. Mapp, Sr. Darryl J. May, Esq. Norma M. Monte Susan Packer, Esq. Carl G. Roberts, Esq.

(#7786)—$189 This book is included in PBI’s automatic update service. Philadelphia Court of Common Pleas Civil Practice PBI will publish new editions as appropriate to keep the Manual 8.5" x 11" looseleaf binder 16TH EDITION book up to date. Everyone who purchases the book will Editors John C. Grugan & Matthew A. White PBI No. 7786 950 pages receive each update at a reduced price with an invoice Published June 2013 and an option to return it with no further obligation. Philadelphia Court of Common Pleas Civil Practice Manual

Requires Adobe Reade 8.0 or higher (available r See readme file. free) NOTE: If you do not want to be enrolled in this service, Purchase of this CD entitles -ROM the owner to use it o single computer on n a ly. It may n be copied or used o ot network w ver a ithout express writt en license from PBI. CR – 7786 © 2013 Include $6.00 shipping and 6% sales tax 800-247-4724 | www.pbi.org Pennsylvania Bar Institut All Rights R e eserved

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TO ORDER TO on all book orders—see order form. The Case for Gun Rights By Jonathan S. Goldstein

hat is the problem with the dialogue around firearms Second, we have to agree that we have enough laws to prosecute most today? every criminal and that those laws are There is no dialogue. under enforced. W For example, I recently examined And there is no dialogue because there is no framework for a several sets of data on straw purchase productive discussion between pro-gun advocates and gun control prosecutions in Pennsylvania. A straw purchase occurs when a person who advocates. The two sides on this issue don’t really even know how is not prohibited from purchasing a to talk to each other. firearm uses or attempts to use his or her clean identity to pass a background check and purchase a firearm for How do we establish a framework for discussion? someone who is prohibited from possessing a firearm. I believe we must first ask two questions. What do lawful Pursuant to 18 Pa.C.S. § 6111(g)(4) it is a third-degree felony gun owners want? What do gun control advocates want? under Pennsylvania law to make a straw purchase. I’ve spent some time talking to a few people on the other Why prosecute straw purchases? A November 2001 Bureau side of this issue from me – I’m avowedly pro-gun – and I’ve of Justice Statistics study tells us that in 1997, 78.8 percent learned a good bit about what they claim to want. of incarcerated criminals surveyed told researchers that they There are certainly differences, but in many ways, both obtained their guns from a “friend or family or street/illegal sides appear to want the very same thing: to keep guns out source.” These are classic straw purchases. of the wrong hands and encourage all gun owners and gun The Pennsylvania Commission on Sentencing, an agency handlers to obey the law. of the General Assembly, tracks prosecution and conviction Knowing this, how to start a dialogue? data for all crimes committed in Pennsylvania. On its website First, we have to divide into three buckets people who (http://pcsdata.psu.edu) one can extract the statute by statue come into contact with guns – the law abiding; the mentally prosecution rates and sentencing outcomes on any crime in ill; and, criminals and the people with whom they surround Pennsylvania, including straw purchases. themselves. In March 2008, Mark Fazlollah wrote the article “Pa. a As we enforce our existing gun laws and consider enacting Favored Source for Gun Traffickers” in The Philadelphia new ones, we have to ask ourselves, are we aiming at the Inquirer where he lamented “most of the state’s 67 county second two buckets – the mentally ill and criminals – or will prosecutors didn’t file any cases against alleged straw buyers the proposed enforcement disproportionately affect the law in 2006 or 2007.” I looked at the pre-Fazlollah data on straw abiding? purchases using 2004 as a baseline year. I compared 2004 to I believe the recent Toomey bill failed in the Senate not the most current year available, 2011. because the National Rifle Association has some sinister hold In 2004, before Fazlollah’s article, there were 84 total on our elected officials, but because many senators correctly prosecutions for straw purchases in the 67 counties statewide, perceived that the bill was too squarely aimed at the law or an average of 1.25 per county. In 2011, there were 136 total abiding and insufficiently focused on the mentally ill and across the commonwealth, or an average of 2 per county. criminals. I recently participated in a statewide panel on firearms policy.

