Protect Freedoms, Mfume Urges Understand by Jeff Lyons Judges’ Role

BENCH-BAR PREVIEW INSIDE!

July 2006 The Monthly Newspaper of the Philadelphia Bar Association Vol. 35, No. 7

June Quarterly Meeting and Luncheon Public Doesn’t Protect Freedoms, Mfume Urges Understand by Jeff Lyons Judges’ Role,

Members of the Philadel- Rendell Says phia Bar Association need to take the lead in advocating by Jeff Lyons greater judicial oversight of existing federal law and poli- Legislators, not judges, are supposed to cies and to lead the way in heed the will of the people, U.S. Court of working to protect the Cons- Appeals Judge Marjorie O. Rendell told titution, its Bill of Rights and attendees of the June 16 Federal Bench-Bar the concepts of free speech, Conference. freedom of assembly and due Judge Rendell, speaking on the increased process contained therein, for- attacks on judges for “judicial activism,” said mer NAACP president Kweisi the criticism exists because there is a “total Mfume told members of the misunderstanding of the roles of our three Association at the June 19 branches of government.” Quarterly Meeting and Lunch- “I was struck last year with the Schiavo eon. case and I think it was Sen. Frist who stood Mfume, who delivered the up on the Senate floor and said ‘this is hor- Judge A. Leon Higginbotham rible. Judges are not doing the will of the Jr. Memorial Public Interest people.’ “And it was striking to me that there Lecture, was also highly criti- was very little media or other response to cal of the Bush administration Kweisi Mfume delivered the Judge A. Leon Higginbotham Jr. Memorial Public Interest continued on page 19 over the war in Iraq and Lecture at the Association’s June 19 Quarterly Meeting and Luncheon. domestic spying programs. was Baghdad’s ties to terror- Mfume is running for the U.S. ism and then the invisible Senate in Maryland. weapons of mass destruction. I Web The event also included don’t know how any of you honors for the newest mem- stand on the war, but I do check bers of the Association’s Year want you to know that I have Register for the 2006 Clubs, with remarks by former √ consistently opposed unilater- Bench-Bar Conference by Board of Governors member al war in the absence of first visiting philadelphiabar.org. Paul N. Minkoff. attack because to go it alone “We meet today as our without provocation makes it nation seems doomed to very difficult later to expect remain in a punishing war of help,” he said. foreign occupation in Iraq,” “I don’t confuse opposition In This Issue ... Mfume said. “A war whose to the war with a lack of sup- 3 CLE for Pro Bono rationale has changed repeat- port for the fighting forces. edly both before it started and Like you, I commend the 5 Ethics in Politics even today. Our president was bravery and sacrifice of our content in giving us an ever- men and women in uniform 6 Bar Foundation shifting and ever-changing who represent all races and all 7 Photos by Jeff Lyons Hollywood Ending rotating set of reasons for this faiths. But bring them home or Paul N. Minkoff addresses fellow Year Club honorees at war. First, it was regime deploy them where they can 20 O’Connor Award change. Then we were told it continued on page 24 the June 19 event.

KNIPES-COHEN COURT REPORTING Celebrating 40 Years of Service to the Legal 215-928-9300 Com umunity. ROBERT COHEN, PRESIDENT COURT REPORTING • VIDEOGRAPHY • VIDEOCONFERENCING 400 Market St., 11th Floor, Philadelphia, PA 19106 (P) 800-544-9800 • www.knipescohen.com • (F) 215-627-0555 A CONDOMINIUM RESIDENCE Now Available—move in 2006 VISIT OUR SALES GALLERY located on the mezzanine level of the phoenix at 1600 arch street Distinguished homes featuring • 32 UNIQUE residence styles • EXTRAORDINARY VIEWS • Direct Access from lobby to suburban station concourse open daily • 24-HOUR CONCIERGE 10 am - 6 pm or call for your convenient personal appointment phillyphoenix.com 16th and Arch Streets philadelphia, pa 215-854-1770

2 JULY 2006 / BAR REPORTER Task Force Reports on CLE Credit for Pro Bono

Chancellor’s Note: I thought this topic was was that the opportunity to obtain We also learned that there were so important that I’ve yielded this month’s col- between 5,000 and 10,000 additional three “universals” in all states. First, the umn to Joseph A. Sullivan. FRONTLINE hours of pro bono service is not CLE for pro bono program satisfies - Alan M. Feldman. insignificant. only a portion of the annual or bienni- In New York, although there are no al requirement, ranging from one-fifth by Joseph A. Sullivan these resources are not enough to meet formal statistics, anecdotal reports from to one-third of the total CLE required. the full scope of this vast need. All the public interest law centers around the Thus, the programs do not displace tra- Last October, then Chancellor-Elect national law school and other experts state suggest that the topic of CLE for ditional CLE classroom training and do Alan Feldman commissioned a task tell us that, as best can be determined, pro bono comes up in three different not alter the role of the state CLE force of lawyers, joined by U.S. District these efforts combined meet only 20 to contexts. First, through their support of board in monitoring CLE programs Court Judge Edmund Ludwig, to inves- 25 percent of the need for legal services pro bono for CLE credit, the state’s and compliance. Finally, in all states, tigate the idea of providing approved by low-income disabled, elderly and highest court and state bar leaders had for each CLE credit, a minimum num- continuing legal education credit to other vulnerable persons. communicated the idea that pro bono ber of hours or pro bono legal work is lawyers who do pro bono legal work The Task Force set to work, was “legitimate legal work,” convincing required, such as a ratio of six hours of representing low-income and disad- researching the CLE for pro bono pro- a number of lawyers to step forward to legal work for one hour of CLE credit. vantaged persons, as well as nonprofit grams in the six states. We researched do more pro bono for CLE credit. Our conclusions were that the entities serving these groups. Web sites and databases for the highest Next, volunteer lawyers reported potential gains more than outweighed Six states currently have a partial courts in these states, as well as admin- that the availability of CLE credit any potential downsides. In the Task CLE credit for pro bono system: Colo- istrative offices of the courts, statewide encouraged them to try pro bono mat- Force’s report submitted to Chancellor rado, Delaware, New York, Tennessee, CLE boards and agencies and public ters in areas outside the scope of their Feldman and the Board of Governors Washington and Wyoming. Two of interest law centers, among others. To regular fee practice. Many volunteers on May 5, and approved by the Board these states, New York and Tennessee, our surprise, no state has as yet done a took training programs mandated by unanimously at its May meeting, we have had such programs for more than statistical study of their programs. We the providers before taking their first recommended a pilot program that, if five years. were able to obtain some statistics and case, and felt they were continuing adopted by the Pennsylvania CLE The Task Force recognizes the vast extensive anecdotal evidence, particu- their education by taking a case and Board and the state Supreme Court, numbers of individuals who are in larly in Tennessee and New York, by working with agencies and mentors to continued on page 11 need of legal assistance, but who sim- communicating directly with private learn a new area of law, and develop ply cannot afford counsel. We want to firm lawyers, state CLE board adminis- skills necessary to do it. acknowledge the vigorous efforts of trators and public interest law center Finally, some legal directors report- our nationally recognized legal services directors. ed that the availability of CLE credit for organizations, Community Legal What we found in Tennessee was pro bono is a “marvelous marketing Services and Philadelphia Legal that in the first three years of the pro- tool,” to quote one director. This direc- Assistance, and our outstanding public gram, the participation rate among tor explained that once a lawyer does Editor-in-Chief interest law centers, including Tennessee’s 14,500 lawyers was about 6 pro bono, his or her perspective is Molly Peckman, Esq. Philadelphia VIP and many other percent, although the statistics were often changed. He or she begins to Associate Editors providers, as well as private bar pro not conclusive. The number of partici- appreciate how important the services Sunah Park, Esq. bono and law school clinical programs. pants rose significantly in the second are to clients, and how rewarding the Lawrence S. Felzer, Esq. Their efforts have been substantial and year, and the third year statistics were work is. They become inclined to do Heather J. Holloway, Esq. are irreplaceable. not yet complete. While these results more pro bono based on the first Stacey Z. Jumper, Esq. It remains clear, however, that all may seem small, our collective reaction experience. Asima Panigrahi, Esq.

Contributing Editor Association Forms Nominating Committee Richard Max Bockol, Esq. Advisory Editors The Nominating Committee of the Tees and Nancy Winkelman. to be nominated by the Nominating Bruce H. Bikin, Esq. Philadelphia Bar Association has been Association Assistant Secretary Committee. Each Board seat carries a Merih O. Erhan, Esq. formed. Kathleen D. Wilkinson serves as a non- three-year term. Individuals who wish Marc W. Reuben, Esq. Committee members are Andrew A. voting member of the committee. to be considered for any of the above Director of New Media and Publications Chirls, Chair; Judy F. Berkman, Gabriel The committee has scheduled dates offices should submit a resume of their Mark A. Tarasiewicz L.I. Bevilacqua, Kevin H. Buraks, Kim- for its next meetings. They are Thurs- background and indicate the position Managing Editor berly Boyer-Cohen, Jane L. Dalton, Ju- day, Sept. 7 at 12 p.m., Wednesday, Oct. for which they wish to run. Jeff Lyons dith Drasin, William P. Fedullo, Alan M. 11 at 3:30 p.m. and Thursday, Oct. 12 at Materials should be submitted to Copy Editor Feldman, Kenneth J. Fleisher, Sidney L. 3:30 p.m. the Chair of the Nominating Commit- Kate Maxwell Gold, Kim R. Jessum, Dennis J. Lawler, Offices for which candidates are be- tee, Andrew A. Chirls, c/o Susan Director of Public Affairs Barbara A. Mason, Matthew Perks, A. ing solicited are vice chancellor, secre- Knight, Philadelphia Bar Association, and External Communications Michael Pratt, Lee A. Rosengard, Cindy tary, assistant secretary, treasurer, assis- 1101 Market Street, 11th Floor, Beth Huffman Rosenthal, Scott P. Sigman, Stacy A. tant treasurer, and five seats on the Philadelphia, PA 19107-2911, no later Executive Director Board of Governors, three of which are than 5 p.m., Thursday, Oct. 6. Kenneth Shear

The Philadelphia Bar Reporter (ISSN 1098-5352) is published monthly and available by subscription for Correction $45 per year by the Philadelphia Bar Association, 1101 In the June edition of the Market St., 11th fl., Philadelphia, Pa. 19107-2911. Periodicals postage paid at Philadelphia, Pa. POST- Philadelphia Bar Reporter, it was Tell Us What You Think! MASTER: Send address changes to Philadelphia Bar reported that DLA Piper Rudnick The Philadelphia Bar Reporter welcomes letters to the editors for publication. Reporter, c/o Philadelphia Bar Association, 1101 Market St., 11 fl., Philadelphia, Pa. 19107-2911. Gray Cary spent $13,000 in billable Letters should be typed. There is no word limit, but editors reserve the right to Telephone: (215) 238-6300. Association Web site: www.philadelphiabar.org. Newspaper e-mail address: hours on international pro bono condense for clarity, style and space considerations. Letters must be signed to [email protected]. The editorial and other views projects. DLA Piper Rudnick Gray verify authorship, but names will be withheld upon request. Letters may be expressed in the Philadelphia Bar Reporter are not necessarily those of the Association, its officers, or its Cary actually spent 13,000 billable mailed, faxed or e-mailed to: Jeff Lyons, Managing Editor, Philadelphia Bar Reporter, members. Advertising rates and information are avail- hours on that work. The Philadel- Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107- able from Howard Hyatt at Media Two, 22 W. Pennsylvania Ave, Suite 305, Towson, Md., 21204. phia Bar Reporter regrets the error. 2911. Phone: (215) 238-6345. Fax: (215) 238-1267. E-mail: [email protected]. Telephone: (410) 902-5797.

Visit the Philadelphia Bar on the Web at philadelphiabar.org • Look for Bar Reporter Online e-newsbrief every Monday and Thursday morning

BAR REPORTER / JULY 2006 3 smaller law firm,withnocriticalmass andmindfulness.Ina requires focus Beyond theLargeFirms”weretold. a Chancellor’sForum on“Diversity incoming diverse lawyers, attendeesof for structured mentoringprocess by JeffLyons Mentor New MinorityLawyers, SmallFirmsTold Chancellor’s Forum JULY 2006/BARREPORTER 4 “Success inthediversity arena Smaller law firmsneedtocreatea Chancellor’s Forum. attheJune 5 a keynotespeaker human resourcesatComcast.Lilliewas Charisse R.Lillie,vicepresidentfor clear andconstructive feedback,” said range ofassignmentsandarereceiving trained,arereceivingabroad properly including minoritylawyers, arebeing thatalllawyers,doubly important of diverse lawyers ormentors,itis At Home philadelphiabar.org. deliveredkeynoteremarks.ListentothepodcastofLillie’s commentsat Successes FromtheFrontLines.”Lillie(leftphoto) pictured isprogramco-plannerAndreL.Dennis.Thepaneldiscussed“CreatingaModelforProgress:DiversityChallengesand Chancellor-Elect JaneL.Dalton,MelissaM.Gomez,CharisseR.Lillie,andpanelistsRooseveltHairstonJr. andLouisRulli.No former ChancellorDeborahR.Willigand(standing,fromleft)programco-plannerPatriceA.Toland, ChancellorAlanM.Feldman, moderatorKarenJacksonVaughn, panelists CarlG.Cooper, JamesA.Pabarue, The programincluded(topphoto,seatedfromleft) ConferenceCenter. More than100peopleattendedtheJune5Chancellor’s Forum“DiversityBeyondtheLargeFirms”atCLE summer delivery! special pricingon featured homes – availablefor Ask about moderator KarenJacksonmoderator Vaughn and Successes From theFront Lines”with Progress: Diversity Challengesand for discussion “CreatingaModel Workplace.” The programclosedwitha Means toHave aDiversity-Friendly Continues: Understanding What It whodiscussed“The JourneyGomez, from trialconsultantMelissaM. DON’T TAX YOURSELF! homes withgaragesfromthemid$300’s on nextyearstaxes.You'll be! Freeyourselffromrent,buildequityandtakemoredeductions freedom ofalow-maintenancehome,PackerParkistheplaceto Between Philadelphia’s 10yeartaxabatementprogram*andthe Broker co-opswelcome. Capozzi RealEstate/Ins.LTD. 215.551.5100 westrum.com Airport. Rt. 76,I-95andPhiladelphiaInternational ofPattison.ConvenienttoCenterCity,20th StreetjustNorth Saturday&Sunday12-4.Locatedon Open Monday-Friday11-5; The event alsofeaturedremarks Decorated modelsnowopen! 2-3 bedroom/2.5 bath luxury town 2-3 bedroom/2.5bathluxury IN PACKER THE VILLASTHE AT PACKER PARK 215.389.9881 LOVE.LIFE.HERE. Lillie said.“Oneismakingcontactwith approaches fruit,” which could bear candidates? “There areacoupleof law firmsadequatelyrecruitdiverse Pabarue. Hairston Jr., LouisRulli andJames A. R.Willig, Roosevelt cellor Deborah panelists CarlG.Cooper, formerChan- condominiums fromthemid$300’s 2-3 bedroom/2fullbathonefloor How canthesmall-to-mediumsize 215.389.9870 PARK TM *See salespersonfordetails. continued onpage17 Copyright 2006 t Photos by Jeff Lyons Panel: Politicians Must Follow Ethics Guidelines by Brett Schaeffer “The tradition in America is, as you know, not to have an U.S. Sen. Arlen Specter, U.S. invasion of privacy, a wiretap, Attorney Patrick Meehan and unless there is a court order.” Philadelphia City Councilman Renowned human-rights Michael Nutter tackled vari- attorney and former ABA ous topics, from Washington President Jerome A. Shestack lobbyists and federal wiretap- asked Sen. Specter if he would ping to local ethics law and consider going into court to the power of the polls, at the resolve the question of Young Lawyers Division’s whether wiretapping needs “Ethics in Government and court approval. Politics” panel discussion on “Yes, I would,” said Sen. June 9. Specter. YLD Chair Michael B. Hay- Meehan reminded the

