Women in the Profession

Issue Two; Volume 1 Winter 2011/2012 HappynHoelidawys s

Reflections on Issue Highlights: Becoming a Judge in Seasons & Sea Changes: Weathering the Storm Philadelphia by Dean Linda Ammons byThe Honorable Ann M. Butchart The Case for Diversity by Bobbie Liebenberg

Why Women Leave the Profession by Jennifer Weed

Being “Berry” Connected by Kathleen Wilkinson

Seven Steps to Starting a Law Firm by Sheryl Axelroad

Opinions expressed in WIP News represent those of the contributors and do not rep - resent the opinions of The Philadelphia Bar Association. k s e Despite this feeling, I am motivated everyday be - D cause I know law is the right profession for me. When you s Maureen Farrell, Esquire find the right profession, the motivation behind what you ’ do is evident. You can tolerate sometimes what is - quite r In addition to being Editor In Chief of frankly - intolerable. One large part of the motivation be - o Women in the Profession News, Maureen is t hind it for me is the positive, productive relationship with i an accomplished Philadelphia-based attor - a client I would have never known or counseled if I were d ney with her own practice focused in Estate not a practicing attorney. and Elder Law. She can be reached for com - E ments at [email protected] We should all keep in mind, the “why” behind e anything we do. As the Editor of this Newsletter, my hope h is for you to consider your sources of motivation in your

T legal career. Whether it is achieving new balance away from your Blackberry, improving skills, starting one’s own practice, considering the process of becoming a Philadel - phia judge, contributing to a book, appreciating workplace Why We Do flexibility as a solution, or sharing a practice “War Story.” In a profession where there is a tendency to be - What We Do... come cynical, all of us should hope to reconnect with our professional ideals this holiday season. Following our celebration on Thursday, Septem - ber 15, 2011 of a very successful launch of our inaugural • • • Women in the Profession Newsletter, I wondered how the The Editors reserve the right to edit all material for content, next issue could continue the momentum started by our style, and length. All editorial decisions are final. The opinions initial issue. After all, a launch has its own appeal. I think stated in this Newsletter are not necessarily those of The the contributors to our latest Newsletter have answered Philadelphia Bar Association. that question.

The preparation of this December edition, amid the winter holidays has brought back memories of my swearing in ceremony at City Hall in December after pass - wip editorial committee ing the Pennsylvania Bar exam. That ceremony launched my career as a brand new lawyer. I have always thought editorial board: we should repeat such a ceremony once every five years to Maureen M. Farrell, Editor In Chief & Chair remind us why we chose this profession. Maria Feeley, Secretary Sheryl Axelrod, Communications Director It still gives me chills thinking about it now. Lisa Burnett Standing alongside my colleagues, I remember how proud Aimee Kumer Dina Leytes I felt at being admitted to the Bar. I was especially grate - Jane Jacobs ful for my entire family’s support in helping me reach this Carol Carty achievement. I had an unbelievable feeling when I raised Jennifer Weed my hand and stated I would uphold and defend the Con - general committee: stitution. I recall it being said that I was one of a very small Jane Dalton (former Chancellor) percentage of the population to receive this degree and Kathleen Wilkinson (Vice Chancellor) honor. I thought of it as a privilege to practice law and Emily Marks (WIP Co-Chair) thought about the ideals that could be achieved. Mindee Reuben Adrienne Chapman Now after practicing law for awhile, the newness Susan Satkowski has faded. I find myself not using the word “privileged” but using the word “cynical” to describe how I sometimes A word of thanks to our board members, committee feel in response to the demands of the practice of law. members, contributors, sponsors, Philly Bar staff and all When I have some of my most difficult days practicing, those who have helped make the prior and current issues working very long hours with frustrated clients having dif - of “Women in the Profession News” a resounding success. ficult problems, I do not have the sense of “privilege” I felt during my swearing in ceremony at City Hall. news&events

Photo by Jeff Lyons

CPeast alndepresbent Chrairsaof thte ing 25Years Women in the Profession Commit - tee gathered on November 16th to mark the committee’s 25th Anniver - sary. Attendees included (seated, from left) Vice Chancellor Kathleen D. Wilkinson, current CoChairs Nikki Johnson-Huston and Emily B. Marks, and Maria A. Feeley, as well as (standing, from left) Deborah We - instein, Joan W. Schwartz, Rochelle M. Fedullo, Roberta D. Liebenberg, Roslyn G. Pollack, Roberta D. Pi - chini, Francine Friedman Griesing and Mary F. Platt.The event was held at Estia in Center City.