30 the philadelphia lawyer Fall 2013 Law enforcement representatives and to carry firearms application process be called to account. It’s time to put a gun control advocates on the panel to harass lawful applicants and must stop to it. spent much of their time advocating adhere to the technical requirements Second, we want greater certainty for additional laws to prosecute straw of the background check laws. Many of what we can expect from law purchasers. Straw purchases are already counties don’t respect the uniformity enforcement, regulators and agencies a felony in Pennsylvania and under of the commonwealth’s background and we want even handed treatment. federal law. Yet, from the baseline year check laws. They have introduced For example, in Pennsylvania, a to last year, statewide prosecutions only additional requirements beyond person who appears to be in mental increased by 52. those statutorily permitted such as distress can be brought by police to a When confronted with these facts, fingerprinting all applicants. Others use county-designated medical center for my co-panelists offered the excuse that the application for a license to carry a mental health examination. By law, prosecuting straw purchases is hard firearms (often erroneously called a within two hours of arrival, a potentially work. Well, yes. And it’s high time we concealed carry permit) as a ticket distressed individual must be examined did that hard work and used our existing to subject the applicant to chilling by a mental health professional. If at laws to stop easy to identify people who public scorn with phone calls to an the conclusion of that examination we already know are breaking those employer or to neighbors as part of an the person is kept for observation, laws by making straw purchases. (impermissibly) expanded background his firearms rights are immediately We have to collectively acknowledge check. Philadelphia even went so far as suspended and the Pennsylvania State that when criminals commit Police are notified within seven crimes with guns the solution is days that he is a “prohibited not more laws to make the already person” who is unable to purchase illegal…even more illegal. This is or possess firearms. particularly true when enforcement Even if the patient is then released of existing laws is not nearly as after a 72-hour observation period, vigorous as it should be. If tweaks We have to collectively the right to possess or purchase to our laws are needed, they can firearms remains suspended until probably be accomplished with acknowledge that when it is restored, at the applicant’s sentencing enhancements. expense, by a Common Pleas Fail to report a lost or stolen criminals commit crimes court. This restoration process firearm? If you’re convicted of often involves waiting several straw purchasing or firearms with guns the solution is months, then retaining a mental trafficking, the failure to report not more laws to make health expert and an attorney for can easily become a sentencing the Common Pleas proceeding. enhancement if it can be proved the already illegal…even It can cost thousands of dollars. to a trier of fact that the straw If we can take away gun rights purchases were facilitated by a more illegal. administratively, lawful gun failure to report a lost or stolen owners need a path to restore those firearm. rights administratively without What do gun owners want in ruinous personal expense. return? Equally troubling, Philadelphia First, we want our government at regularly seizes firearms from all levels to respect the presumed owners whose only crime is lawfulness of our activities and to to reveal on a publicly available website lawfully carrying pursuant to a duly respect the statutory limits placed on the names of applicants appealing the granted license to carry firearms. In government by the General Assembly. denial of a license to carry firearms. too many cases, those from whom Philadelphia and other cities must This is patently illegal under 18 Pa.C.S. firearms are seized are never arrested stop harassing lawful gun owners with § 6111(i) and several other attorneys or are never charged with a crime new, patently illegal laws. Philadelphia and I have filed a class action on behalf that is prosecuted. They are simply just passed an ordinance enabling the of affected applicants. divested of their property and told to City’s Parks & Recreation Department Also, several commonwealth sue the city if they want it back. The to regulate the possession of firearms agencies continue to promulgate officers who take these firearms, and in city parks. The law is pre-empted unlawful firearms regulations the police supervisors who encourage by 18 Pa.C.S. § 6120. Legislators in in contravention of the General it with the full knowledge of the police Philadelphia know this because they’ve Assembly’s express statute instructing commissioner, know that most firearms already been sued – and lost – several them not to do so: 18 Pa.C.S. § cost less than $1,000 and that it will times over other pre-empted city 6109(m.3)(2). take many times that amount in legal ordinances. Firearms rights are civil rights. Units fees to effect a return of a firearm Similarly, law enforcement across of government that pass illegal laws through the courts. They take property the state must stop using the licenses and that harass lawful gun owners must with impunity knowing most victims

the philadelphia lawyer Fall 2013 31 won’t challenge the illegal seizure. This purpose,” what is? Nevertheless, district spouse who is traveling out of town or is an outrage that wouldn’t be tolerated attorneys around the commonwealth who is hospitalized when an ex-parte if the seized materials were Bibles or continue to ignore plain language and temporary PFA comes into effect. reporter’s notes or political pamphlets. threaten to prosecute license holders. These and other uncertainties in the Why should we tolerate it with other Many of these same district attorneys law must be clarified. Gun owners constitutionally protected property? threaten to prosecute for defiant trespass working hard to comply with the law Third, we want vague statues license holders who miss a small sign or shouldn’t have to live with the constant clarified. enter a building at an entrance without threat of prosecution for vague offenses For example, the definition of a signage and are subsequently found to or uneven application of the law. “vehicle” at 18 Pa.C.S. 501 includes a be carrying a firearm in a building with Instead, our statutes and regulations bicycle, a kick scooter, a wheelchair, “no firearms” signage. should serve as a clear guide to help a stair lift, a forklift, a Segway and a Most troubling, courts in at least principled gun owners comply with the wheel barrel. To carry a firearm in a one Pennsylvania county treat ex-parte law. “vehicle” requires a license to carry a temporary protection from abuse orders In short, if we treat law abiding gun firearm. This definition of a vehicle is as in force when issued, not when owners as the respect-worthy citizens overbroad and too readily exposes an served. Such orders require divesture that we are – mainstream people unsuspecting gun owner to criminal of firearms within 24 hours under the exercising a constitutionally protected charges. threat of criminal contempt. Certainly civil right – we can find common ground In the same vein, there remains much everyone acknowledges that where to keep guns away from inappropriate controversy over whether the license to there is the possibility of domestic people and demonstrate to any observer carry a firearm allows a license holder violence, there’s no place for firearms that compliance with the law is worth to carry a firearm on the grounds of a until the matter can be sorted out. the trouble. school despite a clear statute permitting Equally certain, however, is that our carry onto school grounds for “other system of governance requires due Jonathan S. Goldstein (jonathan@ lawful purpose.” If carry pursuant to process. It does not seem balanced that pobox.com) is an attorney with a commonwealth license duly granted law-abiding gun owners can run afoul McNelly & Goldstein, LLC. for self-defense after a comprehensive of a court order without even knowing background check isn’t a “lawful of the existence of the order. Picture the

32 the philadelphia lawyer Fall 2013 Application of the Exclusionary Rule in Immigration Proceedings:

Not Just Egregious Violations, Recommendations for Meaningful Protection of Civil Rights