es and YLD Executive Com- Photo by Jeff Lyons audience that the ultimate mittee member Jocelyn Gab- U.S. Sen. Arlen Specter (from left), U.S. Attorney Patrick Meehan and Philadelphia City Councilman Michael power to stop ethical viola- rynowitz moderated the dis- Nutter ponder a question at the YLD discussion on ethics in politics and government on June 9. tions in government lies with cussion, which was part of the can say there has to be an anybody, especially from solve a problem. It sets out a the public. “The real check YLD’s 2020 lunchtime seminar iron wall between that person those who are to appear be- path, it sets out the rules, against the excess is in the series for young lawyers. and the member who has to fore them seeking govern- which, hopefully, everyone voting booth,” he said. Sen. Specter began by tak- make the decision.” mental action,” he said. “There will follow,” he said. Picking up on that theme, ing a dim view on recent lob- He was later asked wheth- are very tight rules.” Sen. Specter also discussed all three panelists urged the bying scandals in Washington. er lobbyist-funded perks for On occasion, however, the the ethical – and legal – de- audience members, primarily “The key point is…that there elected officials, such as golf rules need to be reinforced, bate over the federal govern- young attorneys, to stay is no conflict of interest,” he trips to Scotland and ringside said Nutter, citing the new ment’s surveillance program, engaged in civic affairs. said. “We have spouses who seats at boxing matches, were City Council ethics rules ap- which, under executive privi- “You ought to try to run are in lobbying, we have rela- isolated incidents or indica- proved by Philadelphia voters lege, currently allows for for office,” said Sen. Specter. tives who are in lobbying. You tive of a larger-scale ethics last fall. Still, said Nutter, wiretapping without court “Try to run for state House – can’t say that because you’re a problem in Washington. passing ethics legislation is approval. try to run for [City] Council,” member of the House or “They are widespread and simply the first step. “There are very heavy ethi- he said, and then after a brief Senate your family can’t par- they are highly suspect. Mem- “Just because we pass a bill cal problems involved in pause, added: “Don’t try to ticipate in [lobbying], but you bers are not to take gifts from doesn’t always necessarily what is going on,” he said. run for Senate.”

BAR REPORTER / JULY 2006 5 Reception to Recognize Foundation Donors by Alexander Kerr Advocates of Justice Laura A. Feldman On Sept. 20, the Philadelphia Bar BAR FOUNDATION These loyal supporters have made a com- Nancy H. Fullam Foundation will hold its first “Recog- mitment to the Bar Foundation Allan H. Gordon ners in firms of all sizes. They have nition Reception” to honor those who to donate $25,000 over three years. Martin Greitzer made a conscious decision that being a believe that we have an obligation to Anonymous Donor Judith E. Harris lawyer is more than a way to earn a improve access to justice for all Phila- Judge Arlin M. Adams Judge Bruce W. Kauffman living. delphians. Laurance E. Baccini Robert D. Lane Jr. This Recognition Reception is a long It was first talked about when Jerry Harris T. Bock Gerald A. McHugh Jr. overdue recognition of not only the McHugh was president of your Bar Edward F. Chacker Leslie A. Miller financial commitment of these individ- Foundation. He created the Advocates Andrew A. Chirls Robert J. Mongeluzzi uals, but their belief that all citizens for Justice (the group of supporters Robert J. Coleman Jonathan Ostroff should be represented in court not- who pledged to give the Bar Founda- Robert C. Daniels Arthur G. Raynes withstanding their ability to hire a tion endowment $25,000 over three Francis P. Devine III Abraham C. Reich lawyer. After all, if the rule of law that years). Jerry became its first member. Alan M. Feldman Audrey C. Talley The Advocates of Justice were not we espouse is not for all, then it really does not exist for any of us. the only ones making a financial com- who was going to care for her children, Syndrome. He couldn’t get access to Luckily, if we had to face a life-or- mitment to the Foundation. There are because she only had a few weeks to the classes and education he needed. death legal situation, we’d be able to also the Andrew Hamilton Circle mem- live without treatment. One of the In addition to his frustrations in learn- gather the resources to help us have bers. Hamilton Circle members make a groups we support provided an attor- ing, he was taunted and ridiculed at our day in court. Who do your dollars donation of $10,000, payable over 10 ney who successfully argued for her school. He was so despondent, he was help? Mary was a working mother. Her years. right to the medical treatments. Today considering suicide until his parents doctors discovered she had cancer. Who are these people? Look for Mary is working, raising her children, enlisted the help of a pro bono attor- Mary’s insurance company wouldn’t yourself. Their names are listed on this watching them mature and enter the ney to ensure he got the proper care. pay for the treatment. Mary’s doctors page. They are all men and women of workforce. Michael is doing very well now, thanks told her to begin making arrangements all ages and races and backgrounds. Or consider Michael, a special- to the help of a public interest lawyer for her funeral and making plans for They are sole practitioners, and part- needs student who has Tourette’s continued on page 23

Andrew Hamilton Circle Karl A. Fritton Alexander Kerr Michael P. O’Connor Richard M. Shusterman Louis W. Fryman Paul S. Kimbol Patrick J. O’Connor Judge Alan K. Silberstein Nancy H. Fullam Patrick W. Kittredge Carl Oxholm, III Robert J. Simmons Below is a list of the individuals who have made a commit- Joseph W. Fullem Jr. Justin P. Klein Roberta D. Pichini Joel Harvey Slomsky ment to the Philadelphia Bar Foundation Hamilton Circle to Richard F. Furia Thomas R. Kline Bennett G. Picker Marc J. Sonnenfeld donate $10,000 over 10 years. Arthur S. Gabinet Eve Biskind Klothen David H. Pittinsky Shanin Specter Kenneth E. Aaron Matthew J. Comisky Judge Abraham J. Gafni Harold E. Kohn* Mary F. Platt Larry H. Spector Thomas A. Allen Douglas P. Coopersmith Rudolph Garcia Joseph C. Kohn Manny D. Pokotilow Gerald W. Spivack Daniel-Paul Alva Stephen A. Cozen Andrew G. Gay Herbert F. Kolsby Samuel H. Pond Julius M. Steiner Catherine Apothaker Harold Cramer Nancy J. Gellman Ronald A. Kovler A. Michael Pratt Joan N. Stern Robert L. Archie Jr. Joseph C. Crawford Robert C. Gerlach Martin M. Krimsky Andrew S. Price Frederick Strober Mitchell L. Bach Anthony B. Creamer III Alexander Giacobetti Susanna E. Lachs Carl S. Primavera Joseph A. Sullivan Alexis Leslie Barbieri Jane Leslie Dalton Amy B. Ginensky Sayde J. Ladov David B. Pudlin John S. Summers Michael F. Barrett Doreen S. Davis David F. Girard-diCarlo Robert D. Lane, Jr. Helen P. Pudlin Dennis R. Suplee Lawrence J. Beaser Thomas A. Decker Howard Gittis Dale G. Larrimore Arthur G. Raynes David T. Sykes Hon. Harold Berger Carl H. Delacato Jr. Norman M. Goldberger Judge Anne E. Lazarus Abraham C. Reich Audrey C. Talley Judy F. Berkman Andre L. Dennis Joel S. Goldhammer Jerry M. Lehocky Stephanie Resnick Mark W. Tanner Leonard A. Bernstein Francis P. Devine, III Richard M. Golomb Thomas A. Leonard Joseph F. Ricchiuti Philip B. Toran Marshall A. Bernstein Harry T. Devine* Herbert F. Goodrich Jr. William L. Leonard Elaine M. Rinaldi Michael J. Trudgeon Gabriel L.I. Bevilacqua John M. Dodig Allan H. Gordon Jeffrey R. Lerman Christopher W. Ritchie Paul A. Tufano Pete Bewley Kimberly M. Dolan Michael M. Goss Charisse R. Lillie F. Philip Robin David Unkovic Allen D. Black Diana S. Donaldson Richard D. Greenfield S. Gerald Litvin Andrew R. Rogoff Joseph F. Van Horn Jr. Harris T. Bock Joseph M. Donley Dianne M. Greitzer* Edward W. Madeira Jr. Richard M. Rosenbleeth Scott L. Vernick Thomas R. Bond James J. Donohue Martin Greitzer Stephen A. Madva Lee Rosenfeld J. Scott Victor Stephen C. Braverman Albert Dragon Deborah R. Gross Gregory T. Magarity Kenneth M. Rothweiler Joseph C. Vignola Marc G. Brecher Jay A. Dubow Jeffrey S. Gross Fred T. Magaziner Michael J. Rotko Robert P. Vogel Ralph W. Brenner James W. Durham Clifford E. Haines David H. Marion Robert A. Rovner Jonathan C. Waller Martin K. Brigham Stewart J. Eisenberg Judge William F. Hall Jr.* Jerome E. Marks Thomas B. Rutter Frederick M. Walton Jr. Doris DelTosto Brogan Dianne B. Elderkin William T. Hangley James M. Marsh Patrick T. Ryan* Norman J. Weinstein Thomas A. Brophy Neil G. Epstein Stephen J. Harmelin George Martin Shawn V. Sauls Sol H. Weiss Carter R. Buller Carl B. Everett Judith E. Harris Gerald A. McHugh Jr. Stuart H. Savett Ralph G. Wellington Theodore J. Caldwell Jr. Christopher C. Fallon Jr. Gregory M. Harvey Michael P. McKenna Howard D. Scher Jonathan Wheeler Thomas Colas Carroll* Thomas M. Federman Peter Hearn Leslie Anne Miller Charles J. Schleifer William A. Whiteside Jr. Timothy J. Carson Alan M. Feldman Robert C. Heim Peter S. Miller Pam H. Schneider Steven G. Wigrizer Brian S. Chacker H. Thomas Felix II Joseph H. Hennessy* Neil I. Mittin Barry F. Schwartz Amy E. Wilkinson Edward F. Chacker Arlene Fickler C. Clark Hodgson Jr. Albert Momjian Bernard G. Segal* Deborah R. Willig Hon. Ida K. Chen Stuart D. Fiel* David N. Hofstein Robert J. Mongeluzzi Daniel Segal Nancy J. Winkler Nicholas E. Chimicles Ann T. Field Thomas More Holland H. Laddie Montague Jr. Richard S. Seidel Ezra Wohlgelernter Andrew A. Chirls Jack L. Foltz Ruben Honik James F. Mundy Kenneth Shear Ronald L. Wolf David L. Cohen Don P. Foster Mayer Horwitz Benjamin R. Neilson Carol Nelson Shepherd Stanley R. Wolfe Lenard A. Cohen Joseph H. Foster George W. Howard III Mary Ellen Nepps Madeline M. Sherry Charles R. Wright Stewart L. Cohen Lawrence J. Fox Carol G. Huff Arthur Newbold Jerome J. Shestack Arlene M. Yocum Robert J. Coleman John W. Frazier IV Joseph H. Jacovini Francis P. Newell David S. Shrager Joanne E. Zack Marvin Comisky Hope S. Freiwald Matthew H. Kamens Robert A. Newman Morris M. Shuster * - deceased

6 JULY 2006 / BAR REPORTER Professional Responsibility Committee Life-Saving Pro Bono Case Getting Hollywood Treatment by Jeff Lyons to take on a pro bono capital case. Francis Milone, who at the time was It’s a story right out of Hollywood. a young partner at Morgan Lewis (he is A man is convicted of a murder he now chair of the firm), put Cooney and didn’t commit and sentenced to death. Banks and two other associates in Two-well meaning attorneys without touch with a law professor in New any experience in criminal law come to Orleans who sent them the file on the the condemned’s aid. And they suc- John Thompson case. ceed. Banks said the firm has always Except this really happened to J. treated pro bono work as billable Gordon Cooney Jr. and Michael Banks hours. “We’ve always wanted to of Morgan, Lewis & Bockius LLP. And encourage our young lawyers that the story of their fight for their client, they’d get credit for their pro bono John Thompson, is being turned into a work and not be penalized,” he said. major motion picture. Cooney and “We went to partners and mentors for Banks told their story to members of advice about the case and we were the Professional Responsibility told ‘if you have a passion for it and Committee on May 31. want to do it, then do it.’ ’’

The saga began in 1985 when Banks said when they first reviewed Photo by Jeff Lyons Thompson was convicted for the mur- the file, there was nothing to indicate Michael Banks (right) and J. Gordon Cooney Jr. talk about their 18-year fight to get an inno- der of New Orleans businessman Ray that Thompson was innocent. “When cent man off death row in Louisiana at the May 31 meeting of the Professional Responsibility Liuzza. One month before the murder we decided to take this case it wasn’t Committee. conviction, Thompson was found about a cause or a legal issue or a Court for the Parish of Orleans, Cooney and Banks discovered a host of guilty in an attempted carjacking, championing against the death penalty. Louisiana Supreme Court, U.S. District problems with the prosecution’s case. another crime he was later cleared of. It was about a man’s life. This was Court for the Eastern District of Black jurors had been excluded from Cooney and Banks got involved in about an innocent man who had been Louisiana, U.S. Court of Appeals for the the original panel, evidence had been the case in 1988 when the then sentenced to death.” Fifth Circuit and the U.S. Supreme concealed, witnesses had not testified Morgan, Lewis and Bockius LLP associ- Cooney and Banks spent a decade Court – working to free their client. and there was unconstitutional jury ates approached firm leaders, looking in various courts – Criminal District During the course of their appeals, continued on page 18

Well done is better than well said.