75 Attend WIP News Launch Event by Maureen Farrell Photos by Anne Krepacki The Women in Leslie Dalton and Sayde J. Ladov; Maria A. Feeley, a the Profession partner at Pepper Hamilton LLP; Kathleen Committee rec - Creamer; and Philadelphia Court of Common Pleas ognized the Judge Sandra Mazer Moss. launch of its first news publi - “It’s wonderful to witness the start of a news publi - cation on Sept. cation with great potential – all the more so when 15 with a cele - the first issue delivered as promised,” saidThomas bration held at A. Bell. “This news publication is a credit, not only Reed Smith to the Women in the Profession Committee, but LLP. Nearly 80 also to our whole Philadelphia Bar Association be - people attended cause the articles, particularly in the inaugural the party and showed their support for the brand- issue, were so interesting and useful for everyone new publication, released in July. Both men and across all the Bar.” women, including Chancellor Rudolph Garcia and One of the reasons the newsletter was published Philadelphia Court of Common Pleas Judges Ann M. was to further present the unique and current per - Butchart and Marlene F. Lachman came out on a spectives, advice and opinions, of the women in the rainy night to support the new publication. profession today and, additionally, to highlight the many accomplishments of the women in the The party was primarily given to honor the first con - Philadelphia Bar Association. It is a vehicle to not tributors:Temple University Beasley School of Law only expose and publicize the women in the profes - Dean JoAnne A. Epps; Bar Association Vice Chan - sion at the Association, but also as a result, poten - cellor Kathleen D. Wilkinson; past Chancellors Jane tially enhance the Association’s offerings. Quality of Life Committee Furthermore, the newsletter presents an opportu - “Year ofYou” Program nity for women to get involved in the Bar Associa - tion, which is of particular interest to new members There will never be a better time to focus on you. This program is designed to get you to think about your personal wellness, health, who may not be as comfortable communicating fitness, financial well-being, personal image and appearance. We opinions at meetings. have brought together role models from the profession, and experts from the health, beauty, and financial industries to help us rejuve - The initial publication, nate and improve our quality of life. Why wait? Happy "You"Year! while geared toward The speakers will include the following: Jill Shapiro, MA, AFAA cer - women, offered advice tified personal trainer and AAAI/ISMA certified aerobics and pi - lates instructor ; Phyllis Liebert, MS, Food and Nutrition;Lynn about mentoring, civility Mander, CFA®, CFP®, Senior Vice President & Chief Investment and life skills for lawyers Officer, Graystone Wealth Management ; Doris (Dodie)Theune, that can be useful for PhD -previous executive in the financial services industry , profes - both men and women in sor and life coach; Kathleen Stephenson, Esquire, attorney con - the profession. Vice centrating her practice in the fields of estate planning and administration and related tax work; André Richard Baldini, Owner, Chancellor Wilkinson’s article, “Making an Appear - Andre Richard Salon, Philadelphia; Susan Sorrell - One of the east ance,” discussed how to keep everything in bal - coast's top professional makeup artists; and LoriTrevis - Premier ance, including her duties as a lawyer to her clients Wardrobing and style professional. The event will take place at and to her law Firm, while balancing her family obli - Pepper Hamilton LLP, 3000Two Logan Square, Philadelphia, PA gations with her responsibilities as Vice Chancellor 19103. For more information about the event , contact program Wilkinson thought the reception became an excel - co-chair, Maria Feeley at [email protected] lent networking opportunity in and of itself, saying, “It was great for all the Public ServiceTask Force attorneys attending to be able to network with The Women in the Profession Committee Public ServiceTask Force Chancellor Garcia, for - held its annual "Back to School Fundraiser Happy Hour" onThurs - mer Chancellors Ladov day, August 25, 2011 collecting school supplies for Ellwood Elemen - tary School in the East Oak Lane section of the city and raising and Dalton, the judges awareness about the struggles of the Philadelphia Public Schools. who attended and the The task force, led by chair Michelle Wexler, actively supports local diverse attorneys who high school students by providing a "How to Become a Lawyer" came. Networking pro - panel presentation each spring and matching students with attor - vides opportunities for ney-mentors. Contact [email protected] to get in - volved with the WIP Public Service Task Force. mentoring and business development as well.” Ad - ditionally, Dalton gave valuable advice about public speaking, “Be yourself.To be genuine and authentic Women in the Profession 4th Annual Summit you have to know yourself, what style works best for you and what does not.” The Women in the Profession Committee held its 4th Annual Sum - mit on October 27, 2011. This year's CLE topic was the Art of Medi - We are hoping that the publication can promote di - ation. The Summit addressed effective negotiation styles, ractical tips and best practices for negotiations, as well as, how personality alogue among men and women in the profession. and gender affect negotiation behavior. Panelists included Cather - During opening remarks at the event, the impor - ine C. Carr, executive director, Community Legal Services; Jamie tance of mentoring, discussed in Judge Moss’s arti - Sheller of Sheller, P.C. and Stephanie Resnick of Fox Rothschild cle, was communicated. Also present were male LLP.The program was moderated by Judge Diane M. Welsh of mentors who have provided valuable insight and JAMS. Emily B. Marks, of Kolsby, Gordon, Robin, Shore & Bezar, perspective about communication, the practice of and the current co-chair of Women in the Profession Committee, was the course planner. TheTemple Law Alumni Association spon - law, and most importantly, the business side of law. sored the cocktail reception and speed-networking event that fol - Additionally, opening remarks underscored the im - lowed the CLE. portance of relationships in general in the practice of law, in particular the one of a trusted mentor. Monthly Committee Meeting Schedule The Committee also thanked its sponsors, A and A The Women in the Profession Committee meets the lastTuesday of Court Reporting, Independent Custom Realty, Lavin every month beginning at 12:00PM at the Bar Association. Con - and O’Neill, OPA restaurant and Philadelphia Run - tact co-chairs, Emily B. Marks, [email protected] or ner, without whom the event would not have been Nikki Johnson-Huston, [email protected] for possible. more information. The Honorable Ann M. Butchart The Honorable Ann M. Butchart is a Trial Judge in the Juvenile Division of the Court of Common Pleas of Philadelphia. She was elected to a ten (10) year term in 2005.

Reflections on becoming a Judge in Philadelphia by The Honorable Ann M. Butchart

Many lawyers, from time to time, think about how much better life must be on the other side of the bar: no wardrobe issues, no clients, no billable hours. And it occurs to the weary practitioner, especially if she’s spent too many hours waiting for her case to be called, “I could do that! I could be a judge, and if I were, this is how I’d run things…” This article addresses some of the fundamental issues associated with becoming a judge in Philadelphia. (1) Keep in mind that it is one person’s perspective, written with hindsight and appreciation for the input of her patient colleagues.

We have three trial courts in Philadelphia: Traffic Court (seven judges)(2), Municipal Court (25 judges) and Common Pleas (93 judges). Judicial elections are held in odd-numbered years, so the next elec - tion will be in 2013. After the initial term, judges stand for retention to keep their commissions; reten - tion elections are a ‘yes/no’ matter and judges rarely lose retention elections.

Trial judges may also be appointed when a vacancy occurs because of death, retirement or when a commissioned judge otherwise leaves the bench. Appointments are made by the governor, with the approval of the Senate on the recommendation of key political figures. Eventually, the appointed judge must run for election, generally at the next scheduled round of judicial elections. “When you decide to run, you will need a strong support team every step of the way. Think of a campaign as a multi-level legal problem that demands your attention to each level, every day.” Successful judicial candidates in n’t consider the idea of becoming a get the signatures – doesn’t always Philadelphia need credentials, en - judge. Consider this: female candi - work. dorsements, money, voter recogni - dates fare better (in Philadelphia) tion, good ballot position and luck. than male candidates. No one At the same time that your team is Some candidates are successful with knows exactly why, but one theory gathering signatures, you need to little money and good ballot posi - is that female voters tend to vote start raising money. And, as a judicial tion; other candidates succeed with more consistently than men in off candidate, you can’t actually solicit poor ballot position and strong en - year elections, and statistically, contributions – that is the work of dorsements; some successful candi - women prefer female judicial candi - your Campaign Treasurer.You quickly dates have lots of money, good dates in an election where not learn how difficult it can be to iden - voter recognition and not much much is known about any of the tify and effectively organize support - else. Running for judge requires candidates. ers who are willing to part with constant multi-tasking and the ability funds to help you in your effort. But to be comfortable making many de - When you decide to run, you will wait – this may be familiar territory. cisions quickly, frequently without need a strong support team every Didn’t you organize your child’s enough information to feel the least step of the way. Think of a campaign fundraising in pre-school? Weren’t bit comfortable. Candidates must as a multi-level legal problem that you part of your neighborhood’s ef - have strong organizational skills, the demands your attention to each forts to raise money to preserve ability to function independently, and level, every day.Your support team that recreation program/historic the confidence to face criticism and can separate out the tasks and leave property/fight that zoning battle? anger from those who disagree with you in the position of coordinating Challenging, yes, but not impossible. your decisions – qualities which are them. The first task will be to get the Simultaneously, you need to start fil - also essential for the bench. necessary signatures for your nomi - ing your campaign finance reports. nating petitions – at least 1,000 reg - Key to your success will be a ruth - Running for judge is something like istered voters, Democrat or less, nagging accountant who loves getting ready to have a child.You do Republican, depending on your po - to keep track of things and will not absolutely everything possible to litical affiliation. The time period for let you sleep if a filing deadline is prepare for the best outcome, but getting the petitions signed, re - within sight. While there is nothing going into the delivery room, you viewed and filed in Harrisburg is in the least enjoyable about this as - still can’t be sure what will happen. short – usually, about three weeks, pect of running for judge, it is one of There are simply too many variables during the worst weather of the those hidden shoals where cam - outside your control, no matter how year. Many future judges spend mis - paigns easily founder. Campaign fi - well you plan, how strong your cam - erable hours in January and Febru - nance reports are public records paign, how much money you’ve in - ary in front of big box stores, asking scrutinized by people who care vested. shoppers to sign their petitions. deeply about public office and the Why? Because the alternative – rely - candidates who seek it. And they But – this doesn’t mean you should - ing on friends and well-wishers to blog. .2/6%<*25'2152%,16+25( %(=$5 6HFXULQJVLJQLILFDQWUHVXOWVIRUSHRSOHZKRKDYHVXIIHUHGFDWDVWURSKLFLQMXULHV