By Matthew G. Tom

Early on a cold January morning in a quiet Oklahoma town, removal from the country does not Carlos Estrada, his wife, and teenage son and daughter were constitute a criminal punishment, asleep in their home of 10 years when a team of ICE agents but merely a civil one, the mere pounded on their front door. Hastily, Mr. Estrada answered exercise of national sovereignty. the door, and agents entered the home. They handcuffed every This categorical approach, however, member of the Estrada family and put them face down on has lost legitimacy in an age where the floor of their living room, guns drawn. Agents explained immigration law and criminal law, that Mr. Estrada had been under investigation for the last as a practical matter, have merged. three years and showed Mr. Estrada surveillance pictures of The criminalization of immigration himself at his workplace from three years earlier. However, violations coupled with the inherently after agents compared an electronic fingerprint of Mr. Estrada disruptive nature of physical removal from with the man they were actually seeking, the agents realized the country challenges the assumption that they had raided the wrong home, and targeted the wrong that immigration sanctions are civil and person. Even still, Mr. Estrada was ordered to produce a green therefore require lesser standards of due card. He could not because he was a United States citizen. process, or exemption from constitutional The Estrada family remained in handcuffs for another forty limitation. minutes before being released. Despite the general reticence of the courts to acknowledge Stories like the Estradas’ are not rare; rather, tales of constitutionally mandated protections in immigration, the egregious violations of the civil rights of United States United States Supreme Court in INS v. Lopez-Mendoza citizens and of noncitizens in the course of immigration recognized the possibility for limited application of the enforcement are widespread. While the courts have applied exclusionary rule in immigration proceedings despite their the exclusionary rule in criminal law to deter the type of purported civil nature for violations of Fourth Amendment unlawful state action that traumatically affected the Estrada rights in 1984. Since then, several of the Circuit Courts have family, the Supreme Court has held that the rule will not found occasion to interpret Lopez-Mendoza and articulate its generally apply to unlawful state action in the immigration import in immigration proceedings, including the application enforcement context. of the rule in at least one appellate case. However, the As an initial matter, it is important to note that legislative exclusionary rule remains sparingly and inconsistently power and incident executive power is arguably at its height in applied and, therefore, ineffective deterrent of government the context of immigration law. Notwithstanding the general violations of the Constitution in immigration law. rule that the United States government is one of enumerated This Comment explores the application of the exclusionary powers, the courts have resisted constitutional limitation of rule in the immigration context. It sets forth the ways in immigration laws basing this decision on the plenary power which circumstances have changed since the Supreme doctrine established in the case of Chae Chan Ping v. United Court’s decision on the issue, circumstances that now require States. There, the Supreme Court held that a federal law the Court’s initial decision be reevaluated. Ultimately, prohibiting immigration on the basis of race was permissible this Comment asserts that the exclusionary rule should be because the “power of exclusion of foreigners [is] an incident fully adopted in criminal immigration enforcement without of sovereignty belonging to the government of the United imposing the more stringent “egregious violations” standard States, as a part of those sovereign powers delegated by the because removal has effectively merged with the criminal Constitution.” This holding and its progeny has established punishment of individuals and, accordingly, can no longer be a nearly unassailable deference for Congress in immigration considered a mere civil penalty. matters that has come to be called the plenary power doctrine. Even if immigration proceedings continue to be recognized Given the existence of the plenary power it is as civil in nature, the changed circumstances of immigration not surprising that the constitutional protections afforded enforcement have led to geographically and institutionally persons in criminal proceedings do not generally extend widespread violations of the Constitution such that the into related immigration proceedings, opening the door to exclusionary rule must be adopted pursuant to the Supreme unlawful government action. For instance, while criminal Court’s own reasoning in Lopez-Mendoza. suspects are guaranteed the Fifth Amendment right against self-incrimination and the right to an attorney in criminal Matthew G. Tom ([email protected]) is a 2013 graduate of Temple proceedings, such rights are not as a matter of constitutional University Beasley School of Law and an associate with Cohen law afforded that same suspect should she be subject to the Seglias Pallas Greenhall & Furman PC. For the complete essay go to removal for related immigration reasons. www.philadelphiabar.org/WebObjects/PBAReadOnly.woa/Contents/ This outcome has been justified, in part, on the theory that WebServerResources/CMSResources/ginsburgessay13.pdf.

the philadelphia lawyer Fall 2013 33 a Mission to Cuba

Members of the Louis D. Brandeis Law Society and Temple American Inn of Court gather in front of a Havana cathedral. a Mission to Cuba By Lauren A. Wilkinson

he Louis D. Brandeis Law Society and Temple American Inn of Court departed from Miami International Airport on Feb. 28 for a five-day T trip to Havana, Cuba. Led by Pennsylvania Superior Court Judge Anne E. Lazarus, Philadelphia Court of Common Pleas President Judge Pamela Prior Dembe, and Court of Common Pleas Judge Sandra Mazer Moss, we devoted the trip to gaining an understanding of the judicial system in Cuba, meeting with Cuban judges and lawyers, and exploring and learning about the island country that took center stage during the Cold War. Judge Lazarus said it was “fascinating not only to visit Cuba, but also to learn from local lawyers and judges and meet some of their prominent citizens. We could not have been more warmly welcomed. The food, rum, cigars, art and people were all wonderful and not necessarily in that order.”

On March 1, members of the Adath Israel El who not only acted as our resident experts, but Patronato Synagogue graciously hosted our group also affectionate storytellers. Stories including and we participated in their Shabbat service and friends’ attempted escapes from the island seemed Kiddush. The Philadelphia lawyers and judges daunting as ocean waves continuously crashed were granted temporary humanitarian-based visas onto the roadways, washing over the fifties-era providing assistance to Cuba’s Jewish population cars driving by. by donating clothes and school supplies consistent The first day, we visited the Place of the with the Temple Inn’s educational mission. Revolution, and drove through old Havana, Our group followed two Cuban tour guides, noticing vast areas of what were formerly

