Vol. 75, No. 1 Philadelphia Bar Association Quarterly Magazine Spring 2012

Backstage With Rock N. Roll, Esq. By M. Kelly Tillery

10 Questions for A Man of Many Deborah R. Willig Primes By Niki T. Ingram By Michael J. Carroll

Advertorial The Philadelphia L aw y e r contents Vol. 75, No. 1 Philadelphia Bar Association Quarterly Magazine Spring 2012

Features Departments

4 From the Editor by Daniel J. Siegel

6 Briefs

7 In Memoriam

9 Commentary by Peter F. Vaira Civil Practitioners Can Aid Defender Association 10 Advocacy by Richard H. Agins 24 The Impact of E-Verify on Small Business 13 Ethics 18 10 Questions for Deborah R. Willig by David I. Grunfeld Deborah R. Willig, the first woman Chancellor of the Limited-Scope Agreements Allowed Under Rules of Philadelphia Bar Association, looks back on the 20 years since Professional Conduct her term By Niki T. Ingram 15 Employment Law by Natalie F. Hrubos 24 Backstage with Rock N. Roll, Esq. Three Key Lessons Every Employer Can Learn from Chaz Intellectual property attorney represents a litany of music stars Bono By M. Kelly Tillery 42 Technology 30 Annals of Justice: by Daniel J. Siegel Circumstantial Evidence What Google’s Privacy Policy Changes Mean for Attorneys A Philadelphia lawyer dresses down in court to boost his client’s chances 46 Book Review By Steve LaCheen by Mary-Kate Breslin Law & Reorder: Legal Industry Solutions for Restructure, 32 A Man of Many Primes: Retention, Promotion & Work/Life Balance Judge Ethan Allen Doty Attorney gets to know a Court of Common Pleas judge in the 48 That Was Then - 1972 twilight of the jurist’s career Law Day U.S.A. - May 1, 1972 By Michael J. Carroll 38 Reflections on the 40th Anniversary of the Liacouras Committee A commission investigates charges of racial discrimination within the Pennsylvania bar admission process By Judge Ricardo C. Jackson 30

2 the philadelphia lawyer Spring 2012 ANNOUNCING… Philadelphia Bar Lawyer Profiles from the www.philadelphiabarlawyerprofiles.com Philadelphia Bar Association

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By Daniel J. Siegel

ometimes, it is hard to fathom the impact of this review every article and work hard to assure that every item we magazine. Yet over the past few months, I have come publish lives up to the magazine’s rich tradition; and the Bar to appreciate how many lawyers, judges and bar Association staff, who really do the major work and receive S executives not only read the magazine, but also ap- only a small share of the credit. preciate its unique focus and content. I am therefore calling upon you, our readers, to contribute In the last issue, for example, I wrote about my advisor, your stories, your insights and your knowledge to the magazine. Professor Sidney Wise of Franklin and Marshall College, and We are always in need of “department pieces,” which generally the book I am writing about his many address an area of practice or an protégés who serve in government, aspect of the law that may be business and other prominent changing. These relatively short positions – each of whom attributes items (normally around 750 words) much of his or her success to can be of great assistance to the Bar. this one influential professor. But we also welcome and encourage Within minutes of the magazine’s longer articles, on topics that can appearance (and nearly a week be as varied as our membership is before it arrived in my mailbox), diverse. If you have an idea, let us I received numerous emails from know, and we will help and guide former students and others who you. knew Sid, each offering yet another Turning to this issue, welcome tribute. As a result, just a few days to a microcosm of the rich tradition later, I met with a 3rd Circuit Judge of our Association. We have a whose career, in part, was the result wonderful “10 Questions” with of his close relationship with Dr. former Chancellor Debbie Willig, Wise. Similarly, other students who reflects on being the first offered reminiscences of how woman Chancellor 20 years after he had influenced their lives, all the fact. We also have a fascinating because they read my column. and eye-opening piece by Judge Even more impressive, however, Ricardo Jackson, who brings to life is the magazine’s reach to the Liacouras Commission, which others, who are not a part of the helps explain how far we have come Philadelphia legal community. as a profession, and how we arrived While sitting in the New Orleans here. airport on my way home from the And we also have Mike Carroll’s American Bar Association Midyear article about Judge Ethan Allen Meeting, at 6 in the morning, the Doty, who at one time was the executive director of a prominent oldest sitting judge in the country. state bar association saw me and A mentor to me, Judge Doty truly complimented me about the magazine, in particular our profile represents the good that the courts and law can do, and I have of Chancellor John Savoth. He remarked how the Philadelphia added my reminiscences to Mike’s piece. But all of these articles Bar Association has a reach far beyond the city, and how have a greater theme – the rich tradition of our Association and enlightening it was to learn about the association’s new leader. how it has in many ways been a leader in change, whether based As we were speaking, the executive director of another state on sex, on race, on religion or sexual orientation. No matter the bar association, who overheard our conversation, introduced topic, our legal community has never been afraid to do the right herself and began to praise our magazine, and the fact that thing. Hopefully, that message comes through in these articles. our content is far different, and at times far more compelling, Enjoy. than the information published by most other bar association publications. Daniel J. Siegel ([email protected]), the editor-in-chief of The Of course, the reason why The Philadelphia Lawyer is so Philadelphia Lawyer, is a local attorney who operates the Law Offices popular is the result of three factors – our loyal readers, who of Daniel J. Siegel, LLC and is the president of Integrated Technology contribute a wide array of material; our Editorial Board, who Services, LLC.

4 the philadelphia lawyer Spring 2012 The Philadelphia Lawyer

Editor-in-Chief Daniel J. Siegel

Editorial Board Niki T. Ingram Jennifer J. Snyder Justine Gudenas Steven R. Sher May Mon Post David I. Grunfeld Stephen Robert LaCheen Harold K. Cohen John C. Gregory Richard G. Freeman April M. Byrd Emmanuel O. Iheukwumere Audrey C. Talley Michael J. Carroll James Backstrom Peter F. Vaira Deborah Weinstein M. Kelly Tillery Kim R. Jessum

Editor Emeritus Herman C. Fala

Associate Executive Director Mark A. Tarasiewicz

Senior Managing Editor Jeff Lyons

Design Wesley Terry Philadelphia Bar Association

Chancellor John E. Savoth Chancellor-Elect Kathleen D. Wilkinson

Vice Chancellor William P. Fedullo

Secretary Sophia Lee

Assistant Secretary Jacqueline G. Segal

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

the philadelphia lawyer Spring 2012 5 help wanted ■ Bdiscounts ■ givingrbacki■ inefmemoriam ■ smartsevidence ■ recruiting BriBri efef ss

More Than One Fourth of Lawyers To Hire in Second Quarter

ore than one-quarter (26 percent) of lawyers M surveyed plan to hire full- time legal staff during the second quar- ter of 2012, while 4 percent anticipate staff reductions, according to figures from Robert Half Hiring Index. hiring activity projected last quarter. Legal. “As the number of bankruptcies, The net 22 percent increase in hiring Lawyers interviewed plan to add an foreclosures and lawsuit filings activity compares with a net hiring average of two full-time positions. continues to increase, the need for increase of 27 percent forecast in the • The three most in-demand positions legal counsel in these areas should first quarter of this year. Fifty-seven are lawyers (85 percent), paralegals remain strong. Law firms are recruiting percent of attorneys polled expect no (39 percent) and legal secretaries (24 experienced candidates to expand change in staff levels in the next three percent). lucrative practice groups and pursue months. More than half (59 percent) • The practice areas expected to new business opportunities.” of lawyers said it is challenging to see the most growth in the second “To manage rising caseloads find skilled legal professionals, up quarter are bankruptcy/foreclosure, and supplement the work of full- eight points from the previous quarter. litigation and general business/ time employees, many law firms Hiring activity is expected to take commercial law. and corporate legal departments are place predominantly at law firms, and • Fifty-nine percent of lawyers said it bringing in legal professionals on a bankruptcy/foreclosure is the practice is challenging to find skilled legal project basis who possess expertise in area predicted to see the most growth professionals, up eight points from key areas,” Volkert said. “Experienced, in the coming months. Among the most the previous quarter. tech-savvy paralegals who can take significant findings: “Hiring is expected to remain active on increased responsibilities, such as • The net 22 percent of lawyers as law firms see renewed demand for assisting with document management expecting to hire is down five points their services,” said Charles Volkert, and discovery-related projects, are from a 27 percent net increase in executive director of Robert Half highly marketable.” New Court Reporting Services Benefit for Bar Members

he Philadelphia Bar Available around-the-clock with offices Association is now offering in Center City and the suburbs, Love T its members a substantial Court Reporting offers meeting rooms, discount on court reporting services videography and videoconferencing at offered through Love Court a moment’s notice. Reporting, Inc. Available exclusively and mention your Philadelphia Bar Love Court Reporting is a full-service to Association members, the special Association membership. Plus, your company with U.S. and worldwide discounted pricing and other exclusive first transcript is half off the discounted coverage. Their experienced certified benefits provide significant saving rate! and registered court reporters provide over standard rates. The larger your Love Court Reporting clients receive high-quality service including real- needs, the more you save! individualized customer service from time reporting along with a wide range Call Love Court Reporting at 215- the company that was voted “Best of technical and complex litigation 568-5599 for discount pricing details, of 2011” by The Legal Intelligencer. experience. Reporters are strategically

6 the philadelphia lawyer Spring 2012 located throughout the U.S. This court reporting services exclusively complete coverage allows clients to for Philadelphia Bar Association have a single point of contact for all of members. Discounts only available to their court reporting needs. counsel taking the deposition in the Get Published in Love Court Reporting is the only states of Pennsylvania, New Jersey and official provider of discounted Delaware. 59 percent of Millionaires Feel The Editorial Board of this mag- Obligated to Give Back azine welcomes submissions from attorneys and other pro- merica’s millionaires recog- suggests. fessionals who wish to share nize that with their wealth “It is encouraging to see that their expertise on law-related A comes responsibility to help millionaires, considering today’s topics. America through its challenges, accord- economic headwinds, recognize a ing to survey findings by PNC Wealth personal responsibility to give back Articles must be original and Management. to perpetuate the legacy of a ‘cared previously unpublished. More than half of the millionaires for society,’” said R. Bruce Bickel, surveyed feel an obligation to “give senior vice president of PNC Wealth Manuscripts should adhere to back” and few are concerned with their Management. “While constantly re- the following word counts: ability to give, according to the eighth evaluating one’s financial position to annual Wealth and Values Survey, determine where, to whom and how entitled “Responsibility and Money: much one can give, the wealthy may * Major Law-Related How the Wealthy View Their Role in be guided not by the wallet, but by the Articles: 2,000 words * Other Law-Related Society” that was conducted from Sept. heart.” Features: 1,500 words 15 to Oct. 11, 2011. * General Interest: 1,500 words Despite the continued trials of * Fiction: 1,000 words the U.S. economy since 2008, * Practice Areas: 750 words the number of millionaires who * Essays or Humor: 750 words believe “I have an obligation to * Book Reviews: 750 words give back to my community” has The PNC Financial Services Group, Inc. (PNC) remained stable under this survey. This uses the service marks “PNC Wealth Manage- year, 59 percent agree or strongly agree, ment,” “PNC Institutional Investments” and For more information the same number as in the 2008 survey. “Hawthorn PNC Family Wealth” to provide about submitting articles, Meanwhile, the number of millionaires investment and wealth management, fiducia- e-mail: [email protected]. concerned about their ability to give to ry services, FDIC-insured banking products charities has declined to 11 percent from and services and lending of funds through its 20 percent in 2008, according to the subsidiary, PNC Bank, National Association, survey of 555 millionaires. The survey which is a Member FDIC, and uses the service also revealed that 21 percent of these marks “PNC Wealth Management” and wealthy donors plan to increase their ■ ■ “Hawthorn PNC in Memoriam giving, while 46 percent plan no change Family Wealth” to and 22 percent intend to cut back on the provide certain fi- amount they give to charity. In addition, duciary and agency Richard Curtis Steven Dranoff 70 percent believe they bear a special services through its Dec. 18, 2011, Age 67 Jan. 22, 2012, Age 68 responsibility in society to help the less subsidiary, PNC Dela- fortunate, and 64 percent believe they ware Trust Company. I. Steven Levy Antoinette R. Stone Jan. 7, 2012, Age 54 Jan. 30, 2012, Age 65 should give substantial sums to charities PNC does not provide to improve society. legal, tax or account- Allan L. Marmon John P. Kelley The survey asked about billionaire ing advice. Jan. 11, 2012, Age 73 Feb. 21, 2012, Age 74 Warren Buffett’s call on wealthy Investments: Not individuals to pay more in taxes as well FDIC Insured. No Bernard L. Siegel Please send In Memoriam notices to [email protected]. as give more to charitable causes. Nearly Bank Guarantee. May Jan. 17, 2011, Age 73 half, 49 percent, said they agreed with Lose Value. Buffett, but did not believe they “are in ©2012 The PNC Fi- Have you considered a contribution to the Philadelphia Bar the same league” as he is, while more nancial Services Foundation in memory of a deceased­ colleague? Group, Inc. All rights For information, call Lynne Brown, than one-fifth (22 percent) agree that Foundation Acting Executive Director, at 215-238-6347. they are able to help in the way Buffett reserved.