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0DUNHW6W6XLWH 3KLODGHOSKLD3$   ZZZNROVE\JRUGRQFRP While these things are happening, manage to engage the support of you also are quickly developing a ward leaders and politicians while public persona, and learning how to you seem to have no juice whatso - best publicize this new being.You ever, and you will ask yourself why will need a website.You will need you ever considered attempting campaign literature, always prepared something like this. by union printers and updated as necessary to reflect the endorse - In short, you will expend more time, ments your campaign manager is energy and money than you actually working feverishly to secure.You will have. So, before you jump in, think spend inordinate amounts of time about the following: over seemingly small things, like whether or not to produce cam - I. Talk to candidates and oth - paign literature with your picture on ers who have run. Make an appoint - it.You will need to figure out how to ment – ask about the campaign reach voters – robo calls? Billboards? “...the actual work of experience. Who supported her? Ads in papers? Facebook? And really, being a judge can be How did she finance it? How did what can you say? How do you con - the most satisfying she run her campaign? What did she vey your strengths, your qualifica - chapter in your legal learn? What would she do differ - tions, while hewing to the Canons career.” ently? If she runs again, how will she of the Code of Judicial Conduct? run her campaign? You will have setbacks.You will drive to Harrisburg to pick your ballot II. Volunteer. Whether or not position, or you will learn the results you want to be a judge, volunteer - when a State trooper picks for you, ing for the Investigative Division of and your heart will drop (or not) the Bar Association’s Commission depending on your number.You will on Judicial Selection and Retention work very hard to get an endorse - is a remarkable experience. The In - ment from a large union, or a news - vestigative Division vets Common paper or community organization, Pleas and Municipal Court candi - or the recommendation of the Bar dates who seek the Bar Associa - Association’s Commission on Judicial tion’s recommendation – one of the Selection and Retention (4), and if benchmarks considered by in - that doesn’t happen, for whatever formed voters on Election Day. reason, you will feel about as low as (Caveat: you can’t serve on the you ever have. You will hear how Commission if you plan to run in your fellow candidates somehow the next election cycle.) Volunteer as a poll watcher on Election Day campaigns, Pennsylvania Political Article Endnotes: (1) The manner in which judges get to by contacting the Committee of Campaign Management Database the bench, whether by appointment or election, Seventy (www.seventy.org) and ex - (http://papolcm.com ). has long been a topic of lively discussion and is beyond the scope of this article. An interesting perience what actually happens at piece on merit selection can be found in the Philadelphia’s polling places. Con - While becoming a judge is a chal - December 2009 issue of the ABA Journal, “Want a Qualified Impartial Judiciary? Don’t sider becoming a Committee per - lenging and often frustrating experi - Use Contested Elections”, by Debra Cassens Weiss, www.abajournal.com. son in your ward, and learn from ence, the actual work of being a (2) Traffic Court judges are not law the bottom up how the Democratic judge can be the most satisfying trained; this article is intended for lawyers who are considering election to Municipal and Republican ward systems work chapter in your legal career. All Court or the Court of Common Pleas. in Philadelphia. Volunteer for a elected officials, regardless of the (3) Tom Ferrick, Jr. has succinctly sum - marized local judicial elections in his Decem - friend or colleague who is running branch of government, make deci - ber 20009 article, “Running for Judge: A for judge; learn how campaigns sions regarding the rights, resources Most Dangerous Woman”, available at www.phlmetropolis.com. work. Think about doing pro bono and responsibilities of citizens, but (4) The recommendation of the Philadelphia Bar Association is critical. Keep legal work for the Democratic or trial judges play a unique, though in mind that judicial elections are not well- Republican City Committee, and frequently less visible role. It is well publicized. Informed voters who are concerned with the quality of the bench seek out infor - learn how candidates earn the en - worth the difficult path candidates mation on candidate credentials, and the Bar dorsement of Philadelphia’s political must take. Association’s recommendation is considered a blue ribbon. parties.

III. Do your research. Visit the Pennsylvania Department of State’s Campaign Finance website to learn about the reporting requirements for all candidates for elected office. Become familiar with the Code of Judicial Conduct, and understand that the Canons apply to judicial candidates as well as judges. Familiarize yourself with some of the resources and outlets in the city’s political community: the Public Record is a weekly newspaper that chronicles Philadelphia’s political scene (www.phillyrecord.com); in recent years, free political software has been developed to assist candi - dates in efficiently running their Dean Linda Ammons Dean Linda Ammons is the first woman and first African American to lead Widener University School of Law. In 2010, she was named to the Legal Education Development Committee of the American Bar Association, and she recently completed three years’ service as the Chair of the Cur - riculum Committee of the American Bar Association’s Section of Legal Education & Admissions to the Bar. Dean Ammons has been honored as an outstanding member of the legal profession and is the recipient of numerous distinguished national and state legal and governmental awards, includ - ing, in 2011, the Service to Children Award presented by the Christopher W. White Distinguished Access to Justice Awards program presented by the Delaware State Bar Association. seasons & sea changes...