PHOTOGRAPHED BY Lauren A. Wilkinson handsome buildings now abandoned and open to the elements, is in Cuba. While they do not have jury trials, their ‘judges’ sit with missing windows, and once ornate stonework lying in in panels of three or five depending on the severity of the case. disrepair. This living museum romanced us as we visited It’s just another way of giving justice to the people.” houses turned restaurants, and dined on local cuisine and Former Chancellor Alan Feldman remarked that the “Cuban listened to live bands. legal courts in operation was an eye-opening contrast between Buildings and homes previously occupied by well-to- the mature rule of law as developed in the United States, and do Cubans who fled the country in the wake of Batista’s a rudimentary justice system that did not seem to be moored presidency from 1940-1944 (and later dictatorship from 1952- to any established legal principles. When we were told that 1959) or thereafter rise of Fidel Castro’s communist regime. panels of three ‘judges,’ only one of whom was law-trained, Former Philadelphia Bar Association Chancellor Abraham would instantly decide disputes after hearing from the parties “Abe” Reich noted the “fascinating dichotomy between by promptly voting for a ‘winner,’ I was reminded more of poverty of the Cuban people and their art, music and food, American Idol than any judicial proceeding I’ve ever seen.” and the zest with which the Cuban people applied themselves Much like a civil system that one finds in France or in these arenas, belied any notion of poverty.” Time stood Nigeria, the Cuban judicial system operates with one or still as we became part of this “communist museum,” largely two professional judges (specially trained at a certified unchanged since the 1980s, isolated from Americanized institution) and the others are lay-judges selected by their culture and television, and capitalism. The streets display a companies or their communities. Our group open-mindedly Cuban ambiance reminiscent of the film “Havana Nights,” observed the presentations of the court systems by Uníon with classic Chevys, Fords and Oldsmobiles circling the Nacional de Juristas de Cuba (UNJC), whose representatives airport as if in an antique car parade. provided insight into the system’s 313 recent constitutional A member of our group, David Korenstein, and his brother, changes and future Cuban-American relations. Judge Dembe came to the U.S. with student visas in May 1961 during the rise was “fascinated by the way the Cubans are preparing for of the Casto regime and their parents a return to normal relations with followed them through David’s efforts the U.S. and the great increase in and the HIAS program two years later. capitalism that will come with it. Korenstein remains deeply connected They are carefully watching the areas to his Cuban upbringing, listening to “We should keep this where free enterprise is permitted Cuban music and cooking traditional in order to change their legal system Cuban cuisine from his Pennsylvania exchange because as needed to cope with this. They home. “I had such a great childhood, its are very concerned not to repeat the something I can’t forget, I don’t want there are more disastrous unregulated capitalism that to forget…It’s in you…when you’re things that unite us occurred in Russia.” Notably, these a child, things stay with you.” The 313 constitutional alterations include trip enabled him, alongside daughter than separate us.” certain aspects of free enterprise, Noleen, to revisit his childhood home, agricultural and migratory reforms. elementary school and grandparents’ As one Havana lawyer in attendance gravesites. stated, “the legal system in which a The Cuban judges and lawyers we lawyer works doesn’t matter, we still met were very polite and very happy to share information have the same vocation for justice,” highlighting similarities about the Cuban judicial system. A Cuban judge stated, “We between Cuban and U.S legal systems. Drawing similarities should keep this exchange because there are more things that to attorney-client privilege, the Havana lawyer said “despite unite us than separate us.” They described their civil law living in a socialist state, Cuban attorneys do not have to system comprised of judges appointed by the legislature for give any information to anyone.” Thus, client confidentiality life terms and defendants who work in legal “collectives.” seems intact despite other major differences to our systems, Legal collectives raise money through nominal fees to clients such as the lack of private practice, regulated hourly rate, and and jurisprudence, they noted, is uninfluenced by political the educational system of judges and lawyers. The lack of agendas of the state. “When we met with the Cuban judges structure and the apparent absence of a written record make for and lawyers, some of us forgot that we don’t have same First a system where results are not predictable and errors that are Amendment rights in Cuba that we have in U.S. and the common in judgments cannot easily be corrected via appeal. atmosphere got a little tense,” said Chancellor Kathleen D. The intersection between legal education and humanitarian Wilkinson. “Judge Dembe and Judge Moss suggested I change assistance created a very interesting visit. The group met one the subject and talk about the Philadelphia Bar Association. attorney who represented an American who had been detained The mood lightened considerably.” by the Cuban government for building support within Cuba’s A member of our group expressed his appreciation for Jewish population and allegedly aiding the United States as an our hosts and noted, as lawyers, “we are superb problem informant. In 2009, Alan Gross was convicted and sentenced solvers, our sense of justice is what delivers solutions to great based on these charges and awaits some retribution for acts problems.” “We can build in these few days together, a bond of that should be protected under international principles of friendship and of problem-solving.” Judge Moss observed, “I human rights. The Philadelphia group included people who was especially interested in how egalitarian the justice system identify with Gross as fellow Jews who eagerly discussed

36 the philadelphia lawyer Fall 2013 A tour through Old Havana showed many nearly empty or empty buildings with the exception of a makeshift business on the first floor. Former Philadelphia Bar Association Chancellors Alan M. Feldman (left) and Abraham C. Reich were among the members of the delegation.

potential avenues for Gross with his attorney, hoping for his through her subtle expression of political messages. She return to the U.S. and due process. We also heard an emotional portrays her personal struggles by mirroring the ‘coming appeal from a mother of one of the “Cuban 5,” the five Cubans of ages’ dilemma through a portrait of a government-in- imprisoned in the U.S. transition. She symbolically ascribes herself to the children’s Some of these meetings revealed not only a striking novel using Alice’s thematic disorientation as parallel to her difference in justice for an American in a foreign country, but own experiences. Artist Kevin Lopez Nieves repurposed also a need to express our views cautiously on a caustic legal the gunshot-damaged signs stripped from Cuba in an effort issue that the U.S. Supreme Court has itself generated much to remove capitalistic influence. These signs advertising rhetoric and debate, and the importance to exercise discretion American enterprises including Texaco, Kodak and Shell Oil in stating our views, since we did not enjoy our normal First had bullet holes in them from the rise of the Castro regime. Amendment rights. Harnessing an artistic outlet produces powerful artistic In addition, Cuban artist Sandra Ramos Lorenzo displayed interpretations for these artists while giving onlookers a her symbolic self-depictions, in particular as Alice from deeper connection of the key role that politics has played in “Alice in Wonderland.” Her artistic expression takes flight the lives of Cuba’s citizens.

