Scottoline, Gutmann Highlight Quarterly

Bench-Bar Pull-Out Inside!

October 2004 The Monthly Newspaper of the Philadelphia Bar Association Vol. 33, No. 10 Scottoline, Gutmann Highlight Quarterly

by Jeff Lyons

The New York Times bestselling author and Philadelphia lawyer Lisa Scottoline will be on hand to sign copies of her latest book, Killer Smile, at the Association’s

Photo by Daniel A. Cirucci Oct. 21 Quarterly Meeting and Lunch- Chancellor Gabriel L.I. Bevilacqua, U.S. District Court Chief Magistrate Judge James R. Melinson (center) and Francis P. Newell (right), eon. chair of the Brennan Award Committee, gather at a retirement luncheon in Judge Melinson’s honor on Sept. 8. As previously reported, University of Justice William J. Brennan Jr. Distinguished Jurist Award Pennsylvania President Dr. Amy Gut- mann will be the keynote speaker at the event, which will also include the presentation of the Association’s Sandra Day Judge Melinson to Receive Honor O’Connor Award to Judge Marjorie O. Rendell of the U.S. Court of Appeals for by Jeff Lyons ed in more than 1,000 cases and the Third Circuit. wrote more than 400 opinions. Tickets for the event, which begins at Retired U.S. District Court Chief Web “It is always difficult to leave work noon in the Ballroom at the Park Hyatt Magistrate Judge James R. Melinson √ you enjoy and colleagues you admire Philadelphia at the Bellevue, Broad and will receive the Association’s Justice check and respect. I know that no matter Walnut streets, are $50 for Association William J. Brennan Jr. Distinguished Visit philadelphiabar.org to where I go or what I do, I’ll never members and $55 for nonmembers. Jurist Award at the Association’s Oct. order tickets online for the Oct. find a situation to equal my experi- Tickets can be purchased online at 21 Quarterly Meeting and Luncheon. 21 Quarterly Meeting and ence on this court. Public service is www.philadelphiabar.org. “I was absolutely delighted to extremely gratifying, and I am com- Luncheon. Killer Smile is the latest installment of learn that I’ll receive the Justice forted by the thought that, during my Scottoline’s series starring the all-female Brennan Award — though I must say time on one of the nation’s finest and law firm of Rosato & Associates. Her that I was somewhat humbled as belief in the way we ran our cham- most historic courts, I had countless continued on page 10 well,” Judge Melinson said. bers. In any event, I’ll accept the opportunities to make a difference, “When I think about some of the award on behalf of all of my col- not only in the lives of those who distinguished jurists who have rec- leagues on the bench,” he said. came before the court, but in the In This Issue ... eived this award over the years, it’s a Judge Melinson was appointed as administration of justice in general. little overwhelming. But what makes a magistrate judge in 1990 and was What more could you ask for?” Judge 4 Family Law it most special for me is that it is an chief magistrate judge for the last Melinson said. 9 Bar Foundation award given by lawyers. I have al- seven years before retiring in As much as Judge Melinson will ways believed that the best judges September. Before joining the federal miss his colleagues on the court, he’s BB1 Bench-Bar Preview are those who never forgot what it bench, Judge Melinson was appoint- truly excited about what lies ahead was like to be a practicing lawyer — ed by former Pennsylvania Gov. with his new position as an arbitrator 15 Women’s Health and I have always hoped that the Robert P. Casey to the Superior Court for JAMS Alternative Dispute lawyers in my courtroom sensed that of Pennsylvania where he participat- continued on page 17 18 Arts & Media

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PHILADELPHIA 2 OCTOBER 2004 / BAR REPORTER Freedom Relies on Strength of Justice System ”The habits of thinking in a free country administration’s argument that it had agreement to free Hamdi was driven should inspire caution in those entrusted with the power to detain terror suspects by the Supreme Court decision, which its administration to confine themselves with- FRONTLINE indefinitely without charges or trial, or was a major setback for the Bush in their respective constitutional spheres, avoid- access to the outside world. Administration. The court decision in ing in the exercise of the powers of one depart- Arguing more vigorously for the turn, according to the Times, led the ment, to encroach upon another.” rights of the detainees in a dissent administration to negotiate Hamdi’s - George Washington from one of the decisions, Justice Ant- release rather than give him a hearing. onin Scalia wrote: “The very core of The message is clear: if this struggle by Gabriel L.I. Bevilacqua liberty secured by our Anglo-Saxon is about the survival of the America we system of separated powers has been know and love (and it is) then we are Terrorism can be a difficult subject, freedom from indefinite imprisonment well advised to remember Washing- especially during an election campaign. at the will of the executive.” More suits ton’s words. The constitutional guaran- But some things are fundamental. And have been filed since the Supreme tees we treasure are meaningless with- our Association’s position regarding tion stating that anyone charged in Court’s rulings in June, challenging the out the checks and balances inherent the basic issues surrounding the seri- connection with terrorism be afforded government’s detention and treatment in the separation of powers between ous threat our nation now faces has a “full and fair” trial. This resolution of the 600 people who have been held the executive branch and the judicial not changed since Sept. 11, 2001. came on the heels of the creation of without a hearing for several years. branch. In the end, the defense of free- Along with the rest of the nation, the special military commissions. Our In a related move, the military orga- dom rests on our ability to trust our our then-Chancellor Carl Primavera Association noted that all accused are nized new hearings at the Guantanamo justice system and the preservation of articulated the need for a new resolve entitled to an independent and impar- Bay camp within weeks of the Supreme our liberties rests on our ability, in this in fighting terrorism. He warned that tial tribunal, with proceedings open to Court rulings. Perhaps the review pan- time of crisis, to adhere to our core we must prepare ourselves for a long the press and public, except for specific els will satisfy the Supreme Court’s constitutional principles, including an and difficult struggle. At the same time and compelling reasons, and to the admonition that prisoners must have a independent judiciary’s review of an he cautioned that we must adhere to review of any conviction by a higher way to contest their captivity and pre- understandably zealous executive’s our core democratic principles and to tribunal. sent evidence in their defense. So far desire to protect the Republic and the the wonderful system of checks and Since the creation of the military one of the detainees has been granted lives of its citizens. balances established by the genius of commissions, various suits were filed what amounts to a formal pardon: an in federal courts. This was to be official ruling by a tribunal that, after Gabriel L.I. Bevilacqua, a partner at Saul Ewing LLP, is our Founding Fathers. They clearly Chancellor of the Philadelphia Bar Association. His e- appreciated the need to keep the three expected. And it soon became clear being held for nearly three years, he’s mail address is [email protected]. branches of government in balance by that the U.S. Supreme Court would not an enemy combatant after all. And having each of them act as a check on likely take up the issue of detainee it was recently reported Yaser E. the others. rights. The Court did so. A trio of Hamdi, the plaintiff in one of the In January 2002, the Association’s Supreme Court rulings in June of this Supreme Court cases, may be freed. PHILADELPHIA Board of Governors approved a resolu- year rejected much of the current The New York Times reported that the

Editor-in-Chief AABADV Holding Annual Banquet Oct. 22 Molly Peckman, Esq. by Sunah Park Washington University. Ishimaru was or municipal government offices/agen- Associate Editor Sunah Park, Esq. sworn in as commissioner on Nov. 17, cies (including the judiciary) or non- The Asian American Bar Association 2003 and his appointment ends July 1, profit/public interest organizations in Contributing Editor of the Delaware Valley will welcome 2007. the Philadelphia area. The inaugural Richard Max Bockol, Esq. Stuart Ishimaru, commissioner to the The AABADV is again working with fellowship winner was Kimberly Ai- United States Equal Employment the Philadelphia Bar Foundation to Hua Haungfu. Advisory Editors Bruce H. Bikin, Esq. Opportunity Commission, as the fund the Marutani Fellowship, which The cost of attending this year’s Merih O. Erhan, Esq. keynote speaker at its annual banquet. was launched at last year’s banquet. banquet is $90, a portion of which ($40) Marc W. Reuben, Esq. Ishimaru is currently the only Asian Offered to first-year law students at will fund the Fellowship and is tax Director of Publications and New Media Pacific American named to a federal Dickinson School of Law, Rutgers Univ- deductible. The event begins at 6 p.m. Mark A. Tarasiewicz civil rights commission. This year’s ersity School of Law - Camden, Temple for social hour and the dinner is event will be held on Friday, Oct. 22 at University James E. Beasley School of expected to begin at 7 p.m. The menu Managing Editor Jeff Lyons the Ocean City Restaurant, 234 N. 9th Law, University of Pennsylvania School for the evening features a 10-course St. beginning at 6 p.m. of Law, Villanova University School of feast. For ticket information, contact Copy Editor Ishimaru has an extensive back- Law and Widener University School of AABADV President Joseph J. Centeno at Kate Maxwell ground in public service and civil Law, the fellowship provides a stipend (215) 665-3107. Associate Executive Director rights advocacy. He has worked as for an Asian-American law student to for Communications and Public Policy Daniel A. Cirucci enable him/her to take a summer Sunah Park, an associate at Thorp Reed & Armstrong, assistant counsel to the Judiciary LLP, is associate editor of the Philadelphia Bar Reporter. Committee (1984 to 1991), professional internship position with federal, state Executive Director Kenneth Shear staff to the Armed Services Committee (1991 to 1993), acting staff director for The Philadelphia Bar Reporter (ISSN 1098-5352) is published monthly and available by subscription for the U.S. Commission on Civil Rights $45 per year by the Philadelphia Bar Association, 1101 (1993 to 1994), counsel to the assistant Tell Us What You Think! Market St., 11th fl., Philadelphia, Pa. 19107-2911. Periodicals postage paid at Philadelphia, Pa. POST- attorney general (1994 to 1999) and The Philadelphia Bar Reporter welcomes letters to the editors for publication. MASTER: Send address changes to Philadelphia Bar Reporter, c/o Philadelphia Bar Association, 1101 deputy assistant attorney general in the Letters should be typed. There is no word limit, but editors reserve the right to Market St., 11 fl., Philadelphia, Pa. 19107-2911. Civil Rights Division of the Justice condense for clarity, style and space considerations. Letters must be signed to Telephone: (215) 238-6300. Association Web site: www.philadelphiabar.org. Newspaper e-mail address: Department (1999 to 2000). A native of verify authorship, but names will be withheld upon request. Letters may be [email protected]. The editorial and other views San Jose, Calif., Ishimaru received his expressed in the Philadelphia Bar Reporter are not nec- mailed, faxed or e-mailed to: Jeff Lyons, Managing Editor, Philadelphia Bar Reporter, essarily those of the Association, its officers, or its undergraduate degree from the Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107- members. Advertising rates and information are available from Media Two, 22 W. Pennsylvania Ave, Suite University of California, Berkeley, and 2911. Phone: (215) 238-6345. Fax: (215) 238-1267. E-mail: [email protected]. 305, Towson, Md., 21204. Telephone: (410) 828-0120. his law degree from the George