From the looks of the foliage, the the routine responsibilities involved, I we are not alone. The average person in smell in the air, the crisp, cooler tem - also say it is never the same day twice. developed economies around the world is peratures, and the bright blue skies, fearful, angry, and perplexed as dreams Fall is in residence. I enjoy the Fall, a For a few days, we have experienced of abundance, security, and entitlement time for new beginnings in the acad - normal (beautiful) weather, after what seem more and more elusive.” emy. This is my sixth Fall as Associ - has seemed to be an aberrant season ate Provost and Dean of Widener for rain and storms. In this region, be - In the legal profession, some are pre - University School of Law in Wilming - fore the rains and floods of Irene, we dicting that the golden era of “Big ton, Delaware and Harrisburg, Penn - had an earthquake! We may be more Law” is over. One report indicated the sylvania. I am also celebrating my insecure than usual considering following: “Before the great reces - 20th year in legal education. Nearly Mother Nature’s recent erratic behav - sion of 2008, law firms over a four- half of these years have been spent in ior. The nation is nervous about an ab - year period had already lost nearly decanal – related positions. The time normal state of affairs, relating to the 20,000 jobs. From November 2008 to has flown by. Just as one cannot pre - economy. Unemployment is too high, December 2009, the legal sector lost dict with certainty what the Fall or any houses are devalued, and the stock 56,800 jobs. To put that number in other season will bring, I often tell market cannot make up its mind. perspective, in 2004 there were 1.1 people who ask me about my experi - million workers in the legal industry. ences at the law schools that I never David Brooks of the New York Times says Since 2010, there has been a gain of have a dull moment, and despite all of we are in a “period of austerity.” And 2,100 jobs, leaving a net loss of ...weathering the storm by Dean Linda Ammons “However we are equipped for the journey to our destination...Remember, storms can not last forever. Take courage mates, I can see the shore line.” 54,700 jobs.” This wave of change realities of the marketplace. With de - the Weather Channel had predicted has been coming our way for a while. clining applications, fewer jobs, and rain for the entire time I was to be If you think about it, every major sec - more and more demands from stu - there, it was a beautiful day when we tion in our economy has had to or is in dents, accrediting bodies, politicians, arrived. After being transported from the process of restructuring: the auto - and employers (just to name a few), the airport, we stood on the dock wait - motive industry; housing; technology; law schools and law deans are having ing for our ferry to come to take us to health care; and, the legal profession. to adjust their expectations and pro - Tortola. I watched as the large ferries grams to stay competitive and rele - came and went, and decided that when I do not have statistics on how the cur - vant. Managing the demands (realistic our ferry came, I would be all right. I rent state of affairs is affecting women or not) of all of the constituencies who had to make that assessment because I in the legal profession. Even in good are a part of the greater law school have severe motion sickness issues. I times, women were only 16-18% of universe, in good times can be tricky. do not fly or ride in boats or even in the equity partners in law firms. We Trying to do so, when resources (some the back of buses unless I have my have come a long way since the days of which you control and others which electronic device and meds with me at of when Sandra Day O’Connor had to you do not) and patience are at a pre - all times. Finally, our ferry came, but work for free at a law firm, just to mium, can be complicated. it was not what I expected. It looked practice her skills. However, these like a tug boat. I was a little nervous, numbers do not indicate that women However, one thing is for sure. but resigned to move forward. I stood have broken through the glass ceiling Change is inevitable. No matter what outside and watched people get on. I in large numbers. we do, things will never be the same. checked out the crew and watched This is a season of change. Lest you them load all the luggage and goods When I was appointed Dean of think that I am pessimistic about the being taken to the island. Because I Widener six years ago, there was only future, let me go on record and say cannot endure the rocking back and one other African-American female that I am not. Just as during the great forth when the boat is tied to the dock, dean serving in Washington, D.C. depression, panics, and other reces - the captain and I were the last to Now, there are seven. Out of the 202 sions, when great companies including board. The ride was not the ABA accredited law schools, women Procter and Gamble, General Motors, smoothest, but I turned up my device law deans are 1/3 of the total number. IBM, and Fed-Ex, rose like the and was happy when the 30 minutes Eleven identify as women of color. phoenix out of the ashes, those who were over and we docked at Tortola. know how to innovate, weather the The forecast for our profession in tra - storm, and prepare for after the storm I had a great time. It was sunny and ditional placements in law firms is not will be great exemplars of success. bright the entire time, and then I dis - the brightest at this time, not only be - covered that I would have to leave a cause of the economy, but also we are A story from my vacation illustrates day early in order to make my connec - in the midst of restructuring because the point. I was invited down to the tions back to the States. The same of what the market now demands. Virgin Islands by friends who said: ferry with the same crew boarded us Globalization, technology, and the “Just come; don’t worry about any - for our journey back to St. Thomas. economy require that we think differ - thing; you just need to get away.” I ently about everything. For many, this took them up on their offer, only to When we left port it was overcast, but is a perfect storm that few saw com - discover shortly before arrival, that al - no rain. About 15 minutes into the ing. though I was flying into Saint Thomas, ride, the sky became black, the winds I would actually be going to Tortola in picked up, and the ship began rocking Legal education is not immune to the the British Virgin Islands. Although like a mechanical bull. I heard one ®

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Center City University City Glen Mills 215.972.8333 215.662.5100 610.558.9100 16th and Sansom 37th and Walnut 571 Glen Eagle Square Philadelphia, PA Philadelphia, PA Glen Mills, PA 19342 Monday-Friday 10-7:30 Monday-Friday 10-7 Monday-Saturday 11-7 Saturday 10-6 Sunday 11-5 Saturday 11-7 Sunday 12-5 Sunday 12-5 passenger say that the waves seemed ing, but my destination was ahead. I Concentrate on what you can control. to be 30 feet high, like surfer waves. I remembered that I did not come to had sat by a window, because I am al - Tortola to die. I had done everything 4. If you have doubts about lead - ways looking for a horizon for bal - that I could do to keep myself from ership, do not set off on a journey with ance. Water began trickling in my being sick, so that when I got off the them. Once the course has been set window. The roar of the waves was boat, I could continue with my plans. and things get rough, abandoning ship like nothing I had heard before. I was The journey was not my destination. may not be an option, although it is al - so disappointed – no, frightened - I When we arrived at the dock, it was ways wise to know where the life rafts thought that if I could have only been still raining, but I was in a situation are located. on the big ferry, maybe it would not be over which I had a little more control. so bad. I turned the dial up on my de - Within five minutes of my arrival, the 5. If you can trust those who vice so that the shocks would override storm passed. have traversed the treacherous seas be - being tossed around. I could see noth - fore, to get you to your destination, ing but foam outside. This storm The lessons that I learned from that odds are you will arrive. You may be came out of nowhere, at least so I experience apply to what we are expe - delayed for a few minutes, but you thought. riencing as we traverse through these will get there. storms in the legal profession and in Once I calmed myself, I decided to life. These include: With all the thunderous noise about fight fear with fact. I thought about the future of the country, and our pro - what I had seen both times with the 1. Pay attention to the weather, fession, it is understandable if one ex - crew. They appeared to be knowl - especially if you have to traverse un - periences fear and fatigue. We are edgeable and capable. I then thought controllable waterways. Wanting blue experiencing a climate that is not about the fact that they made this jour - skies doesn’t make them appear. I had sunny and bright, and, therefore, it ney several times a day, and had prob - not listened to the weather forecast for cannot be business as usual. However, ably been doing this for years, in good that day, and had been lulled into com - lawyers are problem-solvers. Turn times and bad. I heard them rev the placency about the weather. that problem into an opportunity. The engines, and I took that as a sign that critical analytical and skills training we would continue to move forward. 2. No matter how sunny and we received in law school is second to For ten minutes - and I was counting - bright it may be, sooner or later it will none, and that is why the law degree is the rocking, noise, blackness, mixed rain, so be prepared for the inevitable. one of the best graduate degrees one with diesel fuel and sea foam, was an I was wise enough to take my medical can acquire. We do not have much eternity. I knew that my options were aids with me and position myself so control over the stormy weather we limited. I certainly was not going to that I could find some comfort. In the are experiencing. However we are get out of the boat. words of Barry Salzberg of Deloitte, equipped for the journey to our desti - proper planning prevents poor per - nation. Remember, storms can not last Then it happened. I saw something formance. forever. Take courage mates, I can see that gave me encouragement. I began the shore line. to make out what was a shore line. 3. Sometimes you will get warn - My destination, although miles from ings about storms, and sometimes you where I was, and obscured by the rain - will not. When trouble comes out of fall, was in view. I encouraged myself the blue, one has to remember to over- with this sign of progress. The boat ride the emotions, fight fear with facts, was still rocking, the waves still roar - especially when facts are on your side. The Case For