38 the philadelphia lawyer Fall 2013 We followed in Ernest Hemingway’s footsteps, visiting his home where he wrote “For Whom the Bell Tolls” and his beloved bar, La Floridita, where a life-size sculpture of the writer now Chancellor Kathleen D. Wilkinson with Judge stands at the bar waiting for his self- Anne E. Lazarus, one titled favorite, The Hemingway. The of the leaders of the writer loved Hotel Nacional de Cuba, trip to Cuba. which has beautiful views of the ocean, outdoor lounge, all well maintained with rich history. The hotel evokes an against the background of classic at the Café del Oriente, enjoying our early 1920s old-Hollywood ambiance, American cars, the incredible panorama last tastes, smells and memories of the easily envisioning the socialites that of historic truths – recurrent Cold War country through conversation, farewell enjoyed these same views, cigars, aged reminders of a past time very much still speeches and appreciation of our tour rums, in good company, years ago. present. The weather was overcast most guides, followed by a lively Cuban Postcards from the 1950s are displayed of the time we were there, adding to the band. While we were looking forward in glass shelves of the hotel’s history somber nature of some aspects of the to returning to the U.S. and the freedom room, along with posters of stars from trip. Temple Inn of Court members Jill and variety it has to offer, we also knew the U.S. who performed at the hotel. and Pete Jenkins noted the incredible that we would miss our new friends and The beautiful aura of the place is not juxtaposition of “the still fragile and in were left to wonder whether we will far distanced from political reminders; places destroyed infrastructure of the have another chance to visit the time bunkers on the property add speculation country” and the impressively inspiring capsule that is Havana. on whether nuclear warheads may have desire “to strive to better and want been on the grounds at one point. more out of their lives, in a society that Lauren A. Wilkinson is a student The view of Havana from our room is so structured by a government, for at Franklin & Marshall College. showed a city of visual and theoretical the people of Cuba.” She interned at Clear Channel contrasts, between the beauty of the On our last night, we dined in Old Communications and Cozen ocean and myriad architectural edifices, Havana on the Plaza de San Francisco O’Connor.

the philadelphia lawyer Fall 2013 39 EXILE ON LOCUST STREET

By The Husband

ix months ago I had a wife, a family and a home on The Those who know me best tell me I am too hard on myself and that it Main Line. Now I have none of those. Well, sure, I am only takes two to fail at marriage. True, separated, not yet divorced, see my children a couple days a The Wife was not always a day at the S beach as wife or mother. In recent week, still own the house and have an apartment in Center City. But times she, spent most of her time I have lost the life I had for almost 20 years. not taking care of the kids, home or me, but playing computer games and chain smoking. Indolent, imperious, As David Byrne famously sang in “Once In A Lifetime,” impassive and unsupportive. The housekeeper and the nanny “Well, how did I get here”? How did I lose all that I loved and did most of the work. It had not always been thus. Perhaps it that meant the most to me? was a chicken-and-egg dilemma. The Iron Chancellor, Otto von Bismarck, wisely stated, Despite the fact that The Wife often confronted me with “Fools learn by experience; wise men learn by the experience my domestic inadequacies, I was blind to them and thought of others.” While it is too late for me, I write for all the other her obtuse, lazy, cold and ungrateful. She withdrew more and lawyer husbands out there who may be in danger of losing more. I smoldered with anger. I held my tongue regarding her what I have. It does not have to be. foibles to keep the peace. We were both too proud/stubborn to Like many men, especially Baby Boomers, I grew up talk or to go to therapy. thinking that being a good husband and father meant working On top of this, one our children developed serious behavioral hard and as much as possible to provide everything and problems requiring hospitalization. The stress of all this on anything for my wife and children. The Wife, also a lawyer, The Wife was too much. She did what I never imagined she chose to give up the career she loved in order to care for our would, and what I would not have had the courage to do – she home and raise our children. I worked outside the home. She exercised the nuclear option – she filed for divorce and moved inside. Seemed like a nice arrangement. out. I ceded control of the children and the home to her and I was devastated. Shocked. Angry. Hurt. Disbelieving. But, concentrated on professional success. I worked at the law and as Bob Dylan sings, “… always have respected her for doin’ advancing my practice and career tirelessly, including nights what she did and gettin’ free.” and weekends – trials, client development and enhancing my When she made it clear that reconciliation was not an professional profile by teaching and writing. And I read, a lot. option, my heart sank. I went through the appropriate stages What I did not do is spend enough time with my children or of grief, pity, anger, hate, sorrow, soul-searching and then attend to my wife’s needs. Somehow, I thought my professional like any Type-A personality, I began to look upon this as a success would make them love me and provide all that they learning experience and an opportunity for a new and maybe needed to be, as The Wife would say, “Happy, happy, happy. even better life. As my children always say, “Mess it up. Dress Lucky, lucky, lucky. Spoiled, spoiled, spoiled.” I was wrong, it up.” wrong, wrong. I moved out and let The Wife return to the family home with