BENJAMIN FRANKLIN

AN AMERICAN BRASSERIE

Park Hyatt Philadelphia at the Bellevue. 19th Floor. Broad and Walnut Streets. Philadelphia. Pennsylvania 19102

TELEPHONE 215.790.1919 FACSIMILE 215.732.8518 parkhyattphiladelphia.com

BAR REPORTER / JULY 2006 7 15th Anniversary of the Public Interest Section CLS Attorney Honored Outreach Committee Works to Engage Law Students

By Sara Woods members who address the legal needs and rights of the poor, minorities, vic- As I’m sure most lawyers do, I look tims of abuse, persons with disabilities, back on my law school days with both the homeless and other disadvantaged fear and pleasure. Fear of exams, of populations. not finding a job, of looking like an As a committee of the Public Inter- idiot when called on in class…ah, the est Section, the LSOC provides educa- good old days. tional programs, pro bono opportuni- But more often than not, I am re- ties and networking events for law stu- minded of the pleasure of meeting ter- dents and lawyers interested in public rific classmates who remain friends, of service. The members of the committee working with professors whom I still are primarily pro bono administrators revere, and of discovering a career that and public service career counselors at brings me great satisfaction. Fortunat- Philadelphia area law schools. The goal Sharon Dietrich (center) of Community Legal Services is presented with the ely, I am reminded of these experiences of the LSOC is to encourage future law- Pennsylvania Bar Association Legal Services to the Public Committee Civil Legal Aid on a daily basis, as I now work at my yers to consider public service as a ca- Attorney of the Year Award at the June 6 Delivery of Legal Services Committee meet- law school alma mater, Villanova, reer choice or a necessary part of any ing. David Trevaskis (left) of the Pennsylvania Bar Association made the presentation where I provide public service career private practice in Philadelphia. and was joined by CLS Executive Director Catherine C. Carr. counseling and coordinate the pro This summer, the LSOC is offering bono programs. weekly Public Interest Brown Bag It is also my privilege to serve the Lunch Series. Every Friday, from noon CLS Acknowledges Supporters current (and future) members of the to 1:30 p.m. at the Bar Association, Philadelphia Bar Association as the summer law interns are invited to at- chair of the Law School Outreach Com- tend free informational sessions featur- of 2006 Annual Bar Campaign mittee. The LSOC is a committee of the ing public interest organizations in the Public Interest Section, which is cele- greater Philadelphia area. The pro- Community Legal Services’ 2006 Bar ald A. McHugh Jr., Beatrice O’Donnell, brating its 15th anniversary this year. grams are a terrific way to learn about Campaign is off to a roaring start, rais- Wendell Pritchett, (CLS Board Chair), The Public Interest Section is charged different types of public interest prac- ing almost $305,000 from law firms and Barbara T. Sicalides, Joseph A. Sullivan, with promoting the interests of the individuals. CLS believes that the “Rais- Dennis R. Suplee, Christopher Walters continued on page 21 ing the Bar Campaign” has made a sig- and Joanne Zack. nificant difference in its fund-raising Community Legal Services gratefully efforts. Two firms have pledged the acknowledges Breakfast Of Champions Commuters save when they ride with lead gift of $35,000, Ballard, Spahr, An- supporters of the 2006 Annual Bar drews & Ingersoll, and Pepper Hamil- Campaign: Delaware Valley ton LLP. • Anapol, Schwartz, Weiss, Cohan, ® By the end of the campaign in Sept- Feldman & Smalley, PC ember, CLS is confident that it will • Ballard Spahr Andrews & Ingersoll, reach its 2006 goal of $350,000. If your LLP firm is not on the list, we urge you to • Chimicles & Tikellis LLP contact CLS at (215) 981-3760 to make a • Cohen, Fluhr & Gonzalez, PC pledge. • Conrad O’Brien Gellman & Rohn, PC Each year, CLS reaches out to the • Cozen O’Connor Reward your employees — and your Philadelphia legal community to share • Dashevsky, Horwitz, DiSandro, Kuhn its mission — to help low-income Phila- & Novello, PC company — with real savings. delphia residents obtain equal access to • Dechert LLP justice by providing them with advice • Donovan Searles, LLC In these times when retirement plan balances are down and health care costs are and representation in civil legal mat- • Drinker Biddle & Reath LLP up, your employees may be feeling the pinch. That’s where Delaware Valley ters, advocating for their legal rights, • Duane Morris LLP TransitChek can help. and conducting community education • Duca & Prim LLP It’s a simple, tax-break benefit that can pay for itself. about many legal issues - and to re- • Eckert Seamans Cherin & Mellott, LLC The entire cost of TransitChek is tax-deductible for employers. Your company can quest the support of individual lawyers • Edelson & Associates, LLC also save on matching FICA taxes. Since it costs so little, it can quickly pay for and law firms to make the CLS mission • Eisenberg, Rothweiler, Schleifer, itself. Participating employees who use public transit save on income taxes, so you a reality. Weinstein & Winkler, P.C. both come out ahead. CLS is proud to have a committed • Feldman & Feldman Show your employees you care with Delaware Leadership Council; each member of • Feldman, Shepherd, Wohlgelernter & Valley TransitChek. the Council works assiduously to share Tanner It’s the only locally run, non-profit TransitChek information about the mission and • Fox Rothschild LLP program specifically for commuters who live accomplishments of CLS and acquire • Francis & Mailman, PC and work in the Delaware Valley. the support of the community. Com- • Gay Chacker & Mittin mittee members in 2006 are: • German, Gallagher & Murtagh Visit www.gettransitchek.org Leslie Anne Miller, (co-chair), Joseph • Goldbeck, McCafferty & McKeever or call 215-592-1800. A. Tate, (co-chair), Michael J. Boni, Ed- • Haines & Associates ward F. Chacker, Andrew A. Chirls, Jo- • Hangley Aronchick Segal & Pudlin seph J. Costello, Michael D. Epstein, Al- • Hoyle, Fickler, Herschel & Mathes LLP an M. Feldman, Lawrence J. Fox, Nancy • Kairys, Rudovsky, Epstein, & Messing

J. Gellman, William T. Hangley, Alex- • Kittredge, Donley, Elson, Fullem & SEPTA / DART First State / NJ TRANSIT / PATCO / Amtrak / CAT / VPSI Commuter Vanpools / Vanpool of New Jersey ander Kerr, Roberta D. Liebenberg, Ger- continued on page 17

8 JULY 2006 / BAR REPORTER Minorities in the Profession Committee Minorities Face Bias in Judicial Races, Panel Says by Heather J. Holloway

A panel gathered to debate the impact of judicial selection on minority lawyers agreed that the current system is broken. Part of the problem is ad- vantages to candidates with a higher poll position or those with recogniz- able names and funding disparities (where candidates need to raise up to $200,000). All agreed the current bench is not representative of the Philadel- phia community. Panelists for the May 25 program presented by the Minorities in the Pro- fession Committee included attorneys Michael Cord, Christopher Barrett Sheridan, Allison Anderson Acevedo Photo by Jeff Lyons and Lynn Marks, as well as state Rep. Minorities in the Profession Committee Co-Chair Shawane L. Lee (from left) is joined by panelists state Sen. Anthony Williams, Lynn A. Thomas Blackwell and state Sen. An- Marks, state Rep. Thomas Blackwell, Allison Anderson Acevedo, Christopher Barrett Sheridan and Michael Cord at the May 25 program. thony Williams. New Jersey merit selection system. She Williams noted that judicial candi- voters are a combined majority and Cord identified merit selection as said merit selection will result in disen- dates should be good lawyers not good should represent a majority on the bal- Plan “B,” instead favoring minimum franchisement and said there is no evi- politicians. He said the current system lot, he said. The majority of people requirements for candidates such as a dence that it will produce diverse, does not allow for a thorough review elected in the last election, however, predetermined numbers of trials, ap- qualified candidates in a manner that of a candidate’s credentials and pro- are not people of color. The lack of peals, etc. He said that imposing mini- minimizes political influence. Instead, duces some unqualified judges. diversity results in a bench that often mum requirements for candidates will Acevedo proposed limiting Municipal Educating the public before an election does not understand the people they result in a more qualified pool of can- and Common Pleas Court candidates to is not the issue, as $2 million was spent judge, he added. didates without taking away the power those who have practiced five and 10 in the last election to educate voters of the vote. His proposed qualifications years, respectively; campaign finance and still only 10 percent voted. Heather J. Holloway, an associate at Rawle & are currently unconstitutional, howev- Henderson, LLP, is an associate editor of the Philadelphia reform; non-partisan judicial elections; African-American, Latino and Asian Bar Reporter. er, and merit selection is the next alter- board review of educational qualifica- native. tions and a massive campaign to edu- Sheridan expanded on the list of cate the community about candidates; existing problems, noting a lack of in- and rotating ballot positions through- formation available to the public about out the city’s polling locations. judicial candidates. He added that peo- Blackwell identified merit selection ple in more affluent communities tend as a good first step but also noted that to turn out to vote in higher numbers once passed, modification will be diffi- and, therefore, the 8 to 10 percent who cult. He said merit selection is a politi- vote in judicial elections are not repre- cal system that turns over the right to sentative of the community. vote to a small committee. Noting the Acevedo compared the bench in lack of minority appointments by the Philadelphia (just 8 percent of judges current governor, he questioned how a are minorities) to the 11 percent committee with several members minority bench that exists under the appointed by the governor would promote diversity. He also questioned the three Merit Selection Committee seats Bike-a-Thon that will be held by the Bar Association, noting that the Association’s Judicial Selection and Set for July 9 Retention Committee classifies a candi- The Association’s Bike-a-Thon team date as unqualified for failure to is looking for riders for this year’s respond to questions of a personal event, scheduled for Sunday, July 9. nature. The ride begins at 7 a.m. at the Ben Marks, executive director of Franklin Bridge in Philadelphia and Pennsylvanians for Modern Courts, stretches 62.5 miles to Lenape Park in distinguished judges, who decide issues Mays Landing, N.J. There are also start- on a case-by-case basis, from other ing points at Cherry Hill High School elected officials who run on a platform. East on Kresson Road in Cherry Hill, She said the current system cannot be N.J. and Mazzas Furniture on 12th improved with mere tinkering. Marks Street in Hammonton, N.J. said merit selection represents a hybrid The ACS Bike-a-Thon Expo is set for of the federal appointment system and Friday, July 8 at Dave & Busters on the state, party-line election system Columbus Boulevard. and will get judges out of the fund- For more information, contact raising business, eliminate the ran- Jeffrey Abramowitz at (215) 568-4980 or domness of poll positions and financial visit www.acsbike.org. resources and promote diversity.

BAR REPORTER / JULY 2006 9 YLD Awards 5 Minority Scholarships YLD UPDATE by Michael B. Hayes Scholarship Selection Committee is an Committee selected the following truly extraordinary individual with a terrific outstanding individuals to receive the In February, the Young Lawyers future in our chosen profession. We $500 scholarships. Division Executive Committee appro- will be working hard in the coming Norman Christopher Griffiths, ved an internal resolution establishing months to see that all of the candidates Villanova University School of Law; the YLD Minority Bar Association are given a proper introduction to the Tejal Mehta, Villanova University Scholarship program. Through the pro- YLD and are afforded every opportuni- School of Law; Jennie Phillip, Widener gram, we hope to foster greater invol- ty to get involved in our various pro- University School of Law; Nicole vement in the YLD amongst minority grams, events and leadership. Elizabeth Ramos, Temple University law students and young lawyers, and The Committee was asked to deter- Beasley School of Law; and Avia to develop stronger connections with mine scholarship recipients based on Trower, University of Pennsylvania Law Association Scholarship candidates. the many active minority bar associa- academic achievement; demonstrated School. They have shown outstanding academ- tions in the city. commitment to community service and Given the constraints of this publi- ic credentials, truly extraordinary com- The establishment of the YLD involvement; financial need; and career cation, I could not even begin to do mitment to community service and the Minority Bar Association Scholarship aspirations and goals. After much justice to the tremendous accomplish- program was a proud moment for sev- thought and deliberation, the ments of all of our YLD Minority Bar continued on page 11 eral of the more senior members of our Executive Committee, including yours truly. It represents the culmination of a year-long effort to reach a consensus on the contours and criteria of the scholarship program, the means by which the YLD would solicit scholarship candidates, and the interplay between the YLD and participating minority bar associations. Among other provisions, the internal resolution creating the YLD Minority Bar Association Scholarship program provides that the YLD “will annually fund and grant a maximum of five YLD Minority Bar Association Scholarships of no less than $500 each to selected minority law students who desire to practice law in Philadelphia following graduation.” Minority bar associations with active membership in the Philadelphia area are invited to present up to three candidates for YLD Minority Bar Association Scholarships to the YLD Scholarship Selection Committee (com- prised of volunteer members of the Executive Committee). In this, the inaugural year of the program, five local minority bar associations presented a total of 12 candidates for consid- CALLINGCALLING ALLALL eration to the YLD Scholarship Selection Committee. I am very happy to report that the Committee has selected five scholar- ASSOCIATES!!!ASSOCIATES!!! ship recipients, representing the Asian American Bar Association of the Delaware Valley, the Barrister’s Association of Philadelphia, the Hispanic Bar Association of Pennsylvania, the South Asian Bar Association of Philadelphia, and the National Bar Association, Women Lawyers Division, Philadelphia Chapter, to receive the first-ever YLD Minority Bar Association Scholarships. We offer our heartfelt thanks and appreciation to the leadership of each of the participating minority bar associations for helping to make this first year of the YLD Minority Bar Association Scholarship program a success. Without a doubt, each of the 12 candidates whose personal essays and resumes were submitted to the YLD

10 JULY 2006 / BAR REPORTER Spotlight on Philadelphiabar.org Law Practice Management Help Just a Click Away by Mark A. Tarasiewicz Law school taught you to write a gram in an effort to help you with these keeping or developing your Web site, brief, to prepare your opening and clos- and many more possible challenges. the Philadelphia Bar Association has the Did you know that the Association’s ing statements, and to do the day-today Whether you are just starting your specialists to assist you! Web site, philadelphiabar.org, is the best things needed to work on behalf of your own firm or trying to grow your estab- Talk to the Bar’s LPM program coun- place to go for the latest updates on ser- clients. But are you prepared to handle lished practice, the LPM Program is selor and receive a referral to one of our vices available with the Bar’s new Law personnel problems, select office equip- available to help. The program features experts. The LPM program includes a Practice Management Program? Just visit ment or make general business deci- a bank of experts on call to counsel Bar free one-hour consultation. If you opt philadelphiabar.org/page/ sions that could make your practice Association members with both innova- for subsequent services with the same LawPracticeManagement. more profitable? tive and practical information on topics consultant, you may negotiate an You’ll see an updated list of consul- Under the leadership of Chancellor including marketing, management, tech- arrangement with that individual. tant categories, and details on how to Alan M. Feldman, the Association creat- nology and finances. Call the LPM Hotline at 215-238-6314 receive a free one-hour consultation. ed the Law Practice Management Pro- If you need help with staffing, book- today!