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PHILADELPHIA BAR REPORTER / OCTOBER 2004 3 Family Law Section Judge Field Addresses Family Court Changes by Carolyn M. Zack Family Court, (not including judges and judicial staff) 350 are devoted to The federal government has given IV-D. The court has also implemented state and local authorities more flexi- a team approach to handling cases. The bility in establishing and enforcing teams consist primarily of newly hired child support orders while at the same employees headed by a more experi- time providing additional financial enced conference officer who acts as a incentives for meeting specific efficien- mentor. cy and performance ratings. Teams of hearing officers are work- Judge Myrna P. Field, Family Court ing on getting money disbursed. The administrative judge for the Philadel- court does not get credit for money phia Court of Common Pleas, and Ed collected until it is disbursed. Currently, Lehman, manager of data management there is about $2.5 million in undis- in Family Court, addressed the Family bursed support monies. Most of this Law Section on Sept. 13 to discuss money is due to individual plaintiffs structural changes in Family Court as a and not the Department of Public result of new requirements and initia- Welfare. Part of the problem is that tives with regard to the collection and plaintiffs are not notifying the court of enforcement of child support (known job changes and address changes; the as the IV-D program). Photo by Jeff Lyons court cannot enforce support orders or The local government receives a Family Law Section Chair Carolyn M. Zack (left) greets Family Court Administrative Judge disburse funds without current infor- credit of $1 for every $1 of child sup- Myrna P. Field at the Section’s Sept. 13 meeting. mation on obligors and obligees. port money collected for an individual Program (ICM Plan) which seeks to areas. All IV-D employees utilize the plaintiff and $2 for every $1 of child improve efficiency in establishment of The biggest impact of the ICM plan Pennsylvania Automated Child Sup- support money collected on behalf of a a child support order; identification of has been an increase in the number of port Enforcement System (PACSES) to plaintiff receiving public assistance paternity; collection of child support; new employees recently hired in monitor and track all child support (TANF cases). and collection of child support arrears. Family Court. Since July, the court has cases. Teams of hearing officers are Judge Field and Lehman explained The ICM Plan requires conference hired 25 new hearing officers and 40 working on enforcement measures, that, in order to take advantages of officers and IV-D staff to look at the new members of the clerical staff, all of while others are initiating and enforc- these incentives, the court has institut- whole case and to try to address and whom are currently in the process of ing wage attachments, which are the ed an Improved Case Management resolve issues in each of the focus being trained. Of the 400 employees in continued on page 7

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PHILADELPHIA 6 OCTOBER 2004 / BAR REPORTER Giles: Court Still Dealing With Space Squeeze by Jeff Lyons because there’s a stream running underneath the building,” he said. Space limitation remains the biggest Judge Giles said the court is work- obstacle facing the Court of the Eastern ing to build three more courtrooms District of Pennsylvania, Chief Judge and chambers in the Robert N.C. Nix James T. Giles told members of the Sr. Federal Building at 9th and Market

Federal Courts Committee at its Sept. streets, but he added these new facili- Photo by Jeff Lyons U.S. District Court Chief Judge James T. Giles (left) addresses the Federal Courts Committee 15 meeting. ties would not be adequate for crimi- on Sept. 15 as Judge Lowell A. Reed (center) and Clerk of Courts Michael Kunz look on. “We have an urgent need for space,” nal trials because of security issues. Judge Giles told the committee. He said “Space is now, and for the foresee- form. We’re trying to educate everyone positions and believes they’ll be filled the court and the Court of Appeals for able future, a problem for us,” Judge about having relatively uniform prac- by January or February of 2005. He said the Third Circuit are both working to Giles said. “I’m sure we’ll find a way to tices for the benefit of the bar,” he said. he’s also asked for two additional mag- settle shortages of space for judges and accommodate all the judges so they Judge Giles said one vacancy istrate positions. personnel. can dispatch the business of the court.” remains in the Eastern District of Judge Giles also praised the work of “There was a proposal to build more Four new judges have begun work- Pennsylvania. “Sen. (Arlen) Specter says the district’s senior judges. He said the courtrooms and chambers over the ing within the district, Judge Giles said. he’s very interested in filling that court has been very fortunate to have Ceremonial Courtroom (at the U.S. “We’re working to get them comfort- vacancy. So we’ll see what happens.” so many senior judges willing and able Courthouse at 6th and Market Streets). able with the way we do things. We’re The chief judge said the court is to help out with the court’s heavy But problems exist with that proposal not trying to make every judge uni- working to fill two magistrate judge caseload.

FAMILY LAW Time slots that were used for IV-D well as the payment and collection of money will be made available to oblig- projects over the summer should now support. ees for the support of their children. continued from page 4 be available for support hearings, and The court is striving to achieve an Further, improved efficiency in the court’s most successful enforcement the court staff is working on improving 80 percent efficiency rate, which is a administration of support results in tool. Others are working on asset the scheduling of these hearings that difficult task for such a high-volume additional monies flowing to Family seizure, using information on assets will hopefully result in fewer delays in operation. The court staff, under Judge Court from the federal government, collected through PACSES. Still other the coming months. Field’s supervision, is discussing per- which will increase and enhance the teams are working the phones to The court has also extended its formance measures weekly in an effort services available to the public. remind litigants of hearings and reduce hours by holding “Night Court” one to improve efficiency. Obviously, the the no-show rate, and also working on night per week, making additional time more efficient the court is in collecting Carolyn M. Zack, a partner at Schnader Harrison Segal & Lewis LLP, is chair of the Family Law Section. cleaning up old cases. available for the scheduling of cases as and enforcing support orders, the more

PHILADELPHIA BAR REPORTER / OCTOBER 2004 7 Pro Bono Corner Learn Will Preparation, Help a Person in Need by Jeff Lyons sin, an associate at Drinker Biddle & vice Committee of the Probate and Rhoads, LLP. Reath LLP, and the YLD’s liaison to the Trust Law Section. “We worked with “For many of the clients, if they did- The Young Lawyers Division, Phila- Probate and Trust Section. the SeniorLAW Center and we had n’t have the opportunity to meet with delphia Volunteers for the Indigent “We’re reaching out to both young about 25 volunteers who agreed to us, they’d die without a will. That Pro-gram and the SeniorLAW Center lawyers and others who have limited represent one or two indigent elderly would hold up the process of transfer- have created a new volunteer opportu- experience in estate planning. We’ve clients that were identified by the ring property and bank accounts to nity for the legal community to show arranged for a CLE that will help them SeniorLAW Center.” their families. This program really its appreciation for the efforts and sac- get a little bit of background so that “We were very fortunate to have helps streamline the system, if even in rifices made by members of the com- they can volunteer for a pro bono case volunteers from all experience levels. just a small way,” Vigderman said. munity by offering free will-prepara- with either the SeniorLAW Center or That makes this project very special. “The gratitude that the clients tion services. Philly VIP,” Rosin said, adding that Even the leaders of the Section were expressed makes it all worthwhile,” he Lawyers in any practice area are experienced practitioners are also involved, not just the more junior said. “They were so thankful to have us invited to attend “Wills for Kinship being sought for the program. lawyers,” said Vigderman, a partner at come out and help them. That’s what Caregivers,” a CLE training session on He said VIP and the SeniorLAW Montgomery, McCracken, Walker & it’s all about.” Wednesday, Oct. 6 from 12 to 2 p.m. in Center will screen prospective clients the 11th floor Conference Center at Bar for eligibility and then the YLD will Association headquarters, 1101 Market coordinate with them in terms of Street. Attorneys will learn the basics of matching up attorneys. 3RD Annual YLD drafting a will and free CLE credits will “If we have more attorneys than be available to those attendees who people on the list, we might go into the agree to take a case from VIP. Free communities to seek out clients at lunch also will be provided. community centers,” Rosin said. ZOOBOOLEE The goal of this program is to offer Members of the Probate and Trust free wills to foster grandparents and Section did go into the community Sunday, Oct. 24 other caregivers who lack basic estate during the spring and summer to help plans. “Our target clients are kinship elderly indigent Philadelphians com- care givers. They’re individuals who plete wills, financial powers of attorney at the Philadelphia Zoo are related to, but who, for one reason and health care directives, with the or another, haven’t adopted children in help of the SeniorLAW Center. visit philadelphiabar.org their care. They are foster grandpar- “This is the Committee’s third time ents, aunts or uncles as well as app- working on this project,” said M. How- for more information ointed guardians,” said Matthew L. Ro- ard Vigderman, chair of the Public Ser-

PHILADELPHIA 8 OCTOBER 2004 / BAR REPORTER Legal Profession, Justice Are a Higher Calling BAR FOUNDATION

by Edward F. Chacker

My mother, Bella, took her oath to defend the United States on Jan. 17, 1937. My father, Rubin, did the same some time in 1936, making them both Photo by Maureen Mingey Bar Association and Bar Foundation officials gather to congratulate Morris M. Shuster (second from right) after he received the Foundation’s citizens of this great country. My Judge Gerald F. Flood Award on Sept. 8 at the Pyramid Club. Pictured (from left) are Board of Governors Chair Ronald A. Kovler, Bar brother, Nate, took a similar oath to Foundation President Edward F. Chacker, Vice Chancellor Alan M. Feldman, Shuster, and Gerald A. McHugh Jr., immediate-past president of defend in 1952 and was sent to Korea the Bar Foundation. to serve with the 25th Division of the Fifth Army in what was technically and to serve honorably as an arbitrator Ridge, upon receiving our Association’s That thought and obligation is ex- known then as a police action. In my for numerous courts. Bar Medal in 1999, spoke to the assem- actly why you and your colleagues cre- family, it is referred to as the Korean Each of these oaths is worded dif- bled lawyers at a Quarterly Meeting ated and support the Philadelphia Bar War. I took my first oath to defend the ferently. But all require the affiant to at and cited the Pledge of Allegiance. The Foundation. At the very same meeting, Constitution (as had my brother) in least live up to the spirit of the pledge, most important line to him was the former Chancellor Mark Aronchick also 1964. My second oath was on Sept. 8, if not its literal meaning. I have always last: “With liberty and justice for all.” honored then-Mayor Ed Rendell. May- 1973, when I became a member of the believed that. He then went on to share his view of or Rendell spoke of a pro bono case Bar of the Commonwealth of Pennsyl- Our pledge as lawyers includes the the unique responsibility of lawyers to that he personally handled on behalf vania. Since then, just as many of you obligation to promote and ensure help ensure that all people have an of a 6-year-old girl (who I will call have, I have taken an oath to defend access to justice for all. opportunity to participate in our judi- Sherry) who he represented as part of a the Pennsylvania and U.S. constitutions Former Pennsylvania Gov. Tom cial system. continued on page 20 Superior Information is Your Premier Public Record Information Source. Superior Information, a ChoicePoint® service, has been providing quality public record information to the legal, insurance, investigative and banking industries for years. We perform fast and efﬁcient searches of multiple public record sources to provide the information you need through our intuitive online interface.