the philadelphia lawyer Spring 2012 7 More Smart Phone Evidence Being Used in Divorce

eople are using their smart written records of someone’s thoughts, phones for almost everything actions and intentions.” P these days and the evidence Overall, 92 percent of AAML is now following them into divorce members cited an increase in the use court. A resounding 92 percent of the of evidence taken from smart phones nation’s top divorce attorneys say during the past three years, while 8 that they have seen an increase in the percent have said no change. Also, number of cases using evidence taken 94 percent of respondents have noted from iPhones, Droids, and other smart an increase in text message evidence phones during the past three years, during the same amount of time, while according to a recent survey of the 4 percent have seen a decrease, and 2 American Academy of Matrimonial percent observed no change. As far as Lawyers. In addition, 94 percent of the inevitably be more and more evidence the most common forms of evidence respondents have cited an overall rise that an estranged spouse can collect,” taken from smart phones, text messages in the use of text messages as evidence said Ken Altshuler, president of the hold the top spot at 62 percent, emails during the same time period. American Academy of Matrimonial follow at 23 percent, phone numbers “As smart phones and text messaging Lawyers. “Text messages can be and call histories at 13 percent, and become main sources of communication particularly powerful forms of evidence GPS and Internet search histories each during the course of each day, there will during a divorce case, because they are at 1 percent. Firms Increase Recruiting at Law Schools, NALP Finds

ntry-level recruiting has not following an approximately 18 going forward. I would anticipate returned to the robust levels percentage point jump the year before, volatility in the recruiting market for E found in the years leading those jumps coming on the heels of some time. For instance, 2012 is off to up to the recession, but 2011 marked a 2009 rate that plunged to only 69.3 a slow start economically for law firms, the second year in a row in which law percent. At 91.4 percent, the 2011 and we may see that reflected in the firms returned to law school campuses offer rate is the second highest in more recruiting numbers this August.” in somewhat greater numbers than the than 17 years, topped only by the 92.8 In 2011, both law schools and year before after slashing their recruit- percent rate measured in 2007. The law firms reported a net increase in ing efforts in 2008 and 2009, according offer acceptance rate for these summer recruiting activity as measured by the to NALP’s Perspectives on Fall 2011 offers, after dipping slightly in 2010, number of campus visits made, though Law Student Recruiting. returned to 85 percent, very close to in the aggregate both schools and firms Despite the additional recruiting the rate of 84.5 percent for 2009. It reported both increases and decreases, volume, law firms continue to bring in is important to keep in mind that the with the numbers reporting increases small summer classes, barely increasing average summer class size did not edging out those reporting decreases in class size from recession-era lows. By increase from its historic recession- almost every market. contrast, offer rates have returned to driven size, remaining at just 8 for the While law firm recruiting activity the highs seen before the recession as second year in a row, while the median and volume vary greatly from one firms follow through with their stated class size bumped up by one, from 4 to office to another, these national intent to make offers to the majority of 5. Only 18 percent of offices reported aggregate numbers clearly demonstrate their summer associates when they can. returning to the market to look for 3Ls that recruiting volumes continue to For the third year in a row, few firms who had not previously worked for inch up for the second year in a row as ventured back into the 3L market, and them, and of those, one-quarter made law firms try to gauge the new normal. thus, students with offers from their no offers at all. Of those offices that It seems clear that in the near future summer program found few competing made an offer, most made only one. summer class size is not likely to return offers on the table. Between that and (This compares with 42 percent of to what is was before the recession, smaller class sizes, it is no surprise that offices recruiting 3Ls in 2007 and 53 and in fact may never return to what the overall acceptance rate of offers percent in 2006 on the high end, and it was in 2007. Competition for one of from summer programs remained at on the other end of the scale, a bare 3 the coveted summer associate spots is historic highs in 2011. percent in 2009.) likely to remain keen for the foreseeable For members of the Class of 2012, “This is not a hot recruiting market,” future, as law firms are likely to remain those who were summer associates says James Leipold, NALP’s executive conservative in their overall approach in 2011, the offer rate for entry-level director. “But this sort of modest growth to entry-level hiring. associate positions climbed up four may well represent the best we can percentage points, to 91.4 percent, hope for with year on year comparisons

8 the philadelphia lawyer Spring 2012 COMMENTARY By Peter F. Vaira Civil Practitioners Can Aid Defender Association Witness Interviews, Document Analysis a Boost to Defense

ecently, I gave a copy of the book “Actual Innocence” by Barry Scheck to a law firm R senior partner, a com- mercial litigator in Philadelphia. “Actual Innocence” contains descriptions of the many convictions that the national Inno- cence Project has overturned as the result of DNA testing. The convictions were overturned because the defendants were innocent despite eyewitness testimony or false confessions of the defendants. The attorney’s letter to me was dramatic and disturbing. “This book was a compelling read. The description of how seemingly commonplace investigative techniques can be so fundamentally flawed and manipulated was eye-opening. As a commercial lawyer, my experience with the criminal process was limited to re- runs of “Law and Order” for the most part. On the TV show, the innocent are never found guilty, eyewitness testimony is always reliable, defense counsel are never overwhelmed by their caseload, and the investigators seek only truth, not the speedy closure of open cases no familiarity with the criminal practice. are necessary in the defense of a case. ending with the incarceration of the Many of these practitioners could be a Public defenders are very strapped for “guilty” party. This volume taught valuable asset to the overworked public help in these ancillary tasks. me that the reality of the criminal defenders. I am not advocating that the I will guarantee the lawyers justice system bears no close civil practitioners devote weeks of their participating will find it fascinating and, resemblance to the well-ordered time to assisting the public defenders. I predict that if an attorney performs system portrayed on television. That is unrealistic. I am suggesting that such tasks, he or she will not give it up Rather, it is chaotic, biased and, the civil practitioners donate a few hours and continue throughout their career. more importantly, institutionally a month to assist the public defenders In addition, it will certainly provide unwilling to acknowledge that who could use assistance on the practical some investigative skills for their own mistakes can and are frequently aspects of defense. I am referring to practice. I will make this proposal to the made in a rush to judgment. This interviewing witnesses in scattered Public Defender and the Philadelphia book ought to be required reading locations, reviewing and analyzing Bar Association. for all new lawyers.” documents, locating witnesses for the I bring this to the reader’s attention sentencing hearing, organizing exhibits, Peter F. Vaira ([email protected]) because it presents an opportunity. At obtaining police reports, or writing a a principal with Vaira & Riley, P.C., is least 80 percent of the bar is comprised motion and brief. These call for half- a member of the Editorial Board of The of civil practitioners who have little or day spans of time, but are tasks that Philadelphia Lawyer.

the philadelphia lawyer Spring 2012 9 Advocacy By Richard H. Agins Verifiably Complicated The Controversial Impact of E-Verify on Small Business

-Verify is an Internet- based system operated by the Department of Homeland Security E (DHS) in partnership with the Social Security Administration. It allows employers to electronically verify the employment eligibility of newly hired employees based on their immigration, naturalization or citizen- ship status. Simply stated, E-Verify is an immigration enforcement tool and, as with all issues related to immigration, there is hot debate both pro and con. Because E-Verify can only be used once a worker is hired, employers have complained that they have hired and begun to train workers only to discover once they have performed the required database check that their new hires are ineligible to work. Businesses utilizing E-Verify must display the DHS’s E-Verify participation poster in both English and Spanish and the Department of Justice’s “Right to Work” poster at their hiring sites. E-Verify is not yet universally mandatory and does not replace the requirement to complete and retain the Form I-9, Employment Eligibility Verification. Rather, it verifies employment authorization based on the information provided on eligibility of employees performing individuals’ failure to report name the Form I-9. However, there currently direct, substantial work under those changes after marriage or changes in is legislation before Congress, such as federal contracts and of new hires citizenship status. In addition, because the Senate’s “Accountability Through organization-wide, whether or not of their reliance on immigrant workers, Electronic Verification Act” and the working on those contracts. In 2011, the the construction, service and farming House’s “Legal Workforce Act” and U.S. Supreme Court decided that states industries have strongly opposed “Jobs Recovery by Ensuring a Legal may constitutionally mandate the use of E-Verify, fearing that they wouldn’t American Workforce Act,” that seeks to E-Verify and a number of states already be able to recruit enough workers if make the use of E-Verify mandatory for have done so. Other states, however, immigration laws were more strictly all businesses irrespective of size. have specifically prohibited the use of enforced. As of Oct. 1, 2007, all federal E-Verify in certain situations where its Data compiled by Bloomberg shows government agencies were required use is not specifically pre-empted by that small businesses would have had to to utilize E-Verify. Beginning Sept. 8, federal law. spend upwards of $2.5 billion in 2010 had 2009, employers with federal contracts Many critics of E-Verify cite its E-Verify been mandatory – businesses or subcontracts containing the Federal inaccuracy in finding unauthorized comprising 99.7 percent of American Acquisition Regulation became subject workers, but many of the reported companies responsible for 64 percent of to mandatory utilization to determine errors have been found to arise from new jobs created during the past 15 years.

10 the philadelphia lawyer Spring 2012 The GAO has called DHS’s estimated $800 million four-year cost of running mandatory E-Verify as “minimally credible,” meaning that the actual figure could be substantially higher.

The range of first-year costs to a small small businesses without designated computer upgrades, or the services of a business for implementing E-Verify has human resources departments, this will rash of “designated agents,” springing up been estimated at $1,254 to $24,422 place an additional burden upon owners with promises to handle the verification (with each subsequent year costing and staff already shouldering multiple process on a third-party basis for a approximately $435). The Government responsibilities. substantial fee. Employers operating Accountability Office has called DHS’s Employers will have to abide by in multiple states may face a series of estimated $800 million four-year cost various administrative requirements conflicting laws and regulations that will of running mandatory E-Verify as including posting notices, becoming add to their administrative burden and “minimally credible,” meaning that familiar with the 68-page E-Verify increase the possibility of unintentional the actual figure could be substantially manual, and issuing specified violations carrying substantial penalties. higher. Moreover, the required tutorial written “right to appeal” notices to And although federal law protects to enroll in E-Verify takes between five employees who receive tentative “non- employers from liability for “good faith and six hours, after which the employer confirmation” notices. In addition, reliance on information provided” by must be tested on the information before employers will require either high- E-Verify, they remain potentially liable being registered in the program. For speed Internet connections and possible for any federal discrimination claims

the philadelphia lawyer Spring 2012 11 Small businesses complain that the cost of E-Verify will be enormous.

or violations of the various procedural in particular, will be hard-hit by the Certain groups advance the argument requirements that must be followed in requirement to use E-Verify and they that comprehensive immigration reform, using the system. seem to embody the adage that “change including a path to citizenship, would South Carolina presents a microcosm imposed is change opposed.” reduce the underground economy, of the E-Verify debate. Small businesses The Main Street Alliance, a national adding $1.5 trillion to the economy over in South Carolina soon will have to use network of small business owners 10 years. E-Verify to check the eligibility of all committed to speaking out on the In light of the continuing debate over their workers. Non-complying small important issues facing their businesses’ comprehensive immigration reform, the businesses could lose their license to local economies, has submitted a letter lobbying efforts of opposing factions and operate in the state. This has placed to the House Judiciary Committee the sharp divisions within Congress, the an added responsibility on the South outlining the job-killing impact of fate of mandatory E-Verify utilization Carolina Department of Labor to monitor E-Verify upon small business, its by small businesses is uncertain. What compliance and educate employers, workforce and the economy. The is certain, however, is that it will which effort is expected to be ongoing Main Street Alliance views E-Verify impose additional costs and burdens and through the end of 2012. In the view of as a litmus test to determine which ultimately may not eliminate the ills it many conservatives in the state E-Verify legislators are truly in favor of small was designed to cure. is desirable, whereas in areas of limited business and which are against it. Small broadband connectivity – principally businesses complain that the cost of Richard H. Agins ([email protected]) is rural areas – using the system promises E-Verify will be enormous both in an attorney with Sigman & Zimolong, LLC. to be problematic. Further, the ACLU terms of employer compliance and lost in the state has expressed concerns productivity as workers take time off to with the system’s inaccuracy. Farmers, correct mistakes caused by the system.