40 the philadelphia lawyer Fall 2013 the children, two dogs and two cats. self-absorbed, demanding, hyper- she agreed “not to close the door” on I began to re-invent myself. I got a critical and often not there for my wife possible reconciliation and to ask our bachelor apartment on Locust Street. and children. How could I have so therapist to turn our then “co-parenting” I worked out twice a day. Lost more mistreated my best friend, the love of therapy into “marriage” therapy. So than 50 pounds. Colored my gray. Got my life? the next session, I explained all this contacts. Started dating. And soon had a I have always disliked such claims, and told the therapist, with The Wife’s beautiful, intelligent girlfriend. My new but truly believe that you cannot agreement, “We would like you to help life seemed exciting and promising. imagine what it is like to really see us save our marriage.” I resolved, however, to treat The yourself as others do. Until it hits you The Wife and therapist said the Wife fairly and civilly in all respects, like a Mack truck. It was as if someone process would take six months, maybe but to move on with my life and not had held a mirror up to me for the first more. And there was, of course, no look back. time and I realized how truly repulsive certainty as to the outcome. I resolved After awhile, we settled into a routine I was. to be patient, give The Wife her space with the children visiting me and The I was profoundly ashamed and filled and time to heal and go with her to Wife decided it would be good for us to with regret and remorse. A man quite therapy once a week. So there was go to “co-parenting” therapy. Making it unfamiliar with failure, I had failed hope. clear, however painfully for me, that it in the most important endeavor of my Until this morning. In our second was not to help us get back together. I life – my marriage and family. But I post-epiphany therapy session, The agreed, though insisting that I did not Wife announced that she had had an want to pay a third party merely to hear epiphany of her own. Unfortunately, The Wife criticize me. it was not that she now saw her own One of my law partners recommended significant shortcomings, but rather – B. Janet Hibbs, a local family therapist that she could not envision us together, and author of the book, “Try to See It And I had again, ever. My Way” (Penguin Group 2009). In contributed to I knew her so well. I had seen this anticipation of seeing her, I bought coming. We are thus proceeding with copies for both of us. Unfortunately, the ruin of my divorce. As Warren Zevon pleaded, she had no openings for a few weeks “Send lawyers, guns and money. The and The Wife was eager to get started. marriage by shit has hit the fan.” So we found another therapist, Barbara After much reflection, I, now, too, see Krasner. We went to one session that precisely the ugly things as she does. We have too much helped us to talk to each other rather behavior that baggage and are too different. I mourn than at each other, albeit through the not so much loss of The Wife, but of a therapist. jumped out at me wife and my family life. I will move on The next day, out of curiosity, I with my life and The Wife with hers. decided to read the Hibbs book anyway. so vividly from I maintain my resolve to be civil and I was pleased and amused to find the these pages. fair with her for the sake of the children author, at page 137, praise our therapist and because it is the right thing to do. as one of her valued mentors. But the Perhaps some day, we can be friends, real shocker came when I hit page as we once were. 177 at which she tells of “Caleb and I have learned much from this very Leslie” (p. 177 – p. 201) in vignettes now understand what I had done and painful experience, and hope I am a and dialogue. why. And I knew I could change. How better man for it, but I would not wish I was stunned. I was Caleb. And it was unfortunate that I had to hit rock bottom this means of education on my worst not pretty. My focus on professional to have this realization. enemy. success was not my only error. Almost I had to talk to The Wife. She agreed So put down that brief, that contract, everything The Wife had been saying to meet me for dinner and I told her of that motion, that book. Leave work about/to me for years seemed true. my epiphany and my shame, sorrow in the office. Go home and hug your And I had contributed to the ruin of my and remorse. I begged her forgiveness, wife and ask her what you can do to marriage by precisely the ugly behavior however undeserved and boldly, for make her happy today. No man on his that jumped out at me so vividly from another chance … a chance to show deathbed ever regretted not working these pages. And The Wife, like Leslie her that I could be a better man, father, more billable hours, but far too many to Caleb, had tried to make me see it for and, if she would let me, husband. Like do regret not spending more time with years. But I never heard it, understood Lincoln, I was prepared to do almost their wives and children. Hackneyed, it or appreciated it, until I read it in anything to preserve this union. nevertheless true. black and white. She was visibly pleased, but I truly had an epiphany. I saw myself understandably skeptical. She The Husband is a Philadelphia lawyer as I never had before – condescending, acknowledged that I never intended to and a soon-to-be ex-husband, father disrespectful, petty, controlling, selfish, hurt her. To my surprise and delight and hopefully, better man.

the philadelphia lawyer Fall 2013 41 TTeecchhnnololooggyy The Ultimate Law Office Checklist A Solo & Small Firm Guide to Essential Practice Technology

BY Molly Barker Gilligan

echnology. Many of us take it for granted. But for many lawyers, especially those T who practice in solo and small firms, knowing what technology they need, or where to get it, can become a major project. On the other hand, lawyers in larger and many mid-size firms rely on their IT staffs, who take care of everyone’s technology needs, but often these IT professionals know a lot about servers and word processing products, for example, but don’t know as much about which products improve, or make a real difference, for practicing attorneys. Regardless of what size firm a lawyer ($200 per week) of billable time. That’s While we all know that every office practices in, it is important for him or more than $10,000 per year of additional needs a computer, there is an advantage her to know and use the technology billable time. If your case management to having up-to-date hardware. That essential for attorneys. As a practical software costs $1,000 per user, and you doesn’t mean buying a computer every matter, a well-planned investment in have two attorneys and two support year, but having a plan to replace your technology and training can pay great staff, you’ll save $16,000 the first year hardware every four or five years, more dividends. Fortunately, attorneys are you implement it, even more if you bill often if you can afford it, will increase well positioned to adopt technology for your support staff. overall efficiency because newer that will streamline their practices. This In addition, because technology computers work faster. article serves as a checklist of basic generally reduces the reliance on paper, So, when buying a computer, make hardware and software required to it saves money on paper, toner, postage sure it has sufficient memory (called operate a law firm. and all of the other costs associated with RAM) and lots of space to store your practicing the old-fashioned way. While documents (called hard drive space). Technology will save you the particulars of going “paperless” Many studies show that having as much time, money and paper are beyond the scope of this article, RAM as possible improves efficiency The initial cost of a product should the hardware and software discussed because programs run faster and better be balanced against the time-savings here, if properly implemented, will put when they’re not competing for limited it provides. For example, if a software you on the road to a paperless (or more computer memory. Thus, beware of program saves you 15 minutes a day (a accurately a “Less Paper”) office. gearing your purchase of a computer to good case management system should Now let’s look at the essentials for a the minimum requirements for a piece save you far more time than that), law firm: of software. and you bill at $160 per hour, you’re In addition, don’t skimp on monitors. acquiring an additional $40 per day Computers and Monitors

42 the philadelphia lawyer Fall 2013 Tech briefs Beware of gearing your purchase of a computer to the minimum requirements for a piece of software.