YLD UPDATE FRONTLINE turn, would verify participation and the form of supervised practice and hours of work in periodic reports skills development. continued from page 10 continued from page 3 to the CLE board. Do we have proof that this pilot pursuit of equal access to justice for all and de- would permit lawyers to earn up to As detailed in the report, avail- project would succeed? No. Do we monstrated leadership in student and legal service 3 of the 12 annual credits required able at philadelphiabar.org, the have guarantees that the program organizations. To say that the Selection Committee by doing pro bono, with a ratio of Task Force concluded that this is an would lead to a massive increase in was impressed would be a drastic understatement. six hours of pro bono legal services important and worthy pilot project. pro bono? No. Do we have reason To all 12 of the outstanding candidates in the first- for each CLE credit. The program It would help address the vast un- to believe the potential exists for ever YLD Minority Bar Association Scholarship pro- would be highly structured, but met need for legal services and re- helping to meet an urgent need, grams, congratulations. You, and those close to you, simple, with the CLE board granti- duce pressure on overtaxed court and expanding the institutional should be very, very proud of your accomplish- ng approval to public interest law systems, encourage lawyers who commitment of the private bar to ments, and we anticipate more great things as you centers to serve as “providers,” and have never performed pro bono to pro bono? Absolutely. If adopted by enter the profession and begin the practice of law. requiring volunteers to complete a fulfill their professional duty and the Supreme Court and the CLE If you would like to know more about the YLD simple one-page “affirmation” with further encourage pro bono veter- Board, we will have three years to Minority Bar Association Scholarship program or case-identifying data and a short ans to do more and recruit others. show what we can do. would like to get involved, please do not hesitate description of work done and We also concluded that a well- to contact me at (215) 772-7211. hours dedicated to be returned to structured program could augment Joseph A. Sullivan, special counsel and director of pro bono programs at Pepper Hamilton LLP, is co- Michael B. Hayes, an associate at Montgomery, McCracken, Walker & the provider at the appropriate the already-thorough CLE pro- chair of the Association’s Delivery of Legal Services Rhoads, LLP, is chair of the Young Lawyers Division. time. The law center provider, in grams available with education in Committee.

Commercial Damages and Forensic Advisory Experts

A National Leader in providing expert advisory services, CBIZ experts have worked for counsel representing small and large companies globally.

Philadelphia 215.599.1881 Plymouth Meeting 610.862.2737 We’ll find the answers… Damage Analysis • Forensic Investigations • Expert Testimony

BAR REPORTER / JULY 2006 11 Committee Spotlight: Solo and Small Firm Advice, Networking Keys to Success for Solos by Jeff Lyons talked about employment issues. as you, and you can network and share Management Division. The Mid-Size An upcoming committee program ideas on how to develop solutions.” and Large Firm Management Even though its members largely will focus on getting paid. “We want Prim said the Association’s new Committees also will be part of the work by themselves, the Solo and people to appreciate the difficulty that online Discussion Forums will be a new division. Dimmerman and Prim Small Firm Committee has found that people have in dealing with this issue. huge benefit to solo and small firm are hopeful that the experiences of there’s strength in numbers. Billing is difficult, but getting paid is attorneys. attorneys from larger firms will be “We want to give smaller firms and even harder. It doesn’t have to be “The forums were made for solos. If helpful to the solo and small firm prac- solo practitioners the resources they something you look at with fear. We’re you have a question, all you have to titioners. need to be as successful as they can,” going to show the methodology to fol- do is post it online and you can have “When you’re a smaller firm or a said Harper Dimmerman, who along low up with clients to make sure you an answer right away,” he said. solo, you need any advantage you can with Joseph A. Prim has co-chaired the get paid,” Prim said. The Solo and Small Firm Committee get to survive and succeed. Everything committee since 2005. The committee just held a very suc- will become a committee of the I’ve learned from the committee has “We help solos and small firm attor- cessful networking event, where nearly Association’s new Law Practice helped me,” Dimmerman said. neys by sharing information, tech- 50 people gathered at PNC Bank on niques and networking,” said Prim. Market Street. Dimmerman said atten- The committee frequently brings in dees mingled, exchanged business guest speakers to talk with members cards and talked about their practices. about their fields of expertise. So far “The biggest benefit you can get this year, the committee heard from from the Solo and Small Firm Storm Evans, a law practice support Committee is knowing that there are DECOLA consultant; Dan Giancaterino, the other people out there with same Internet librarian at Jenkins Law Lib- problems and circumstances as you,” DETECTIVES INC. rary, who talked about Internet search- Prim said. “You can exchange ideas and CONFIDENTIAL PRIVATE INVESTIGATIONS es; Ellen Friedman of the Pennsylvania solutions to make the practice of law WHAT DO WE PUT IN OUR SURVEILLANCE VANS? Bar Association, who discussed man- easier for you. You meet people with agement issues; and Board of Govern- other specialties that may have the • High 8mm video cameras with infrared night vision * • 35 mm cameras ors Vice Chair Deborah Weinstein, who same practice management problems Licensed Bonded & Insured • Telephoto lenses Since 1983 • 900 mhz camera, receiver & monitor (These mini video cameras will fit in a pack of cigarettes and can go anywhere!) * Board Certified • 12 volt deep cell marine battery to power equipment Criminal Defense • Laptop computer with GPS tracking system Investigators and map program (We never get lost!) • Cellular telephone and pager * • Porta-Potty, 12 volt A/C unit, & window Offices in PA & N.J. blackout curtains Discussion Forums • And the best investigators in the industry! Main Office: (800) 466-7568 D.D.& Fax: (610) 987-9027 School: (877) PI SCHOOL Web Site: www.decolapi.com new topic School: www.lioninvestigationacademy.com $77251(<',6&,3/,1$5<(7+,&60$77(56

post reply

0ENNSYLVANIAAND.EW*ERSEYMATTERSz.OCHARGEFORINITIALCONSULTATION

Post and reply to practice-related 2EPRESENTATION CONSULTATIONANDEXPERTTESTIMONYINMATTERS questions for your colleagues today! INVOLVINGETHICALISSUESANDTHE2ULESOF0ROFESSIONAL#ONDUCT A free service now available at philadelphiabar.org -DPHV&6FKZDUW]PDQ(VT 0DUNHW6WUHHWWK)ORRU3KLODGHOSKLD3$

&ORMER#HAIRMAN $ISCIPLINARY"OARDOFTHE3UPREME#OURTOF0ENNSYLVANIAz &ORMER&EDERAL0ROSECUTOR &ORMER#HAIRMAN #ONTINUING,EGAL%DUCATION"OARDOFTHE3UPREME#OURTOF0ENNSYLVANIA

12 JULY 2006 / BAR REPORTER SPECIAL PULLOUT GUIDE TO THE YEAR’S BIGGEST EVENT!

PHILADELPHIA BAR ASSOCIATION 2006 BENCH-BAR CONFERENCE ATLANTIC CITY, SEPT. 29 - 30

The Philadelphia Bar Association Gratefully Acknowledges the Generous Support of the Official Sponsors of the 2006 Bench-Bar Conference

Laura A. Feldman and Ronald A. Kovler are co-chairs of the 2006 Bench-Bar Conference. Join Colleagues on Boardwalk for Bench-Bar Dear Colleagues,

Please join us at the Philadelphia Bar Association’s Bench-Bar Conference on Friday and Saturday, Sept. 29 and 30, at the Tropicana Hotel and Resort on the Boardwalk in Atlantic City. The renewal of the Bench-Bar Conference was a tremendous success. Now, this annual conference is once again a mainstay of our program calendar. The return of the Bench-Bar Conference to the Boardwalk and the continuing dia- logue between our lawyers and the judiciary is attracting much interest, and we expect a large turnout for our plenary sessions, workshops and social events. This will be a conference for the entire profession: for every segment, every age group, every discipline and every law firm or legal department. Its continuing legal education component alone offers a choice of 17 different courses and up to 7 credit hours. We have included the participation of many sections and committees and will feature many prominent judges and lawyers as speakers and panelists. Don’t miss this opportunity to refresh and renew your sense of professionalism, meet new friends, become better acquainted with the judiciary and enjoy all the amenities of one of the region’s finest hotel/spa destinations. Looking forward to seeing you in September.

Sincerely, Laura A. Feldman Ronald A. Kovler 2006 Bench-Bar Conference Co-Chairs

BAR REPORTER / JULY 2006 13 PHILADELPHIA BAR ASSOCIATION 20062006 BENCH-BAR CONFERENCE 20062006

Up to 7 CLE Credits Available at Bench-Bar by Jeff Lyons a program on media and the law. within the bounds of the Rules of Judge Frederica A. Massiah-Jackson, Attendees will learn how to develop Professional Conduct. Panelists include former Chancellor Abraham C. Reich, The Association’s 2006 Bench-Bar good relationships with the media Philadelphia Court of Common Pleas continued on page 16 Conference offers a weekend of top- quality programs and camaraderie, with as many as seven CLE credits available to attendees at the Atlantic Register online at philadelphiabar.org City event. The theme of the 2006 Bench-Bar Conference is a salute to the movies. “The Greatest Show on Earth” will be held at The Tropicana Resort and Casino, the site of the successful 2005 2006 Bench-Bar Conference Registration Form event. Attendees have 17 different pro- Sept. 29 - 30, 2006 - The Tropicana, Atlantic City, NJ grams to choose from, offering up to 7 CLE credits. (Please Note: Judges will receive separate conference materials) The Bench-Bar Conference brings together the Philadelphia legal com- Each attendee must fill out a registration form in its entirety (non-attorney guests may be included on the form). Make munity for continuing legal education checks payable to Philadelphia Bar Association and mail to: 2006 Bench-Bar Conference, Philadelphia Bar Association, seminars and provides an opportunity 1101 Market St., 11th Fl., Philadelphia, PA 19107, or pay with your credit card below and fax to (215) 238-1159. to foster the working environment Electronic registration is also available at www.philadelphiabar.org. NOTE: Hotel reservations must be made separately between local judges and attorneys. by calling (800) 247-8767.Mention “Philadelphia Bar Association/2006 Bench-Bar Conference” to take advantage of the The 2006 Bench-Bar Conference is special rate of $185 per night on Thursday and Friday nights and $225 on Saturday night (plus taxes). Hotel reserva- chaired by Ronald A. Kovler and Laura tions must be made by Friday, Sept. 8, 2006. A. Feldman. More information on the conference is available at philadelphi- Assn. Member Registration Type (all prices are per person) Assn. Nonprofit, Gov. Non-Member Amount abar.org. Member Attorneys & YLD Attorney Owed “It’s a great atmosphere and it’s casual. It’s an opportunity to get CLE Full Conference—Early Bird (before Aug. 15): Friday Opening Luncheon, Friday Night Grand Reception and After Party, Saturday Breakfast, $395 $245 $445 credits in a very fluid manner. We’re Saturday Closing Luncheon, Course Materials, Up to 7 CLE Credits presenting a very wide variety of courses,” Kovler said. Full Conference—Regular (Aug. 15 and later): Friday Opening Luncheon, Friday Night Grand Reception and After Party, Saturday Breakfast, $475 $325 $525 “This is a great event for lawyers Saturday Closing Luncheon, Course Materials, Up to 7 CLE Credits and judges. It’s not only a party but it’s an educational experience as well,” he One Day Attendee—Friday: Friday Opening Luncheon, Friday Night Grand Reception, After Party, Course Materials, CLE Credits for Friday $275 $225 $325 said. only The conference opens on Friday, Sept. 29 at 12 p.m. with “Independence One Day Attendee—Saturday: Saturday Breakfast, Saturday Closing $275 $225 $325 Luncheon, Course Materials, CLE Credits for Saturday only Day,” a panel discussion on judicial independence. The panel will be mod- Grand Reception and After Party—Friday Evening Only $150 $125 $175 erated by journalist Lynn Doyle of Non-Attorney Guest Registration - $150 Per Guest. (Price includes food Subtotal: ______CN8, the Comcast Network. Panelists and social functions only. Please register me for _____ guest(s) at $150 Guest total: ______include former Pennsylvania Supreme per guest.) Total due: ______Court Justice Russell M. Nigro, Philadelphia Court of Common Pleas Attendee Name: ______Judge John M. Younge, former Nickname on Badge (if different from above): ______Chancellor Clifford E. Haines and Northampton County District Attorney Company/Organization ______John Morganelli. Guest Name(s): ______A plenary session follows at 2:15 Address: ______p.m. with a state of the court address. City: ______State: ______Zip: ______Panelists for the program include Pennsylvania Supreme Court Chief Phone: ______Fax: ______E-mail: ______Justice Ralph J. Cappy, Philadelphia Special/Dietary Needs: ______Court of Common Pleas President Emergency Contact Name: ______Phone: ______Judge C. Darnell Jones II, Philadelphia Card Type: ______American Express ______MasterCard ______Visa Municipal Court Judge Louis J. Presenza and supervising and adminis- Card Number: ______Exp. Date: ______trative judges. Cardholder’s Name: ______The Young Lawyers Division will Cardholder’s Signature: ______Date: ______present “Good Night and Good Luck,”

14 JULY 2006 / BAR REPORTER PHILADELPHIA BAR ASSOCIATION 20062006 BENCH-BAR CONFERENCE 20062006

Bench-Bar MSNBC Chief Dan Abrams Opens With to Deliver Saturday Keynote Panel on by Beth Huffman