12 the philadelphia lawyer Spring 2012 Ethics By David I. Grunfeld Ghostwriting Limited Scope Agreements Are Allowed Under Pennsylvania Rules of Professional Conduct

an you represent a client “behind the scenes?” That is, can you help draft a plead- C ing, such as a complaint or answer to complaint, or review or draft a contract, without disclosure of your representation to the other side or to a court? This thorny question was addressed recently at length by a formal opinion issued jointly by the Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility and the Philadelphia Bar Association Professional Guidance Committee, No. 2011-100, titled “Representing Clients in Limited Scope Engagements.” We all know that a lawyer may be engaged by a client to handle all aspects of a matter. On the other hand, there may be a more limited relationship in which the lawyer is engaged only for a discrete task, or a consultation, as part of a larger matter in which the client will otherwise act pro se. In particular, in these economic times, the client may wish, due to financial concerns, to act as his or her own representative, with the seeking of legal advice only when or as needed. When legal services are provided in part, but not all, of a proceeding or transaction, this practice has been referred to as “discrete task representation,” “limited scope representation” or “unbundling of legal services.” When this kind of representation involves working with pleadings for submission to a tribunal, it is often referred to as “ghostwriting,” not meant to be a pejorative term for the purpose of this discussion. Professional Conduct. client if litigation ensues. The issues are whether there are Certainly a lawyer could be engaged Another example is limiting the scope ethical concerns in such representation, to attempt to negotiate settlement of a of a lawyer’s representation by capping and whether there are duties to dispute. That engagement ends with an the fee or number of hours to be worked. reveal the lawyer’s existence to the agreed resolution, or a determination The committees concluded that the adversary or tribunal, in light of the that an impasse has been reached, and Rules of Professional Conduct permit, applicable Pennsylvania Rules of the lawyer is not bound to represent the and indeed even arguably encourage,

the philadelphia lawyer Spring 2012 13 When this kind of representation involves working with pleadings for submission to a tribunal, it is often referred to as “ghostwriting.”

limited scope engagements. confirmed in writing pursuant to R. dealing with unrepresented parties (R. R. 1.2(c) provides: “A lawyer may 1.5(b), which requires a fee letter to all 4.3) and dishonesty (R. 8.4), deal with limit the scope of the representation new clients, specifically memorializing specific situations that do not implicate if the limitation is reasonable under the limitations on the scope of this issue. the circumstances and the client gives representation, that is, what the lawyer The committees stated that entering informed consent.” R. 6.1 exhorts a will and will not be doing. into a limited representation agreement lawyer to “render public interest legal Of course, the full panoply of other without disclosure is not inherently service,” going on to mention doing rules are triggered by the engagement, dishonest or problematic, as long as so at no fee or reduced fee to persons meaning the same obligations inherent representation by either the lawyer or of limited means. R. 6.5 anticipates in a plenary representation: the client is not denied when confronted limited scope engagements by referring R. 1.2, Diligence with, and it is not in any way taking to participation in nonprofit and court- R. 1.4, Communication advantage of the court’s possible appointed legal service programs, R. 1.6 and 1.9, Confidentiality leniency toward pro se litigants. In performing discrete tasks on a short- R. 1.7, 1.8, 1.9, 1.10, 1.11 and 1.12, fact, in Pennsylvania, the committees term basis. It is clear that all this applies Conflicts said, pro se litigants are not excused whether or not any fee, or a reduced fee, There are other factors to remember. from adherence to the rules, and should is charged, but lawyers must keep in The lawyer should not allow his or not expect special accommodation. mind that approval must occasionally her services to be used to engage in Finally, the committees felt that be gotten from a tribunal for certain action the lawyer could not do himself requiring disclosure would frustrate fees, such as Social Security disability or herself. That would violate R. and possibly negate the purpose of or workers compensation claims. 8.4(c). The lawyer should not allow R. 1.2’s explicit allowance of limited Under R. 1.2(c), “reasonableness” his or her services to be used to assert scope engagements. Lawyers should means consideration of all factors meritless claims. That would violate R. not be forced to be in the whole case under the circumstances, for the 3.1. The lawyer should not allow his or not at all. lawyer, even one operating under a or her services to be used to make a All that having been said, caveats are limited time engagement, must still false statement of material fact, or fail in order. First, a reminder that providing render competent representation, to disclose a material fact, to a third limited assistance does not insulate with sufficient knowledge, skill, person. That would violate R. 4.1. a lawyer from all other disciplinary thoroughness and preparation as is In short, the lawyer should act as if consequences, as discussed above. necessary. he or she is fully aware of all of the The legal services rendered and work “Informed consent” means the client facts and issues, as if the lawyer was product produced must comply with the knows and understands the limited engaged in a full representation, to Rules and usual standard of care. scope of the engagement, after the avoid the foregoing problems. Second, disclosure may be required lawyer has communicated adequate The committees further concluded by other rules, such as those of a information and explanation of the risks that a lawyer is not required to disclose specific court, tribunal, judge or and reasonably available alternatives, a limited scope engagement to an government agency, and counsel should in other words, the advantages and opposing party or counsel, or to a court check this out before entering into the disadvantages of such a relationship. in a litigation matter. Some other courts engagement. The giving of consent requires an and bar association ethical guidance All of the foregoing should be kept in affirmative response from the client, committees have opined otherwise, for mind when considering the undertaking and the taking of consent requires the various reasons. of a limited scope engagement in the lawyer to determine that the client has There is no specific rule the nature of “ghostwriting” or otherwise. sufficient capacity to give it, in terms committees pointed to in reaching their of mental ability and language skills, conclusion, except to say that there is David I. Grunfeld (DGrunfeld@ for instance. Being mindful of this is no rule requiring disclosure, and any Astorweiss.com), of counsel to Astor Weiss a consideration for risk management prohibitions in the rules dealing with Kaplan & Mandel, LLP, is a member of issues as well. candor to the tribunal (R. 3.3), candor the Editorial Board of The Philadelphia The engagement should be to the adversary (R. 3.4), fairness in Lawyer.

14 the philadelphia lawyer Spring 2012 Employment Law By NaTALIE F. Hrubos How to Build a Trans-Inclusive Work Environment Three Key Lessons Every Employer Can Learn From Chaz Bono

ast year, publication of Chaz Bono’s book “Transition: The Story of How I Became L a Man” generated unprec- edented interest among mainstream media outlets in the challenges faced by transgender communities. Although the media attention surrounding Bono has focused predominantly on the social and physical aspects of his gender transition, in a May 2011 interview, he told New York Magazine the most pressing issue facing the trans community is workplace discrimination. Studies certainly show that transgender individuals disproportionately experience both unemployment and workplace mistreatment, and, currently, no federal law expressly prohibits discrimination in employment based on gender identity. Nonetheless, in the absence of any federal law, legal protections are emerging for trans employees at state and local levels. In fact, in 2011, four states – Massachusetts, Connecticut, Nevada and Hawaii – enacted legislation outlawing discrimination against transgender workers, which brought the total number of states with trans- inclusive non-discrimination laws to 16. Pennsylvania is not one of the 16 states that prohibit employment discrimination based on gender identity. Nonetheless, transgender employees in Pennsylvania are not necessarily without any workplace protection. To the contrary, 27 municipalities across the state have passed local ordinances that ban workplace discrimination based on gender identity. Eight of these (Montgomery County); Newtown Promote gender self- local ordinances were passed in 2011. Borough; Whitemarsh Township and determination at work. Cheltenham Township passed the 27th Jenkintown. Creating a trans-inclusive work last month. Other local municipalities that In light of these emerging legal environment necessarily involves have enacted bans include Swarthmore; protections, this article focuses on how affirming and supporting each Lower Merion Township; West Chester; employers can build a transgender- individual’s right to self-determine Landsdowne; Doylestown; Haverford; inclusive work environment with three gender. Self-determining your gender Conshohocken; Springfield Township key strategies from Bono’s book. means that you alone know what gender

the philadelphia lawyer Spring 2012 15 Be “out” about your commitment you are; you make your own choices about how you will to trans inclusion. express your gender; and you make these determinations without experiencing any resistance or negative consequences In “Transition,” Bono wrote about his fear that the world in any aspect of your life, including work. In “Transition,” would react negatively to his gender transition. He explained: Bono explains how difficult it was for him to function in a Transitioning often leads to loss of jobs, friends, spouses, world where other people decided how to refer to his gender and family members. And even when relationships aren’t and how he must express his gender. Regarding his early severed, they are often pushed almost to breaking points. career ambitions, he said: Before I made my decision to start the process, I was I remember thinking at that moment how cool it terrified about how all of those I was close to would would be to run for office one day. I began to envision handle and feel about my transition. . . . At that time I my own career in politics and how proud I’d be to serve was still convinced that if people knew my secret, they my country. But then it occurred to me that I’d have to would respond with open hostility. . . . I couldn’t conceive be called a “congresswoman” – and that one word just that anyone could possibly understand or accept me if I stopped me short. transitioned. About his music career, he further explained: Just as Bono felt paralyzed by the hostility and non- Appearance is a major aspect of the music business. acceptance he believed he would experience if he transitioned, . . . Nothing made me feel trans employees are, more more uncomfortable and often than not, similarly fearful disconnected from myself than that their employers and co- having to get into full hair and workers will mistreat them if makeup and whatever outfit they come out as trans. the stylist chose for me. Then These fears are not I’d have to pose like a woman unfounded. According to a while somebody took my Trans people’s recent survey, 90 percent picture. For a man living in a of trans and gender non- female shell, even a man who negative workplace conforming individuals didn’t yet know he was a man, report that they have directly this ordeal felt degrading and experiences and experienced harassment or humiliating. mistreatment at work or felt Certainly, these anecdotes diminished employment forced to take protective reflect the importance of actions that negatively gender self-determination for opportunities impacted their careers or their trans people’s success in the well being, such as hiding who workplace. stem largely from they were, in order to avoid Moreover, this concept of workplace repercussions. Fifty gender self-determination is transphobic bias and percent of respondents reported often reflected in interpretive harassment based on their compliance guidelines for trans- misconceptions about status as a transgender person. inclusive non-discrimination Forty-seven percent said they laws. For example, the Gender trans people’s lives. had experienced an adverse job Identity Guide published by outcome, such as termination, the Philadelphia Commission due to being transgender or on Human Relations provides gender non-conforming. that unlawful gender identity These statistics are eye- discrimination under the Fair opening. Employers, however, Practices Ordinance includes persistently referring to an have an opportunity – and, in some cases, an obligation – employee using pronouns that are not gender identity- to create change. Although employers increasingly include appropriate; refusing to treat an employee in accordance with gender identity and expression in their non-discrimination that person’s gender identity; prohibiting an employee from policies, more is necessary to create and maintain an inclusive using a gender identity-appropriate restroom or locker room; work environment where trans employees are safe and can be inquiring into an employee’s transition-related surgical or open about who they are without fear of repercussion. medical history; and requiring an employee to provide legal The existence (or non-existence) of internal resources or medical documentation as a precondition to allowing that for trans employees can send a powerful message to your employee to express their gender identity at work. workforce about your organization’s commitment to trans Although not every jurisdiction has outlawed gender inclusion. Written materials, such as the employee handbook identity discrimination, proactively adopting workplace or company intranet site, can be used to reinforce messages policies and practices that affirm each individual employee’s of inclusion and to communicate workplace policies and right to gender self-determination is a critical component of processes that are relevant and useful to trans employees. inclusion. These written materials are especially critical resources for trans employees who are not out at work and/or do not feel

16 the philadelphia lawyer Spring 2012 comfortable discussing their gender could not possibly take on the task into new hire orientation programs is a with management or their co-workers. of educating everyone around him. key first step. Supervisors and human Many companies, including numerous Specifically, he said: resources personnel, however, can law firms, have also begun to establish I experienced another incredible usually benefit from additional, more and actively support LGBT employee moment of clarity about myself. I extensive training and resources on, resource groups. These groups can understood for the first time that I among other topics, identifying and empower trans-identified attorneys to couldn’t focus on how others were treating workplace exchanges that build community and increase visibility going to react if I transitioned. I reflect transphobic bias. within their companies. Other effective could not possibly control their In light of emerging legal protections ways for employers to visibly support reactions, their feelings, their for trans employees, as well as trans employees include participating in behaviors toward me. I had been the positive impact that diversity career fairs directed at trans and gender so consumed with not upsetting and inclusion is known to have on variant job candidates; supporting anyone, but I could not continue businesses, it is no wonder that community organizations and events deferring my own needs. Now I employers are increasingly working focused on trans equality; and using accepted that these people were toward trans competency and inclusion. trans-inclusive, culturally competent all adults. It wasn’t my job to Employers that promote gender self- language and images in marketing and make them okay; they had to make determination at work; are visibly advertising initiatives. themselves OK with me. committed to trans inclusion; and Educate yourself and your This advice is equally useful for provide trans-competency training workforce. employers. Although they certainly to their workforce are well on their Trans people’s negative workplace can and should seek input from trans way to creating a supportive and experiences and diminished employees, employers cannot rely on engaging work environment for employment opportunities stem community members to educate them trans employees. largely from transphobic bias and or their workforces. Instead, employers misconceptions about trans people’s should take the initiative to develop Natalie F. Hrubos (NFHrubos@ lives. Bono explained how other cultural competence and educate their duanemorris.com) is an associate in people’s biases delayed his transition employees. the Employment, Labor, Benefits and and negatively affected his quality of Incorporating gender identity Immigration Practice Group of Duane life. He recognized, however, that he discrimination and harassment training Morris LLP.

the philadelphia lawyer Spring 2012 17 Qu1es0tions for Deborah R. Willig first woman Chancellor of the Philadelphia Bar Association

Interview by Niki T. Ingram

t’s been 20 years since Deborah R. Willig served as Were you conscious of being a trailblazer? the first woman Chancellor of the Philadelphia Bar I wasn’t as conscious about it then as I am now. I am and will always be the only person who can say, “I was Association. Since 1979, she’s been a principal in the first woman Chancellor.” And when I say it, while I her own firm that concentrates in labor law. She’s am humbled by it, it also makes me proud. I think in the served as chair and vice chair of a number of Bar 1980s, I was probably more conscious frankly, of the I sexism I faced. At that time, only one other person had Association committees as well as on the Bar Foundation run in a contested election for Chancellor twice. All of Board of Trustees. the others, who had run once and lost, had a clear field the next time. They did not run in another contested Niki Ingram: There have been four women Chancellors race. I remember getting a call in my office the day after the since you were Chancellor and there’s one on deck. 1986 election from Bernie Borish, may his soul rest in peace. Would you have thought there would have been more He was one of the people who had run and lost and the second women after you? Less women? Or is it about what time around, had no contest. He said, “I know what you’re you thought? thinking. You’re thinking you’re going to do it again starting tomorrow morning and I’m telling you, take a year off, take Deborah R. Willig: It’s about what I thought. There will a deep breath, get back to work and run the following year.” have been five in 20 years. It took how many years to get the And that was kind of my game plan. But it wasn’t the game first one? 182? I was taught by my parents and some of my plan of others. I think a lot of people perceived that a woman mentors that you don’t “start at the top.” It took a long time for would be an easier candidate to defeat. No, I don’t think I saw women to get to places within the Association from which you it as trailblazing. It was more a situation of trying to fight off got the experience to run for the Board of Governors and for the inherit sexism in the profession at that time. For example, Chancellor. What I think is terrific about all the women who in the first race, a letter was mailed to all of the women in the have served as Chancellors, is that they’ve all been active in association signed by four women lawyers saying support [my every echelon of the Bar Association. They’ve been active in opponent] because Deborah Willig is not the “right kind of committees. They’ve been committee chairs. They worked their woman.” The not-so-subliminal message was: She’s too much way up to the Board of Governors. They all earned it. They are of an activist. I’m not demure. I was not and am not afraid to all talented, and I think they all had that broader vision. They’ve take on people and debate controversial issues. I represent labor all been terrific Chancellors and I think Kathleen Wilkinson unions and I am political. I think that scared a lot of people – will be a great Chancellor as well. including, unfortunately, some women.