Diversity Roberta D. Liebenberg Bobbi Liebenberg is a Partner of Fine Kaplan and Black in Philadelphia, Pennsylvania, and the former chair of the ABA Commission on Women in the Profession and PBA’s Commis - sion on Women in the Profession as well as former Philadelphia Bar Association’s Women in the IN A COURT’S EXERCISE OF ITS APPOINTMENT POWERS Profession co-chair. by Bobbi Liebenberg

Much attention has been focused on whether court appointments in Penn - all races, ethnicities, and genders.” 4 the efforts by law firms and corporate sylvania were sufficiently inclusive of Therefore, it was recommended to the legal departments to promote diversity women and minority lawyers. Consis - Pennsylvania Supreme Court that it and provide greater opportunities for tent with the findings by other state “[e]stablish as a goal increased oppor - women and minority lawyers. There and federal court bias task forces, this tunities for women and minorities to has been far less discussion of whether Report found that women and minori - receive judicial appointments and em - courts have done enough to promote ties were significantly underrepre - ployment with the courts.” 5 diversity through the exercise of their sented on court appointment lists. 1 discretionary appointment powers. This underrepresentation in court ap - The ABA Commission on This is a significant issue because fed - pointments “reduce[d] their opportuni - Women in the Profession recently cre - eral and state court judges routinely ties to gain the experiences necessary ated a Committee which will further appoint lawyers to a number of impor - to further their careers.” 2 Moreover, shine a spotlight on the ability of tant positions, such as lead counsel in women and minority attorneys “per - courts to promote diversity through class actions; special masters; re - ceive that they are excluded from re - their appointment powers. The Com - ceivers; trustees; hearing officers; ref - ceiving court appointments because mittee is comprised of a number of erees; mediators and arbitrators; they are not members of the ‘old boys’ prominent federal and state judges, as guardians; and as counsel for criminal network’ of white male attorneys and well as Lisette McCormick, Executive defendants. judges.” 3 The Committee stressed Director of the Pennsylvania Inter - that although the judiciary has an in - branch Commission for Gender, In 2003, the Pennsylvania terest in retaining discretion as to Racial and Ethnic Fairness, and my - Supreme Court Committee on Racial whom to appoint, “this interest must self. The Committee hopes to educate and Gender Bias in the Justice System be balanced with the need to overcome judges around the country about the released its landmark Report, which the perception (and perhaps the real - need to make appointments which are examined, among other issues, ity) that the system is not accessible to inclusive of women and minorities. We believe that, by securing such ap - versity in the appointment of class result, the Steering Committee that she pointments, women and minority counsel in several other cases as well. 6 appointed was inclusive and diverse, lawyers will also become better posi - with women attorneys placed in lead - tioned to advance within their law With respect to the appoint - ership positions based on their experi - firms and perhaps enhance their ment of class counsel, the Third Cir - ence and qualifications. See, e.g., prospects of becoming judges them - cuit and the Manual on Complex April 9, 2008 Order in MDL No. 1871. selves. Our society and legal profes - Litigation have endorsed the use of sion are diverse, and thus it is “private ordering” among plaintiffs’ Courts can and should utilize imperative that women and minority counsel in order to secure agreement their appointment powers to advance lawyers be afforded an equal opportu - as to who should serve as lead counsel the goal of diversity in the legal pro - nity to secure court-appointed posi - for the class. 7 However, although it fession and the justice system. Ensur - tions. may be desirable to avoid competing ing the full participation of women lead counsel applications, there is a and minority lawyers in court-ap - One federal district court risk that women and minority lawyers pointed roles will demonstrate that the judge who has taken the lead in the ef - may be shortchanged in the “private judicial system is fully committed to fort to promote diversity in judicial ap - ordering” process. This risk is exacer - fairness and equality for all, not just in pointments is Judge Harold Baer of bated by the fact that courts presented words, but also in deeds. the Southern District of New York. with stipulations concerning the ap - Article Endnotes: Judge Baer became concerned by the pointment of class counsel often ap - lack of female and minority lawyers at prove such stipulations without 1.“Final Report of the Pennsylvania Supreme 8 Court Committee on Racial and Gender Bias law firms, and concluded that he could conducting a rigorous analysis. in the Justice System,” Chapter 8, “The Court help address that problem by taking as Appointer,” at 294. Report available at http://origin- diversity into account in making ap - At the Federal Bench Bar www.aopc.org/NR/rdonlyres/EC162941F233 pointments of lead counsel for plain - Conference held in June, 2011 in 4FC6-9247-54BFE3D2840D/0/FinalRe - tiffs in class actions. For example, last Philadelphia, Judge Cynthia Rufe of port.pdf . See also “Gender Fairness in the Courts: Action in the New Millennium, by Fall, Judge Baer entered an order in a the United States District Court for the Lynn Hecht Schafran and Norma J. Wikler at securities class action directing the Eastern District of Pennsylvania spoke 123 (2001) available at http://womenlaw.stanford.edu/pdf/ two plaintiffs’ firms serving as Co- about the importance of diversity in genderfairness-strategiesproject.pdf . Lead Counsel for the class to “make the appointment of counsel for a plain - 2.Id. at 296. every effort to assign to this matter at tiff class. She discussed her selection 3.Id. 4.Id. at 298. least one minority lawyer and one of the Plaintiffs’ Steering Committee 5.Id. at 299. woman lawyer with requisite experi - in the Avandia Marketing, Sales Prac - 6.In re J.P. Morgan Chase Cash Balance Litig., 242 F.R.D. 265, 277 (S.D. N.Y. ence.” In re: Gildan Activewear Inc. tices and Products Liability Litigation, 2007); Spagnola v. Chubb Corp., 264 F.R.D. Securities Litig., 2010 U.S. Dist. MDL No. 1871. In that class action, 76, 95 n. 23 (S.D.N.Y. 2010); In re Dynex LEXIS 140619 at *3 (S.D.N.Y. Sept. Judge Rufe emphasized to Plaintiffs' Capital, Inc. Securities Litig., 2011 U.S. Dist. LEXIS 22484 at *25 (S.D.N.Y. March 7, 20, 2010). Judge Baer emphasized counsel that she wanted qualified 2011) (“diversity is a factor of critical impor - that “this proposed class includes women and minorities to be well rep - tance” in the appointment of class counsel.) 7.Report of the Third Circuit Task Force, Se - thousands of participants, both male resented on Plaintiffs' Steering Com - lection of Class Counsel, 208 F.R.D. 340, 345 and female, arguably from diverse mittee, that all appointments would be (2002); Manual for Complex Litigation backgrounds, and it is therefore impor - made by the Court through an open Fourth §21.272 (2004). 8.See Robert H. Klonoff, Multi-Jurisdictional tant to all concerned that there is evi - application process completed by on- and Cross-Border Class Actions: Symposium dence of diversity, in terms of race and the-record interviews, and that the Issue: The Judiciary’s Flawed Application of Rule 23’s “Adequacy of Representation” Re - gender, in the class counsel I appoint.” Court would not be restricted to rec - quirement, 2004 MICH. ST. L. REV. 671, Id. Indeed, Judge Baer has demon - ommendations based on any "old boys' 673 (2004). strated his strong commitment to di - network" of plaintiffs' lawyers. As a Jennifer Weed Jennifer L. Weed is a litigation attorney in the products liability section of Lavin, O’Neil, Cedrone, Ricci & DiSipio, a firm which she feels implements many of the “female friendly” factors discussed in this article. Before relocating to the Philadelphia area in 2006, she was a shareholder in a Santa Fe, New Mexico firm where her practice focused on products liability, medical malpractice and commer - cial litigation. [email protected] Why Women Leave the Profession by Jennifer Weed