Judiciary Dan Abrams, NBC News’ by Beth Huffman chief legal correspondent and anchor of MSNBC’s “The Emmy-winning journalist Abrams Report,” will deliver Lynn Doyle, host of “It’s Your the closing luncheon address Call with Lynn Doyle” on CN8, at the Bench-Bar Conference Lynn Doyle will be the moderator for a on Saturday, Sept. 30. panel discussion on judicial the Pennsylvania Supreme Abrams was named gener- independence, the opening Court in 1996. al manager of MSNBC on program of the Association’s A litigator with more than June 12. As general manager 2006 Bench-Bar Conference. 30 years of experience, Haines of the cable channel, Abrams Philadelphia Court of is active in both the Philadel- will report directly to NBC Common Pleas Judge John phia and Pennsylvania Bar News executive Phil Griffin, Milton Younge, who is now in Associations. He is a member another MSNBC veteran. his second term, will be join- of the American College of “The Abrams Report” pre- ed on the panel by Justice Trial Lawyers and he directs miered as a news/talk format Russell M. Nigro, formerly of Temple University Beasley program in 2002. The show’s the Pennsylvania Supreme School of Law’s Trial Advoca- topics are varied and include Court. Other panelists include cy Institute for practicing law- not only legal issues, but nat- Clifford E. Haines, who served yers. He won the American ional politics and current ev- as Chancellor of the Associa- Trial Lawyers Roscoe Pound ents from around the world. tion in 1997, and John M. Award in 1998. He is a 1971 In recent years, Abrams has Morganelli, the district attor- graduate of Ohio State Law covered the trials of Scott ney for Northampton County. School. Peterson, Michael Jackson and Judge Younge was elected Morganelli, a four-term Zacarias Moussaoui. Dan Abrams to the Court of Common Pleas district attorney, graduated Abrams began making in 1995 and again in 2005. In from Villanova Law School in special reports for NBC in Benet Ramsey murder probe of Dr. Jack Kevorkian. November 2006, Justice Nigro 1980. Known for his tough 1995 and has reported regu- and the Elian Gonzalez case. Abrams, who received his became the first appellate stand on crime, Morganelli larly on “NBC Nightly News,” He began his TV career as Bachelors of Arts degree in judge to lose a retention vote has been a critic of the judi- “Today” and “Dateline NBC.” an anchor and reporter for political science from Duke since Pennsylvania instituted cial pay raise. The past-presi- He joined NBC as a general Court TV in 1992. He covered University in 1988 and his law the yes-no vote in 1969. A dent of the Pennsylvania assignment correspondent in various high-profile trials degree from Columbia Uni- 1973 graduate of Rutgers Uni- District Attorneys Association, 1997. With NBC, he has rep- while with Court TV, includ- versity in 1992, has published versity School of Law, Justice he has appeared on national orted on President Clinton’s ing the O.J. Simpson murder articles in The New York Times, Nigro served eight years on news programs such as CNN’s impeachment trial, the Okla- trial, the International War The Nation, USA Today, The the Common Pleas Court “Lou Dobbs Tonight” and “The homa City bombing trials, the Crimes trial from The Hague, American Lawyer, George and the bench before being elected to O’Reilly Factor” on FoxNews. Susan McDougal trial, the Jon and the assisted-suicide trials Yale Law and Policy Review. CLE Spotlight Media Relations Panel to Examine Viewpoints by Beth Huffman have different needs and goals when it during trials are often difficult for jud- and class actions in federal and state comes to high-publicity cases, they ges, who have their own set of rules courts, defending various employment The viewpoint of the bench, need each other to accomplish those governing their ability to comment matters, including claims of discrimi- thoughts from two of the area’s top lit- goals. The panel, which includes Jane L. publicly about their work. The seminar nation, harassment and retaliation igators and the perspective of the me- Dalton, Chancellor-Elect of the Asso- also will scrutinize the frustrations and based on age, race, sex, disability, reli- dia will be presented in the Young ciation; Hon. Frederica A. Massiah- challenges of navigating these relation- gion and national origin. Lawyers Division media and ethics CLE Jackson, the immediate-past president ships as well as the positive outcomes Judge Massiah-Jackson was elected seminar at the 2006 Bench-Bar judge of the Philadelphia Court of to be achieved when this is done suc- to the Philadelphia Court of Common Conference, scheduled for Sept. 29-30 Common Pleas; and Abraham C. Reich, cessfully. Pleas in 1983 after working in private at The Tropicana in Atlantic City. who served as Chancellor of the Asso- Dalton heads the Employment Liti- practice specializing in corporate and The panel will examine how to ciation in 1995, will discuss how each gation Practice within the Employment civil litigation with Blank Rome LLP. develop good relationships between faction can get what they want and Benefits and Immigration Practice She served as the president judge of lawyers and the media within the need to do their jobs effectively with- Group at Duane Morris LLP. She has the Court of Common Pleas and chair bounds of the Rules of Professional out stepping on any ethical landmines. defended law firms, educational insti- of the Administrative Governing Board Conduct. While lawyers and the media Issues regarding media coverage tutions and businesses in individual continued on page 16

BAR REPORTER / JULY 2006 15 PHILADELPHIA BAR ASSOCIATION 20062006 BENCH-BAR CONFERENCE 20062006

MEDIA PANEL nalist. Anastasia has covered dozens of continued from page 15 criminal trials, including high-profile of the First Judicial District from organized crime proceedings. Nom- 2001-2006. A former member of the inated for two Pulitzer Prizes for his Association’s Board of Governors, work as a reporter for the Inquirer, he she has served as a lecturer at the won the Sigma Delta Chi Award for Wharton School of Business where magazine reporting for his coverage she taught legal studies and business of the Thomas Capano-Anne Marie law. Fahey murder case. He has written A partner in the litigation depart- five books, including The Summer ment of Fox Rothschild LLP, Reich Wind, his account of the Capano currently serves as the Association’s case. representative to the American Bar Grezlak won a 1996 Keystone Association’s House of Delegates, Press Award for investigative report- where he sits on the Legal Ethics and ing and a 1997 Keystone Press Award Photo by Jeff Lyons Professional Responsibility Commit- for news beat reporting while work- Every guest room in the Tropicana’s North Tower has been renovated. tee. He is a fellow of the American ing as managing editor of The Legal College of Trial Lawyers. Reich is also Intelligencer’s sister publication Makeover for Trop Guest Rooms a member of the Philadelphia Trial Pennsylvania Law Weekly. All 600 guest rooms in the North 2,100 guest rooms, 45,000 square feet of Lawyers Association, the Pennsylva- Prior to joining the KYW staff, Tower of the Tropicana Resort and meeting space, and 2,400 new parking nia Trial Lawyers Association and the Durham worked in the news depart- Casino have been refurbished as part of spaces. The 200,000-square-foot dining, American Trial Lawyers Associa-tion. ments of other radio stations. She a $6.5 million renovation program at shopping and entertainment complex is The media panel will be led by began her career as a journalist in the hotel. located right on Atlantic City’s Board- veteran Philadelphia Inquirer crime re- Philadelphia working for KYW-TV 3 The renovations were completed in walk, with 220 yards of beach frontage. porter George Anastasia and also in- in 1985. March and include new carpeting, wall- The Quarter at Tropicana provides cludes Hank Grezlak, associate pub- Shira J. Goodman, associate direc- paper, linens, mattresses curtains, fix- visitors with more than 16 restaurants, lisher and editor-in-chief of The Legal tor of Pennsylvanians for Modern tures and reupholstering of all furni- while offering three times the entertain- Intelligencer in Philadelphia, and Mi- Courts and a member of the Young ture. ment, shopping and spa options than chelle Durham, a reporter and news Lawyers Division Executive Commit- The Tropicana features more than any other hotel casino in Atlantic City. anchor for KYW 1060-AM, who will tee, will serve as moderator of the lend her views as a broadcast jour- panel.

BENCH-BAR to ask. The Probate and Trust Law Section continued from page 14 2006 Bench-Bar Conference Schedule will present “Good Will Hunting,” what Friday, Sept. 29, 2006 Chancellor-Elect Jane L. Dalton, Hank litigators need to know about probate 12 p.m...... Opening Luncheon Grezlak (editor of The Legal Intelligencer), and estate matters. The program will 2:15 p.m...... Plenary Session - State of the Court Philadelphia Inquirer reporter George explain basic estate administration 3:30 p.m...... Intermission Anastasia and Michelle Durham. The concepts for litigators and issues aris- 3:45 p.m...... CLE Program program will be moderated by Shira ing from settlement of litigation mat- 6:30 p.m...... Grand Reception Goodman. ters, specifically focusing on obtaining 8:30 p.m...... After Party In “The Verdict,” the State Civil approval of settlements for individuals Saturday, Sept. 30, 2006 Litigation Section program will take a who are minors or incapacitated per- 7:30 a.m...... Breakfast look at cross-examination in medical sons; the appointment of guardians of 8 a.m...... CLE Programs malpractice cases. Panelists for this the person and estate; the granting of 9:30 a.m...... Intermission program include Robert T. Szostak, letters of administration “For Litigation 9:45 a.m...... CLE Programs James E. Colleran Sr., Roberta D. Purposes ONLY”; filing of required 10:45 a.m...... Hotel Checkout Pichini, Daniel F. Ryan, Kevin H. Wright notices; the advertisement of the grant 11:15 a.m...... CLE Programs and James E. Beasley Jr. of letters, Pennsylvania inheritance 12:30 p.m...... Closing Luncheon The Business Law Section program taxes and more. Mary Jane Barrett and “Risky Business” will look at employ- Nina Stryker are the course planners. ment law mediation with Scott Cooper Litigation Section opens Saturday’s ination in the movies with Isla Fruchter “Wall Street” will present a and U.S. District Court Judge Diane M. programming with “Breakfast at and Jules Epstein in a special two-part Commerce Court update from the Welsh. Bernstein’s” – a look at evidence with program. Business Law Section. “Stand by Me,” a Family Law Section Philadelphia Court of Common Pleas “Jerry Maguire” will be the Business Nancy Fullam is the course planner program on custody litigation over Judge Mark I. Bernstein. Thomas Law Section’s program on employment for “Back to the Future,” which will dis- school selection, will have a panel to Wilkinson is the course planner. contract law with panelists to be cuss e-filing in the Philadelphia Court be named later. Paul Kazaras, assistant executive named later. of Common Pleas. USI Colburn Insurance Service will director of the Bar Association, and In “War of the Roses,” the Family Details of other programs will be sponsor the Grand Reception “As Good Carl H. Delacotto will present “Double Law Section will probe ways to combat available later in the summer. Please be As It Gets” at 6:30 p.m. The After Party Indemnity,” a program on risk man- fraud in family law. advised that seminar topics and pre- “Footloose” begins at 8:30 p.m. with agement with USI Colburn Insurance The Workers’ Compensation Section senters are subject to change. music and dancing. Services. program “9 to 5” is an examination of The closing luncheon and CLE ses- Breakfast begins at 7:30 a.m. on The Criminal Justice Section’s “And everything you wanted to know about sion features a keynote speech by Dan Saturday, Sept. 30. The State Civil Justice For All” will look at cross-exam- workers’ compensation but were afraid Abrams of MSNBC. 16 JULY 2006 / BAR REPORTER FORUM CLS • Lundy, Flitter, Beldecos & Berger, PC • Sandals & Associates, PC • Manko, Gold, Katcher & Fox, LLP • Saul Ewing LLP continued from page 4 continued from page 8 • Markowitz & Richman • Schnader Harrison Segal & Lewis LLP the minority bar associations such as Embick, LLP • McCarter & English, LLP • Stradley Ronon Stevens & Young, LLP the Barristers, the Hispanic Bar Associa- • Kohn, Swift & Graf, PC • McEldrew & Fullam, PC • Wapner, Newman, Wigrizer & Brecher tion and the Asian-American Bar Asso- • Kolsby, Gordon, Robin, Shore & Bezar • Miller, Alfano & Raspanti, PC • Wilson & Wilson ciation of the Delaware Valley, and es- • Kovler & Rush, PC • Montgomery, McCracken, Walker & • Wolf, Block, Schorr & Solis-Cohen LLP tablishing your interest in hiring more • Langer & Grogan, PC Rhoads, LLP CLS also gratefully acknowledges diverse lawyers. Another option is to • Law Offices of Michael LiPuma • Morgan Lewis & Bockius LLP the ongoing support of the Indepen- join the Philadelphia Diversity Law • Law Offices of Paul Boni, PC • Pelino & Lentz, PC dence Foundation through a challenge Group and establish a summer intern- • Law Offices of Rhonda Hill Wilson, PC • Pepper Hamilton LLP grant and the Philadelphia Trial Law- ship pipeline through the Diversity Law • Levan Friedman LLP • Raynes McCarty yers Association for generously hosting Group. I also recommend using the • Leventhal Sutton & Gornstein • Saltz, Mongeluzzi, Barrett & Bendesky our Breakfast of Champions. Philadelphia Diversity Law Group as a recruitment source.” Some diverse lawyers, Lillie said, for the same reasons that non-diverse lawyers do, will ultimately decide that the big firm life is not for them. “Make your small or medium size law firm a law firm of choice for diverse lawyers JULY who want to have a challenging legal career, but at a smaller firm. Regardless of how hard the large law firms work CLE COURSES to retain their diverse lawyers, there will inevitably be some folks who will opt for smaller firms. Position yourself to be an alternate landing pad for these The CLE lawyers,” she said. Conference Center Retention of diverse lawyers is an- Wanamaker Building other challenge, and Lillie said the an- July 7 Fundamentals of Family Law • The CLE Conference Center 10th Floor, Ste.1010 swer is the same as for large law firms. “Treat these lawyers with respect. Give July 12 Second Chances: Employment Issues Impacting People with them interesting and challenging work. Criminal Records • The CLE Conference Center Franklin Institute Provide them with training opportuni- Science Museum ties, encourage them to create their July 13 ABCs of Liquor Law • The CLE Conference Center 222 N. 20th Street own business and bar association con- 5th Floor tacts and allow them/encourage to July 18 Biotechnology in the Courts • The CLE Conference Center work on bar association committees. July 19 Civil Practice in Magisterial District Courts Give them networking resources so Philadelphia Bar that they can begin to develop their The CLE Conference Center Association own books of business. Create a work 1101 Market St. environment that fosters pro bono July 20 Adventures in Sarajevo: 11th Floor work, formal and informal networking A Philadelphia Judge’s Experience on the International Court Conference Center and mentoring, give these lawyers The CLE Conference Center honest and constructive feedback, give them opportunities to shine and July 24 Law Office Managment in the 21st Century progress through your partnership The CLE Conference Center ranks,” she said. Retention of diverse lawyers in gov- July 25 Litigating the Legal Malpractice Case ernment and in public interest law The CLE Conference Center Call PBI firms will continue to be challenging in this era of law students graduating Least Restrictive Environment: Proving Your Case in a Post Customer Service at with mega-debt loads, Lillie said. “But Schaffer v. Weast Landscape • The CLE Conference Center 800-247-4724 exciting opportunities to practice law to register for a in the public interest, and the creation Appellate Procedures: Everything the Criminal Practitioner of opportunities for advancement and Needs to Know • Philadelphia Bar Association course or for more leadership will aid the process.” information. Lillie said it is very important that July 26 Litigating in Orphans’ Court • The CLE Conference Center all law firms find some way of getting Register online at information from diverse lawyers Artistry in Advocacy in the 21st Century (via satellite) www.pbi.org about their “temperature” regarding the Franklin Institute Science Museum organization. The Pennsylvania Bar “They should be given an opportu- July 27 Fire At-Will: Wrongful Termination in PA • The CLE nity to tell you the truth about their Conference Center Institute is an experiences at the firm, without fear of accredited CLE retribution or retaliation. If there are Preparing & Trying the Soft Tissue Case provider. institutional forces in your organiza- The CLE Conference Center tions that are creating barriers to success for diverse lawyers, you want to fix the barriers and you want to create an environment that fosters success for your diverse lawyers, and your non- diverse lawyers,” she said.