What’s Missing With Tile The larger the monitor (or by using dual least daily!), you are gambling against monitors), the more work you will get the odds, because hard drives fail and done with less scrolling. Dual monitors users accidentally delete or write over If you’re one of those people who constantly loses/misplaces keys, Tile are inexpensive, and the alternative, a important files. Today, it is considered (thetileapp.com) might be just the 27-inch monitor, is like watching TV, best practices to have automated onsite thing for you. Tiles are postage-stamp and only costs about $250. and offsite backups. That way, you’re sized waterproof squares of plastic Finally, if you’re in an office without protected if your building burns down, that attach to your stuff (keys, remote an IT staff, consider purchasing next- or if you lose your Internet connection. control, cat) and work with an iOS app to help you locate the missing item. business-day onsite support. This way if The Cloud you have a problem, the service person It is impossible to discuss lawyers’ Tiles are $19 each or four for about $50 will there the next day, and it won’t cost technology needs without discussing and have double-sided tape as well as you anything. Otherwise, one service the cloud. Generally speaking, using a small cutout for hooking onto a key call may cost more than you paid for the the cloud means your data is stored ring. When you are within a range of computer. 50 to 150 feet of the missing item, a somewhere other than on the computers tiny speaker inside each tile emits a Scanner, Copier, Fax Machine you control in your building. AOL, beep letting you know you’re getting and Printer Gmail, Yahoo!, or Hotmail email are closer. For now, Tile only works These are all essential products for in the cloud, as is any website to which with iOS 4S devices (iPhone, iPad) every law office. Your options, however, you log in and upload data. and up thanks to Apple’s Bluetooth are enormous. If you are committed to The cloud is essential, if only for connectivity. using less paper, a desktop scanner is email. In today’s electronic world, if Tiles last a full year with no need to essential. These scanners have a small you aren’t using email, or are using recharge or replace batteries. The footprint that will make your scanned a non-business email program (such manufacturer will let you know when documents searchable, integrate with as AOL or Yahoo!), you are wasting it’s time for new Tiles and will even case management software, and allow a lot of time. It not only looks more send you a mailer so you can you to easily capture (save) every professional to have a hosted domain recycle the old ones. document that comes across your desk. (the cloud again) permitting you to Because you will be scanning choose your domain, e.g., @xyzlaw. documents, you won’t have to make com, it also makes it easier to use a as many copies. Instead, you can print program such as Microsoft Outlook Get the Web copies, and it is less expensive to print that is designed to handle the demands on Your Wrist copies from a printer than to copy on a of a business. Plus, you save time and network copier. money by communicating with clients An actual fax machine is no longer electronically. Samsung’s Galaxy Gear necessary. In fact, many services make Beyond email programs, there are watch lets users take faxing as easy as sending or receiving services that permit you to upload data photos, track workouts an email with an attachment. This and use an assortment of and store it in the cloud. Programs like apps with the Android- eliminates the need for an additional Dropbox, SugarSync, and Skydrive give powered wearable device. phone line, and the problem of the fax you a certain amount of free storage and running out of paper. will sync across various computers. The watch synchs with Finally, paper is a reality in the This has the benefit of permitting you to Android phones, so users can practice of law. To that end, a good access the data from anywhere with an answer messages and make phone printer is essential. A color laser printer calls. It has 4 gigabytes of memory internet connection, and protecting your and 512 megabytes of RAM. When with a high volume cartridge is less data from any disaster that occurs at Samsung introduced Galaxy Gear expensive to maintain, and faster than your office, however, it also means that in September, it didn’t mention cost an inkjet printer. someone else has control of your data, or release date. It will, however, be Back-Ups and, in some cases, can access that data. available in lime green, oatmeal beige, This raises issues of confidentiality wild orange, mocha gray, jet black and Quite simply, if you aren’t backing up rose gold. your computers and servers regularly (at and duties of care that various bar

the philadelphia lawyer Fall 2013 43 associations have opined on, and it is worthwhile to spend some and a boatload of other information in one place. It is your time becoming familiar with jurisdiction-specific guidelines. virtual filing cabinet. It is the place you go to find out what is In practice, it is unwise to use the free version of any cloud happening in any given case. storage provider to store sensitive data, i.e., client data. Time and billing software are relatively self-explanatory Beyond email and storage, there are legal industry specific – this program tracks how much time you have devoted to software products that operate entirely in the cloud. You do not each client, and is the software you use to get out the bills, so have to maintain the software on your computer or server; you you can get paid. This software eliminates the need to have merely log in via an Internet connection and access your data. handwritten time records and enables you to record your time Providers generally price this as a subscription service. This contemporaneously, rather than trying to figure out how much model of using the infrastructure and application of a particular time you spent on a matter hours or days later, when studies provider is called Software as a Service or SaaS. Although show again and again that you will underestimate your efforts. there are recurring fees, the SaaS model works well for many There are many products on the market in both categories practitioners because it reduces IT needs. (case management and time and billing), and they range Although it is not necessarily a cloud-based technology, the dramatically in price and capability. It is critical to do some ability to access your office computer remotely is an essential homework before you buy them, because these products are for many practitioners. There are online services such as among the most important you will have in your office, and you GoToMyPC or LogMeIn that make this easy to accomplish. don’t want to have to buy them more than once. Fortunately, Case Management Software/Time and Billing there are many products to fit the needs of virtually every office Software and every budget. This is as essential as it gets. Lawyers need to know what Productivity Software is happening in their cases and to bill clients for services. Word, Adobe Acrobat Professional and Outlook are my three While these activities can be accomplished on paper or using essential software programs. Rather than purchasing stand- spreadsheets, software designed to handle the specific demands alone versions of Word and Outlook, the Microsoft Office of a law office can increase efficiency and ultimately your Suite or the Corel WordPerfect Suite often make more sense bottom line. Often, lawyers don’t realize that case (or matter) and provide spreadsheet, database and presentation software management software and time and billing software are really along with word processing and email. two distinct products. At least one license of Adobe Acrobat Professional is a must- Case management software is really your dashboard. It have. Although there are products such as Nuance and Nitro keeps track of clients, deadlines, contacts, to-dos, documents, PDF, Adobe Acrobat Professional remains the frontrunner. Using Acrobat (not the free version) will help you dramatically, allowing you to create, edit, annotate, highlight, cut, paste, Bates number and redact information in any PDF document. And those features only skim the surface of the power of Adobe; it is an essential investment to purchase the software and get some training if you truly want to go paperless. Practice Specific Software Name the practice area, and there is software to help make your work easier. If you handle estates, there is software that makes it far easier to prepare estate tax and other documents (just consider, does anyone prepare income tax returns manually anymore?). Similarly, workers’ compensation attorneys can buy inexpensive software to automate the preparation of the various petitions and other forms that must be filed. Regardless of where your practice takes you, there is generally software that will allow you to do the job faster – and better. *** As discussed above, there are many ways to improve your practice’s technological capabilities. Most of these options are reasonably priced, can be implemented quickly, and with a relatively moderate amount of training. You can also phase in the use of various products. If you are not using these solutions, you are missing an opportunity to do more with the most precious resource we have, our time.

