January 2018

the bar Back issues from 2000 to the present and a comprehensive, searchable index are available THE NEWSLETTER OF THE online at www.westbar.org/thesidebar. sideWESTMORELAND BAR ASSOCIATION VOLUME XXIX, NUMBER 6 JANUARY 2018 The End of An Era Editor’sReflections note: The Hon. Richard E. McCormick, on Jr., retired fromMy the Court Career of Common Pleas of Westmoreland County effective January 8, 2018, after twenty-seven years on the bench. He is continuing as a Senior Judge. My Kemo by The Hon. Richard E. McCormick, Jr. the lawyers and judges who inhabited Sabe those courtrooms, back when the trial ou might say I was raised in the was more often a means where disputes by Beth Orbison, Esq. Courthouse. and accusations and passions were When my Dad was elected by resolved. This is where majesty and uesday, January 9, 2018, marked Y the end of an era: it was the the Judges and the voters to be District absurdity met in the matters of the first day in 52 years that a Attorney and Judge, we (all eight of T theft of a $1.50 hoagie. I’m still not Richard E. McCormick was not sitting us eventually) were often told to go sure whether the Honorable Donetta on the bench of the Court of Common to a doctor or dentist Ambrose was overcome Pleas of Westmoreland County. appointment after school with hysterical laughter at Following in the footsteps of his and then meet our Dad the price, or the prosecutor’s father and namesake, Judge Richard at the Courthouse for a mispronunciation of the E. McCormick, Jr., took the bench in ride home. We loved it name of the sandwich. June of 1990, when Governor Robert there. His secretaries and This was where a P. Casey appointed him to fill the detectives and law clerks guilty verdict was met vacancy created by Judge Hudock’s and tipstaves were wonder- by a suicidal slashing of the election to the Superior Court. Judge McCormick went on to win the ful and fun and usually had defendant’s own throat and candy. Sometimes a trial election in November 1991, was more blood than a butcher retained in 2001 and again in 2011, or a hearing was being shop. The first and second and was elected President Judge by conducted and we could The Hon. Richard E. and last responders saved his peers in 2014. observe lawyers ply their McCormick, Jr. his life. Born in 1950, he grew up in trade and defendants being This was where a battered woman Greensburg, the son of Judge Richard handcuffed. Dad once warned us of was vindicated in the killing of her E. McCormick, Sr., and Beatrice the fires of hell as we stood next to the battering husband. (Sweeney) McCormick, and the eldest coal-fired furnace in the basement. This was where justice was done of eight children. Working summers It’s no wonder that four of us made or performed or just occurred, take as a ditch digger for the water careers under the Dome. your pick. authority impressed upon him the merits of higher education. So upon After I’d finally finished college and I tried 75 jury trials to verdict as law school, I came home to roost, as a graduating from Greensburg Central a Public Defender, made a legion of Catholic High School, he attended public defender, once again in thrall of friends and colleagues, among them continued on page 16 the machinations and performances of continued on page 15 Trial Jury Bench/Bar To-Wit: IN President’s Academy Trial Returns to by S. Westmoreland THIS 2Message 3 Turns 50 5 Verdicts 7 The Wisp 9 Sponte 11Revisited ISSUE 2 bar • side JANUARY 2018 President’s Message Beby TimothyPrepared C. Andrews, Esq. o attorneys ever retire? Of longevity in certain areas of the world. when I first heard this—have a fair course, the answer is yes. The almost-universal finding of the amount of money in their escrow DHowever, through my years of study was that in areas where people account that is payable to their firm practice there has been discussion tended to live into their late 90s, or or themselves. If you pass away or are amongst many of my colleagues about even over 100, are societies where forced out of practice and cannot deal how few attorneys actually fully retire oftentimes there is not even a word to with the situation, then that money and leave the practice of law altogether. describe true retirement. When people can be lost to your family and to you. It’s certainly much more common reach an age where they may no longer There are many other things that for attorneys to continue to practice be working, they are part of a culture would be helpful in allowing someone until the point where where they contribute in many other else to wind down your practice. they either pass on ways including caring for grandchildren, Unfortunately, I am not well-equipped to that great sidebar or servicing the community. The fact to review all of those in a President’s in the sky or they that we are all lucky enough to be in a Message. I am able to say that one of are just physically profession where we can continue to our members, Jim Kelley, has brought and/or mentally work as we age I believe assists us in this up to me and has indicated a unable to continue. striving for a long willingness to I’m certainly not and productive life. be involved in here to espouse The caveat to We may not always move a committee either option. all this is winding and think as quickly as we to establish I’ve thought for down a practice did when we were young, information and/or many years that I would never retire is something that practices to help but maybe just slow down to more of a lot of us don’t but our experience over older attorneys deal a part-time country-lawyer practice. consider since all those years oftentimes with winding down I have recently considered the idea of we believe we’ll more than makes up for their practices. I’m at some point fully retiring. Perhaps continue to grateful to him and it’s just as we age we become more practice for a long those aging issues. anyone else who enamored with the idea of full-time time. Obviously, participates in leisure. Having said that, I still believe we will all stop practicing in one way establishing some type of procedures it’s more likely that I will—like so or another at some point. Since we for the members of our association many of you—continue to practice know this will come in the future, to access when they feel it is time to as long as I can. it is important that each of us make consider preparing for that day when We are lucky to be in a profession preparations for that day. If you are we all must stop the practice of law. where we have that option. As attorneys, planning to slowly eliminate your Hopefully, there will be a time when we can generally continue to practice as practice, it becomes easier as you can taking over someone’s practice and long as our minds allow us. The added notify clients, close out files, deal with winding it down for them based upon advantage is even a part-time practice accounts, phones, etc. The problem some sudden tragedy will be much can yield financial benefits. In my arises when we are forced out of the more efficient and helpful to the clients opinion, the other great benefit is that practice suddenly for some reason. and to the attorney and their families continued practice in our profession If you fail to make even reasonable than sometimes occurs currently. allows us to remain active both and basic preparations for that day, In closing, I am hopeful and mentally and physically, which keeps someone else is left with a mess. That I wish that each of you have the us sharp in both of those areas. We can be harmful to you, your estate, opportunity to engage in a long and may not always move and think as your family, and your clients. productive practice of our profession. quickly as we did when we were young, So what can we do to prepare? As the Boy Scouts say, however, but our experience over all those years There are obviously many things “Be Prepared!” I oftentimes more than makes up for to consider. It was brought up in a those aging issues. recent CLE that one thing is to deal I read a study some time ago that with is your escrow account. Some was done regarding the tremendous attorneys—more than I thought bar 3 JANUARY 2018 side • Westmoreland Academy of Trial Lawyersby Pamela Ferguson, Esq. Celebrateshanging out his/her shingle. Since 50 Years more cases went to a jury and civil n October 7, 2017, thirty trial terms were limited to three per members and guests of the year, civil litigators were in court a OWestmoreland Academy of lot. As a result, in 1967, A.C. Scales, Trial Lawyers met at Ligonier Country R.W. Smith, Avra Pershing, and Club to celebrate their organization’s Christ. Walthour decided that 50th anniversary and Westmoreland County needed an to recognize their only organization for civil litigators to surviving founding exchange ideas, educate inexperienced member, John Scales.

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