BAR REPORTER / JULY 2006 17 In Their Own Words Garden Tip: Supreme Make Most Court Induction of Weekends A group of Philadelphia Bar Association members, led by by I.M. Gardener Chancellor Alan M. Feldman (front row, center) poses on the steps of Every month, I read this column the U.S. Supreme Court in of legal luminaries and bar leaders’ Washington, D.C. on May 22 fol- own words about the state of the lowing their admission to the practice and nation’s highest court. The the profes- inductees included Feldman, and sion. Well, it (alphabetically by last name) Drew is summer E. Aldinger, Jeffrey Campolongo, time and all I Edward Scott Goldis, Carol L. want to do is Hartz, Thomas M. Marrone, tend my gar- Roberta D. Pichini, Vice den. So I Chancellor A. Michael Pratt, Elaine dared the Bar M. Ross, Susan E. Satkowski, Reporter editorial staff to run a column Melissa Schwartz, Michael E. about not working so hard. And they Scullin, Mark W. Tanner and

called my bluff. Photo by Beth Huffman Daniel S. Weinstock. I’m chicken though and instead of a head shot, I offered a glossy photo- Cooney said he and Banks were the project. “I think (Damon and graph of my tomato plants and bean MOVIE called by movie producers and thought Affleck) saw this as an opportunity to poles. Instead, they ran that clip art continued from page 7 it was a good idea because they want- work together for the first time in sev- of a briefcase in a shovel. I also ed to get some money into Thompson’s eral years.” decided not to use my name so my hands. A screenwriter was brought in, Cooney said Disney has entered into law firm partners don’t think that coercion. A member of the district Cooney said, and Live Planet, the pro- agreements with Banks, Thompson and every time I say I am with a client, I attorney’s office in New Orleans quit duction company run by Matt Damon himself. “We were able to structure a am actually pulling weeds or nurtur- his job over the DA’s impropriety in the and Ben Affleck, was very interested in deal where all of the up-front money ing my plants. Although I do fanta- case. size about leaving work early to get In the spring of 1999, the carjacking in a few hours of weeding and water- conviction was thrown out and the ing while the days are still longer, I death penalty was set aside, but a new INCORPORATION save my gardening for my weekends trial was not granted. They went to the and I save my weekends for my gar- Court of Appeals and on July 17, 2002, a dening. new trial had been granted on the AND I know there are lawyers who murder case. “For the first time, we had work every weekend and I’m not the actual prospect of hoping to LIMITED LIABILITY sure why. I like my job but, by demonstrate John’s innocence,” said Saturday, I have had enough. Sure, I Banks. COMPANY FORMATION will check e-mail at least once a day Cooney and Banks uncovered new over the weekend and I may even evidence that eventually swayed the CONVENIENT, COURTEOUS SAME DAY SERVICE open my briefcase while I am watch- jury in the new murder trial. It took ing Sunday night television, but the jurors all of 35 minutes to find work I do on weekends is in dirt. Thompson innocent. The retrial was PREPARATION AND FILING SERVICES IN ALL STATES held in May 2003, 18 years after the My “own words” are about finding CORPORATION OUTFITS AND original murder trial. He was released your passion and having fun with it LIMITED LIABILITY COMPANY OUTFITS on the weekends. For me, it is a from prison on May 9, 2003. Thompson weekly reuniting with nature, paint- has since gotten married and has been SAME DAY SHIPMENT OF YOUR ORDER ing with flowers and treating my promoted several times at his job. “He’s senses to bright colors, the smell of managed to build a life and it’s a good fresh herbs and the taste of home- life,” said Cooney. CORPORATE STATUS REPORTS grown vegetables. It is my form of “Over the years, if you count the UCC, LIEN AND JUDGMENT SEARCH SERVICES play. On the weekends, I don’t con- lawyers, paralegals and summer associ- DOCUMENT RETRIEVAL SERVICES sider myself a lawyer who gardens ates who worked on this case, we had but rather a gardener who lawyers. 72 who recorded time,” Banks said. “Pro My day job keeps me in seeds and bono is more than a legal opportunity Miracle Grow. My gardening takes or a training opportunity. It’s an M. BURR KEIM COMPANY opportunity to make an enormous dif- care of my soul; it heals me and pre- SERVING THE LEGAL PROFESSION SINCE 1931 pares me for another week ference in somebody’s life.” Sure, there are always errands to “The sense of satisfaction from the run on weekends but in between the lawyers in the firm, the secretaries in 2021 ARCH STREET, PHILADELPHIA, PA 19103 dry cleaning drop off and all of our the firm, the people in the mailroom PHONE: (215) 563-8113 family stuff, be sure to find your own and the people in marketing who patch of fun. So, next weekend, gar- helped us put together the graphics FAX: (215) 977-9386 that we used at the trial was really tan- den, kayak, play guitar, dance, swim, WWW.MBURRKEIM.COM read or do whatever brings you joy. gible,” Cooney said. “Everybody felt Just be sure to enjoy your weekends. that they were part of something great.”

18 JULY 2006 / BAR REPORTER 200 Attend Annual Federal Bench-Bar Conference

U.S. District Court Judge Michael M. U.S. District Court Chief Judge Harvey Bartle III (right) meets with Thomas M. Linda Dale Hoffa and Ronald H. Levine were the panelists Baylson discusses electronic case filing at Golden, who will be sworn in as a new judge of the Eastern District of for the program “Addressing Requests to Waive Attorney- the Federal Bench-Bar Conference. Pennsylvania in the near future. Client Privilege in Criminal Matters.” Photos by Jeff Lyons Federal Courts Committee Chair Steven E. Bizar (left) and Vice Chair U.S. District Court Judge Gene E.K. Pratter (from left), Ellen Meriwether, U.S. District Court Judge Eduardo C. Edward G. Biester III meet at the Federal Bench-Bar Conference. Biester Robreno and Dennis R. Suplee discussed “How Ethics and Professionalism Improve the Relationship Between was the course planner for the event. the Bench and Bar”at the June 16 Federal Bench-Bar Conference at Loews Philadelphia Hotel.

FEDERAL BENCH-BAR “We have a document judge does and the impor- that gives us an orderly tance of our laws. I’m continued from page 1 life and an orderly way of going around the com- that, as if that was a valid criticism of life. We have a document monwealth and pulling judges. Well, guess what? Judges are called the Constitution from various teachers’ pro- not supposed to do the will of the peo- that brings order to our jects or materials that have ple. That’s what the legislature is there society. Our economy worked in their schools for. But nobody was talking about that thrives because we have and trying to replicate and we have so much of an outcry that orderly society. We are them and give them out to now with our citizens and the media a nation of laws, not of others so that in every talking about judges doing the will of men, and that was stated school we have appropri- the people,” Judge Rendell said. first in Marbury v. Madison. ate and exceptional civics She said Judge John Jones of the And that is true today. And that is why education,” the judge said. Middle District of Pennsylvania has judges don’t do the will of the people. Judge Rendell stressed the need for gained a lot of notoriety for his deci- Photo by Jeff Lyons We apply and enforce the law,” Judge judges and attorneys to help spread Judge Marjorie O. Rendell sion in the ‘intelligent design’ case. Rendell said. the word and fight against charges of “Phyllis Schafly criticized him for 100 most influential people. This is a “I have combined with the National judicial activism. not adhering to his roots, basically his judge – we are usually not viewed as Constitution Center, the state Bar “We as lawyers and judges corner purportedly conservative background. influential,” she said. Association, the state Supreme Court, the market on understanding of And he used the criticism as a platform Judge Rendell said she and Judge the state Board of Education, the democracy and the Constitution. to say ‘wait a minute. I’m not supposed Jones are taking on the misunder- Student Council Association of Sometimes we forget, until we go to to hit one for the home team. My job is standing of the judiciary’s role and Pennsylvania to work on an initiative that naturalization ceremony or until not to do what I might think is right. writing a book about it. called PENCORD – the Pennsylvania we look out at that jury that has suc- I’m a judge and I do things in a certain “We need to educate our people. We Coalition for Representative cessfully concluded the trial. We see it. way according to precedent, modes of need to educate our youngsters. We Democracy. Our goal is to improve the We live it. We need to share it. On analysis. We have standards of review, need them to understand what the level of citizenship education in grades Constitution Day, talk to your child’s or we have maxims of construction we Constitution is. It’s important for every K through 12. We’re trying to push on grandchild’s school. See if you can talk follow. We don’t get up in the morning citizen to understand where they fit all grade levels to have grade-appro- to an assembly about the constitution. and follow whims.’ ’’ and that they fit and that it all works, priate citizenship education,” she said. We need to share what we have. Our “I’m so pleased that his notoriety which I think is the beauty of our gov- “At the lower levels, it’s about the democracy is only going to thrive if we made him be one of Time magazine’s ernment,” she said. basics. It’s about telling them what a realize that it’s precious,” she said.

BAR REPORTER / JULY 2006 19 Book Review Gloria Allred Memoir Recalls Causes, Battles Fight Back and Win: My Thirty-Year Fight Allred is, and a huge percentage will this day. Allred describes financial University of Pennsylvania’s Arts and Against Injustice - and How You Can Win recognize her name and formidability hardship, a disastrous marriage, the Sciences Commencement, Allred’s alma Your Own Battles as an advocate. need to raise her baby daughter alone, mater. by Gloria Allred What may prove most surprising is and many mountains she had to scale. Few lawyers affect so many tours de Regan Books, 304 pages, $26.95 her strong Philadelphia connection. The book’s forward is written by her force in one career. Decades spent as a Her roots are here, having grown up in accomplished offspring, Lisa Bloom, teacher in inner city schools gave Reviewed by Saul H. Segan a modest row home in West Philadel- anchor at Court TV and frequent guest Allred a chance to draw on her gift of phia, having attended Girls High with commentator on many networks. empathy for the disadvantaged. Then, a Ask nearly anyone, whether lawyer now Family Court Master Fern Brown Mother and daughter celebrated move to Los Angeles to answer a call or lay person, if they know who Gloria Kaplan. They are still close friends to Mother’s Day as guest speakers at the continued on page 21

2006 SANDRA DAY O’CONNOR AWARD NOMINATION FORM O’Connor The Sandra Day O’Connor Award was named in honor of the first woman Justice of the U.S. Supreme Court and is given annually to an outstanding woman attorney in the Philadelphia area. The recipient is expected to exem- plify the qualities that Justice O’Connor has demonstrated in her life and work. Therefore, the Award Committee Award gives preference to those nominees who have achieved prominence and the highest degree of professional excellence in their field over a sustained period and who have openly and visibly used their position and stature in the commu- Nominees nity to mentor, promote and advance other women lawyers. Specific criteria follow:

Award Criteria: • Female attorney with law practice or other professional activities in Philadelphia. Sought • A career path that demonstrates superior legal talent and ability characterized by unique contributions to and significant achievements within the legal community. The Women in the Profession Com- mittee is seeking nominations for the • Advocacy for the advancement and equal treatment of women in the profession, as 2006 Sandra Day O’Connor Award. well as the community. Deadline for nominations is Aug. 11. • A reputation for mentoring other women in the profession. The award is conferred annually on a woman attorney who has demonstrated superior legal talent, achieved Return the completed form with all additional materials by Friday, Aug. 11, 2006 to: O’Connor Award, significant legal accomplishments and Women in the Profession Committee, Philadelphia Bar Association, 1101 Market St., 11th fl., Philadelphia, Pa. has furthered the advancement of 19107-2911. women in both the profession and the community. The award presentation Nominee’s Name: ______Title:______will be made during the Association’s Quarterly Meeting in October. Firm/Organization:______Phone: ______The committee established the award in 1993 to recognize the impor- Business Address: ______tant contributions that women attorneys in Philadelphia have made to the ______legal profession. That year, U.S. Supreme Court Just- Nominator’s Name: Title: ______ice Sandra Day O’Connor presented the first award to U.S. District Court Senior Firm/Organization: ______Judge Norma L. Shapiro. The award has since been presented to the late Juanita Phone:______Kidd Stout, former justice of the Penn- sylvania Supreme Court; Deborah R. Business Address: ______Willig, first woman Chancellor of the Philadelphia Bar Association; Professor ______Marina Angel, of the Temple University

Beasley School of Law faculty; Third 1 Please use 8 /2-x-11" sheets to answer the following questions. Circuit Court of Appeals Judge Dolores K. Sloviter (former Chief Judge); U.S. 1. How long have you known the nominee? District Court Judge Anita B. Brody; 2. What has been your association with the nominee? Leslie Anne Miller, first woman presi- 3. Describe the nominee’s professional accomplishments. dent of the Pennsylvania Bar Associa- 4. What is the nominee’s most significant accomplishment? tion; Lila G. Roomberg of Ballard Spahr 5. Describe how the nominee has been an advocate and used her position and stature in the community to Andrews & Ingersoll, LLP; the late advance, and provide career opportunities for, women lawyers generally. Judge Judith J. Jamison; Ellen T. Green- lee, chief defender of the Defender As- 6. Describe what the nominee has done to mentor, promote and advance other women lawyers. sociation of Philadelphia; former Chan- 7. Describe other activities in which the nominee has engaged that have advanced women inside and outside the cellor Audrey C. Talley; U.S. Court of legal community. Appeals Judge Marjorie O. Rendell; and Pennsylvania Superior Court Judge Nominators must provide answers to questions 1-7. Nominators are encouraged to include additional material on the Phyllis W. Beck. nominee, such as curriculum vitae, press clippings, résumé; however, no more than three letters in support of the nominee To nominate someone for the 2006 will be accepted. Nomination forms may refer to and incorporate information submitted within the past three years for Sandra Day O’Connor Award, use the the nominee. The nominator is also responsible for ensuring submission of current information for the nominee as well. nomination form on this page.

20 JULY 2006 / BAR REPORTER BOOK REVIEW Allred who took on Michael Jack- LSOC son when he dangled his baby on a continued from page 20 continued from page 8 balcony; who represented Amber for badly needed teachers following Frey, crucial prosecution witness in tice and to meet attorneys who are leaders the Watts riots. Gloria accepted this the Scott Peterson case; aided the in their fields. challenge, ultimately getting her family of Nicole Brown Smith, O.J.’s On June 13, we held a special session to Master’s Degree and soon thereafter, murdered wife; who assisted Hunter discuss public service job search strategies a law degree. Tylo, dismissed from a starring role for aspiring lawyers. Finally, on Thursday, What might have dissuaded in an Aaron Spelling movie because July 27, from 5 to 7 p.m. at the offices of some women from believing in the she had become pregnant; and who, WolfBlock LLP, 1650 Arch Street, 22nd Floor, impossible seemed to be the driving in representing Dodie Fayed’s other the LSOC will host the annual Public force in Allred’s quest to break free fiancee, sought to contact Princess Interest Reception. We are grateful to from society’s shackles and to moti- Diana to warn of possible danger. WolfBlock LLP for generously sponsoring vate others to vanquish their She vigorously represented a girl this event. would-be captors. In the process wanting to become a Boy Scout, and Whether or not your memories from she took on top celebrities, politi- even fought the all-male policy of law school are like mine, as a Philadelphia cians, good-old-boys clubs and the Friars Club. Her media skills, Bar Association member, I hope you value government officials whose moral which often draw criticism, prove the importance of working with our future muscles atrophied when it came to instrumental in assisting her clients. lawyers while they are still creating those clients by going the extra mile, by enforcing the rights of their con- Fight Back and Win moves quickly memories. It is my hope that by providing being creative in our approach. We stituents. in vignette style, ending each chap- opportunities for law students in the public learn to conquer fear and inertia by It was Allred who fought for vic- ter with an “empowerment lesson,” interest, we will inculcate an ethic of ser- thrusting forward with relentless tims of sexual harassment, who urging us to become proactive in vice in our law students that will serve our determination. We are painfully challenged luminaries who deemed determining our own fate. community for years to come. reminded that indifference can be themselves untouchable, who This is a must-read for lawyers, For more information about the LSOC equated with surrender; that passiv- camped out in the L.A. District who often wake up and wonder or its activities, please feel free to contact ity is tantamount to defeat. Attorney’s Office until he would dis- “what they are doing here.” We are me or other members of the LSOC. inspired to ask what we can and cuss child support enforcement, Saul H. Segan, a sole practitioner, is co-chair of the should do to enrich the lives of Sara Woods is chair of the Law School Outreach Committee. conspicuous by its absence. It was Association’s Bar-News Media Committee. Her e-mail address is [email protected].