The reasons why women leave the legal profession – and, in particular, law firms – is a topic that has generated a lot of buzz over the years. Yale University hosted a symposium on the topic in 2009, and several bar as - sociations have hosted seminars asking, “Why Women Walk.” 1 In Feb - ruary 2007, California Lawyer magazine devoted a cover story to the issue entitled, “We’re Outta Here: Why Women Are Leaving Big Firms.” 2 While many symposiums and seminars focus on problems women face in large law firms, women leaving the legal profession is a systemic problem. Personally, the worst law firm environment I worked in was a very small firm with about 10 lawyers (mostly men) and no women partners.

The numbers are telling. Despite comprising 50% or more of graduating law school classes, women hold only 20% of the top-level jobs (judges, general counsel at major companies, equity partners at law firms, etc.) Given the numbers of women graduating from law school, we should all ask: Why aren’t half the justices on the U.S. Supreme Court women? Why are the percentages of women partners in national firms so low?

Having practiced as a litigation attorney in three diverse regions (Texas, New Mexico and Pennsylvania) over a 20-year career span, I know many high-quality women lawyers who left their firms – and, in some cases, the pro - fession – for a myriad of reasons. But one factor stood out more than any other: workplace flexibility. Simply put, firms that offer flexibility – and mean it – will attract and retain top female talent.

Workplace flexibility, as defined by the women lawyers in my “non-scientific” survey of current and former col - leagues, does not just mean offering reduced hours for lower pay. It encompasses options such as: (a) offering telecommuting to allow working moms to work from home when needed; (b) changing start times as needed; and (c) not penalizing those who opt to work reduced hours by denying them partnership opportunities and/or giving them uninteresting work.

After workplace flexibility, firm culture was the next most important factor cited by the women I spoke with in deciding whether to stay or leave. Law firms with several female attorneys – particularly at the partnership level – tend to be viewed more posi - tively than those with only men at the top. One younger woman I interviewed (who left her firm to go in-house) men - tioned that she was disheart - ened by the life-styles of the senior women she worked with: None had children and only one was married. So, al - though she worked at a firm with women at the top, she felt that the culture did not promote work-life balance.

Now, why should law firms care about retaining female legal talent? One hiring part - ner I spoke with (a man) at an out-of-state firm explained why he believes it’s important to foster a culture that keeps women lawyers: “We want to retain top talent. In my experience, many of the top law school graduates are women.” That has certainly been my observation as well. Of my graduating law school class, well over 50% of the students in the top 10% were women. Sadly, at my 20th reunion, many of those talented women had left the profession because “they wanted to have lives,” as one former classmate said.

Besides retaining talent, law firms should realize that losing women associates is expensive and bad for business. Clients want continuity. The women in-house attorneys I spoke with expressed frustration with firms that have a “revolving door.” Firms also should recognize that many in-house lawyers are women who will be making the decisions on which firms will get their company’s work. A firm that is viewed as “non-female friendly” may very well lose that business. Some companies now mandate that outside counsel have women lawyers as part of their trial teams. And many corporations survey outside firms annually to determine whether those firms are meeting their diversity requirements.

Ultimately, the legal profession benefits when firms adopt – and truly implement – flexibility policies that pro - mote work-life balance for their female attorneys. Women bring different perspectives and skill sets to the pro - fession that firms should value and recognize. The world, fortunately, has evolved since Sandra Day O’Connor worked for free to gain experience when law firms were not hiring women at the time she graduated from Stan - ford in the 1960s. But fifty years later, too many firms give lip service to work-life balance initiatives, and do not implement them – to their detriment, in my experience. Article Endnotes: 1. See, e.g., Jane Beddall, “CBA Symposium on Women in the Legal Profession,” June 7, 2008. 2. Maliaka Costello-Dougherty, “We’re Outta Here: Why Women Are Leaving Big Firms,” California Lawyer Magazine (February 2007). g Kathleen D. Wilkinson n

i Kathleen D.Wilkinson is a partner at Wilson Elser Moskowitz Edelman &

k Dicker LLP, former co-chair of the Women in the Profession Committee

a and current Vice Chancellor of The Philadelphia Bar Association.