BUY 2, Handmade With Love! GET 1 FREE Molly Barker Gilligan ([email protected]) is a legal Locally owned and operated artisan sweet truck WITH THIS AD workflow consultant with Integrated Technology Services, LLC and a (one per customer)AND OUR NEW STORE at 339 South 13th St., Philadelphia Open seven days a week | Delivery and catering available practicing attorney with the Law Offices of Daniel J. Siegel, LLC.

215.237.4647 | [email protected]

44 the philadelphia lawyer Fall 2013 Tech UPDATE

Samsung Galaxy S4 Nokia Lumia 1020

Looking for a great camera but don’t want to lug around an extra device? The Samsung Galaxy S4 and Nokia Lumia 1020 are more like cameras that happen to be able to make phone calls. And get email. And run mobile apps. You get the picture. Both pack in the megapixels that produce astounding photographs.

Features Samsung Galaxy S4 Nokia Lumia 1020

Megapixels 13 41

Operating System Android 4.2 Windows Phone 8

Weight 4.49 ounces 5.51 ounces

Dimensions 5.38” x 2.75” x 0.31” 5.13” x 2.81” x 0.41”

Processor 1.9 GHz Quad Core 1.5 GHz Dual Core

Display size 5.0-inch diagonal 4.5-inch diagonal

Lens type 4X zoom 3x Zoom

Carriers AT&T, Sprint, TMobile, Verizon AT&T

PRICE $199 (16gb model) $299

the philadelphia lawyer Fall 2013 45 Book Review By Judge Sandra Mazer Moss Legal Baggage Backpacking the United States With a Strong Appreciation for the Law

Avalanche & Gorilla Jim: Appalachian Trail Adventures and Other Tales Written by Albert Dragon 306 pages $21.95, Morgan James Publishing

hile most lawyers approaching retirement W head to Florida, Al Dragon went south to Georgia, climbed a mountain and started walking north toward Maine on the Appalachian Trail. Along the way he was rescued from a mountain snowstorm in Tennessee, hiked in the same woods where the FBI was pursuing the terrorist who blew up the Atlanta Olympic Games, and introduces us to interesting characters and people who restore your faith in humanity. Al’s memoir “Avalanche & Gorilla Jim, Appalachian Trail Adventures and Other Tales” is filled with exciting exploits, belly laughs and shocking surprises such as brutal attacks and murders that happened on the trail up the Eastern spine of the U.S. Mostly, there are laugh-out-loud moments: Trying to get out of an outhouse when the doorknob falls apart. The attempt to quiet a berserk night bird that was screaming for the thousandth time. His goofy encounter with a rattlesnake – and, a tarantula named Rosie. Al’s hiking partner is a former Army drill sergeant and combat veteran whose war memories occasionally cause poignant episodes of flashbacks and confrontations. The bond between this odd couple – a many-medalled war hero from Oklahoma and a pinstriped lawyer from Philadelphia – blossoms into a stick, a present from Jim’s fifth wife. training and experience as an Army bond where each helps the other. Al was dubbed with the trail name of Ranger to help Avalanche learn how to The former drill sergeant is nicknamed Avalanche when he started a landslide live in the backwoods. Gorilla Jim because of a roaring of mud and water while slipping down There are many acts of kindness from stuffed gorilla attached to his hiking a mountainside. Gorilla Jim uses his strangers such as the woman who cared

46 the philadelphia lawyer Fall 2013 The bond between this odd couple – a many-medalled war hero from Oklahoma and a pinstriped lawyer from Philadelphia – blossoms into a bond where each helps the other.

for Gorilla Jim when he broke a number In one reference Al makes to his life at any age. of ribs while climbing the stone face of a profession as a lawyer, he recalls a Al Dragon has been a Philadelphia mountain. A rock ledge broke, dropping case in which his client was rendered lawyer for more than 50 years. He Jim the equivalent of two stories. quadriplegic and incontinent as a handled catastrophic injury cases with Another time, after hiking several days result of a brutal attack in a county his own firm of A Dragon Associates, in a sleet storm they needed to use a jail. The effects of this condition are and with the firms of Litvin, Blumberg, phone to call a friend to pick them up similar to difficulties and a potentially Matusow and Young, and Kline & in a remote forest; they knock on the severe medical situation Gorilla Jim Spector. Al is presently of counsel to door of a lone house on a back country finds himself in while in deep remote the McEldrew Law firm. When he is road and the older woman who answers backwoods. not in the backwoods, Al lives in Cherry insists on making them a hot breakfast In another reference to the legal Hill and Brigantine, N.J. with his wife while they use her phone to call for help. profession, Al amusingly explains to Barbara and their dog, Winston. This easy read entertains, makes you a hiker how a lawyer should react to a laugh, sometimes shocks, and you feel cantankerous judge. Judge Sandra Mazer Moss is a judge what it’s like to backpack the length of The rest of the book is pure enjoyment. with the Philadelphia Court of Common the U.S. It shows you can live the prime of your Pleas.

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the philadelphia lawyer Fall 2013 47 1983 That Was Then

“Silver Futures” 25th Annual Bench-Bar Conference

MAYER HORWITZ (seated) and his wife Barbara (right) learn about high-tech from equipment representatives at the Bench-Bar’s “Law Office Futurama” exhibition.

48 the philadelphia lawyer Fall 2013