Board of Governors Cabinet – meeting, 12 p.m., 10th floor Board Room. Wednesday, July 19 Workers’ Compensation Section Executive Committee – meeting, 10:30 a.m., 11th floor CALENDAR OF EVENTS Committee Room South. Workers’ Compensation Section – meeting, 12 p.m., 11th floor Conference Center. Lunch: Note: While the following listings have been verified prior to press time, any scheduled event $7.50. may be subject to change by the committee or section chairs. Federal Courts Committee – meeting, 12:30 p.m., 10th floor Board Room. Lunch: $7.50. Medical-Legal Committee – meeting, 12:30 p.m., 11th floor Committee Room South. Lunch: Monday, July 3 and Tuesday, July 4 $7.50. Fourth of July – Bar Association offices closed. Thursday, July 20 Wednesday, July 5 Family Law Section Executive Committee – meeting, 12 p.m., 11th floor Committee Room Rules and Procedures Committee – meeting, 12 p.m., 10th floor Board Room. Lunch: $7.50. South. Health Care Law Committee – meeting, 12 p.m., 11th floor Conference Center. Lunch: $7.50. Environmental Law Committee – meeting, 12:30 p.m., 10th floor Board Room. Lunch: $7.50. Thursday, July 6 Friday, July 21 Delivery of Legal Services Committee – meeting, 8:30 a.m., 10th floor Board Room. Social Security and Disability Benefits Committee – meeting, 12 p.m., 11th floor Conference Civil Rights Committee – meeting, 12 p.m., 11th floor Conference Center. Lunch: $7.50. Center. Lunch: $7.50. Alternative Dispute Resolution Committee – meeting, 12:15 p.m., 11th floor Committee Room Law School Outreach Committee – meeting, 12 p.m., 10th floor Board Room. South. Lunch: $7.50. Monday, July 24 Friday, July 7 Young Lawyers Division Cabinet – meeting, 12 p.m., 10th floor Cabinet Room. Law School Outreach Committee – meeting, 12 p.m., 10th floor Board Room. Tuesday, July 25 Monday, July 10 Criminal Justice Section – meeting, 12 p.m., 11th floor Conference Center. Lunch: $7.50. Family Law Committee – meeting, 12 p.m., 11th floor Conference Center. Lunch: $7.50. Women in the Profession Committee – meeting, 10th floor Board Room. Lunch: $7.50. Business Law Section Executive Committee – meeting, 12 p.m., 10th floor Board Room. Thursday, July 27 Tuesday, July 11 Minorities in the Profession Committee – meeting, 12 p.m., 11th floor Conference Center. Criminal Justice Section Executive Committee – meeting, 12 p.m., 10th floor Board Room. Lunch: $7.50. Philadelphia Bar Foundation Board of Trustees – meeting, 12 p.m., 11th floor Committee Lawyer Referral and Information Service Committee – meeting, 12 p.m., 11th floor South. Committee Room South. Wednesday, July 12 Committee on the Legal Rights of Lesbians and Gay Men – meeting, 12:30 p.m., 11th floor Appellate Courts Committee – meeting, 12 p.m., 10th floor Board Room. Lunch: $7.50. Committee Room. Elder Law Committee – meeting, 1 p.m., 10th floor Board Room. Lunch: $7.50. Thursday, July 13 Board of Governors – meeting, 4 p.m., 10th floor Board Room. Legislative Liaison Committee – meeting, 12:30 p.m., 11th floor Committee Room South. Lunch: $7.50. Friday, July 28 Law School Outreach Committee – meeting, 12 p.m., 10th floor Board Room. Friday, July 14 Women’s Rights Committee – meeting, 12:15 p.m., 11th floor Committee Room South. Lunch: Law School Outreach Committee – meeting, 12 p.m., 11th floor Conference Center. $7.50. Philadelphia Lawyer magazine Editorial Board – meeting, 12:30 p.m., 10th floor Board Room. Monday, July 31 Monday, July 17 Young Lawyers Division Executive Committee – meeting, 12 p.m., 10th floor Board Room. Public Interest Section Executive Committee – meeting, 12 p.m., 10th floor Board Room. Unless otherwise specified, all checks for luncheons and programs should be made payable to the Philadelphia Bar Association Tuesday, July 18 and mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2911. Send Bar Association-related cal- Section Chairs – meeting, 8:30 a.m., 10th floor Board Room. endar items 30 days in advance to Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, Pa. 19107-2911. Fax: (215) 238-1267. E-mail: [email protected].

BAR REPORTER / JULY 2006 21 Social Events Hosted by Sections, Committees Photo by Areetha Carter Workers’ Compensation Section Co-Chair Valerie Lieberman (left) is joined by Cheryl L. Handel and Section Co-Chairs Judge Patricia Bachman and Eric Segal at the Section’s June

Photo by Beth Huffman 7 Spring Reception at the Manayunk Brewery and Restaurant. Handel was presented with the Real Property Section Chair Kenneth J. Fleisher (left) is joined by Neil Rubin at the Section’s Section’s Irvin Stander Award, presented to an outstanding law school student. Handel will Annual Spring Reception on June 8 at Maggiano’s Little Italy. More than 70 people attended. be entering her third year at Villanova Law School in the fall. Photo by Beth Huffman Photo by Beth Huffman Philadelphia Court of Common Pleas Judges (from left) Lisette Shirdan-Harris, Idee C. Fox and Margaret Family Law Section Chair Jacqueline G. Segal joins Philadelphia Court Theresa Murphy gather at the Family Law Section’s reception for Family Court judges at Loews Philadelphia of Common Pleas Family Court Administrative Judge Kevin M. Hotel on June 22. Dougherty at the Section’s June 22 reception. Photo by Mark A. Tarasiewicz Chancellor Alan M. Feldman (from left) is joined by Michelle M. Marx and Lawrence S. Felzer, co-chairs of the Association’s Committee on the Legal Rights of Lesbians and Gay Photo by Harper Dimmerman Men, and Immediate-Past Chancellor Andrew A. Chirls at the Committee’s reception for Michael Ward, Doris J. Dabrowski, Joseph A. Prim and Michael M. Gessner gather at the summer associates on June 22 at the offices of WolfBlock. Solo and Small Firm Committee’s Networking Reception on June 22 at PNC Bank.

22 JULY 2006 / BAR REPORTER BAR FOUNDATION continued from page 6 Two Ukrainian Supreme Court judges who saw that he got the help he need- were among a delegation that visited ed. Philadelphia Bar Association offices Being a member of the Foundation on June 19. They were part of the U.S. and/or providing free legal services is Department of State’s International recognized and supported by the Penn- Visitor Leadership Program. The visi- sylvania Supreme Court. As set forth in tors presented Executive Director Rule 6.1 of the Rules of Professional Kenneth Shear (far left), Chancellor Conduct, “A lawyer should render public Alan M. Feldman and Chancellor- interest legal service. A lawyer may dis- Elect Jane L. Dalton with a decorative charge this responsibility by providing plate from the Ukraine. Photo by Mark A. Tarasiewicz professional services at no fee or a re- duced fee to persons of limited means … and by financial support for organi- Commentary zations that provide legal services to persons of limited means.” We will have a very special speaker Is the Price of Immigration Reform Too High? at our Recognition Reception. H.F. “Ger- by Tsiwen M. Law In a move that overturns two U.S. Philadelphia has a policy in place ry” Lenfest, a graduate of Columbia Law Supreme Court decisions, the Depart- that prohibits its law enforcement offi- School, started work at Davis Polk & The U.S. Senate passed the ment of Homeland Security will have cers from inquiring as to the immigra- Wardwell. In 1974, he formed Lenfest Comprehensive Immigration Reform the authority to indefinitely detain im- tion status of witnesses or victims who Communications, and built it to one of Act of 2006 on May 24 to address the migrants with final deportation orders report crimes. the top cable television companies in continuing presence of 11 million who cannot be deported, because the The long list of Senate Bill 2611 pro- the nation. He now sits on the board of undocumented immigrants in the U.S. U.S. lacks diplomatic ties with the im- visions that will erode basic civil liber- numerous arts, educational and com- The bill creates several tiers of immi- migrant’s country of origin, the country ties has led a number of civil rights munity organizations, and he is cur- grants eligible to earn legal status refuses to accept them, or the im- and immigrant advocacy organizations rently chairman of the board of the based on length of residence. migrant is stateless. Immigrants may be to question support for its passage. The Philadelphia Museum of Art, Business Undocumented persons with less sent to jail for up to six months for next step is for the Senate and House Leaders Organized for Catholic Schools, than two years residence will be failure to file a change of address no- conferees to merge their respective bills the American Revolution Center and the required to leave on the effective date tice with DHS. To accommodate the 3 into a single consistent bill. Because the Curtis Institute. Many organizations and of the legislation. Undocumented million who may be ineligible for House bill, HR 4437, is focused on en- universities have given him awards and immigrants with more than two years earned legal status, the bill authorizes forcement only, the anticipated product commendations for his leadership and residence will be able to apply for the opening of 20 additional detention of the bicameral negotiations is expect- involvement. He received the governor’s readmission visas while those with facilities to accommodate a combined ed to retain most of the challenges to “Patron of the Year” Award. Gerry epito- more than five years will be able to population of 20,000 immigrants. State civil liberties and erosions of immi- mizes the successful businessman and undertake steps to earn legal status, by and local police will have “inherent grant rights. Because Congress will philanthropic leader. paying back taxes, penalties, filing fees, authority” to enforce immigration vio- shortly go into recess, now is the time How can you get invited to this etc. after which they will go to the end lations, contrary to many jurisdictions’ to bring the Constitution back into the event? Join us in supporting the Bar of the line to wait for residency visas. programs that depended upon im- debate. The conferees must hear from Foundation’s endowment – its growth About 8 million undocumented immi- migrants to report evidence of crimes the American people that basic civil will guarantee a predictable source of grants would be eligible for some form to local police. That cooperation is not liberties cannot be the currency for funds to the 29 grantees of the Bar of earned legal status. expected to be forthcoming when the guest worker programs and heavier Foundation – the providers of direct At least 400,000 visas will be made immigrants fear being reported to the border patrol enforcement. legal services to the poor. Consider this available to applicants for legal resi- DHS by the neighborhood patrol offi- your invitation. dence currently waiting for permanent cer. Tsiwen M. Law, a sole practitioner, is former chair of the If you don’t see your name in this Public Interest Section. residency. These visas are designed to edition, you need to become a member. reduce the backlog among current ap- If your name is on the list, we appre- plicants. The bill increases the size of ciate your support, but here is the chal- the fence along the U.S.-Mexican bor- lenge. We need you to recruit just one der while at the same time ensures a new member to the Hamilton Circle. steady flow of guest workers. Practically speaking, we cannot individ- New Services 833 Chestnut East, Suite 1220 Most troubling for immigrant advo- ually reach out to every Philadelphia cates is the expansion of the list of Philadelphia, PA lawyer to invite you to join. We chal- New Look activities deemed “aggravated felonies” lenge all our members to recruit just 215.574.1505 to include carrying of fraudulent docu- one additional person to join the Come Visit Us! ments or working with a false social www.jenkinslaw.org Hamilton Circle. security number that may have been This is how you do it. used by the immigrant to escape re- Think of your colleagues. Think of pression. Commission of an aggravated your friends. Think of your classmates felony would be automatic grounds for from law school. Are their names listed? removal. The U.S. Federal courts will They should be. Give them a call, meet Jenkins Law Library have a much narrower latitude to for lunch, catch up on old times. Re- review denials of asylum or citizenship. mind them how lucky they are to be a Border patrol officers will have the Philadelphia lawyer. And then ask them power to jail and deport immigrants the following question: How can they WiFi technology suspected of illegal entry without judi- not be listed as a member? cial review. Even though immigrants To join the Hamilton Circle, please who have violated civil immigration Conference rooms for formal or informal meetings contact Melissa Engler at the Philadel- laws are not considered criminal def- phia Bar Foundation at (215) 238-6347 endants, their identities will be entered Cafe´ - grab a cup of coffee, eat lunch, meet colleagues or [email protected]. in the National Crime Information Alexander Kerr, a partner at McCarter & English, LLP, is Center database, originally reserved for 24/7 access to databases directly from your desktop chairman of the Philadelphia Bar Foundation’s persons convicted of crimes. Endowment Committee.

BAR REPORTER / JULY 2006 23 Elwood P. Levy, a new member of the Association’s 70-Year Club, offers thanks for a special gift presented to him before Keynote speaker Kweisi Mfume and Carl Oxholm III (second row, right), Drexel University senior vice president and general the June 19 Quarterly Meeting. counsel, pose with members of Drexel’s first-ever class for its new School of Law. Bar Honors Newest Year-Club Members The Association hon- Edelstein, John S. Estey, ored the newest members Albert J. Feldman, Milton of the its 50-, 55-, 60-, 65- A. Feldman, Benjamin Fo- and 70-Year Clubs at the gel, Alvin Freiberg, Jeremy June 19 Quarterly Meeting E. Goldstein, Judge Ber- and Luncheon. nard J. Goodheart, Bernard Paul N. Minkoff, a for- G. Heinzen, David Kittner, mer member of the Board Jan Z. Krasnowiecki, Mar- of Governors and former tin M. Krimsky, Louis E. Assistant Secretary of the Levy, Alfeo P. Libetti, Jo- Association, spoke on seph R. Livesey, Hyman behalf of the honorees. The Lovitz, John D. Lucey Jr., podcast of his remarks is available at Joseph Lurie, Paul Matzko, Erwin philadelphiabar.org. The following is a Miller, Paul N. Minkoff, Tom P. Monte- list of the honorees for the June 19 verde, Arthur H. Moss, Anthony W. event: Novasitis, Sheldon Rappaport, Edward 50-Year Club Reif, Robert S. Robbins, Judge David N. Paul C. Astor, Barton M. Banks, Savitt, Arthur H. Seidel, James L. Shea,

Philip E. Berens, Judge Edward G. Philip M. Shiekman, Judge Herbert Photos by Jeff Lyons Beverly Monteverde helps Alvin Freiberg with his bouteneirre at the June 19 event. Biester, William H. Brown III, Meyer A. Smolen, Joseph Smukler, Edward L. Bushman, Rudolph A. Chillemi, K. Snitzer, George S. Stewart III, Seymour Judge Curtis C. Carson Jr., H. Myron H. Francis DeLone; Albert Konef- Robert Conrad, Judge Anthony J. I. Toll, Roger M. Whiteman, William A. Cohen, Harold Diamond, Austin M. sky; Daniel Mungall Jr.; and George DeFino, Carpenter Dewey, Samuel Whiteside Jr. and Joan P. Wohl. Lee, Michael C. Rainone and Ronald Ovington III. Diamond, Russell C. Dilks, John C. 60-Year Club Souser. 70-Year Club Dorfman, William B. Eagan, Edward L. Donald Bean, Isadore H. Bellis, 65-Year Club Elwood S. Levy.