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PHILADELPHIA BAR REPORTER / OCTOBER 2004 9 Philadelphia Bar Association October Quarterly Meeting and Luncheon Thursday, October 21 at Noon at the Park Hyatt Philadelphia at the Bellevue, Broad and Walnut Streets

• Remarks by University of Pennsylvania President Dr. Amy Gutmann • Presentation of the Justice Sandra Day O’Connor Award to Judge Marjorie O. Rendell

Please make reservations for the Philadelphia Bar Association’s Quarterly Meeting Return to: and Luncheon. Tickets are $50 for members and $55 for non-members. Checks should be Quarterly Meeting made payable to the Philadelphia Bar Association. Philadelphia Bar Association 1101 Market St., 11th fl. Name: Philadelphia, Pa. 19107-2911 Credit Cardholder: Firm/Employer: Visa MasterCard American Express Address: Card number:

Expiration date: Phone: Fax: Signature: E-Mail: Credit card payments should be faxed to Bar Headquarters at (215) 238-1267.

QUARTERLY MEETING the University Center for Human Val- lished in 1993 and has been presented viter (former Chief Judge); U.S. District ues. She is president of the American to U.S. District Court Senior Judge Nor- Court Judge Anita B. Brody; Leslie continued from page 1 Society of Political and Legal Philoso- ma L. Shapiro; the late Juanita Kidd Anne Miller, first woman president of other books include: Everywhere That phy, a Fellow of the American Acade- Stout, former justice of the Pennsyl- the Pennsylvania Bar Association; Lila Mary Went, Final Appeal, Running From the my of Arts and Sciences, the W. E. B. vania Supreme Court; Deborah R. Wil- G. Roomberg of Ballard Spahr Andrews Law, Legal Tender, Rough Justice, Mistaken Du Bois Fellow of the American Acad- lig, first woman Chancellor of the Phil- & Ingersoll, LLP; the late Judge Judith J. Identity, Moment of Truth, The Vendetta emy of Political and Social Science and adelphia Bar Association; Professor Jamison; Ellen T. Greenlee of the Def- Defense, Courting Trouble and Dead Ringer. a Fellow of the National Academy of Marina Angel of the Temple University ender Association of Philadelphia; and Besides winning the Edgar Award, Education. Beasley School of Law; Third Circuit Immediate-Past Chancellor Audrey C. mystery writers’ highest honor, Scotto- Judge Rendell joined Duane, Morris Court of Appeals Judge Dolores K. Slo- Talley. line has received an Honorary Doctor- & Heckscher after graduating from the ate of Laws from West Chester Univer- Villanova University School of Law and sity and an Alumni Certificate of Merit eventually became the firm’s second by the University of Pennsylvania Law woman partner. In her 20 years as a School. She also received the “Paving practicing attorney, she specialized in SLS Consulting, LLC the Way” award from Women in Busin- bankruptcy law and commercial litiga- Sandra L. Seidel, Certified Consultant/Trainer ess and a “Distinguished Author Aw- tion, and served as a mediator for the 418 Cedar Hill Road, Birdsboro, PA 19508 ard” from the University of Scranton. U.S. District Court for the Eastern Dist- Gutmann was nominated as Penn’s rict of Pennsylvania. She was appoint- Providing law firms with the tools, training and resources president in January and began work ed to the U.S. District Court for the needed to make them more productive and efficient. in July when Dr. Judith Rodin retired. Eastern District of Pennsylvania in 1994 Gutmann came to Penn from Princeton and the U.S. Court of Appeals for the University, where she served as provost Third Circuit in 1997. She is married to We are Premier Partners, Certified Consultants and and was also the Laurance S. Rockefel- Pennsylvania Gov. Edward G. Rendell. Trainers in: ler University Professor of Politics and The O’Connor Award was estab-

Nominating Committee Formed PCLaw / PCLawPro The Nominating Committee of the Offices for which candidates are being Law Office Time, Billing, Accounting, Calendaring, Philadelphia Bar Association has been solicited are vice chancellor, secretary, Contact Management & Matter Manager formed. Committee members are Aud- assistant secretary, treasurer, assistant rey C. Talley (Chair), Jeffrey L. Abrams, treasurer, and five seats on the Board of Daniel-Paul Alva, Keith E. Armstrong, Governors, three of which are to be Gabriel L.I. Bevilacqua, David S. Blum, nominated by the Nominating Comm- Andrew A. Chirls, Lenard A. Cohen, ittee. Karen L. Detamore, Alan M. Feldman, Each Board seat carries a three-year Barbara W. Freedman, Rudolph Garcia, term. Individuals who wish to be con- Sidney L. Gold, Allan H. Gordon, David sidered for any of the above offices Amicus Attorney B. Harwi, Kim R. Jessum, Marsha L. should submit a resume of their back- The Law Office on Computer Levick, George H. Newman, Rebecca ground and indicate the position for Rosenberger-Smolen, David J. Steer- which they wish to run. Increase your productivity and peace of mind with the world’s man, Mark W. Tanner and Raymond K. Materials should be submitted to leading/friendliest practice management software. Walheim. Association Secretary Sayde the Chair of the Nominating Comm- Joy Ladov serves as a non-voting ittee, Audrey C. Talley, c/o Susan For more information, call: 610-404-4192 or 1-800-498-3318 member of the committee. Schrenk, Philadelphia Bar Association, Visit our web site at www.slsconsulting.com The committee has scheduled its 1101 Market St., 11th Floor, Philadel- Email: [email protected] meetings for Tuesday, Oct. 12 at 4 p.m. phia, Pa. 19107-2911, no later than 5 SLS CONSULTING and Wednesday, Oct. 13 at 4 p.m. p.m., Thursday, Oct. 7.

PHILADELPHIA 10 OCTOBER 2004 / BAR REPORTER 20042004 Bench-BarBench-Bar ConferenceConference

The Philadelphia Bar Association Gratefully Acknowledges the Generous Support of the Official Sponsors of the 2004 Bench-Bar Conference

PHILADELPHIA BAR REPORTER / OCTOBER 2004 BB1 2004 Philadelphia Bar Association Bench-Bar Conference at The Borgata Bench-Bar Seminars 2004 Bench-Bar Conference Schedule of Events Friday, Nov. 5 12 - 2 p.m...... Opening Luncheon Feature 35 Judges 2 - 2:30 p.m...... Break 2:30 - 3:30 p.m...... Track One Seminars • Issues in 21st Century Family Law: Second Parent Adoption, Third Party Custody From City, State Bench and Support Rights, Gay Marriage and Domestic Partnerships and Common Law by Jeff Lyons Procedures.” Charles L. Becker is the Marriage course planner. • Mass Tort Litigation and the Ethics of the Problem Client (Ethics Credit) Thirty-five state and municipal Bureau of Workers’ Compensation • Appellate Advocacy and Procedures judges will be panelists during the Judges Martin B. Burman and Pamela • Handling the Personal Injury Case Involving Workers’ Compensation Implications Association’s Bench-Bar Conference at Santoro are the course planners and 3:30 - 3:45 p.m...... Break the Borgata Hotel Casino and Spa in panelists for “Handling the Pers- 3:45 - 4:45 p.m...... Track Two Seminars Atlantic City on Nov. 5 and 6. onal Injury Case Involving • The New Rules of Professional Conduct (Ethics Credit) Eight CLE courses are available on Workers’ Compensation Imp- • A Fresh Perspective on UM/UIM: Set-offs, Multiple Tortfeasors and the New Fair Friday and 10 more are available on lications.” Share Act Saturday. Each of these one-credit sem- Former Chancellor Abraham C. • Commerce Court Program Update inars cover a wide range of topics and Reich is the course planner for “The • Legal Obligations, Reasonable Accommodations and Available Court Resources for legal specialties. Please note that all New Rules of Professional Clients Who are Deaf or Hard of Hearing program details are subject to change. Conduct,” which is worth one ethics 6:45 - 8 p.m...... Grand Reception The conference opens with a lun- credit. Pennsylvania Supreme Court Saturday, Nov. 6 cheon beginning at noon on Friday, Justice Russell M. Nigro is among the 8 - 9:15 a.m...... Breakfast Nov. 5. Pennsylvania Supreme Court panelists along with Thomas J. Elliott, 9:30 - 10:30 a.m...... Track One Seminars Chief Justice Ralph J. Cappy, Philadel- Roberta D. Pichini and Thomas G. • Are Private Whistleblowers Effective Enforcers of the Federal Health Care Fraud phia Court of Common Pleas President Wilkinson. and Abuse Laws? Judge Frederica A. Massiah-Jackson “A Fresh Perspective on • Recent Developments in Death Penalty Jurisprudence and Philadelphia Municipal Court UM/UIM: Set-offs, Multiple • Unique Perspectives From the Bench: The Judiciary and the Election Code President Judge Louis J. Presenza will Tortfeasors and the New Fair • Has the Last Bell Rung for Pollution Coverage in Pennsylvania? A Case Study of moderate a panel discussion on the Share Act” will feature panelists John Wagner (Blue Bell Gulf) v. Erie Insurance Co. state of the court. Panelists include A. Livingood Jr. and Jeffrey L. • Appeals from Arbitration and Rule 1311: The Shifting Landscape Philadelphia Court of Common Pleas Dashevsky, who are also the course 10:30 - 11 a.m...... Break Judges Kevin Dougherty (supervising planners. 11 a.m. - 12 p.m...... Track Two Seminars judge, Family Court Juvenile Division), Philadelphia Court of Common • Developments in the Award of Attorneys’ Fees in Pennsylvania Courts Myrna P. Field (administrative judge, Pleas Judges Gene D. Cohen, C. Darnell • Work/Life Balance for Lawyers: Four Instruments for Change Family Court), James J. Fitzgerald III Jones and Albert W. Sheppard will be • Using Trial Technology in a Jury Trial: Learn the Art of PowerPoint, DVD and Much, (administrative judge, Trial Division), on the panel along with Mitchell L. Much More! Idee C. Fox (supervising judge, Family Bach, Edward G. Biester, Darryl J. May • Immigration Law for the Employment and Labor Lawyer in the Post-9/11 World Court Domestic Relations Division), D. and Marc J. Sonnenfeld for “Comm- • Judging the Judges: How the Judicial Disciplinary Process Works in Pennsylvania Webster Keogh (supervising judge, erce Court Program Update.” (Ethics Credit) Criminal Division) William P. Manfredi The course is being planned by Eric C. 12 - 12:15 p.m...... Break (supervising judge, Civil Division), Jos- Milby and Lee Applebaum. 12:15 - 2 p.m...... Closing Luncheon eph D. O’Keefe (administrative judge, Court of Common Pleas Judge Lisa Orphan’s Court) and Municipal Court M. Rau, Jeffrey Campolongo (course Clark, Elizabeth Jackson, Lillian Harris Common Pleas Judge Annette M. Rizzo Judges Robert Blasi (supervising judge, planner) and Mark J. Murphy will sit Ransom and George W. Overton. The and Joan C. Williams will be the pan- Civil Division) and James DeLeon on a panel discussing “Legal Oblig- course planner and moderator for the elists on the program “Work/Life (supervising judge, Criminal Division). ations, Reasonable Accomm- program is Willie Lee Nattiel Jr. Geoff- Balance for Lawyers: Four In- Philadelphia Court of Common odations and Available Court rey Seay will also serve as a moderator struments for Change.” Henry is Pleas Judges Myrna P. Field and Mar- Resources for Clients Who are for this program. also the course planner. garet T. Murphy McKeown will be Deaf or Hard of Hearing.” The program “Has the Last Bell Assistant District Attorney Scott P. joined by Mark A. Momjian and James Robin Locke Nagele is the course Rung for Pollution Coverage in Sigman is the course planner for “Us- A. Rocco III as panelists for the course planner and a member of the panel for Pennsylvania? - A Case Study ing Trial Technology in a Jury “Issues in 21st Century Family “Are Private Whisteblowers of Wagner (Blue Bell Gulf) v. Er- Trial: Learn the Art of Power- Law: Second Parent Adoption, Effective Enforcers of the Fed- ie Insurance Co.” will feature pan- Point, DVD and Much, Much Third Party Custody and Sup- eral Health Care Fraud and elists Richard F. McMenamin, Elit R. Fe- More!” Panelists for this program in- port Rights, Gay Marriage and Abuse Laws?” Other panelists for lix,II, Joseph M. Manko and Thomas B. clude Pennsylvania Superior Court Domestic Partnerships and this course, which is among the first Rutter. Felix is also the course planner. Judge J. Michael Eakin, Philadelphia Common Law Marriage.” The track being offered on Saturday, Nov. 6, Board of Governors Chair Ronald A. Common Pleas Court Judge Peter F. course planners are Margaret Klaw, include James M. Becker, Assistant U.S. Kovler is the course planner and a Rogers, Daniel J. Mann and Daniel S. Elaine Smith and Carolyn Zack. Attorney Virginia Gibson and David M. panelist for “Appeals from Arbi- Weinstock. One ethics credit is available for Laigaie. tration and Rule 1311: The “Immigration Law for the “Mass Tort Litigation and the “Recent Developments in Shifting Landscape.” Other pan- Employment and Labor Law- Ethics of the Problem Client,” Death Penalty Jurisprudence” elists include Mary McGovern, the ad- yer in the Post-9/11 World” will with panelists Pennsylvania Superior will feature panelists Court of Common ministrator for the Court of Common feature panelists Lawrence H. Rudnick Court Judge Richard B. Klein, Philadel- Pleas Judge C. Darnell Jones II, Jules Pleas, Arthur S. Novello, Brian A. Wall and Ann A. Ruben, who are also course phia Court of Common Pleas Judge Epstein (course planner) and a repre- and Court of Common Pleas Judge Ber- planners. Mark I. Bernstein and former Chan- sentative from the District Attorney’s nard J. Goodheart. Joseph A. Massa Jr., chief counsel of cellor Robert C. Heim. The planner for Office Homicide Unit. “Developments in the Award the Judicial Conduct Board, is the this course is Stephen A. Sheller. Five Court of Common Pleas judges of Attorneys Fees in Pennsyl- course planner for “Judging the Pennsylvania Superior Court Judge will be panelists for “Unique Pers- vania Courts” will feature panelists Judges: How the Judicial Correale F. Stevens and Common- pectives From the Bench: The Bernard W. Smalley, Court of Common Disciplinary Process Works in wealth Court of Pennsylvania Judge Judiciary and the Election Pleas Judge John W. Herron and course Pennsylvania.” James C. Schwartz- Renee Cohn Jubelirer will be on the Code.” They include Judges I. Nitza planner Timothy T. Myers. man, Lynn A. Marks and John W. panel for “Appellate Advocacy & Quinones-Alejandro, Earlene Green Deborah Epstein Henry, Court of Morris are panelists for the program.