18 the philadelphia lawyer Spring 2012 PHOTOGRAPHED BY John Carlano

How do you view sexism in the profession at this on our website; people see part time and people hear by word point in time? of mouth. We frequently meet with young lawyers, and they I think it’s changed dramatically. Has it gone away? No. I don’t tell us that they’ve checked us out and believe our firm is a think sexism will ever go away as long as women continue to good place to work and that we’re family friendly. The truth have the primary parenting responsibility, because that is part is, we’ve been family friendly for 31 years. of the issue. I think the hiring disparities are all but gone; the Somehow we sent that message and we’re rewarded by salary disparities are pretty much gone. I believe that there being able to hire people who ultimately became partners are still differences for women in opportunities in partnership who all think the same way. You know, when the first Bar tracks, and partnership levels. The practice of law has changed Reporter came out in 1992 which included the story about dramatically in the last 36 years. The emphasis now in a the new Chancellor, Alan Feldman, whose firm is a tenant partnership decision is more on rainmaking and less on the upstairs, came down into my office and said “I’m really value of being a good lawyer. sorry, I really think I might have Bringing in business requires a offended you.” I asked why skill set that requires mentoring and he told me that there was a and inclusion, and I don’t know quote in the article in which he there’s a lot of mentoring going said that our firm “is more like on in bigger firms in terms of a commune than a law firm.” bringing in business. I doubt that And I said “Alan, that’s the best as many women as men play golf, thing you could have said about go to football games, or go out to us.” That’s who we are. We want dinner constantly – the things that everybody to be treated equally. help bring in business. I believe That’s what we do for a living. that the women who do bring in Many of the lawyers in our firm business are rewarded in the same could work on the management way. At least some of them are. side of labor law – and some of Without naming names, I know us have been recruited to do so there are managing partners of – for dramatically more money. big firms who are rainmakers who But I think I can say that without are women who got there because exception, all of us do this work they did the same things. They on the union side, because this brought in the business. But… is what we believe in. And part as I said before, as long as the of what we believe in is equal primary parenting responsibility rights, civil rights, women’s is on women, I think just from the rights, workers’ rights, GLBT time constraints alone, it’s harder rights. It’s a fundamental part of to “make the rain.” the personality of the firm.

You are one of the few law Given that’s who you are and firms that is run by women. what’s made you successful, Why do you think there why do you think other aren’t more? women haven’t started their This firm was formed in 1979 and own firms or been successful from early on, we recognized that when they have? if you thought enough of an individual to hire them in the It takes a certain kind of personality to be willing to shoulder first place, and then invested the time, effort and money in the responsibility, the stress, and the tension of paying the developing them as a lawyer, why would you not want them to rent, the electric bill, and making sure we can make payroll. work part-time? We have had part-time employees –including I’ve been the managing partner of the firm since the day it partners – even before there were ever part-time policies. And opened. There are not a lot of women – and maybe not a lot I don’t just mean maternity leave. I mean letting people work of men – who like to do that. Perhaps it comes more naturally part-time. One of the named partners in this firm has been to men than women, I don’t know. There aren’t that many part-time since the birth of her first child. The majority of the women-owned firms. I know Denise Smyler owns her own women in this firm have worked part-time at some point. It firm, and she’s been successful in securing local and state didn’t impact on their partnership track; it didn’t impact on government business. I think of Berner, Klaw & Watson, their compensation. We’re a niche firm. We represent labor who concentrate in family law. They’re a niche firm, too. It unions and everything that we do is kind of derivative from is hard to be family friendly in the practice of law and that the representation of labor unions. People who want to be tended to have an adverse affect on women. I tell people when union side labor lawyers seek us out. We get resumes from the they’re interviewing or associates when they join the firm that best law schools all over the country. We have a terrific talent our practice is not a 9-to-5 practice. We’re there when our pool to reach into. But people also Google us. Applicants look clients are in tough straits and that is a lot of the time – when

20 the philadelphia lawyer Spring 2012 I would like to think that the year that I was Chancellor helped change the Bar. I don’t know that being Chancellor changed me.

they’re in collective bargaining, when professional life that way. But there vice chair of that committee, so I could someone is laid off, when someone is was one potential client who came into elevate them to chair the following fired, when the economic downturn the office and said, we want a powerful year. And in 1992, more than 50 percent and political landscape has made for lawyer and we figure that the Chancellor of the committee chairs were women. the likes of Wisconsin and Ohio and of the Bar must be a powerful lawyer. People saw that. And you couldn’t go Michigan. But, in the last 20 years, I laugh about that now. And ego – back after that. I don’t know if there’s there has been a dramatic change anybody who runs for Chancellor has 50 percent now, but you couldn’t go among lawyers entering the profession a healthy ego. If you don’t have one, back to only two or three. That was sharing parenting responsibilities. I I don’t think you make the run for it. a lasting change of which I am very think that has made it somewhat easier Getting elected is not an easy thing. I proud. for women to work the required hours. asked the person who said this to me That may have changed or be changing about the power concept. After all, it’s There are people for whom being the landscape. not like you’re appointing judges. But Chancellor is the highlight of there was the power of appointment their life. How did being Chancellor change and the power to be the voice of It’s one of the highlights, but I don’t your life? 14,000 members of the Philadelphia know if I can say the highlight. Late Before I ever thought of running, I Bar Association. And notwithstanding in life I have a 9-year-old daughter. I asked a former Chancellor: why does lawyer jokes, which I cannot abide, would say that Sydney is the highlight one want to be Chancellor? And his people see lawyers as powerful people. of my life. But if you asked me if I’d answer was power, ego and money. I don’t know that being Chancellor like to be Chancellor again, I think There are high-powered trial lawyers, changed me. I would like to think that I would. It’s a great job and a great who, before the Internet, got business the year that I was Chancellor helped platform. You make of it what you can by being Chancellor. There is a lot change the Bar. I changed the face of and what you want. You have a lot of of media exposure in the position the Bar Association. Part of my agenda visibility and exposure. You have a and that can translate into business certainly was to demonstrate that there lot of opportunities to speak not just development. The same for big-firm were qualified women in every level of to lawyers but to the public at large. lawyers. People would say, “so-and- legal practice doing every kind of legal And if you have things that you want so from this firm is now Chancellor of work. When I was Chancellor-elect, to say, you have the ability to use that the Philadelphia Bar.” I never thought I actively recruited women who had exposure and say them. that being Chancellor would affect my served on Bar committees to become

the philadelphia lawyer Spring 2012 21

One of the things that struck me the prisons. I don’t see that happening fundamental documents that set forth was how young you were when as much now and in the past few years. the rule of law: the Constitution and you became Chancellor. If you the Bill of Rights. I think you’ll find were becoming Chancellor now, Will you do it again? the best answer to that question in my would you do anything differently No. You know…it used to be a two- Chancellor’s speech: “Without lawyers now that you’re 20 years older? year position. And every Chancellor we would have no Constitution or Bill of And how do you view it from the will tell you that the year goes very Rights; without lawyers we would have perspective of time? fast. But the time commitment is huge. no individual liberties or guarantees What I would do differently, if I were I believe I clocked 3,200 or 3,300 hours such as freedom of speech, of the Chancellor today, has more to do in 1992 because it was also the year that press or to practice a religion; without with what I see as the role of the Bar Ed Rendell became mayor and took on lawyers we would not be protected Association. When I became active in the city unions. Between negotiating against the negligence of members of the Bar, immediately after I became three of the four city contracts as well other professions, fraud committed by a lawyer and through the time when as the teachers’ contract, and being private institutions or the excesses of I was Chancellor. I think the Bar Chancellor, I had one day off and it over-reaching governments. Lawyers Association was a far more activist was Christmas at the end of the year. I protect the public interest and private organization. The Association has had no other commitments at the time. freedoms and no other profession can frequently confronted the question I worked around the clock. This was say the same.” I spoke those words of the duality of its identity – are we before the Internet, before smartphones, 20 years ago. I still believe deeply in a trade organization or a professional and being able to telecommute. It was them. Absolutely, I’d love it if Sydney association? My answer was – and still hard. became a lawyer!! is – we’re both! But I think that some Chancellors lean more one way than the Would you like your daughter to Niki T. Ingram (NTIngram@MDWCG. other. From Leon Katz and Ben Picker follow your path? com), Assistant Director Workers’ through me, Andre Dennis, and Larry Well Sydney does a lot of negotiation, Compensation & Employment Law Beaser, there was an enormous amount and she’s quite good at it. Would I like Department at Marshall, Dennehey, of participation in public policy issues. her to be a lawyer? One of our partners Warner, Coleman & Goggin, is a member We raised and participated in the public has two kids, one a lawyer, and one of the Editorial Board of The Philadelphia debate about issues in city government, a law student, and I think that is so Lawyer. the school district, due process issues at great. Ours is a land that was built on

Backstage with Rock N. Roll, Esq.

By M. Kelly Tillery ecently, in my dentist’s office, amongst old People magazines, coincidentally, just as I began my legal career. I ran across the November 2009 Rolling Stone (#1092), As luck would have it, the celebrating the 25th Anniversary of the Rock and Roll Hall of originator and leader of this R nascent and booming industry, Fame, featuring a superb cover photograph of rock legends Mick Jagger, Winterland Productions, of Bruce Springsteen and Bono. Although I was the drummer for a short- San Francisco, was represented by Michael L. Krassner, an lived garage band, “The Coldwater Conspiracy,” I never made “the old friend of the partner who cover of Rolling Stone,” (Dr. Hook and the Medicine Show), though had brought me the Black Sabbath file. The incredible and I did once get a Letter To the Editor printed (RS 9/8/88); however, I rapid success of the business have represented more than 50 artists who have, including those three – inevitably attracted imitators, those who sought “to reap where Michael Phillip Jagger (Mick), Bruce Frederick Joseph Springsteen (The they had not sown,” – known in Boss) and Paul David Hensen (Bono). the industry, euphemistically, as “bootleggers.” At virtually In 32 years of my Philadelphia-based, intellectual property every concert around the practice I have represented almost every top musical artist one country, young men carrying bags or bundles of counterfeit can imagine, from Meatloaf to Madonna, Michael Jackson T-shirts bearing the names and trademarks of the artist(s) then to Milli Vanilli, The Who to U2 and scores of others. As a playing in the nearby venue would roam the parking lots selling frequent client, The Grateful Dead, would say, “Oh, what a their fake wares to eager, bargain-hunting concert-goers. Such long, strange trip it has been.” faux items were less expensive and of lesser quality than the I am often asked, especially by law students and young authentic wares sold only inside the venue. The bootleggers lawyers, “How did you get such an interesting practice?” “And did not pay license fees, taxes, vendor fees or, for that matter, how can I get in on it?” Well, first, it was not a result of my legal fees. Each illegal sale made outside meant one less sale of drumming skills. I am no Keith Moon or Stewart Copeland. the legitimate goods inside, thus depriving the concessionaire, Though I did see Keith play (and the merchandising company, and the destroy) his drums in 1968 and later artist(s) of substantial revenue. represented The Who and The Police. I have represented Since it was not unusual for bands to No, my career move into the make on tour as much, and sometimes strange world of rock’n’roll law more than 50 artists more, in merchandising revenue as in came, as such things often do, ticket revenue, something had to be entirely fortuitously. I was a young who have, including done. In early 1979, Krassner initiated associate in a storied Philadelphia those three – Michael a legal strategy to enforce the rights law firm handling a wide variety of of Winterland’s artist-clients seeking litigation matters. Sure, I had studied Phillip Jagger (Mick), and securing injunctions with orders copyright law at Penn and still liked of seizure to prevent the sale of to play my drums, but I did not have Bruce Frederick counterfeit merchandise. any interest in or opportunity to use While most know that Philadelphia these experiences in the legal arena Joseph Springsteen has a special place in the pantheon of and never expected to do so. (The Boss) and Paul rock music – American Bandstand, Opportunity knocked one day. The Philadelphia Sound, Live Aid, A partner came into my office and David Hensen (Bono). etc., few know that it has also been said, “Hey, I heard you are a bright the hotbed of music merchandise guy and a drummer. Can you handle counterfeiting. Perhaps it is because a trademark case for Black Sabbath?” Imagine my surprise of its central east coast location and/or its plethora of and delight. “Of course,” I said. So he dumped a file on my enterprising and less-than-savory characters. desk and left. I passed the bar in October 1979 and in 1980, secured my I knew nothing of trademark law. But, a fast learner, I first such order to protect Black Sabbath. Originally, we had knew an opportunity when I saw one. Black Sabbath had to secure individual orders in every city where a band played. only recently fired Ozzy Osborne due to his substance abuse However, we soon developed two innovative injunctions that problems. Curiously, I would later represent Ozzy after he were less costly and more efficient. We secured many facility/ made a comeback courtesy of his new manager, and later, venue permanent injunctions and seizure orders in the name wife, Sharon. of the venue concessionaire. Such an order could be used to This was 1980, the beginning of the rock merchandising protect the sales of merchandise of any performer(s) appearing revolution. Although Elvis and The Beatles had exploited their in the venue. And we created the permanent tour injunction names and likenesses, the explosion of rock merchandising, and seizure order to protect an artist on an entire tour. Both particularly T-shirts, did not occur until the late 1970s, worked well and soon became industry standards.