QUARTERLY MEETING maintenance of any kind of democratic search a home or to get information through this telescope of history, let government.’ Nor can we forget the even about your Web surfing activities them say of us, those like the late continued from page 1 words of President Theodore Roosevelt with minimal judicial review. It allows Judge Leon Higginbotham, when it really fight terrorism and really pro- who said in 1918 ‘to announce that for the FBI to continue to monitor tele- came to working to ensure equal provide for homeland security,” Mfume there must be no criticism of the presi- phone or email communication of tection under the law or something as said. dent or to stand by the president, right everyday hardworking Americans who simple as the basic right of people to “Long ago we learned our lesson, I or wrong, is not only unpatriotic and are not a threat without demonstrating petition their government for the prop- thought, about not speaking out in servile, but also morally treasonous to probable cause.” er redress of their grievances , that we times of war whether we were for it or the American public,’” Mfume said. “There will be those who counsel did not waver, we did not flinch, we against it. When wars are fought in the “As the war continues abroad and as you to be silent in this reactionary did not shirk from our responsibilities name of democracy, the first casualty we watch the attack on civil liberties at time. They will suggest that you look to face the issues head on during this often times is democracy itself. We home, the challenge to this historic Bar the other way and hope for the best. I time of great challenge and great hope. remember the words of Ohio Sen. Rob- Association is compounding. The refuse to stand mute when opportunity Rather, let it be said that we worked ert Taft who said, two weeks after Pearl Patriot Act, which Congress has recent- is denied and justice is deferred and I hard to protect the right to due process Harbor was attacked, ‘I believe there ly reauthorized, allows government ask you not to stand mute also,” and to protect a society of both law can be no doubt that criticism in time agents the right to seize business infor- Mfume said. and justice for those generations still of war is essential. It is essential to the mation, to seize business records, to “So when future generations look yet unborn,” he said.

24 JULY 2006 / BAR REPORTER Brandeis Scholar Helps Mark Jewish Law Day

The 24th Annual Jewish Law day was celebrated on June 7, where Phila- delphia Court of Common Pleas Presi- dent Judge C. Darnell Jones II and former President Judge Frederica A. Mas- siah-Jackson were honored for their service to the community. The event, held at the Jewish Com- munity Services Building, 2100 Arch St., was attended by more than 270 people and featured one hour of CLE Philadelphia Court of Common Pleas Judge Frederica A. Massiah-Jackson (from left), Judge Abraham J. Gafni, President Judge C. Darnell credit for lawyers who attended. Jones II, Harris T. Bock, Prof. Melvin Urofsky and Rabbi David L. Gutterman gather at the Jewish Law Day celebration on June 7. Jewish Law Day is co-sponsored by Jewish Law Day coincides with the In addition to the Shavuot holiday, year was Melvin I. Urofsky, Professor of The Brandeis Law Society, the Commit- holiday of Shavuot, the giving of the June 5 marked the 90th anniversary of Law and Public Policy at Virginia tee of Judges and Lawyers, and the Ten Commandments to the Jewish peo- the ascension to the U.S. Supreme Commonwealth University, who spoke Board of Rabbis of Greater Philadel- ple at Mount Sinai and the commemo- Court of Justice Louis D. Brandeis, who about “Louis D. Brandeis: Educator phia. This year’s co-chairs were Judge ration of the contribution of Jewish law was born 150 years ago. Extraordinaire.” A podcast interview Abraham J. Gafni, Harris T. Bock and to American jurisprudence. The event To celebrate both events, the fea- with Prof. Urofsky can be found online Rabbi David L. Gutterman. always features a Mincha Service. tured speaker for Jewish Law Day this at philadelphiabar.org. Two U.S. Magistrate Judge Positions Available

The Judicial Conference of the 28 U.S.C. Sec. 636. district court. http://www.paed.uscourts.gov or by United States has authorized the To be qualified for appointment an A merit selection panel composed of contacting the Clerk of the District replacement of two full-time United applicant must: attorneys and other members of the Court at (267) 299-7089. Applications States Magistrate Judge positions for • Be, and have been for at least five community will review all applicants must be submitted only by potential the Eastern District of Pennsylvania; years, a member in good standing of and recommend to the judges of the nominees personally and must be one Magistrate Judge will be stationed the bar of the highest court of a state, district court in confidence, at least received no later than the close of at Philadelphia, and one will be sta- the District of Columbia, the five, but not more than 15 persons business on July 24, 2006. tioned at Allentown. The appointee Commonwealth of Puerto Rico, the whom it considers best qualified. The Submit completed applications to: also may be required to preside at Territory of Guam, the Commonwealth court will make the appointment, fol- Michael E. Kunz court sessions to be held at Reading of the Northern Mariana Islands or the lowing an FBI full-field investigation Clerk of Court and Lancaster. Virgin Islands of the United States, and and IRS tax check of the applicant 2609 U.S. Courthouse The duties of the position are have been engaged in the active prac- selected by the court for appointment. 601 Market St. demanding and wide-ranging and will tice of law for a period of at least five An affirmative effort will be made to Philadelphia, PA 19106 include (1) conduct of most preliminary years; give due compensation to all qualified ATTN: Human Resources proceedings in criminal cases; (2) trial • Be competent to perform all the applicants, including women and Department Magistrate Judge and disposition of misdemeanor cases; duties of the office; be of good moral members of minority groups. The cur- Application (3) conduct of various pretrial matters character; be emotionally stable and rent annual salary of the position is All applications will be kept confi- and evidentiary proceedings on dele- mature; be committed to equal justice $151,984. The term of office is eight dential, unless the applicant consents gation from the judges of the District under the law; be in good health; be years. to disclosure, and all applications will Court; and (4) trial and disposition of patient and courteous; and be capable Application forms and more infor- be examined only by members of the civil cases upon the consent of the liti- of deliberation and decisiveness; mation on the magistrate judge posi- Merit Selection Panel and the judges of gants. The basic authority of the United • Be less than 70 years old; tion in this court may be obtained the district court. The panel’s delibera- States Magistrate Judge is specified in • Not be related to a judge on the from the District Court Web site at tions will remain confidential.

According To... What’s Your Favorite Summertime Activity? “I really like going to “I’m training to run in “I’m looking forward to the Shore and swim- the New York Marathon spending a lot of time ming. I’d like to do a lot in November, so it would with my wife this sum- of that this summer.” have to be marathon- mer.” ing.”

- James Francis - Nicole Whittington - Richard Kupersmith

BAR REPORTER / JULY 2006 25 NEW FOR 2006 – Every Legal Directory Comes With A FREE ONLINE SUBSCRIPTION!*

The Legal Directory 2006 plus The Legal Directory Online are now together at one low price! For the ﬁrst time, every hard-copy edition comes with a complimentary online subscription.

As always, both printed and online editions of The Legal Directory contain comprehensive, up-to-date listings of area law ﬁrms and attorneys. NEW FOR 2006! >>>> The online version includes many of the indispensable resources found in the printed directory – contacts for state, federal and local government agencies; listings of law-related associations, organizations and law schools; and an index of area judges. PLUS >>>> The Legal Directory Online includes valuable new features – links to local court rules, area bar associations and other content of interest to the legal community.

IT’S ALL AVAILABLE, both the printed book and expanded online resource, for one low price – $77.95 TO ORDER >>>> plus shipping and tax. Visit www.thelegaldirectory.org or contact us at 410-828-0120 ext. 503 or [email protected] to receive an order form by fax. The Legal Directory 2006 c/o Media Two, 22 W. Pennsylvania Ave., Suite 305, Towson, MD 21204

* If you have already purchased a book and need a reminder of your user name and password, please contact us at [email protected].

26 JULY 2006 / BAR REPORTER Francisco from June 26 through July 1. the Pennsylvania Convention Center. 27 and 28 in San Antonio, Tex. Vale also spoke at a conference on Pasek also served as course planner. “Drug and Medical Device Litigation: Kathleen A. PEOPLE Expert Strategies for Leading Litigators Hope A. Comisky, a partner with Drapeau, a mem- & In-House Counsel” on June 29 in Pepper Hamilton LLP, has been elected ber of Cozen Bennett G. Chicago. chair of the board of trustees of the O’Connor, served as Picker, a partner Center for Literacy, one of the nation’s a panelist at the at Stradley Ronon Richard J. Bortnick, a member of largest community-based, nonprofit “Self-Funded Stevens & Young, Cozen O’Connor, recently served as a adult literacy organizations. Insurance: The LLP and a former presenter at the 2nd Annual Good, Bad and Chancellor of the Execusummit Directors & Officers Linda S. Kaiser, Ugly” professional Philadelphia Bar Insurance Conference in New York City. a member of Cozen development meeting in New York City Association, was Bortnick discussed “21st Century O’Connor, recently at the Union League Club Library. recently presented Securities Fraud Litigation: Not Your served as a moder- Drapeau discussed ERISA and Internal with the 2nd Annual Grahovac Award Typical Insurer-Funded Settlements.” ator at the Revenue Code issues. for “vision and leadership” at the Consequences of Meritas Annual Meeting in Toronto. Eleanor M. the Catastrophes on Shawn V. Sauls, a sole practitioner, Flannery of the Risk Management discussed “What Settlement Judges Deborah Epstein Henry, founder Law Offices of and Insurance sem- Really Want to Hear: An Insider’s and president of Flex-Time Lawyers William L. inar, sponsored by and held at the Guide to Thoughts and Experiences of LLC and of counsel to Schnader Goldman, P.C. Insurance Society of Philadelphia. Settlement Judges” at a seminar spon- Harrison Segal & Lewis LLP, spoke in recently presented sored by the Brandeis Law Society, New York at a program sponsored by at the National Robert H. Brehon Law Society, Justinian Society the Hildebrandt Institute titled, Business Institute Louis, a partner and Jagiellonian Law Society. “Second Annual Forum: Best Practices seminar “Financial with Saul Ewing for Developing and Retaining Women Strategies For Your Divorce Clients.” LLP, was recently Bob Rovner, CEO of Rovner, Allen, Leaders in the Legal Profession.” Flannery spoke on the topics of child elected to the Board Rovner, Zimmerman & Nash, has been custody and support. of Managers of the appointed to the Pennsylvania Lawyers Harold M. Goldner, a sole practi- Spring Garden Fund for Client Security Board by the tioner, appeared on the panel “Em- Steven N. Haas, Soup Society. Supreme Court of Pennsylvania. ployment Issues for Nonprofits” at the a member of Cozen Rovner also has been appointed to the Pennsylvania Bar Institute Nonprofit O’Connor, recently Temple University Board of Trustees. Institute on May 18. received the “Busi- Judy ness On Board Vol- Greenwood, Daniel J. Siegel, Michael F. Snyder, an associate unteer of the Year principal share- principal in the Law with Volpe and Koenig, P.C., presented Award” by the Arts holder in the Law Offices of Daniel J. Taking Charge of Your Creativity: An & Business Council Offices of Judy Siegel, LLC, dis- Introduction to Intellectual Property to of Greater Philadel- Greenwood, P.C., cussed “Ethics for the Greater Philadelphia Chamber of phia, a nonprofit affiliate of the Greater was the course the Trial Lawyer” at Commerce’s Home Based Business Philadelphia Chamber of Commerce planner for the the April 5 lun- Network. and a chapter of the national Arts & Pennsylvania Bar cheon lecture spon- Business Council of Americans for the Institute program “The Trial of the sored by the Bonnie A. Arts. Medical Malpractice Case” on April 28. Philadelphia Trial Lawyers Association. Sheehan, an associate with Fox Nancy Winkelman, a partner with David L. Ladov, a member of Cozen Eric Rothschild, Rothschild LLP, Schnader Harrison Segal & Lewis LLP, O’Connor, recently appeared on a partner with recently participat- was a course planner and presenter of WFMZ-TV’s “Law Journal” discussing Pepper Hamilton ed as a faculty an appellate practice course at the spousal abuse and its legal and finan- LLP, was recently member at the Third Circuit Judicial Conference held cial consequences. appointed to the Pennsylvania Bar on May 2 in Farmington, Pa. board of directors of Institute’s, “The Richard M. Jurewicz, a partner the Public Interest Constitution in School: the State of Robert A. Korn, with Galfand Berger, LLP, was a course Law Center of Constitutional Issues Being Raised in a principal and planner and speaker at Pennsylvania Philadelphia. Schools Today.” Sheehan presented on member of Kaplin Bar Institute’s “Litigating the Upper the topics of school safety, search and Stewart Meloff Extremity Injury Case” on May 25. Cynthia A. Clark of Bochetto & seizure, and student discipline. Reiter & Stein, P.C., Lentz, P.C., has been appointed to the was a presenter at a Michael S. Saltzman and Krista Hearing Committee of the Disciplinary Howell K. Rosenberg, a partner Lorman Education Frankina Fiore of Fineman Board of the Supreme Court of with Brookman, Rosenberg , Brown & Services seminar Krekstein & Harris, recently spoke on Pennsylvania. Sandler, was recently inducted as fel- “AIA Contracts” the handling of insurance coverage low into the prestigious American held May 9 in Lancaster, Pa. issues and bad faith at the 2006 Claims College of Trial Lawyers at its spring Seminar of the Pennsylvania meeting in Hollywood, Fla. Andrew W. Davitt, a shareholder Association of Mutual Insurance Names Are News with Marshall, Dennehey, Warner, Companies in Harrisburg. “People” highlights news of Stephen A. Ryan, a shareholder Coleman & Goggin, participated in the members’ awards, honors or with Marshall, Dennehey, Warner, American Conference Institute’s June J. Essis and Jay Barry appointments of a civic or com- Coleman & Goggin, was a speaker at “Broker/Dealer Forum on Resolving Harris, partners with Fineman munity nature. Information may an Insurance Society of Philadelphia Customer Claims” on May 24-25 in Krekstein & Harris, led the recent be sent to Jeff Lyons, Managing continuing education course Medical New York City. National DRI Trucking Law Conference Editor, Philadelphia Bar Reporter, Malpractice Professional Liability. held in Chicago. Philadelphia Bar Association, 1101 Jeffrey I. Pasek, Sarah A. Kelly Market St., 11th floor, Philadelphia, Anthony Vale, a partner with and Anita B. Weinstein, members Marc P. Weingarten, a partner Pa. 19107-2911. Fax: (215) 238-1267. Pepper Hamilton LLP, spoke at the 23rd of Cozen O’Connor, served as presen- with the Locks Law Firm, was the co- E-mail: [email protected]. Annual Meeting of the American ters at the 12th Annual Northeast chair of the Andrews Asbestos Photos are also welcome. Society for Bariatric Surgery in San Region Employment Law Institute at Litigation 2006 Conference held April

BAR REPORTER / JULY 2006 27 WAYS TO SAY “I LOVE YOU”

856.596.8600

28 JULY 2006 / BAR REPORTER