PHILADELPHIA BB2 OCTOBER 2004 / BAR REPORTER 2004 Philadelphia Bar Association Bench-Bar Conference at The Borgata Join Us in Nov. for Camaraderie, Education

Dear Colleague: unique learning of 18 different cours- an opportunity to refresh and renew On Nov. 5 and 6 at the new Borgata experience that comes and up to 6.5 your sense of professionalism, meet Hotel Casino & Spa, we will combine bines camaraderie credit hours. We new friends, become better acquainted tradition with innovation when we and social events have included the with the judiciary and enjoy all the convene the Philadelphia Bar Associa- with for-credit sub- participation of amenities of what has quickly become tion’s first Atlantic City Bench-Bar Con- stantive and ethics many sections and one of the region’s finest hotel/spa ference in 17 years. law workshops. committees and will destinations. For those of you who have attended This will be a feature many promi- Complete your Bench-Bar registra- a Bench-Bar Conference in the past, conference for the Bevilacqua Lindy nent judges and tion today to reserve your place at the this Bench-Bar contains all of the fea- entire profession: for lawyers as speakers conference. tures and elements you have always every segment, every age group, every and panelists. Indeed, we expect Sincerely, enjoyed. For those who have never discipline and every law firm or legal unprecedented participation by the attended a Bench-Bar Conference, this department. Its continuing legal educa- local and state judiciary. Gabriel L.I. Bevilacqua, Chancellor is your chance to take advantage of a tion component alone offers a choice The 2004 Bench-Bar Conference is Jeffrey M. Lindy, Conference Chair

Justices, D.A. 2004 Bench-Bar Conference Registration Form to Speak at Nov. 5 & 6, 2004 ~ Atlantic City, NJ Conference (Please Note: Judges will receive separate conference materials) Each attendee must fill out a registration form in its entirety (non-attorney guests may be included on the form). Make Two Pennsylvania Supreme Court checks payable to Philadelphia Bar Association and mail to: 2004 Bench-Bar Conference, Philadelphia Bar Association, justices and the Philadelphia district 1101 Market St., 11th Fl., Philadelphia, PA 19107, or pay with your credit card below and fax to (215) 238-1159. This attorney will play major roles in the form is also available at www.philadelphiabar.org. NOTE: Hotel reservations must be made separately by calling 866- November Bench-Bar Conference at the MYBORGATA (866-692-6742). Mention “Philadelphia Bench-Bar 2004” or use online Group/Offer code GBAR1K4 at Borgata. www.theborgata.com to take advantage of the special rate of $210 per night plus taxes. Chief Justice Ralph J. Cappy will address conference attendees at the Opening Luncheon on Friday, Nov. 5. Justice Sandra Schultz Newman and Assn. Member Philadelphia District Attorney Lynne Registration Type (all prices are per person) Assn. Public Interest, Gov. Non-Member Amount Member Attorneys & YLD Attorney Owed Abraham will be the keynote speakers at the Closing Luncheon on Saturday, Full Conference: Friday Opening Luncheon, Nov. 6. Friday Night Grand Reception, Saturday Breakfast, Saturday Closing $445 $395 $495 Luncheon, Course Materials, Up to 6.5 CLE Credits In 1986, Chief Justice Cappy was appointed by the Supreme Court of One Day Attendee—Friday: Friday Opening Luncheon, Friday Night Pennsylvania as presiding administra- Grand Reception, Course Materials, CLE Credits for Friday only $245 $195 $295 tive judge of the Civil Division in Allegheny County. Chief Justice Cappy One Day Attendee—Saturday: Saturday Breakfast, Saturday Closing $245 $195 $295 was elected to the Supreme Court of Luncheon, Course Materials, CLE Credits for Saturday only Pennsylvania in 1989. Justice Newman was first elected to Grand Reception—Friday Evening Only $100 $75 $125 the Pennsylvania Commonwealth Court in 1993. In 1995, she became the first woman elected to the Supreme Court of Pennsylvania. Non-Attorney Guest Registration - $125 Per Guest Sub-Total: ______Abraham has served as district Price includes food and social functions only. Guest Total: ______attorney since 1991. Before that, she Please register me for _____ guest(s) at $125 per guest. Total Amount Due: ______served as a judge in both Common Pleas and Municipal Corurt. Attendee Name: ______Nickname on Badge (if different from above): ______Company/Organization ______Reserve Your Guest Name(s): ______Borgata Room Address: ______City: ______State: ______Zip: ______Borgata hotel reservations are now Phone: ______Fax: ______E-mail: ______open and should be made separately at 866-MYBORGATA (866-692-6742). Men- Special/Dietary Needs: ______tion “Philadelphia Bench-Bar 2004” to Emergency Contact Name: ______Phone: ______take advantage of the negotiated rate Card Type: ______American Express ______MasterCard ______Visa of $210 per night plus taxes. Card Number: ______Exp. Date: ______You can also register online at www.theborgata.com with Group/Offer Cardholder’s Name: ______code GBAR1K4. Parking at the hotel is Cardholder’s Signature: ______Date: ______$5 per car, per in-and-out. You must also complete the official Conference registration form on this page.

PHILADELPHIA BAR REPORTER / OCTOBER 2004 BB3 2004 Philadelphia Bar Association Bench-Bar Conference at The Borgata

Borgata’s Mixx nightclub features a restaurant serving Latin/Asian fusion cuisine from 5 to 10:30 p.m. The nightclub is open from 10 p.m. until 5 a.m. After Dark, Nightlife at Borgata Sizzles by Mark A. Tarasiewicz eclectic mix of eats, beats and visual treats. The gourmet tequila menu says Sit. Lounge. Chill. Dance. With so Reserve Now for Borgata Restaurants it all. Gypsy Bar hours during the many different places to let loose at the Bench-Bar Conference are 5 p.m. to 3 With 11 destination restaurants by calling 866-MYBORGATA. Res- Borgata during the 2004 Bench-Bar a.m. on Friday and 5 p.m. to 4 a.m. on from which to choose, attendees of ervations are accepted for Borgata’s Conference, suddenly five senses just Saturday. the 2004 Bench-Bar Conference at five fine dining restaurants: Spec- don’t seem like enough. Food at Gypsy Bar is served daily the Borgata have an impressive chio, Ombra, Suilan by Susanna Foo, At Mixx, too much of a good thing from 5 to 10 p.m. The cuisine is array of dining possibilities at their Old Homestead steakhouse, and is a good thing. Mixx has a dual iden- “hearty and eclectic,” and the ambience fingertips. But be sure to make your Mixx. Casual restaurants that do not tity - it’s a restaurant and a nightclub. is “fun.” dining reservations now (they are require reservations include: The Mixx serves Latin/Asian fusion cuisine B-Bar is a high-potency haven for accepted up to 90 days in advance) Metropolitan, N.O.W. (Noodles of until late night, when the specialty of liquid refreshment. Step out on the since weekends book quickly. the World), Risi Bisi, Borgata Buffet, the house becomes a fusion of high- dance floor or order yourself a tall Dining reservations can be made Gypsy Bar, and Amphora Lounge. energy excitement and infinite possi- glass of something completely differ- bility. With its “Sex in the City” atmos- ent. Cheers! And B-Bar never closes. phere, Mixx is the place to see at the Apart from the bar scene, someone Borgata – and be seen. open from 10 p.m. to 5 a.m. Plus, there at www.theborgata.com. You’ll be filled is always splitting sides at the Borgata The hours at Mixx for dinner and is no cover for ladies on Friday nights. in on all the upcoming parties and Comedy Club. Call 800-736-1420 for sushi bar during the Bench-Bar Want to know what’s going on at special guests at Mixx. up-to-the-minute information on Conference are 5 p.m. to 10:30 p.m. on Mixx in advance? Sign up for their e- At Gypsy Bar, a free spirit pervades, who’s appearing and to purchase tick- Friday and Saturday. The nightclub is mail bulletins on the Borgata’s Web site from the exotic beer selection to the ets, or book online at Ticketmaster.com.