26 the philadelphia lawyer Spring 2012

Based on repeated successes, I became national litigation was tragedy, too. I represented Bruce Springsteen many counsel for Winterland. This required me to travel around the times and was backstage at The Spectrum on Dec. 8, 1980, country with scores of artists on tour seeking court orders in the night John Lennon was killed. Bruce was on stage and more than 35 states. While my experiences hardly rival those about to come off when we heard the sad news. Jon Landau, of Pamela Des Barres (“I’m With the Band”), or Cameron Bruce’s manager, insisted that no one say a word to Bruce or Crowe (“Almost Famous”), I had some interesting adventures the band since they had to play two encores. So the backstage “on the road.” entourage had to watch Bruce and the band come off their Although I was to represent The Grateful Dead many times concert high with smiles, and high fives and down Gatorade over the years, the first time produced the most interesting while a couple of dozen people stood around somberly, some encounter. In 1980 Jimmy Carter was seeking re-election and trying to hold back tears. Twice. After the second encore, The Dead were playing several dates at The Spectrum. Carter Landau pulled Bruce aside, put his arm around his shoulder was soon to visit Philadelphia and several of his clean cut, and walked him down a hallway. As they receded into the young advance men were in town staying near The Dead at the bowels of The Spectrum, we watched Bruce slump when told. Warwick Hotel. The Dead invited them backstage and to the The next night, Bruce dedicated his show to Lennon saying, after-party. Late that night, after securing all the confiscated “Without him, we would not be here.” counterfeit Dead paraphernalia, I joined The Dead, the Carter I had been a lawyer less than a year and I was representing men and other associated hangers on and groupies at the party. “the future of rock’n’roll” on “the night the music died.” As the only attendee in a suit, I stood out as much as the There was tragedy on yet another night. I was representing Georgia boys. While chatting with them about the campaign, Bob Dylan and The Grateful Dead at a huge JFK Stadium I noticed some activity on a nearby coffee table that was not show in 1987. Unbeknownst to all, this was to be the last entirely legal, and it was not trademark counterfeiting. As event held in this legendary Philadelphia venue. Even though a good Democrat, I quietly suggested that it might not be a another client, The Rolling Stones, were to play there soon good idea for them to remain. They downed their beers (not thereafter, the crumbling condition of the stadium prompted “Billy Beer,” as I recall), thanked me and took off, avoiding a then-Mayor Wilson Goode to close the facility permanently. potential scandal. Just the year before, a special counsel had But that was not the tragedy, at least not the human one. been appointed to investigate whether Carter Chief of Staff The man who “discovered” Dylan (and many others), John Hamilton Jordan had sniffed cocaine at Studio 54. H. Hammond of Columbia Records, died that day, July 10, It was not all sex, drugs and rock’n’roll, however. There 1987. As I sat backstage with my security team cooling off,

28 the philadelphia lawyer Spring 2012 I had been a lawyer less than a year and I was representing “the future of rock’n’roll” on “the night the music died.”

everyone, even the crew, was crushed rock’n’roll. I saw hundreds of incredible Garcia’s approval, I brought it to the up against the stage as The Dead were performances, usually from only a few attention of Krassner who notified finishing up their last of one of their feet away. And once I even got to sit Harold Kant, The Dead’s personal legendary, never-ending encores. We in on the drums with the instrument counsel. Kant secured a licensing were virtually alone as a trailer door techies from Oasis. Heady stuff. deal that is, I understand, still a large opened behind us and a man stumbled Lawyers representing famous source of revenue for the Garcia Estate. out and almost fell on my security people have the added perk of frequent “Cherry Garcia” has long been and man, startling him to the point that he and widespread publicity. As my remains the number one selling Ben & reacted with raised, clenched fist. I country-lawyer father always says, Jerry’s flavor. quickly restrained him as I recognized “For a lawyer, any publicity is good I spent a large part of my first 20 it was Dylan himself. As a roadie publicity, as long as they spell your years of my law practice servicing whisked Dylan off, I realized that he name right and the word ‘indicted’ is this industry. But like most things, it was no doubt distraught at the loss of not in the same sentence.” From The changed, much of the work became his mentor. I am glad I did not have Legal Intelligencer to The National commoditized, and I moved on to to explain how my famous client had Law Journal, from local network TV protecting intellectual property rights come to get a bloody nose courtesy of affiliates to live with Bob Schieffer at of clients in a myriad of other, mostly my security. Live Aid on the CBS Morning News, more high-tech industries. But I will With JFK Stadium condemned, The I received a lot of press. One reporter always think fondly of my time in the Rolling Stones had to quickly, and gave me the moniker “Mr. Search and world of rock’n’roll. at considerable expense, reconfigure Seizure.” their stage for Veterans Stadium. As Finally, I played a small part in the M. Kelly Tillery ([email protected]), with all tours, the band had insurance “Cherry Garcia” story. When Ben & a partner with Pepper Hamilton LLP, is with a “no play” clause to protect Jerry’s Ice Cream first came out with a member of The Philadelphia Lawyer from the expense of such unexpected this flavor without securing Jerry Editorial Board. occurrences. Lloyds of London refused to honor the claim and I was engaged by The Stones to sue. The matter was ultimately resolved amicably, prior to Mick having to be deposed. But I did get a kick out of having the phone number of his home on the island of Mustique. Yes, there were lots of groupies, too. I will always remember the one who ran naked backstage insisting she had to see Jerry Garcia. When someone asked me what to do, I gave him a counterfeit T-shirt, told him to put it on her and escort her out. I don’t know if she ever found Jerry. And there, of course, were drugs. I remember fighting to avoid a contact high from vast clouds of smoke backstage at a Lynyrd Skynyrd concert in Saratoga Springs, N.Y. Roadies were amused when I told them I had once worked for President Nixon’s National Commission on Marijuana and Drug Abuse – as a youth consultant, not a “tester.” And there was lots of amazing

the philadelphia lawyer Spring 2012 29 CIRCUMSTANTIAL EVIDENCE Annals of justice

By Steve LaCheen

recently read an essay by the Pennsylvania attorney whose nom as the result of poor management, bad financial advice, and a drug de plume is S. Sponte, Esq., which he titled “An Upchuck of habit, had fallen on hard times Jurors.” An older lawyer, he describes his attempt to console a and been reduced to eking out a I meager living as a sparring partner younger one who had just suffered an adverse jury verdict and wanted and free-lance ad hoc support staff to interview the jurors to find out why. for whoever needed help. It was then, as it still is in some quarters, the commonly held belief Advising the younger attorney against doing so, Sponte that the drug business, involving refers to jurors in post-verdict mode as an “‘upchuck of jurors, in most instances a willing seller and a willing buyer, is in like a pride of lions or a gaggle of geese,” and references a effect a victimless crime. Officialdom, however, factors into fictional Russian psychophysicist named Yura Shtunk, who the equation the resulting deleterious effect of drug abuse on in 1927 supposedly published the results of a study that society in general and has an entirely different “take” on the produced Shtunk’s Constant; that is, that every juror added to subject. an upchuck reduces its mean IQ by an exact constant factor of Ironically, the only time government prosecutors regard 0.33176. addicted persons as victims is In Sponte’s essay, the young when an accused participant in a plaintiff’s lawyer does nevertheless The jury might be drug transaction is not an addict, interview the jurors and learns and can therefore, be accused of that they found for the defendant distracted by the taking advantage of, and inflicting because the plaintiff was dressed so further harm upon, the nameless, nicely (as he had been “prepped” by question of how my faceless hordes of addicts who are the attorney) that it just didn’t seem so enslaved as to be completely like he needed any more money. client, clearly a broken- bereft of the willpower to resist That revelation caused the young down ex-fighter, could the seductive importunings of their lawyer to experience his own very friendly local supplier. real “upchuck.” afford my services if It is an entirely different story, I know whereof Sponte, Esq., however, when the defendant spoke. he were not engaged in in a particular case is an addict Years ago, in the late 70s, I was engaged in selling drugs to make appointed Criminal Justice Act some unlawful conduct. enough money to support his or counsel to represent Lloyd N., a her own habit. Then the cry of the young man charged in a federal prosecutor is that drug addiction is indictment with participating in a drug transaction. My simply a matter of choice, and even an addict who sells drugs recollection is that the charges were developed by way of a to support his/her own habit has the ability and responsibility government “sting,” in which a federal drug agent had posed to overcome such circumstance, now regarded not as an as a potential drug buyer in a transaction in which Lloyd had addiction but a temptation. acted in some supporting role, either as a courier or lookout. So it was with Lloyd’s case. The prosecution declined to That is, Lloyd had neither a principal role nor a stake in the offer a negotiated plea that would have taken into consideration enterprise, other than to be paid for acting as a “go-fer.” Lloyd’s own drug problem as a mitigating factor for sentencing Lloyd had been an up-and-coming boxer on the local prize- purposes. Such intransigence left us no alternative but to go fighting circuit, highly regarded as a potential contender; but, to trial.

30 the philadelphia lawyer Spring 2012 During jury selection, I noticed re-read; then, they requested a repeat of courses, and upon release, went back one of the panel members had listed the conspiracy charge; finally, a note into the fight game, not as the potential her husband’s occupation as judge, from the jury asked how they were to contender he once was, but as a trainer. Philadelphia County Court of Common deal with the fact that the count of the He completed his probation without Pleas. It was obvious to me that the indictment that charged the substantive incident and never had occasion to prosecutor would not strike her; she was drug offense also charged aiding contact me again. undoubtedly aware that her husband and abetting. In response, the judge I did hear from one of the jurors, tried similar cases all the time. After charged the jury that, if they found the however. Several months later, I much discussion with my client, we defendant guilty of aiding and abetting, chanced to see the judge’s wife at a decided not to strike her either. After they were to return a verdict of guilty Bar Association function. She made all, if any juror would understand the on the count charging the substantive a point of telling me how much she concept of reasonable doubt, who better offense. had enjoyed the experience of being a than she. The wife of a judge, she was With that, it was all over. Twenty juror, and that she thought I had done undoubtedly familiar with the concept, minutes later, the jury had a verdict: a good job for my client. But he was and would be able to educate other Not guilty of conspiracy; guilty of really lucky to have had her on the jury, jurors who might not otherwise give it the substantive offense. Surprisingly, she said, because the other jurors spent full appreciation and consideration. however, the jury had annotated the a lot of time discussing how much my The case went to trial. The evidence verdict sheet with the following post- suit must have cost. Without her there, came in quickly and cleanly; it wasn’t script: she said, the jurors would never have overwhelming – no wiretaps, no “We the jury, find the defendant guilty understood that I was court-appointed photographs, no arrest in flagrante only of aiding and abetting, and we counsel and not an expensive lawyer, dilecto. A verdict either way would not recommend mercy at his sentencing.” and that, therefore, they should not have been unreasonable. At sentencing, the judge remarked on consider that a factor in deciding he Concerned that the jury might be the record that he was taking the jury’s was guilty, but should consider it as a distracted by the question of how my recommendation into consideration basis to request leniency from the judge client, clearly a broken-down ex- and, therefore, imposed a sentence of at sentencing! fighter, could afford my services if he two years rather than the five years he My inclination was to remind were not engaged in some unlawful said he would otherwise have imposed, my erstwhile juror that mercy is no conduct, I took great care in selecting adding that the court hoped that Lloyd substitute for justice; but she was a my courtroom attire – nothing new, would take advantage of his time in judge’s wife, and, discretion being the nothing too fashionable, nothing flashy; custody, not only to strengthen his better part of valor, I bit my tongue and I took the opportunity both in resolve to overcome his drug habit but and politely excused myself. Unlike opening remarks and closing argument to develop an alternative to his erstwhile Sponte’s mentoree, however, I headed to refer to the fact that I felt privileged lifestyle, to help him avoid backsliding not for the lavatory but the bar. to have been appointed by the court to and re-offending upon release. represent him. The sentence did, in fact, have Steve LaCheen (slacheen@slacheen. The case took two days to try. The the intended effect. While in federal cnc.net) is a sole practitioner and jury was out longer than that. First, the custody, Lloyd finished his high member of the Editorial Board of The jury requested to have certain testimony school education, took some college Philadelphia Lawyer.