e [email protected] p S y l l a c

i BEING n h c

e BERRY CONNECTED by Kathleen D. Wilkinson T

One of the biggest issues women attorneys face is they are supposed to be? how to keep everything in balance. Some of us thought that the invention of email, “smart” phones, I believe because most women attorneys are won - blackberries, and being able to work remotely would derful multi-taskers, most of us have been trying to do liberate us. My experience shows this has not been two or more things at the same time, while checking the case. While blackberries keep us in touch with blackberries. Some of us have forgotten how nice it the office and our clients, it also in - was not being tied to an electronic terferes with our ability to discon - device 24/7. nect with the office. Are you paying attention at CLE programs Do you call anyone anymore? Do or office meetings or looking at you hide behind the blackberry? your blackberry? Are you really lis - Do you leave your office and in - tening when you are also looking teract with other attorneys or even at your email? Do you take calls human beings anymore? If you from your cell phone while meet - have an issue in the office, do you ing with a client, a friend, on the get up from your chair to talk in phone with another attorney? person to someone in your office or do you call the person to dis - Do you check your emails on va - cuss? Many of us have forgotten cation? How about while on the beach? Are you human interaction. Some of us have forgotten how to reading books anymore or only have time to review be civil and professional in our email communica - a magazine or newsletter because you are tied to your tions. blackberry? Are you eating dinner with your black - berry hidden under the table, checking messages? Recently, I have been having problems with my black - Are you looking at emails while waiting for your child berry and went an entire day out of the office without to get on the school bus? Are you checking for text the ability to check messages. It was like “olden” messages from your child to see if he or she is where days when we had no blackberries and email had just been invented and we had to wait till we got home to about checking your messages every five minutes. check messages. Since the blackberry is also my cell phone, I was unable to check my messages until after It might be better to put an out of the office or auto - 5 p.m., when my blackberry was back in service. It matic message to be sent when out of the office stat - was very liberating! I had a very enjoyable day with - ing you will respond to the inquirer as soon as you out the electronic device being tied to me. can.

We really need to give more Often, if I receive an email in the thought to turning the blackberries office I will call the person back or off and keeping them off, or put walk over to answer their question. them away when at home and While it may take a few extra min - connecting with our families. For utes to do so, it leads to a more in - some of us, it is less stressful to structive response to the inquiry. check our messages and stay on Similarly, if I receive an email from top of them while on vacation. an attorney outside the office or a That may be fine if you do so at se - client I may call the person directly lected points during your vacation instead of emailing back. This and put them away at other times leads to better interaction between during the vacation. You should you and opposing counsel or the not be touring museums and checking your messages client. at that same time. In conclusion, while it is great to stay connected, bear On the other hand, for many of us, we feel if we are in mind you do so at the risk of the loss of a true va - not always checking our messages we may risk not cation experience, connecting with your family, and getting a new assignment on a case or something is becoming a virtual office with no human interaction urgently needed by a client but the client goes else - anymore. where. Again, balance is the key and not obsessing

wip news editorial mission statement & contributor guidelines The Women in the Profession (“WIP”) Newsletter aims to promote and enhance the professional growth of women in the profes - sion by presenting unique and relevant perspectives, advice and opinions on pertinent issues and disseminating information of in - terest to WIP committee members and supporters of WIP. The WIP Newsletter will provide a vehicle to explore creative solutions and provide a forum for both current and persistent issues impacting women in the profession today. The WIP Newsletter is com - mitted to promoting diversity, a broad concept that includes race, ethnicity, gender, religion, age, disability, sexual orientation and gender identity, and many other aspects of diversity, and seeks diverse contributors from all practice areas and sectors.

SUBMISSION GUIDELINES: 1. Articles should address timely issues and topics, and should not have not been published elsewhere. 2. Articles should not endorse particular individuals, services, or products. 3. Articles should be at least 750 words, but no longer than 1500 words with the exception of feature or lead stories which may exceed the 1500 word count. 4. Submissions for the “War Stories” column should not exceed 650 words and be based on personal experiences and aimed at teaching and shedding light on issues of importance to women in the profession. 5. Submissions of “News from Other Women’s Organizations” should be between 50 and 150 words and provide news about events of interest to women in the profession. i w i and numb ow hard pr T l per must atorney And i of tr my i i searc ter c founde expr to Women c l atorney ng, ng egal s la ng aw ently ould he hy ib ac cont er other r ners s spectiv ute own a pr c f tic hir ru b a i th irms our some hing way) t pr i b

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0 ognized by her peers as a Super Lawyer for the third year in a row, two of

1 her briefs have been published and she is President of the Temple Law Alumni Association. She specializes in business law and general liability S matters, indvidual and business contracts and agreements, general real es - S tate law and residential mortgage law. [email protected] E N I S U