PHILADELPHIA BB4 OCTOBER 2004 / BAR REPORTER Career Corner Preparation Can Make Difference in Job Search

by James LaRosa and Gary Mintz

Attorneys looking for new jobs often go into the process without much thought regarding the things they may typographical and grammatical errors need to do, or issues that may arise are extremely common in the attorney during the process. Often it is these resumes see. seemingly incidental items or issues Transcript: Many firms and cor- that ultimately prevent a candidate porate legal departments now require from receiving a job offer. submission of a law school transcript at Although each of these issues seems some point in the interview process. Photo by Jeff Lyons to be common sense, our clients tell us Because it may take several days, or Moderator Lynn Yeakel (left) leads a discussion at the Sept. 21 meeting of the Women in the they see them frequently from job can- even a few weeks, to obtain your tran- Profession Committee as panelists Dr. Barbara Schindler (center) and Janet Perry listen. didates. script, you risk losing momentum in Resume: Although it would seem the interview process with a potential Women in the Profession Committee very obvious that an updated and employer if you do not have a copy of accurate resume is the first, and often your transcript ready to go when you Experts: Get Help to Combat most important, tool in obtaining an start your job search. interview, candidates often rush the References: Although you may preparation of this most-important not be in a position to ask individuals Depression, Mental Illness document. A very common problem to speak as your reference in the early we see are resumes that are not updat- stages of a job search, it is always a by Jeff Lyons from depression. ed to include a candidate’s most recent good idea to give some serious thought “We can make your caseload lighter experience. Another issue that we often as to whom you would ask when the Because attorneys suffering from or arrange for you to take a leave of see are resumes in which the dates need arises. Often it takes candidates depression seldom make the first move absence if needed. But you have to let relating to prior and current employ- several days, or even a week or more, to get help, a colleague or a family your employer know,” Perry said. ment are incorrect, inaccurate or to come up with the names of their member usually has to take the initia- Schindler said exhaustion can play a incomplete. As strange as it may sound, continued on page 21 tive, two experts told members of the major role in the onset of depression, Women in the Profession Committee at noting the long hours that attorneys their Sept. 21 meeting. often work. The panel discussion on mental “You shouldn’t be exhausted all the INCORPORATION health issues for women was moderat- time. You are a bad lawyer when you’re ed by Lynn Yeakel, the director of the exhausted. You can’t be competent AND Institute for Women’s Health and Lead- when you’re exhausted,” Perry said. ership at Drexel University College of “You need to change your work- LIMITED LIABILITY Medicine. Panelists included Dr. Barb- load. Go to your managing partner or ara A. Schindler, vice dean for Educat- supervisor and tell them that you can’t COMPANY FORMATION ional and Academic Affairs, Professor of continue to produce quality work if the Psychiatry and Pediatrics at Drexel Uni- workload remains so high,” she said. CONVENIENT, COURTEOUS SAME DAY SERVICE versity College of Medicine, and Janet “As women, our tendency is to make Perry, special counsel and director of sure everything and everyone else is professionalism at Pepper Hamilton taken care of first. You can’t be a good PREPARATION AND FILING SERVICES IN ALL STATES LLP. caregiver or provider if you’re not in Schindler said there are ways to tell good shape yourself,” said Schindler. CORPORATION OUTFITS AND if a person is suffering from depression. She said that if you find you need LIMITED LIABILITY COMPANY OUTFITS “People will begin missing dead- help for depression, the best place to lines, calling in sick or not getting their start is with your primary care physi- SAME DAY SHIPMENT OF YOUR ORDER work done,” she said, adding the per- cian. Often times, she said, the doctor son might have persistent sadness and can refer you to a therapist. You also CORPORATE STATUS REPORTS self esteem scraping the ground. “They need to decide if you want to see a UCC, LIEN AND JUDGMENT SEARCH SERVICES also might seem angry all the time,” psychologist or a psychiatrist. DOCUMENT RETRIEVAL SERVICES she said. “I believe that a combination of “People tend to go underground medication and therapy helps you bet- because of the stigma attached to ter,” said Schindler, saying she’d recom- depression. But it’s likely to be noticed mend people see a psychiatrist. M. BURR KEIM COMPANY if you’re working in a large firm Schindler said friends are also a because you’re working with so many good way to get referrals for finding a SERVING THE LEGAL PROFESSION SINCE 1931 other people,” Perry said. therapist. “If you feel comfortable ask- “The Rules of Professional Conduct ing someone about it, then you should 2021 ARCH STREET, PHILADELPHIA, PA 19103 have guidelines about mental health. do it,” she said. One rule requires you to stop repre- Perry said most large law firms have PHONE: (215) 563-8113 senting a client if your mental condi- some sort of employee assistance pro- FAX: (215) 977-9386 tion interferes with your ability to gram available. These programs usually assist your client,” she said. involve a few free sessions with a ther- WWW.MBURRKEIM.COM Perry said most law firms will make apist that can get you started on the accomodations for attorneys suffering road to recovery.

PHILADELPHIA BAR REPORTER / OCTOBER 2004 15 James E. Beasley (1926-2004) A Lawyer’s Lawyer and Zealous Advocate by Allan H. Gordon the Philadelphia Trial Lawyers Michael Musmanno Award; The Chapel of Four Contributions James E. Beasley was a lawyer’s Chaplains Legion of Honor; and the Contributions may be made in Jim lawyer who left a legacy that includes Temple University General Alumni Beasley’s memory to the John H. Glick, more than his name on our law school. Association Certificate of Honor. His MD Oncology Research Fund, Abram- Jim died of cancer on Sept. 18 at the involvement in the legal community son Cancer Center at the University of age of 78. He is survived by his wife was also extensive and included being Pennsylvania, Penn Tower, 3400 Helen Mary; five children, including a past president of the Philadelphia Spruce St., Phila., Pa. 19104. his son and law partner, Jim Beasley, Jr.; Trial Lawyers Association and and eight grandchildren. Pennsylvania Trial Lawyers Association. He also left behind scores of clients Jim was best known perhaps for named the James E. Beasley School of who he represented zealously and for taking on tough cases. He successfully Law. As Robert Reinstein, dean of the whom he obtained numerous multi- represented Dick Sprague against The law school, wrote, “The value of Jim's million-dollar verdicts, against doctors, Philadelphia Inquirer in a 1990 libel case generosity to the Law School is hard to hospitals, manufacturers, governments and immediately after the Sept. 11, put into words. But more than any- and newspapers. 2001 attacks on America, sued Saddam thing, he wanted to - and did - pro- Trial lawyers honed their skills by Husseim and Osama bin Laden. In fact, vide the kinds of opportunities to gen- watching Jim try cases. He talked to in May 2003, Jim won a $104 million erations of law students that he was jurors in a comfortable tone that didn’t judgment on behalf of the families of able to provide for his own children.“ sound far removed from his very hum- two people killed on Sept. 11, after a In fact, more than 100 students ble beginnings in West Philadelphia. federal judge agreed that Iraq provided received Beasley Scholarships, and Jim dropped out of high school in 10th James E. Beasley "material support" to al-Qaeda. He innumerable others will in the future grade to join the Navy. When he came will most be remembered for the thanks to Jim’s generosity. back from World War II, he finished members of the latest generation of scores of unknown individuals he His brilliant trial advocacy skills and high school, college and law school. Philadelphia’s premier trial lawyers. helped and whose lives he changed – his infinite generosity are the real lega- As a young lawyer, Jim learned from He shared his talent with hundreds of the seriously injured, the oppressed cy of Jim Beasley. I am honored to another legend, the grandfather of all lawyers who were fortunate to attend and the poor. have known him – a real Philadelphia Philadelphia trial lawyers, the late, his trial advocacy classes at Temple. In 1999, Jim gave our alma mater, lawyer. great Nate Richter. Jim then started his Jim’s awards are too numerous to Temple University School of Law, the own firm and was in large measure list but include Temple University Law largest endowment in the university's Allan H. Gordon, a partner at Kolsby, Gordon, Robin, Shore & Bezar, is a former Chancellor of the Philadelphia responsible for the careers of many School’s Outstanding Alumni Award; history and the law school was re- Bar Association.

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PHILADELPHIA 16 OCTOBER 2004 / BAR REPORTER BRENNAN AWARD continued from page 1 Deadline for Citizens Pro Bono Nominees is Oct. 8

Resolution. Nominations are now being accept- wish to nominate law firms, individu- services to under-served segments of “I’m excited primarily because it will ed for the Citizens Pro Bono Award, als or legal departments for the award the population; keep me in contact with lawyers on a which will recognize outstanding vol- should send a detailed letter explaining • Successful litigation of pro bono daily basis, doing something I’ve unteer efforts to help provide legal ser- the reason for the nomination (includ- cases favorably affecting the provision always been passionate about - settling vices to those in need. Nominations are ing supporting materials) to: Audrey C. of services to the indigent; cases. So in one sense I’ll be doing due by Friday, Oct. 8. Talley, Esq., Chair, Citizens Pro Bono • Successful support of legislation many of the same things I’ve always The Philadelphia Bar Foundation Award, Philadelphia Bar Association, contributing substantially to the provi- done — but I’ll be 10 blocks west and and Citizens Bank will present three 1101 Market St., 11th Floor, Philadel- sion of legal services to the indigent; won’t be wearing a robe. I’m looking awards recognizing pro bono publico (for phia, Pa. 19107. • Significant pro bono activity; forward to a new career that I know the good of the public) volunteer The criteria for award winners is as • Length and breadth of pro bono will be both challenging and reward- efforts. One award will be presented to follows: commitment and experience; ing,” he said. an individual and two awards will be • Demonstrated dedication to the • Other significant accomplishments The Brennan Award recognizes a given to law firms or legal departments development and delivery of pro bono or activities that have improved access jurist who adheres to the highest ideals at the Bar Foundation’s Andrew legal services in and around the City to justice for residents of the of judicial service. Justice Brennan was Hamilton Ball on Saturday, Nov. 13. and County of Philadelphia; Philadelphia area impacted by poverty, the first recipient of the award in 1995. Though the awards will contain a • Significant contributions toward abuse and/or discrimination. Other recipients of the award include monetary component, the monetary the development of innovative All nominations for the awards the following: President Judge Alex portion will take the form of a grant to approaches to the delivery of volunteer must be received by the end of the Bonavitacola of the Philadelphia Court a law-related public service agency legal services; business day on Friday, Oct. 8. For of Common Pleas (1996); Judge Phyllis designated by each honoree. • Participation in an activity that more information, contact Stephanie W. Beck of the Pennsylvania Superior Nominations from all quarters are results in satisfying previously unmet Krzywanski at (215) 238-6351 or by e- Court (1997); Chief Judge Edward R. welcomed and encouraged. Those who needs for legal services or in extending mail at [email protected]. Becker of the U.S. Court of Appeals for the Third Circuit (1998); Judge Louis C. Bechtle of the U.S. District Court for the Eastern District of Pennsylvania (1999); Send Us Your News, Views, Photos for Publication Chief Judge James T. Giles of the U.S. District Court for the Eastern District of The Philadelphia Bar Reporter welcomes authorship, but names will be withheld and should be directed to: Jeff Lyons, Pennsylvania (2000); Justice Russell M. law-related submissions for publica- up-on request. Managing Editor, Philadelphia Bar Nigro of the Pennsylvania Supreme tion. Editors reserve the right to condense Reporter, Philadelphia Bar Association, Court (2002); and U.S. District Court Articles relating to a specific practice for clarity, style and space considera- 1101 Market St., 11th floor, Philadel- Senior Judge Louis H. Pollack (2003). area, commentary, book reviews and tions. phia, Pa. 19107-2911. Phone: (215) 238- The Award was not given in 2001. letters to the editors are welcome. Articles and/or requests for publica- 6345. Fax: (215) 238-1267. E-mail: Letters must be signed to verify tion may be mailed, faxed or e-mailed [email protected].