the philadelphia lawyer Spring 2012 31 This portrait of Judge Ethan Allen Doty hangs in a City Hall courtroom. JudgeA Man Ethan of Many Allen Primes Doty By Michael J. Carroll

f Psalms 90 allows three score and 10 – 70 years office, forgot to read the polls, or at least declined to follow them and was elected to his own term as of life – Judge Ethan Allen Doty beat the Biblical president. odds. Not just in being alive two decades beyond his At that ’48 Convention, Henry Wallace, I another former vice president under Roosevelt, due, but in fully living his years. challenged Truman from the party’s left. Dixiecrat segregationist Strom Thurmond challenged Truman from the right, before storming out in a I did not know Judge Doty in his prime. Let me rephrase. I states-rights huff. That was Ethan Allen Doty’s convention. did not know him in his prime as a young man or even in his I suppose it is generally known how one becomes a middle-age prime. A man like Ethan Allen Doty must have Philadelphia judge. Often the process is not easy or pretty. had many primes. I knew him in his elderly prime. His senior Ethan Allen Doty was appointed to the Philadelphia bench in judge prime. I knew him when he was in his 80s and then 90s. 1958, nominated without opposition in 1959 and re-elected I knew him in one of his primes. in 1969. He served until 1996, almost 40 years on the bench. Physically, he was a small, slight figure by then. A shrinking Politician, patrician reformer, or both, inside that young figure, as aging men tend to be, but with a twinkle of life in man must have been the core of the old man I came to know. his eyes. He was not at all ready to leave life, not even ready A dean of the Philadelphia criminal defense bar who began to leave the bench. At the risk of invoking clichés – which are to practice law around the time the Judge Doty was appointed sometimes quite accurate and useful – there was a bit of the to the bench, recalled the judge as tough, sometimes even rigid giant in and about him. I don’t know whether it is accurate to in his early years on the bench, and much more understanding say moral giant or just a giant of personality. Maybe a giant of the prosecution than of the defense. One story said that he who had spent four score and 10 years in this world working threatened to fine a member of the court staff for putting two hard, fairly and honorably. initials instead of his full first and middle name on the brass I do not know what he was like in the Clark/Dilworth reform nameplate that rested on the bench and identified the judge years in 1950s Philadelphia. Probably more of a politician to the world. Fact or legend, right, wrong, or somewhere in than in later years. The record lists him as a delegate to the between, people change over time, sometimes seemingly 1948 Democratic Convention that was held in Philadelphia. drastically. But a good seed did not likely germinate on barren That was the year that Democrat Harry Truman was supposed ground. to lose to Thomas E. Dewey who was nominated by the Judge Doty was “The Arbitration Judge” when I first Republicans in their own Philadelphia convention. Truman, appeared before him. Arbitration in the Philadelphia Court of who had succeeded Franklin D. Roosevelt when he died in Common Pleas is intended to resolve cases without a time- This portrait of Judge Ethan Allen Doty hangs in a City Hall courtroom. the philadelphia lawyer Spring 2012 33 consuming and costly trial before a judge or jury. Arbitration flow, if flow it was. Besides, I was tired of listening to him. panels made up of three lawyers hear and decide cases “Your Honor, I feel it is important to point out…” relatively quickly and cheaply. Either side can appeal to a I paused for a moment and reflected again upon what exactly judge or jury if unhappy with the decision. I could point out. Hardship? Usually true with my clients. Lawyers being lawyers and the law being the law, there Certainly true with this worn, rail thin, middle-aged woman were sometimes disputes that threatened to delay or bring from one of the river wards, who looked up at me calmly with things to a halt. That is where Judge Doty came in. To keep a hapless smile on her too soon age-weathered face. things moving smoothly and fairly and if that failed, to at least Before I could resume my own brilliant legal argument I keep things moving. Judge Doty was there to umpire, to make heard the judge gently interrupting me. quick calls and force the players back into the game. “Now, now counselor, just hold for a moment. You can sit I have represented poor residential tenants for somewhere down. I have a question myself for your adversaries.” between one and two score years. I met the judge because “Gentlemen,” he began as he swiveled his chair and then eviction appeals were then heard by arbitration panels. More leaned his body in their direction. than once he was charged with deciding whether my tenant “Gentlemen, if you please, what is the temperature out client could present a defense to eviction and stay in the rented there?” home while she defended. In law as in life, things often come Stunned silence from the young legal eagles. They scanned down to money. Whether my client could avoid eviction into each others eyes for help but found none. They looked at the the street sometimes depended on whether she had deposited stack of law books. No help there either. the required rent money during the I saw my opening. appeal. “Your Honor, it was 17 degrees Alas and alack, my clients were all this morning when I came to work.” poor. Sometimes all the money that “Seventeen degrees...17 degrees...” should have been deposited was not. “The time to check he repeated, as his eyes narrowed and I remember one February day when his grey-topped head began to move two eager young associates of a big out a tenant is slowly from side to side. He swiveled firm scurried into Judge Doty’s court before you rent. again in his chair and rolled ever so to pursue the speedy eviction of my slightly in the direction of my client. tenant client who had the misfortune Once the tenant is He seemed to look mostly at her as of living in a house owned by the he again started to speak. wife of a senior partner of the firm. in well, if you have “I am not putting anyone out when Their arms looped under stacks of problems, then it is 17 degrees. When can we bring books seldom seen in landlord tenant this case back?” court. Eager, beyond eager, they were it’s too late. If you “Two weeks, judge,” a short stout thrilled to be going into a courtroom to woman shot back from her seat at the do something more than carry the bag don’t check out the small side table placed perpendicular of a senior attorney and slide across to what passed for a judge’s bench at the tabletop documents demanded. tenant, you have only the Arbitration Center. They were going to try a case, or at yourself to blame.” “Very well, gentlemen. I will see least make a sound, persuasive and you all back here at 10 a.m. two scholarly legal argument to a judge. weeks from today.” An elderly judge to be sure and not The two young associates as sharp to their own hungry eyes as muttered as they shoved books into the Olympus-dwelling partner who dispatched them on their wide rectangular leather-covered boxes with handles, boxes eviction mission. Likely bidding them to return with their law that were one part briefcase and two parts suitcase. I had book victory shields or on them like the Spartans of old. considerably less to carry in my own small bag as I slid my “Your Honor,” the tall lanky one began. free hand lightly under the elbow of my client and led her “Your Honor, this tenant is abusing the court and the legal outside. system. She remains in my client’s property during the appeal “And by the way gentlemen,” the judge called as the lawyers without paying rent. We now doubt… we allege and aver… headed for the door. that she is not depositing the required rent into an escrow “The time to check out a tenant is before you rent. Once the account. We demanded proof, but she refused to provide it. tenant is in… well, if you have problems, then it’s too late. She has given us no proof of payment because…because… If you don’t check out the tenant, you have only yourself to ah…on information and belief, she does not have the money. blame.” We ask that Your Honor terminate the supersedeas, the stay of The advice was lost on the young landlord attorneys. eviction, and that she be evicted immediately. We ask that my Frustration with losing before an old judge – four score years client be restored to possession of the house she owns.” by reason of strength. Losing with a judge who did not fully I rose to respond. What to say? He was right that my client understand their sound, perhaps brilliant legal argument, had did not have the money. She had no money for escrow or for left them deaf to advice. anything else. But I had to say something. Had to break his In the busy hallway the associates recovered the cynical

34 the philadelphia lawyer Spring 2012 banter and bluster they had displayed to be considering that for a moment bag and fanned her hand back and forth before the hearing. They rolled eyes until he was interrupted by the whisper inside it to give it shape and space. and made faces to each other as they of his assistant. “You put that gun in there right now, cast a backward glance at the judge. I “You’ve ruled now judge and that’s sir,” she firmly ordered. would have liked to be a fly on the wall it. You’re only going to get yourself in Like a young schoolboy caught to hear their scathing critique of an old trouble.” with contraband chewing gum by the senile judge when they returned to the The judge blinked a few times, stared principal, he quickly and sheepishly office. No points scored with the senior off at something only he seemed to see, complied. partner that day. then came back strongly with both feet “You’ll get it back when you leave Maybe it was not written so clearly in bounds. court. Not before.” in the law books. Certainly we should He cleared his throat and then be a government of laws and not men. bounced his recovered and renewed h Was the judge’s decision based on voice from the front to the back of the One of my last memories of the judge law? Likely. Based on equity? Most courtroom: was in the then famous, now largely probably. Resting on justice? Certainly. “The court has ruled. You have 30 forgotten “Ice Storm ’94.” Several In addition to law and equity, shouldn’t days to appeal, if you wish.” inches of thick clear ice covered the the law have a heart, a warm heart on a Case closed. city with a smooth slippery January frigid Philadelphia day? shell. Beautiful, dangerous, and for Back in the courtroom the clerk h a few, deadly. Traffic came to a near quickly and efficiently steered the next There was also the day that the same standstill and hospital emergency set of litigants to the judge. She was so court attendant disarmed the landlord rooms filled with patients with broken much more than a passive assistant in the who had a holstered handgun on his bones to be set. One old judge braved judge’s courtroom. She sometimes had hip. He was using it to not so subtly the sidewalks of Center City, moving to step in to protect her nonagenarian intimidate his cowed tenant just outside briskly through City Hall and then the boss. A few months earlier, after a hotly Judge Doty’s courtroom. As soon as various downtown court buildings, contested hearing the judge had made the judge’s courtroom assistant found searching in vain for a courtroom that his ruling. The losing side tried to prod, out what was going on, she approached needed a judge. None needed because bully and confuse the old judge into the armed landlord who eclipsed her there were no jurors, lawyers, or clients. changing his mind and his ruling. The greatly in height and bulk. He towered There was almost no one there at all but judge with eyes almost closed, seemed over her as she unrolled a brown paper the judge – by reason of strength.

strongly advised me to go to Gay & Chacker, Judge Doty a Mentor for a Lifetime which he called an “up-and-coming firm.” I took the position, became a partner, and spent 15 years there. Although I have since left the firm, I first met Judge Ethan Allen Doty in the early 1970s, when I remain close friends with my former colleagues, and it is I had just entered my teens. I was a young stamp collector clear that my career owes much to Judge Doty. and he was president of the Philadelphia Stamp Club. He But it remains the less public memories of Judge Doty was a gentle man who became a longtime friend. At that that linger with me. In stamp collecting, he found a peaceful point, the fact that he was a judge really didn’t impress me. respite, but he became very upset when some members of What did impress me was his calm, and his love of stamp his stamp club, including me, chose to leave because other collecting. Interestingly, Judge Doty collected stamps and members of the club had created an atmosphere of bigotry other material from the Civil War, yet he preferred to avoid and hatred. Judge Doty worked hard to mend fences and it “controversial material.” is because of him that the club still exists. When I passed the bar, Judge Doty seemed to be involved And finally, I remember vividly his devotion to his wife Bea. in all aspects of my career. We first crossed paths when he She was a lovely, quiet and charming woman, whom he served as administrative judge for the Arbitration Center. adored. Bea died in 1995, but had been ill for many years, Whenever I appeared before the judge, he seemed to rule and Judge Doty visited her and was by her side, regardless against me – which I always attributed to his desire not to of whether she knew he was there. He was never the same show favoritism toward me. after she died. When Judge Doty died in 1997 at the age of It was in 1986, just after my wedding, that Judge Doty 91, the memorial service was held at the Unitarian Society of took on a new role in my life – a guardian angel. Upon Germantown. Although many of the judge’s contemporaries graduating from law school in 1984, I had worked for a had passed, attendees included members of the bench and small personal injury firm, and was miserable. As a result, I bar from many generations. Each had a similar memory – of left that position and began a search for greener pastures. a gentle man and a judge, who wanted nothing more than to My search led me back to Judge Doty, who suggested treat every person in his courtroom, or in his stamp club, or calling Ed Chacker, whose firm, Gay & Chacker, was hiring. wherever he met them, with fairness and grace. Ed and I hit if off, and I was offered a job; but I was also - By Daniel J. Siegel offered a position at another firm. It was Judge Doty who

the philadelphia lawyer Spring 2012 35 h Floating in the air was a scent of dated, almost extinct Finally, a different sort of memory, maybe one more politics. A Philadelphia last hurrah. Everybody except for connected to the young Ethan Allen Doty convention delegate the judge was no longer a somebody, but had once been a than to Judge Doty. A memory I am still trying to figure out. somebody. I being the only apparent exception, not ever Maybe if my father had been alive he could have decoded having been a somebody or in danger of becoming one. it for me since he dabbled in politics as a young man, when Several club members – and truth be told – there were politics as the cliché goes, was a contact sport. I refer to the only several all together – several were former officeholders time that the judge invited me to address his social club. Like and by definition politically savvy and connected, or at least many American men’s clubs of that generation, it was named connected once. A former sheriff...a former ward leader… for a large wild animal. To this day, I am not sure why the What did the judge have in mind in inviting me? An judge asked me to come to the meeting. Maybe it was a slow opportunity to meet people who might do something for me, night. Maybe the original invited speaker cancelled at the last help me along in life? Give them a chance to size me up? It minute. I will never know. was a pleasant meeting but there was no follow up on either I see that night now though a soft warm lens, a bit like the end. Nice old guys, something to aspire to be. James Joyce story, “Ivy Day in the Committee Room.” Unlike I still have the small statuette of the animal for which in the short story, no one at the judge’s gathering was trying their club was named, presented to me by the smiling judge to coax to life a fire to ward off the damp chill. No one was as I bowed away from the podium. His paternal smile was licking wounds over election losses, complaining about not complemented by that twinkle in his eyes as he shook hands. being paid for canvassing, or mourning past national political There was modest polite applause and thanks at the end. heroes betrayed and ruined. Yet the political and emotional A statuette souvenir of the night and possibilities? Maybe atmosphere was somehow similar. closer to it, a paraphrase of Freud’s cigar remark. Sometimes The meeting was just outside the city in a roadside 18th a statuette is just a statuette. The days of our years are after century inn, in a room that had been so altered that it passed all numbered. easily for mid 20th century. The lighting was subdued to dimness. Bits of ancient woodwork clashed with inexpensive Michael J. Carroll ([email protected]), a public interest modern wooden paneling. Unfolded and arranged in rows attorney in Philadelphia, is a member of the Editorial Board of The were more grey metal chairs than members in attendance. Philadelphia Lawyer.