B SEVEN STEPS to Starting a Law Firm by Sheryl Axelrod

Owning a law firm is not for everyone. It’s for those who are The people in your current office know how skilled you are. If passionate about what they do, confident in their abilities, have they like you and think highly of your work, they might refer business acumen, and the gumption to believe they can make you business. I worked at Blank Rome before starting my it. firm. Alan Hoffman was the Chair of the Litigation Depart - ment. In addition to being an outstanding lawyer and leader, My eyes light up when I talk about my three-attorney, certi - he was a mentor. Before I left, I gave him four weeks’ notice. fied woman-owned law firm, The Axelrod Firm. It’s a source I made sure the Firm could smoothly transition a new attorney of tremendous pride. I created the law firm of my dreams. in my place. Alan and other attorneys at Blank Rome includ - ing Rebecca Ward, Mary Mullaney and Rich Kremnick, know Now, the dream of creating the Firm started recently. The con - what I can do and are supportive. If you leave a firm, leave cept was not even on my radar until I had practiced over 12 your relationships with the people in it intact. These are your years, but it should have been. This article is dedicated to each colleagues, your friends. Be good to them. woman in the profession who knows she is good at what she does and wants to be her own boss. Here’s how. b. Do build networks: Join groups you like. I’m active in the Temple Law Alumni 1. Get good: Association and in the Philadelphia Bar Association where I’m Get really good at an area of law and business savvy. Get so a member of this Women in the Profession Newsletter Com - good that if a client could afford any attorney they wished, mittee and the Investigative Division of the Commission on within your area of expertise, you know down to your core the Judicial Selection. Such groups are a great way to meet peo - client should retain you. Make sure you also know the busi - ple and bring in business. ness of law. You need to know what you can command in the way of an hourly or contingent fee and, if applicable, retainers. Also, build a referral network. Find talented people in other specialties who you can refer business to and who will refer 2. Build relationships: business to you. The key to being a relationship builder is easy: like people. If you like people, you’ll wish them well, take an interest in them 3. Decide what your firm will be: as people and professionals, and enjoy getting to know them. Be clear what services you will provide. Will you be a general If you like them, you’ll want to help them succeed, and you’ll practitioner or have a specialized practice? Figure out how to help them. Along the way, you will build a network of people distinguish yourself from the competition. There are good who can give you work, or recommend you to others. Look coaches who can help you brand your business. out for our next Newsletter where I’ll be writing more on the topic. 4. Keep costs down: You can make a lot of money on your own, more if you keep There are two important tips worth mentioning here: don’t your costs down. When you are starting out, you might not burn bridges and do build networks. need the most posh location. You might actually benefit from sharing space with other lawyers and developing a referral net - a. Don’t burn bridges: work. You also might not need the most expensive website or tech support company. able to commit to specified hours on specified days. Don’t miss out on the opportunity to work with someone great. What Unless you can get healthcare coverage through a spouse, you you give them in flexibility, they may return in enthusiasm and are going to need to purchase your own. I recommend using a great work product. a broker. I went with a high deductible, personal choice pol - icy and have been happy with the choice. 5. Put systems in place: Before starting your firm, come up with a way to track your You will have to purchase office supplies. Consider not only clients’ costs back to their files. If you do hourly work, come getting a printer and copier, but a scanner. You can keep the up with a way to track hours spent on a particular client back number of physical files, purchases of paper and ink jets down to the case. There are good software programs that can help. if you scan and store a lot of your data on your hard drive. Re - gardless, make sure you have a good backup system. If you do hourly work, decide on your rate. If you do contin - gency fee work, decide on your percentage, whether you will If you can, avoid entering into personal guarantees for your enter into mixed fee agreements and what those agreements office space and copiers. These days when you are looking will look like. Come up with a form fee agreement you can for office space, it’s a renter’s mar - tweak to the particulars of your cases. ket, and you may be able to find rel - atively inexpensive copiers on sale or Figure out how you will run conflict from defunct firms. You might be checks. Decide on a document reten - able to get your printer and scanner “Work with tion policy and the programs you will that way, too. Look for pieces that use (Word, WordPerfect, etc.). Find a multitask. Get a copier that can also companies that good, reasonably priced accountant scan and print. That way, you will and bookkeeper. If you can afford to save money and not need to fit a ton hire someone, your bookkeeper can of big machines in your space. I rec - enhance your also be your administrative assistant ommend getting two all-in-one prod - and office manager. ucts so if one is down, you are not. For faxing needs, I recommend e- business, or at the faxing. 6. Know the numbers: very least, will Think through the business of running You will need a computer and I a firm. Figure out what your overhead would not skimp on that. You want is and budget what you expect to bring good equipment that works effi - accomodate your in. You are going to want to make ciently and lasts for years. You also money and you are going to need to need to think though how you are needs.” pay taxes. Make sure your costs are far going to handle tech support, who below what you expect to bring in. If you will call or turn to when your you don’t already have a book of busi - computer or scanner isn’t working. ness, budget to have enough funds to There are small companies that work float your practice for at least two with solo practitioners and are rela - years. tively inexpensive. They do much of their work remotely, keeping their overhead down, and pass on the savings to you. 7. Work with vendors that support your business: Work with companies that enhance your business or at the very You will have to cover the cost of doing legal research, too. least, will accommodate your needs. Talk to them openly Lexis and Westlaw offer deals that are worth exploring, and about whatever issues you foresee. Smart vendors will be ac - the Bar recently came out with its own product. You can also commodating. They know if you grow, their business with look into joining a law library or, if geographically sensible, you may grow, too. using the one at your local law school. • • • Avoid signing long-term contracts of any sort, especially lease contracts. Your rent will probably be your single biggest cost. If you start a law firm, your stress level will skyrocket. Your A year from now, you might want a very different contract free time will evaporate. You will eat and breathe your firm’s than the one you signed when you first opened. Leave your - business, stay up late and take it with you into your personal self room for flexibility and growth. life, but it may just be the best decision you ever made. One day you will take a breath and look. You created a law firm. If you can afford to hire staff, be flexible. You might not need Hopefully, it’s just as you dreamed. someone full-time but your best part-time prospect may not be .

. by Susan E. Satkowski .

s Susan E. Satkowski is a shareholder with Lavin, O’Neil, Ricci, Cedrone & e DiSipio where she is a civil litigator concentrating on the defense of product h liability cases, commercial matters and insurance issues. She is also admitted c to practice in New York State. [email protected] n e r T e

h Heard the one about t

n the Lady Lawyer, the Moose I and the Elvis Impersonator?

Nearly thirty years ago, back in the days when the phrase I also learned a very important principle of law: generally “woman litigator” was still somewhat of a rarity in Philadel - speaking, the employer is not liable for the acts of the inde - phia, I had the opportunity to defend a Loyal Order of Moose pendent contractor. Which brings me to Elvis.... in a case involving an accident during a performance by an Elvis impersonator at the lodge. A very large speaker had The Elvis impersonator and his tribute band were the co-de - fallen on a guest’s head during one of the set breaks. The guest fendants, and that made the case, well, fun. Getting ready for was quite an Elvis fan and had a front row seat. She was suing the depositions, I wondered, would “El” be more like the clas - for personal injuries, including hearing loss. “You Ain’t sic 1950’s Elvis or the later, glitter and sequined-suited, Vegas Nothin’ But a Hound Dog,” comes to mind in thinking about version? Much to my chagrin, the impersonator looked the case in retrospect, but I will listen to those who say, “Don’t NOTHING like the King. I never did get to hear him sing. At be Cruel.” depositions, I asked everyone to draw diagrams of the stage, equipment, the speaker “in question” and its proximity to I envisioned client meetings might involve furry hats, defi - plaintiff’s front row table in the audience. In getting ready for nitely lots of cigar smoke, and perhaps some secret hand - trial, when we went to look for the exhibits that the court re - shakes. Written discovery was accomplished by mail, but I porter presumably took, the diagram drawn by plaintiff was steeled myself for the meeting to prepare the members for their not attached to the transcript. Lesson no. 2: if a witness cre - depositions. I imagined they would be thinking, we have a ates a new document, make an EXTRA copy for your files and woman lawyer? She’s not even allowed to be a member! At take it with you after the deposition. the very least, I probably would not engage in smoking cigars or back slapping. Of course, those depositions were canceled at least one time because my (first) car overheated on Broad St., on one of those I met the officers on a night when they were having one of “dog” days of summer in Philly. The tow truck driver no their regularly scheduled meetings. Smoke did in fact fill the sooner got my car into a bay, when he went out for another air, but the meeting went just fine! In the end, I felt I had won call. I had no idea how I would get out of there, let alone back their confidence in my handling of the case. I learned a lesson to the office. I tried not to get oil or axle grease on my mint that would repeat itself again and again over my career: just be green suit and beige pumps while calling the now very irate yourself, but be prepared. We had “suspicious minds” and opposing counsel from a pay phone in the garage. Lesson No. questioned the hearing loss. In fact, it was not caused by 3 and in closing: Let It Roll! trauma.