PHILADELPHIA BAR REPORTER / OCTOBER 2004 17 In Campaign 2004, Image is Everything by Marc W. Reuben bonanza. Roosevelt was the champion be as inarticulate as the rest of us. of the working man, while Reagan was The absence of powerful imagery The trouble with Sen. John Kerry’s an unabashed flag waver. One made it has killed the Democratic campaign presidential campaign, as voters will ARTS & MEDIA possible for progressives to forge a and will likely lead to a humiliating soon demonstrate, is that the candidate social scheme that worked for almost result on Election Day. Bill Clinton, for (and those who manage him) suffers half a century, while the other made it all of his windbag charm, knew how to from the conceit that voters actually possible for George II to become presi- seize an issue and run with it. So suc- consider issues as the major part of dent. cessful was he at keeping on point that their choice of candidates. Just who put The memory of Reagan’s optimism he was able to ignore the myriad sug- this idiotic notion into the senator’s is what pushes the Bush campaign gestions of lewd conduct that were the mind remains to be seen. It is true that ahead of the lachrymose Kerry. As the basis of conservative arguments Kerry once helped lead a brave anti- campaign of Sen. Kerry swings from against him and which angered con- war campaign in the 1970s. The echo of torpor to underdone fribble without servatives more than anything else. that era currently inspires Kerry to missing a beat, the fact is that the Perhaps this reality is the reason the believe that it was American intellect, and according them much more credit incredible miscalculations of the sena- Democrats stupidly decided to try to rather than boredom, that inspired than they deserve. tor’s crack campaign staff do not mat- make Mr. Kerry a war hero at their anti-war sentiment in the 1970s and Image still rules the minds of the ter at all. It is the image that is present- convention. The fact that he was a dec- that he can re-harness the same energy unwashed. American voters do not ed through the public media that has orated veteran does not make him a toward the Iraq war now. come from traditions that treasure captured the national imagination. And hero in the eyes of the voting public. It is the great conceit of the liberals intellect and American culture is the Kerry image is dolefully lacking in He has to act like one. His accomplish- that they consign the most optimistic known to favor speed without thought. spontaneity and spirit. Had the ments mean nothing (note Max reasons for mundane events. H.L. Americans want the glib rather than Democrats nominated someone other Cleland) and his ideas are for naught if Mencken defined liberals as those who, the incisive. The two greatest commu- than Ichabod Crane, is it possible that he cannot strut down the runway on a seeing a rose smells better than a cab- nicators among presidents, Franklin D. the brainless horseman might not be red carpet while the band is playing. bage, also think it will make better Roosevelt and Ronald Reagan, knew reelected. But that possibility recedes A glance at conservative posturing soup. But the fact is that in the new this. Both men were far deeper than with each daily dose of melancholy might tell Kerry something about the century, liberals are still overinflating given credit for, and both knew how to and purposeless prose from a candi- power of image. Poseurs mean more the workings of the common voters turn a quick phrase into a political date who proves that intellectuals can continued on page 19

Committee Room. Friday, Oct. 15 Social Security and Disability Benefits Committee – meeting, noon, 11th floor Conference CALENDAR OF EVENTS Center. Lunch: $7.50. Philadelphia Lawyer Editorial Board – meeting,12:30 p.m., 10th floor Board Room. Note: While the following listings have been verified prior to press time, any scheduled event Monday, Oct. 18 may be subject to change by the committee or section chairs. Business Law Section Executive Committee – meeting, noon, 10th floor Board Room. Monday, Oct. 4 Tuesday, Oct. 19 Public Interest Section Executive Committee – meeting, noon, 10th floor Board Room. Cabinet – meeting, noon, 10th floor Board Room. Family Law Section - meeting, 4 p.m., 10th floor Board Room. Wednesday, Oct. 20 Tuesday, Oct. 5 Workers’ Compensation Section Executive Committee – meeting, 10:30 a.m., 11th floor Philadelphia Bar Foundation Board of Trustees – meeting, noon, 10th floor Board Room. Committee Room. Elder Law Committee – meeting, noon, 11th floor Committee Room South. Workers’ Compensation Section – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Federal Courts Committee – meeting, 12:30 p.m., 10th floor Board Room. Lunch: $7.50. Wednesday, Oct. 6 Racial and Gender Bias Committee – meeting, 12:30 p.m., 11th floor Committee Room. Delivery of Legal Services Committee – meeting, 8:30 a.m., 10th floor Board Room. Lunch: $7.50. State Civil Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. LegalLine – 5 p.m., 11th floor Committee Room. Thursday, Oct. 7 Thursday, Oct. 21 Environmental Law Committee – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Quarterly Meeting and Luncheon – noon, Park Hyatt Philadelphia at the Bellevue, Broad and Civil Rights Committee – meeting, 12:15 p.m., 11th floor Committee Room South. Walnut streets. Tickets: $50, www.philadelphiabar.org. Alternative Dispute Resolution Committee – meeting, 12:15 p.m., 10th floor Board Room. Family Law Section Executive Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Philadelphia Bar Reporter Editorial Board – meeting, 12:30 p.m., 10th floor Board Room. Sunday, Oct. 24 YLD Zooboolee – 3 p.m., Philadelphia Zoo, 34th Street and Girard Avenue. Friday, Oct. 8 Women’s Rights Committee – meeting, 12:15 p.m., 10th floor Board Room. Lunch: $7.50. Tuesday, Oct. 26 Young Lawyers Division Executive Committee – meeting, noon, 10th floor Board Room. Monday, Oct. 11 Criminal Justice Section – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Columbus Day – Bar Association offices closed. Wednesday, Oct. 27 Tuesday, Oct. 12 Committee on the Legal Rights of Persons with Disabilities – meeting, 12:30 p.m., 11th floor Criminal Justice Section Executive Committee – meeting, noon, 10th floor Board Room. Committee Room. Solo and Small Firm Committee – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Medical Legal Committee – meeting, noon, 11th floor Committee Room South. Lunch: $7.50. Thursday, Oct. 28 Lawyer Referral and Information Service Committee – meeting, noon, 11th floor Committee Wednesday, Oct. 13 Room. Appellate Courts Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Board of Governors – meeting, 4 p.m., 10th floor Board Room. Thursday, Oct. 14 Unless otherwise specified, all checks for luncheons and programs should be made payable to the Philadelphia Bar Legislative Liaison Committee – meeting, 12:30 p.m., 11th floor Committee Room South. Association and mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2911. Send Bar Lunch: $7.50. Association-related calendar items 30 days in advance to Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Committee on the Legal Rights of Lesbians and Gay Men – meeting, 12:30 p.m., 11th floor Association, 1101 Market St., Philadelphia, Pa. 19107-2911. Fax: (215) 238-1267. E-mail: [email protected].

PHILADELPHIA 18 OCTOBER 2004 / BAR REPORTER Get Connected at Nov. Bench-Bar Conference by Kim R. Jessum President Judge Frederica A. Massiah- employer that this is a worthwhile Jackson and other judges and court event, I offer the following advice bor- This year, I’ve been stressing the officials on the state of the judiciary, rowed in part from the American Bar importance of “getting connected.” YLD UPDATE the bench and the bar. Association YLD. First, it is a relatively One of the year’s best opportunities After two sessions of various CLE inexpensive trip to earn as many as 6.5 to get connected is coming up at the programs, a Grand Reception, which hours of CLE, including one ethics Association’s Bench-Bar Conference at promises to be a magnificent event, credit. Second, this conference pro- the Borgata Hotel Casino & Spa on will be held. The reception will provide vides a good way for an associate to Nov. 5 and 6. many opportunities to socialize with meet peers from the Philadelphia The Bench-Bar Conference will pro- the bench and bar and immerse your- region, as well as to meet with the vide young lawyers with the opportu- self in the amazing atmosphere of the leaders of the legal community whom nity to meet judges, boost your career, Borgata Hotel. he or she may ordinarily never meet in network and get a leg up on your col- On Saturday, breakfast and two practice. These meetings may lead to leagues. This is a special opportunity to additional sessions of CLE programs business development in the form of mingle and network with judges and Bar Association have also taken part in will be offered. The conference will referrals or potential client contact, colleagues in a comfortable setting. the planning to provide a diverse conclude with a luncheon, where you establishing or improving your reputa- The Bench-Bar Conference com- offering of topics. will hear remarks by Pennsylvania tion or your firm’s reputation among bines continuing legal education with In addition to receiving CLE credits, Supreme Court Justice Sandra Schultz your peers, and forming new relation- social events to accommodate attor- there will be several occasions where Newman and Philadelphia District ships with members of the profession. neys of a variety of age groups and young lawyers can socialize with each Attorney Lynne Abraham. The rest of This is an event that you do not practice areas. other, as well as with distinguished the day is yours to enjoy either in want to miss. For more information The conference will offer programs leaders of the profession, including Atlantic City or heading home. about the conference to register online, ranging from the new rules of profes- judges and prominent lawyers. The The cost of the conference for YLD visit www.philadelphiabar.org. For sional conduct to immigration law. conference begins on Friday, Nov. 5 members is $395. If you cannot attend hotel reservations at the special rate, The YLD is planning a seminar called with a luncheon, where attendees will the entire conference, you may register call the Borgata at 866-MYBORGATA. “Using Trial Technology in a Jury Trial: hear remarks from Pennsylvania for either the Friday or Saturday events Learn the Art of PowerPoint, DVD and Supreme Court Chief Justice Ralph J. for $195. If you would really like to attend, but are concerned about the Kim R. Jessum, chair of the Young Lawyers Division, is Much, Much More!” Cappy. There will also be a dialog with patent counsel for Rohm and Haas Company. Her e-mail Other sections of the Philadelphia Philadelphia Court of Common Pleas price or about convincing your address is [email protected].