36 the philadelphia lawyer Spring 2012 A Gold Mine of Valuable Tips, forms, and how-to instructions

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800-247-4724 / www.pbi.org 40thReflections Anniversary on the of the Liacouras Committee By Judge Ricardo C. Jackson

and pointed to the abysmal Pennsylvania n 2011 we celebrated the 40th anniversary of the bar passage rate for African-American Liacouras Committee, a five-member panel appointed in law graduates no matter where those 1970 by then-Chancellor Robert M. Landis to investigate graduates attended law school or their law I school performances. The most vociferous allegations of racial discrimination within the Pennsylvania Bar African-American judges and lawyers who admission process. repeatedly expressed concern about the number of black applicants passing the bar exam included, among others, Philadelphia Court of Common Pleas Judge Raymond The members of the Committee included Philadelphia Court Pace Alexander, Austin Norris, Robert N. C. Nix Sr., Charles of Common Pleas Judge Clifford Scott Green, Philadelphia W. Bowser, Andre W. Dennis, A. Leon Higginbotham, Municipal Court Judge Paul A. Dandridge, W. Bourne Almanina Barbour, Philadelphia Court of Common Pleas Ruthrauff, Peter J. Liacouras and myself. Liacouras, then a Judge Thomas Reed, William T. Coleman and the members law professor at Temple, was chair of the committee. of the law firm of Moore, Lightfoot & Edley where I did my Before going into the investigations, findings and impact preceptorship. of the committee’s findings on the revamping of the bar Norris had charged as far back as 1953 that discrimination examination process in Pennsylvania, it is necessary to explain existed in the then County Board of Law Examiners and the the impetus for its creation. State Board of Law Examiners. Norris’ strident advocacy Before the creation of the committee, noted African- on this issue convinced then-Philadelphia Bar Association American judges and lawyers had complained repeatedly of Chancellor Bernard G. Segal to appoint a four-member the lack of African-Americans within the bar in Pennsylvania, committee on Feb. 18, 1953 with a mandate “to investigate Members of the Liacouras Committee included (from left) Judge Paul A. Dandridge, Ricardo C. Jackson, Peter J. Liacouras, Judge Clifford Scott 38 the philadelphia lawyer Spring 2012 Green and W. Bourne Ruthrauff. (photo courtesy of Special Collections Research Center, Temple University Libraries, Philadelphia) Members of the Liacouras Committee included (from left) Judge Paul A. Dandridge, Ricardo C. Jackson, Peter J. Liacouras, Judge Clifford Scott Green and W. Bourne Ruthrauff. (photo courtesy of Special Collections Research Center, Temple University Libraries, Philadelphia) alleged discrimination in the grading of bar examinations in “Persons who grade [the exams] do not know the identity of Philadelphia County by the State Board of Law Examiners.” persons who take the exams.” Second, black applicants were That committee, known as the Hastie Committee, was made to sit together in the exam hall – a form of segregating chaired by U.S. Court of Appeals Judge William H. Hastie applicants based on race. When we questioned this practice (who was African-American); and included Abraham L. of seating black applicants together, the board claimed that it Freedman, G. Ruhland Redman Jr., and Theodore G. Spaulding was “by chance.” (another African-American). After its investigation, the Hastie Third, the board had no procedure in place for reviewing Committee concluded that “There were no discriminatory an examinee’s paper once the exam was over, thereby making practices,” within the bar exam grading. it difficult to compare the quality of exam papers and grades Despite the report of the Hastie Committee, concerns awarded. This is because the exam papers were destroyed after continued unabated about the difficulty blacks were having the exam. There was no specified time period for safekeeping in passing the bar exam. Those concerns crystallized in the an exam paper in case of challenges to the grading. appointment of the Special Committee on Pennsylvania Bar Fourth, 98 percent of all white applicants passed the exam, admission and procedures [the Liacouras Committee] on June while only 70 percent of blacks who took the exams passed. 27, 1970 by Chancellor Landis to Fifth, out of a population of 7,430 “investigate the claims of possible attorneys in Pennsylvania only discrimination against black 130 were black, and out of this students in these procedures.” The 130, 111 were in Philadelphia Liacouras Committee had neither whose population was 30 percent subpoena powers, nor a staff. The black. Only one large firm committee’s investigation began (Dilworth, Paxson, Kalish, Levy with the holding of its first meeting and Coleman) had a black partner on Sept. 17, 1970, attended by – William T. Coleman. No large more than 35 people. Three days Although the grading law firm had more than three later, Norris issued a statement to black associates. Our committee The Philadelphia Inquirer stating of the bar exam also found that between 1955 his belief that there was blatant and 1970, only 83 blacks had racial discrimination against black was supposed to be been admitted to the bar of the applicants in the grading of the Commonwealth. state bar exam. He pointed out to anonymous, the graders Sixth, Pennsylvania had only the newspaper that the scores of were provided with the seven black judges in Common about 50 percent of the examinees Pleas Court out of 56; one black were adjusted to ensure passage of applicants’ pictures judge within the appellate courts the exam “on the basis of their law out of 21; and one black judge school records and other non-test (which revealed their each within the federal district criteria.” This adjustment, called courts and the Third Circuit Court a “second look,” was made by the racial identity). of Appeals. chief examiner who examined the Ultimately, our Committee candidates’ background, his soon- concluded and charged that to-be-firm, his undergraduate the bar exam “...as developed college record, and everything and administered is invalid and else, including talking to the discriminatory, and circumstantial County Board of Law Examiners. evidence leads to the strongest On Dec. 19, 1970, our presumption that blacks are indeed committee filed its report, which discriminated against when they contained the following findings, take the exam.” and conclusions. The report of the Liacouras Committee can Our report captured national attention with reactions being be found in Volume 44 of the Temple Law Quarterly 1971, mixed. A few days after our report, then-District Attorney Winter edition. First, although the grading of the bar exam Arlen Specter held a news conference strongly endorsing was supposed to be anonymous, the graders were provided our report and indicating his disapproval of the bar exam as with the applicants’ pictures (which revealed their racial then administered. Also, at the local level, then Assistant identity); the law schools attended, and other information that Prof. Robert J. Reinstein of Temple University Law School, should not have been relevant to the exam. In addition, each who later became its dean, declared that the bar exam was time an applicant repeated the exam two additional pictures violative of the 14th Amendment to the U.S. Constitution with of that applicant were required in his or her file. For example, respect to black applicants. However, many members of the if an applicant had taken the exam three times, six pictures of bar strongly condemned our report. One prominent member that applicant would be in his or her file and available to the of the bar went as far as calling on the Board of Governors of grader before the grading of the exam. When we questioned the Pennsylvania Bar Association to “censure every member this practice, a spokesman for the board incredibly asserted, of the Committee.” At the national level, The Washington

40 the philadelphia lawyer Spring 2012 Who’s Who from the Hon. Ricardo C. Jackson Liacouras Committee • Former president, Barristers’ Association of Philadelphia; currently a senior judge on Philadelphia Court of Common Pleas Hon. Paul A. Dandridge • Judge, Philadelphia Municipal Court (retired) Peter Liacouras • Former dean, Temple University School of Law and later Hon. Clifford Scott Green president of Temple University • Judge, Philadelphia Court of Common Pleas and U.S. District Court for the Eastern District of Pennsylvania; Bourne W. Ruthrauff partner at Norris, Schmidt, Green, Harris, Higginbotham, • Currently member of Bennett, Bricklin & Saltzburg, LLC & Brown (deceased)

Post applauded our report. But Vice to the administration of the bar exam the bar. According to Fleming Tucker, President Spiro Agnew, a graduate in Pennsylvania. Our report and the a senior member of the bar, between of an unaccredited law school who successful negotiation thereafter with 1920 and 1969, only 180 blacks were would not have been eligible to take the the board resulted in significant changes admitted to the bar of Pennsylvania. Pennsylvania bar exam, and who was to the administration of the very next In conclusion, the report of the later forced out of office in disgrace, bar exam. In addition, many states Liacouras Committee was instrumental lambasted our report on the front page which had similar bar exam procedures in reforming and changing the of the same newspaper. With respect as Pennsylvania used the report as the discriminatory administration of to our report, Vice President Agnew impetus to change the procedures for the bar exam in Pennsylvania, and asserted “The result can be to lower their bar exams. in many other jurisdictions. Those standards of justice.” Changes in the way the bar exam changes ensured equal opportunities Following our report, Nolan N. was administered following our report, to blacks in the taking of the bar Atkinson Jr. contemplated legal had a dramatic effect on the number of exam, and led to significant increases action challenging the bar exam as black applicants who began passing in the number of blacks who became then administered. Soon thereafter, the exam and becoming members of members of the bar. Atkinson and Prof. Paul Bender of the bar. Within two years, 82 blacks the University of Pennsylvania School became members of the Pennsylvania The Hon. Ricardo C. Jackson is a of Law successfully negotiated with bar, whereas between 1955 and 1970 senior judge on the Philadelphia Court the board for fundamental changes only 83 blacks had been admitted to of Common Pleas.

the philadelphia lawyer Spring 2012 41 TechnTTechnechnololologoogygyy What Google’s Privacy Changes Mean For Attorneys Review Policies for Every Website or Service Where Client Data is Stored

BY Daniel J. Siegel

rivacy. It seems almost of March 1, all of that changed, when your boss to know about) listed on your anachronistic when it Google’s new policies went into effect. Google or Android calendar may be comes to the Internet. After For lawyers, these new policies mean more “public.” As PCWorld explains: P all, there are “cookies,” that how they use Google might also “While some users may welcome computer crumbs that websites place change. As Google explained: the new changes and the potential onto your computer so that they can “The main change is for users added benefits they may provide, track your every move. Otherwise, with Google Accounts. Our new others, including privacy experts services like Amazon’s 1-Click ordering Privacy Policy makes clear that, if and regulators, are voicing concern wouldn’t even exist. Although online over the changes. The biggest privacy seems to be a thing of the sticking point is that Google does past, for lawyers, it can’t be. After not appear to have an opt-out all, if we store information online, we “Our new Privacy option for the new way your data still have an obligation to our clients will be handled. Instead, if you to protect their privacy, an obligation Policy makes clear have a Google account, your data that appears to be more challenging that, if you’re signed will be combined to deliver these every day. new services to you – whether you Consider Google – the biggest in, we may combine like it or not. . . . One example of the big on the Internet. It seems Google gives is that it could use that everyone uses Google. Some information you’ve your data to alert you if you’re people use the search engine, others likely to be late for a meeting. the maps, some its GoogleDocs, provided from one Google would do this comparing and others have taken to Google+, service with information a scheduled meeting in your Google’s “answer” to Facebook. calendar with your location, based And every time you use Google, you from other services.” on information from your Android are subject to its “Privacy Policy.” phone combined with local traffic That’s why the recent announcement data. The company said it could that Google is revamping its roughly you’re signed in, we may combine also use your information to give 60 different privacy policies (yes, that information you’ve provided from you better spelling suggestions should give you an idea of how many one service with information from in products such as Gmail and sites and services Google owns), which other services. In short, we’ll Docs. You could also have a more varied from one of its sites to another, treat you as a single user across intuitive search experience that can and creating one policy that applies all our products, which will mean parse whether you mean an animal across the board, caused a massive a simpler, more intuitive Google (or a car) brand when you search for reaction across the web, not all of it experience.” jaguar.” positive. But all changes are not necessarily Kevin Drum at Mother Jones In the past, Google users were good. For attorneys, this means that some explained that, as Google admits, one supposed to know that each Google information, such as client meetings (or of the key purposes of the change is site might use their data differently. As that new job interview you didn’t want to permit it to “provide more relevant

42 the philadelphia lawyer Spring 2012 Tech briefs Solos, Small Firms Get Online Boost from ABA

The American Bar Association is offering assistance for the nation’s largest law practice demographic with its new online Solo and Small Firm Resource Center.