ARTS & MEDIA that gap is filled with fanciful and buried 30 years ago. He is being beaten much bigger. If Americans ever did pay patriotic coloring. Even the clamor by a failed president who has com- attention to issues, they are not doing continued from page 18 against the sex-mad Clinton was belied pounded misjudgments by the use of so now, and failing to comprehend this than heroes when the images are vivid. by the seedy sex lives of his would-be secrecy and who manages the and plan around the point is the rea- Reality is not even a secondary factor if inquisitors. If anything can be learned unthinking obedience of a bellicose son Mr. Kerry is going to lose. the image is vivid enough. Take the from the incumbent, it is that false and electorate with perfect precision. In Any candidate who cannot think of popular icon of the conservatives, a stupid ideas can be parlayed into cul- response to this, Kerry issues dry and a way, however stupid it may be, to movie star (now deceased) who refused tural gold with sufficient lighting and nuanced fact. No one is listening to engage his countrymen does not to join the service in wartime and mood music. The key is to invent an him. He answers simple questions with deserve to lead them. whose achievements included battle image, or, if you have a face like John F. convoluted prose and cannot utter a films where Japanese bullets could not Kennedy, ride a nifty image of youth. simple phrase without making it sound Mark W. Reuben, a sole practitioner, is an advisory editor of the Philadelphia Bar Reporter. He has been writing hit his overweight butt as it waddled No one has been elected president who as if it were broken off of something about the arts and media since 1973. onto the beaches at Iwo Jima. This film did not first capture the imagination of is shown at military indoctrinations, voters. Only once, when the melan- and it is said to make grown men cry. choly Herbert Hoover rode in on a tide Unless they are Japanese, I don’t get it. of national prosperity, did the more Inspiration, when it comes, should interesting candidate lose. have some basis in reality. Kerry is not interesting. His delivery ATTORNEY DISIPLINARY/ETHICS MATTERS There is a big disconnect between lacks eloquence and personality. His conservative voters and reality and conceit, in addition to his aims, were Representation, Consultation and Expert Testimony in Matters Involving Ethical Issues and/orthe Rules of Professional Conduct

JAMES C. SCHWARTZMAN, ESQ. Schwartzman & Associates, P.C. 1760 Market St. 12th Floor Phila., PA 19103 (215) 563-2233

Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania; Former Chairman Continuing Legal Education Board of the Supreme Court of Pennsylvania; Former Federal Prosecutor

AV Rated

PHILADELPHIA BAR REPORTER / OCTOBER 2004 19 BAR FOUNDATION ourselves and our families. donor, there will be three such Shuster Statement of Ownership, Management On Sept. 8, the Bar Foundation rec- awards. and Circulation (Required by 39 USC 3685). continued from page 9 ognized Morris M. Shuster by present- Morrie is just one example of the 1. Publication title: Philadelphia Bar Reporter. 2. project by Philadelphia VIP. Sherry Publication No.: 710-610. 3. Filing date: October ing him with the Flood Award. Morrie community of lawyers who, like you, 2004. 4. Issue Frequency: Monthly. 5. Number of needed a wheelchair because of a her- is a great and unassuming lawyer who have received the benefits of our pro- issues published annually: 12. 6. Annual subscription editary muscle disorder. Her first two has always understood and believed fession. Let me tell you of one other price: $45. 7. Complete mailing address of known office of publication: Philadelphia Bar Association, attempts to collect Social Security what our Supreme Court has recently local lawyer who believes the law is a 1101 Market St., 11th floor, Philadelphia, Pa. 19107- Disability benefits had been denied. In put into words. We were fortunate to higher calling. She works for one of the 2911. Contact person: Mark Tarasiewicz. Telephone: order for her to succeed at school she (215) 238-6346. 8. Complete mailing address of have Judge Arlin M. Adams, former local legal services agencies. She has headquarters or general business office of publisher: needed a wheelchair and because of Chancellor and a trailblazer of the Ass- been very active in the Bar Association, Philadelphia Bar Association, 1101 Market St., 11th some technical rule she could not get ociation, present the Flood Award to serving on several committees and task floor, Philadelphia, Pa. 19107-2911. 9. Full names and complete mailing addresses of publisher, editor, approved. As only he can, Ed Rendell Morrie. The award is given to an indi- forces. As an attorney working for a and managing editor: Publisher: Philadelphia Bar described his feeling of apprehension vidual whose activities best exemplify nonprofit agency, she earns a salary Association, 1101 Market St., 11th floor, Phila- delphia, Pa. 19107-2911. Editor: Molly Peckman, in preparing for the case. Even as a vet- the life and achievements of Judge that is just a fraction of what she could Esq., Philadelphia Bar Association, 1101 Market St., eran of the courtroom he realized the Flood, who, during his more than 40 be making in the corporate world. And 11th floor, Philadelphia, Pa. 19107-2911. Managing potential of changing this child’s life. editor: Jeff Lyons, Philadelphia Bar Association, 1101 years of outstanding public service to yet she is the newest Member of our Market St., 11th floor, Philadelphia, Pa. 19107-2911. With the awarding of the benefits the people of Philadelphia, was a role Hamilton Circle – she has made the 10. Owner: Philadelphia Bar Association, 1101 came not only a great sense of accom- model to us all. The first Flood Award commitment to contribute $1,000 a Market St., 11th floor, Philadelphia, Pa. 19107-2911. 11. Known bondholders, mortgagees, and other plishment but the realization that was given in 1972 to the Honorable year for each of the next 10 years, so security holders owning or holding 1 percent or more Sherry’s life would be changed forever. Edmund B. Spaeth Jr. of the that her funds can help to provide for of total amount of bonds, mortgages, or other secu- Most pledges don’t have subsets of rities: none. 12. Tax status (for completion by non- Philadelphia Court of Common Pleas. future grantmaking by the Bar Foun- profit organizations authorized to mail at nonprofit rules but our oath of office upon being This year, Morrie Shuster was recog- dation. She believes in access to justice. rates): The purpose, function and nonprofit status of sworn in as Pennsylvania lawyers in- nized for creating and funding a fel- I know you’d like to know who she is, this organization and the exempt status for federal income tax purposes has not changed during the pre- corporates our Rules of Professional lowship that reduces the law school but she insists on anonymity. ceding 12 months. 13. Publication Title: Philadelphia Conduct. Our Pennsylvania Supreme debt of public sector lawyers who have With the recent completion of the Bar Reporter. 14. Issue date for circulation data Court recently amended these Rules below: October 2004. 15. Extent and nature of circu- been working for at least five years in Jewish New Year, and Thanksgiving and lation: A. Total number of copies (net press run): effective Jan. 5 to reflect its strong be- the pro bono community. The award is Christmas near at hand, many of us Average number of copies each issue during preced- lief that the practice of law is a profes- intended to provide these attorneys will begin to think of charitable dona- ing 12 months: 11,117. Number of copies of single issue published nearest to filing date: 11,150. B. Paid sion of the highest calling. with the financial resources to help tions. There are many words for chari- and/or requested circulation: 1. Paid/requested out- In the past, the court has shown its ensure their ability to continue work- ty. In Hebrew, the word is “tzedakah.” side-county mail subscriptions stated on Form 3541 (Include advertiser’s proof and exchange copies): support for public service with the cre- ing in public interest law. Last year, the But this word means more than chari- Average number of copies each issue during preced- ation of IOLTA and recently the interest first Shuster Fellowship was given to ty. It actually means justice. So wheth- ing 12 months: 2,672. Number of copies of single on minor judiciary accounts. The issue published nearest to filing date: 2,761. 2. Paid Rodney Cunningham, a bright attorney er it’s the words of Tom Ridge, Ed Ren- in-county subscriptions stated on Form 3541 money, raised at no cost to the private working at the AIDS Law Project. Cun- dell or the new Rules of Professional (Include advertiser’s proof and exchange copies): bar or any government agency, is used ningham is a graduate of Rutgers Uni- Conduct, or the generosity of Morrie Average number of copies each issue during preceding 12 months: 7,919. Number of copies of single to support both nonprofit legal services versity and Georgetown Law School, Shuster, remember that charity is a res- issue published nearest to filing date: 7,989. 3. Sales as well as some law school clinics. and he has been in practice in Phil- ponsibility for all, but justice is a high- through dealers and carriers, street vendors, counter The rule states in part: sales and other non-USPS paid distribution: Average adelphia since 1996. He could have er calling. number of copies each issue during preceding 12 Preamble: A Lawyer’s Responsibil- worked anywhere he wanted, but he months: 0. Number of copies of single issue pub- ities chose public service. This year, with the Edward F. Chacker, president of the Philadelphia Bar lished nearest to filing date: 0. 4. Other classes Foundation, is a partner at Gay, Chacker & Mittin, P.C. mailed through the USPS: Average number of copies “[1] A lawyer, as a member of the additional support of an anonymous each issue during preceding 12 months: 0. Number legal profession, is a representative of of copies of single issue published nearest to filing clients, an officer of the legal system date: 0. C. Total paid and/or requested circulation (sum of 15B1, 15B2, 15B3 and 15B4): Average num- and a public citizen having a special ber of copies each issue during preceding 12 responsibility for the quality of justice.” g{x gÜâáàxxá Éy à{x months: 10,591. Number of copies of single issue published nearest to filing date: 10,750. D. Free dis- “[6] As a public citizen, a lawyer tribution by mail (samples, complimentary and other should seek improvement of the law, c{|ÄtwxÄÑ{|t UtÜ YÉâÇwtà|ÉÇ tÇw free copies): Average number of copies each issue during preceding 12 months: 1. Outside-county as access to the legal system, the adminis- stated on Form 3541: 0. 2. In-county as stated on tration of justice and the quality of ser- TÇwÜxã [tÅ|ÄàÉÇ UtÄÄ V{t|Üá Form 3541: 0. 3. Other classes mailed through the vice rendered by the legal profession USPS: 100. Number of copies of single issue published nearest to filing date: 1. Outside-county as …In addition, a lawyer should further TÄxåtÇwxÜ Z|tvÉuxàà| 9 g{xÜxát \àtÄ|tÇÉ stated on Form 3541: 0. 2. In-county as stated on the public’s understanding of and con- Form 3541: 0. 3. Other classes mailed through the fidence in the rule of law and the jus- USPS: 100. E. Free distribution outside the mail (car- TÄxåtÇwxÜ 9 `tÜÇ|x ^xÜÜ riers or other means): Average number of copies tice system because legal institutions in each issue during preceding 12 months: 0. Number a constitutional democracy depend on of copies of single issue published nearest to filing ÜxÖâxáà à{x ÑÄxtáâÜx Éy çÉâÜ vÉÅÑtÇç tà à{x date: 0. F. Total free distribution (sum of 15D and popular participation and support to 15E): Average number of copies each issue during maintain their authority. A lawyer preceding 12 months: 100. Number of copies of single issue published nearest to filing date: 100. G. should be mindful of deficiencies in Total distribution (sum of 15C and 15F): Average the administration of justice and of the TÇwÜxã [tÅ|ÄàÉÇ UtÄÄ number of copies each issue during preceding 12 fact that the poor, and sometimes per- months: 10,691. Number of copies of single issue published nearest to filing date: 10,850. H. Copies sons who are not poor, cannot afford not distributed: Average number of copies each issue adequate legal assistance. Therefore, all during preceding 12 months: 426. Number of copies VxÄxuÜtà|Çz of single issue published nearest to filing date: 300. I. lawyers should devote professional Total (sum of 15G and 15H): Average number of time and resources and use civic influ- copies each issue during preceding 12 months: 11,117. Number of copies of single issue published ence to ensure equal access to our sys- nearest to filing date: 11,150. J. Percent paid and/or tem of justice for all those who because TÇ XäxÇ|Çz |Ç VtÅxÄÉà requested circulation (15C ÷ 15G x 100): Average of economic or social barriers cannot number of copies each issue during preceding 12 ftàâÜwtç? à{x à{|ÜàxxÇà{ Éy aÉäxÅuxÜ gãÉ à{ÉâátÇw tÇw yÉâÜ months: 99.06 percent. Number of copies of single afford or secure adequate legal coun- issue published nearest to filing date: 99.08 percent. sel.” Signed, Kenneth Shear, Executive Director, Sept. 15, fxäxÇ ÉËvÄÉv~ |Ç à{x xäxÇ|Çz tà g{x ctÜ~ [çtàà c{|ÄtwxÄÑ{|t 2004. I certify that all information on this form is true If there were any doubt that the and complete. I understand that anyone who furnish- practice of law is a higher calling, our es false or misleading information on the form or Supreme Court has now put those tà à{x UxÄÄxäâx ZÜtÇw UtÄÄÜÉÉÅ? UÜÉtw tÇw jtÄÇâà fàÜxxàá who omits material or information requested on the form may be subject to criminal sanctions (including thoughts to rest. It is clear that our fines and imprisonment) and/or civil sanctions court believes that the practice of law is UÄtv~ g|x (including civil penalties). more than just a way to provide for