“Solo and small firm practitioners Widely used products in the survey have unique needs because they don’t included iPhones, used by 60.9 always have the same resources as percent of respondents; Dropbox, large firms,” ABA President William used by 25 percent of respondents; T. Robinson III said. “We are therefore iCloud, seeing high adoption at 15 excited to launch the ABA Solo and percent; and Android phones with Small Firm Resource Center for all usage at 13 percent. Evernote, a note- lawyers, free of charge, to level the taking app not included in last year’s playing field with online information survey, debuted at 14 percent usage. for lawyers in small practice settings.” OpenOffice had gained 2 percentage points since last year, showing that Of American lawyers in private open source technology is appealing to ads;” of course, the only way to target practice, about 70 percent work in solo and small law firms. Clio showed solo offices or law firms with 20 or better advertising is to know what users a 22 percent adoption rate, more than fewer members. It is estimated that the double the 2010 adoption rate. are searching for (for client research, for United States has about 435,000 solo example) or saving in their calendars, law practitioners (comprising about Why are lawyers continuing to “go documents and Android devices (which 48 percent of private-practice lawyers) Mac”? Nearly half (46.5 percent) of now account for approximately 48 and about 200,000 lawyers in firms of respondents said they chose Apple percent of the smart phone market). Thus, between two and 20 lawyers (about 22 hardware over PC options because Drum’s skepticism: percent of lawyers in private practice). the technology was more reliable and “If Google can change its privacy secure. Usability was next on at 33.8 The Solo and Small Firm Resource percent. Familiarity due to home use of policy today, it can change it Center provides online articles, CLE tomorrow. And it will. No company Apple/Mac products was 9.8 percent, programming, a discussion list for and surprisingly aesthetics and design is an unstoppable juggernaut forever, solo and small firm lawyers and other came in fourth at only 3 percent. and Google is already showing signs information from groups throughout of becoming an ordinary corporation the ABA, including the ABA General More than 75 percent of law students that has to scrap for profits just Practice, Solo and Small Firm Division said that when they graduate, they plan and Law Practice Management like everyone else. This is what’s on choosing a Mac platform for their Section. The website offers practice office. This statistic shows that Mac motivating their policy change this management advice, business week, and someday it’s likely to has a bright future in legal, since the development strategies, career new generation graduating is heavily motivate them to sell my personal guidance, advice for handling problem Apple-oriented. information after all. cases and clients, technology reviews, It won’t be mandatory, of course. networking events and more. The survey aimed to determine to If I want to close my Google what extent lawyers and law students The Solo and Small Firm Resource are now using Apple products, and accounts, they’ll let me. But if I use Center can be accessed at ambar.org/ an Android smartphone – and this is whether there is clear evidence of an soloandsmallfirms. increasing trend of the legal industry plainly one of the primary targets of “going Mac” in the future. Google’s new policy – that will be pretty hard. And after years of using Clio said 763 people participated in Google products like Gmail and Apple Products Popular in the survey, 80 percent of which were YouTube, it’s not as easy as it sounds Small Law Firms, Survey practicing lawyers and 20 percent to simply export all your data and Finds of which were law students or non- move to a new platform. In reality, lawyers. Seventy-six percent of respondents were lawyers at firms with very few people will do this. Google 10 attorneys or less. One-fourth of the is counting on the fact that they’ll Apple products are going strong and gaining ground with small firm lawyers survey respondents were relative Mac grumble a bit, like I’m doing, and at the expense of previously dominant newcomers, having switched to Mac then get on with their lives.” legal technology players, according within the past year. For lawyers, what does all this mean? to the Apple in Law Firms Survey by It means that, to assure confidentiality, Clio. attorneys and law firms must review the

the philadelphia lawyer Spring 2012 43 Google Privacy Policy, as well as similar policies for every other Creating a Zinio account is free, and the program allows you website or service where client data is stored, and determine to read a wide range of newspapers, magazines and other whether the site is appropriate for storing the information. If publications, some for free, others by subscription or individual they don’t, and client data is revealed to the web, just go to purchase. Google News and figure out what happens next. Google Goggles (Android): Ever see a piece of art, a So What Apps Are On Your photograph or some other item you iPad, iPhone, SmartPhone can’t identify? Just scan the item or Tablet? with Google Goggles, and find out That’s the name of a new feature everything you would ever want to in The Philadelphia Lawyer, where “If I want to close my know about the object. It’s simple, you can send us an email (send it to Google accounts, they’ll and it’s free. [email protected]) highlighting Verizon iD (For Verizon Mobile the app or apps you are using and let me. But if I use an Devices): If you have ever heard why, so that other readers can get a song, and didn’t remember the the most out of their devices. To Android smartphone – name or the artist, you know how start things off, here are a few of my frustrating and distracting it can be favorites: and this is plainly one until (or if) you figure it out. With Amazon Apps (Appstore) of the primary targets Verizon iD, just let your phone listen (Android): This app is a great to the music, and you’ll have your place to start. Run by Amazon, the of Google’s new policy answer in a few seconds; then you app store offers a wide selection can go back to work, or whatever of free and paid apps for Android – that will be pretty else you were doing. devices. But perhaps the best aspect So, what apps do you use? What of the app is that every day, you can hard.” app distracts you from client work obtain some terrific apps for free. (oops, that’s not supposed to happen)? Among the paid apps that have been Or what app helps you deliver better offered gratis are Documents To Go client services? Whatever your (Full Version), OfficeSuite Pro 5 and QuickOffice Pro, each pleasure, let us know by emailing tplmag@philadelphiabar. of which allows you to work with documents and other items org. We look forward to hearing from you. created with Microsoft Office. In addition, you can download great apps like TuneIn Radio Pro and others. And of course, Daniel J. Siegel ([email protected]), editor-in-chief of The lots of games. Philadelphia Lawyer, is a local attorney who operates the Law Offices Zinio (all formats): Originally a downloadable program, of Daniel J. Siegel, LLC and is the president of Integrated Technology Zinio has created apps for virtually every platform and device. Services, LLC.

44 the philadelphia lawyer Spring 2012 Tech UPDATE

Sony Tablet S Apple New iPad Apple’s new iPad, introduced March 7, figures to continue the success of what many consider to be the best tablet computer available to consumers. Sony’s highly regarded Tablet S runs on the Android system and boasts a 5-megapixel camera and stereo speakers.

Features Sony Tablet S Apple New iPad

Display 9.4 inch TFT active matrix 9.7 inch retina display

Operating system Android 3.0 Honeycomb OS 5.1

Dimensions 9.5” x 0.3” x 6.8” 9.5” x 0.37” x 7.31”

Weight 1.3 pounds 1.44 pounds

Camera Rear-facing 5 megapixels 5 megapixel iSight

16GB (32gb model also 16GB (32gb and 64gb models also Flash Memory available) available)

Battery life Up to 31 hours 10 hours

Wireless Connectivity Bluetooth 2.1 EDR, Wi-Fi Wi-Fi, Bluetooth, 4G LTE

Processor 1 GHz NVIDIA Tegra 2 Dual Core Apple A5X

PRICE $399.99 $499

the philadelphia lawyer Spring 2012 45 Book Review By Mary-Kate Breslin Keeping Priorities in Order Balancing All Aspects of the Family-Oriented Lawyer’sProfessional and Personal Life

Law & Reorder: Legal Industry explains that firm lawyers Solutions for Restructure, will fit in to at least one of the Retention, Promotion & Work/ five categories. For instance, Life Balance there are a growing number Written By Deborah Epstein Henry of lawyers who would prefer 378 pages to be “off call” in a manner $29.95, American Bar Association similar to the way doctors rotate. This “shared hours” aking the exception the alternative enables lawyers rule … that is the theme to practice challenging M of Deborah Epstein work while maintaining Henry’s “Law & Reorder: Legal more control over their Industry Solutions for Restructure, personal lives. The “fixed Retention, Promotion & Work/ hours” category addresses a Life Balance.” Increasingly, clients common misinterpretation of are demanding reasonable and the difference between “full- predictable fees, while at the same time” and “part-time.” Part- time lawyers are seeking more work/ time status is a misnomer, and life balance. The chapters unfold by can result in unwanted, and illustrating the outdated infrastructure unwarranted, stigmatization of the existing legal profession in our of lawyers seeking reduced country, and exploring ways in which hours. Part I explores the profession can be reshaped and additional topics including revamped. how to make flexible and Targeting lawyers and law firms reduced-hour schedules alike, Henry leads her readers work, telecommuting, through a comprehensive road map mentoring, and determining to improving the professional legal value, as well as extended environment and the personal lives leaves and the subsequent re- of those who live in it. Each chapter entry into the workforce. begins with an anecdote illustrating As a working mother and her points and suggestions through in the future. Part II provides advice for lawyer, Henry focuses a significant personal experiences. Henry shares lawyers and law students. This second portion of her work on addressing the vignettes stemming from her family life, half of the book gives more personal professional and personal needs of as well as professional engagements and guidance for lawyers such as navigating women. In Part II, she provides a guide observations. Each short story leads the parental leave, and re-entering the work for finding the best working environment reader into the theme of Henry’s next force after an extended leave. for women lawyers. The “cheat sheet” point to be made. One particular topic in Part I pertains is a questionnaire that can be used to The book is intended to guide legal to the trend away from traditional billable find and/or create a women-friendly employers in designing their businesses, hours to alternative fee variations. workplace. It is intended to be used by and provide advice to lawyers and Henry created FACTS – an alternative women law students in their search for law students in outlining their career methodology for approaching billable post-graduate employment, but it can paths, while giving special attention hours in the future. The acronym stands also be used by employers as a checklist to women. Part I sets the stage for for Fixed Hours, Annualized, Core, to determine whether they are recruiting the legal employer. Henry takes the Target and Shared Hours. It is a system and retaining the best legal talent. The reader through the factors underlying a intended to maximize profitability while cheat sheet was the brainchild of a changing legal profession, and she lays allowing for a more flexible and desirable 2006 forum co-sponsored by Henry’s the groundwork for achieving success work schedule. Under FACTS, Henry Flex-Time Lawyers LLC, and the New

46 the philadelphia lawyer Spring 2012 As a working mother and lawyer, Henry focuses a significant portion of her work on addressing the professional and personal needs of women.

York City Bar Committee on Women and generational issues. Henry is a senior fellow and legal in the Profession. The primary goal Henry is a national expert on finding industry advisor to the “Hidden Brain of the cheat sheet is to enable women and retaining legal talent, creating work/ Drain” Task Force for the Center attorneys and law students to create life balance, and accommodating the for Work-Life Policy, and a liaison a blueprint for success. For lawyers evolving needs of the legal profession. to the American Bar Association choosing to leave the workplace for After beginning her legal career as Commission on Women in the short or long-term reasons, such as law clerk followed by litigator, Henry Profession. For more information, visit childcare, Henry provides an at-home founded Flex-Time Lawyers, LLC in the www.lawandreorder.com. to-do list. This list includes tips such as late 1990s. Flex-Time Lawyers provides keeping your bar membership active, consulting services to law firms, bar Mary-Kate Breslin maintaining a working knowledge of associations, and law students, among ([email protected]) is the law, volunteering and networking. other groups and organizations. As a judicial law clerk to Judge Albert J. Part II also highlights tips on the lawyer, professional, wife and mother Snite Jr. of the Philadelphia Court of application and interview process for of three young boys, Henry has first- Common Pleas - Civil Division. re-entry lawyers, time management, hand experience on the delicate balance networking, productivity, and gender between professional and personal life.

the philadelphia lawyer Spring 2012 47 1972 That Was Then

Law Day U.S.A. - May 1, 1972

John Bartram High School student Thomas Schick (second left), was the first-prize winner of a $100 U.S. Savings Bond awarded by the Philadelphia Bar Association for his winning entry in the 1972 Law Day Essay Contest. Second prize, a $75 U.S. Savings bond, Winners of the 1971 Scales of Justice Awards, sponsored by the Philadelphia Bar was awarded to Margherita DeAngelis of Association in honor of Law Day U.S.A., received statuettes of “Lady Justice” at a St. Hubert’s High School; and third prize, a May 1 luncheon at the Bellevue Stratford Hotel. The statuettes were awarded each $50 U.S. Savings Bond, was won by Janet year to those members of the news media who distinguished themselves during E. Novack (far right), of Philadelphia High the previous year by providing Philadelphians with an increased awareness and School for Girls. Making the presentations understanding of the American system of law and justice through outstanding at a special May 3 luncheon sponsored by reporting, editorials and news coverage. From left to right are Wynn Moore of the Bar Association for the top 25 winners WCAU Radio; Leonard Boasberg of The Philadelphia Inquirer; Kitsi Burkhart in the Mirador Room of John Wanamaker of the Evening and Sunday Bulletin; Chancellor Harold Cramer; Bob Ingram of Department Store, were contest judges Chief Thursday’s Drummer; Bill Stewart of WCAU-TV; and Gaeton Fonzi of Philadelphia Judge Collin J. Seitz of the U.S. Third Circuit Magazine. Court of Appeals (far left), and Philadelphia Court of Common Pleas Judges Doris M. Harris and Herbert W. Salus.

48 the philadelphia lawyer Spring 2012