PHILADELPHIA 20 OCTOBER 2004 / BAR REPORTER CAREER CORNER continued from page 15 strongest references. Remember, it is Judge Meets Section always a good idea to consider as a New Workers’ Compensation Bureau Judge reference an attorney against whom Bonnie Callahan (second from left) meets you have had a case. Section Co-Chairs (from left) Michael Dryden, Writing sample: The writing Deborah A. Beck and Judge Scott Olin at the sample is Section’s Sept. 15 meeting. Judge Callahan where was also introduced to the Section members Career many can- in attendance at the meeting, where they questions? didates fail learned tips from members of the bench. Send your career ques- to take the Photo by Jeff Lyons tions to James LaRosa time to at JuriStaff, Inc., at make sure [email protected] they are or call JuriStaff at (215) presenting 751-9100. You can also a tight, send your questions to [email protected] clean, updated and rele- vant sample. When candidates do not plan ahead on presenting a writing sample, they often do not select their best sample, but rather submit whatever is the easiest to locate, or the most recent sample they can find. Business plan: More experienced attorneys, and attorneys with portable business, will often be expected to present a potential employer with a detailed business plan discussing current and prior work that they have originated, and/or work they would expect to originate should they join a new employer. Employers are looking for business plans to be extremely specific with regard to how candidates intend to market themselves and generate work. Prospective employers are looking for very specific information, including a detailed history of prior results and how you intend to continue to grow your practice. The more specifics you include, the more credibility your plan will have. Clear reason for making a move: Before entertaining any interviews, it is extremely important that you are able to articulate the specific reasons you are looking to leave your current employer. It is also important to be able to articulate exactly what you are looking for in your next position, and how you believe this potential employer fits those criteria. Not being fully prepared on any of the above-discussed issues can mean the difference between getting an offer and not getting an offer. Therefore, it is wise to think about all of these issues before you begin the interview process.

James LaRosa, Esq. and Gary Mintz, Esq. are recruiters with JuriStaff, Inc., the exclusively endorsed legal staffing agency of the Philadelphia Bar Association. LaRosa can be reached at (215) 751- 9100, extension 302 or via e-mail at [email protected]; Mintz can be reached at (215) 751-9100, extension 315 or via e-mail at [email protected].

PHILADELPHIA BAR REPORTER / OCTOBER 2004 21 Jennifer M. Lisa R. Jacobs, a erage consumers need to protect them- Horn, an attorney partner with selves in case of a motor vehicle acci- PEOPLE with Cohen, Segli- Pepper Hamilton dent or injury. as, Pallas, Greenhall LLP, was a guest on & Furman, has Comcast CN8’s Dorothy K. Phillips, managing Michael H. been appointed to “Your Morning” partner and founder of Dorothy K. Reed, a partner the Board of Direc- television show on Phillips & Associates, LLC, was a fea- with Pepper Ham- tors of the Philadel- Aug. 31. She dis- tured speaker at the National Business ilton LLP, has been phia Chapter of the cussed the logistics, Institute’s seminar “Ounce of appointed to the National Association of Women in economics and politics of the 2004 Prevention, Pound of Cure: Critical Interest on Lawyers Construction. Republican National Convention. Financial Mistakes Made in Divorce in Trust Account Pennsylvania” on Sept. 14. (IOLTA) Board by Charles M. Golden and Edmond Michele R. the Supreme Court M. George, partners at Obermeyer Punturi, a share- Joseph A. Gerber, a member of of Pennsylvania. Rebmann Maxwell & Hippell LLP, were holder with Cozen O’Connor, was the keynote on the faculty of the Ninth Annual Marshall, speaker at the recent American Justice William H. Lamb, a part- Bankruptcy Institute of the Pennsyl- Dennehey, Warner, Association of Legal Administrators ner with Lamb McErlane P.C., has been vania Bar Institute on Aug. 17. Coleman & Goggin, conference in Philadelphia. His speech appointed to the Kennedy Center discussed recent was titled “I Found You Just in Time - Advisory Committee by President Andrew J. Stern developments in Lawyers and Administrators Make George W. Bush. of The Beasley Firm workers’ compen- Great Harmony.” has been formally sation law at the Pennsylvania Bar David Shrager appointed to the Association Workers’ Compensation Michael D. Homans of of Shrager Spivey & Pennsylvania Law Section’s annual Fall Section Flaster/Greenberg P.C. discussed legal Sachs has been Supreme Court Meeting on Sept. 23 and 24. protections for gay and lesbian em- honored for partici- Procedural Rules ployees under the New Jersey Law pation in Trial Committee. Paul C. Heintz, a partner with Against Discrimination and the recent- Lawyers Care, the Obermayer Rebmann Maxwell & ly enacted Domestic Partnership Act at largest free legal Jacques L. Etkowitz, a shareholder Hippel LLP, has been appointed to the the seminar “Sexual Orientation and representation pro- with RatnerPrestia, was a speaker at Board of Managers of the Philadelphia Domestic Partnership: Evolving Law in gram ever under- the Claims Drafting Workshop at the Foundation, a nonprofit charitable NJ” presented by the Camden County taken, which took the cases of 9/11 2004 Patent Prosecution Basic Training foundation that provides philanthropic Bar Association on Thursday, Sept. 23. victim families before the federal gov- Seminar held in August in Arlington, services throughout Southeastern ernment’s September 11th Victim Va. Pennsylvania. J. Denny Compensation Fund without charge. Shupe, a partner Jonathan Richard M. at Schnader Harri- Scott B. Ostroff of Villari, Jurewicz, a part- son Segal & Lewis Schwartz, a Ostroff, Kusturiss, ner at Galfand LLP, has been sel- member of Cozen Brandes & Kline, Berger, has been ected to serve as O’Connor, was a P.C. has been hon- recertified in Civil vice chair of the featured participant ored for participa- Trial Law and Defense Research at the Search Eng- tion in Trial Law- Advocacy as a civil Institute Aerospace ine Strategies 2004 yers Care, the larg- trial attorney by Law Committee for a one–year term. Conference & Expo est free legal repre- the National Board in San Jose, Calif., in sentation program ever undertaken, of Trial Advocacy. Judge Timothy K. Lewis, a part- August. In the moot court Trademark which took the cases of 9/11 victim ner at Schnader Harrison Segal & Protection on Trial session, Schwartz families before the federal govern- Ian M. Comisky, a partner with Lewis LLP, has been appointed to the argued on behalf of trademark owners ment’s September 11th Victim Comp- Blank Rome LLP, participated in the National Committee on the Right to on the misuse of trademarks by search ensation Fund without charge. 22nd International Symposium on Counsel. He will serve as co-chair. engines. Economic Crime: “The Financial War Jay H. Ginsburg, a sole practitioner, on Terror and Organized Crime.” The Doreen Y. Trujillo, a member of Michael E. recently received the Permanency symposium was held at Jesus College, Cozen O’Connor, was a featured speak- Bertin, an associ- Advocate Award from the Statewide University of Cambridge, Cambridge, er at a national seminar on the intel- ate at Obermeyer Adoption Network at a recognition England from Sept. 5 to 12. lectual property aspects of business Rebmann Maxwell banquet in Lancaster. transactions. The telephone-based & Hippell LLP, was Charles program was given Aug. 24 and 25 and recently elected to Michael Schleifer of was organized by WebCredenza, Inc. serve on the Cawley, a senior Eisenberg, Roth- on behalf of a consortium of state bar Council of the partner with weiler, Schleifer, associations. Family Law Section Margolis Edelstein, Weinstein & Wink- of the Pennsylvania Bar Association. served as a faculty ler, P.C. has been member at Meal- honored for partic- Peter Neeson, a partner at Rawle & ey’s Reinsurance ipation in Trial Names Are News Henderson, was named vice chair of Summit in Boston Lawyers Care, the the Tort Trial and Insurance Practice “People” highlights news of on Sept. 20 and 21. largest free legal representation pro- Section of the ABA at the association’s members’ awards, honors or gram ever undertaken, which took the recent annual meeting. appointments of a civic or com- Sheila Galluci-Davis, vice presi- cases of 9/11 victim families before the munity nature. Information may dent-general counsel of Subaru of federal government’s Sept. 11 Victim Robert W. Hayes and Robert V. be sent to Jeff Lyons, Managing America, was recently awarded the Compensation Fund without charge. Dell’Osa, members of Cozen Editor, Philadelphia Bar Reporter, 2004 National Association of Minority O’Connor, were recently featured Philadelphia Bar Association, 1101 Automobile Dealers’ Appreciation Michael Mednick of Mednick speakers at the National Lawyers Market St., 11th floor, Philadelphia, Award for her efforts to increase diver- Mezyk & Kredo was recently featured Association 2004 Educational Pa. 19107-2911. Fax: (215) 238-1267. sity within the automobile industry. on Fox Philadelphia’s “Good Day Live.” Conference on July 29 at The Racquet E-mail: [email protected]. Mednick discussed the rising costs of Club of Philadelphia. Photos are also welcome. vehicle repairs, and what types of cov-

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