®

October 2003 The Monthly Newspaper of the Philadelphia Bar Association Vol. 32, No. 10 Business, Marking Constitution Day Government Symposium Set for Nov.

by Jeff Lyons

Former Pennsylvania Gov. Mark Schweiker and Lincoln Financial Group Chairman/CEO Jon A. Boscia will be the featured speakers at the Chancel- lor’s Symposium “The Impact of Gov- ernment Policy on Business” on Thurs- day, Nov. 6 at The Downtown Club in

yons the Public Ledger Building, 6th and f L Chestnut Streets, from 8:30 a.m. to 1:15 p.m.

Photo by Jef Boscia will discuss “One Company’s Lynne Cheney, wife of Vice President Richard B. Cheney, talks to school children at the National Constitution Center on Sept. 17. She Story - Why Lincoln Financial Chose was joined by Education Secretary Rod Paige (second from left) and actors portraying famous figures from American history. Cheney Philadelphia.” In addition to Schweiker, also spoke to new citizens at a naturalization ceremony sponsored by the Philadelphia Bar Association. See Page 13 for more photos. president and CEO of the Greater Phil- adelphia Chamber of Commerce, pan- elists will include Chancellor Audrey C. Foundation Kicks Off New Talley, distinguished business execu- Anatomy of an Upset: tives, attorneys and academicians. They will participate in panel discussions Fall of Bona Fide Rule Access to Justice Campaign and address many issues including: by Daniel A. Cirucci Does the present regulatory environ- by Gerald A. McHugh Jr. members of our profession, at great ment aid or impede business? Do personal and professional sacrifice, changes in the regulatory environment It all started in the fall of 1996. The unique promise of the have dedicated their careers to present opportunities or barriers for It was then that Chancellor Francis P. American legal system is the ideal making Philadelphia a national business? How will your clients con- Devine and the Philadelphia Bar Association of equal justice under law. Some model for public interest practice. continued on page 10 first showed interest in a possible challenge say that it has never been more Making the promise of equal to a rule requiring that lawyers maintain a than an unkept promise. Others justice a reality takes sustained “bona fide office” in New Jersey to practice in say we can make it real. What do commitment. The private bar, with the state. In This Issue ... you believe? By contributing to the the support of government, has The Third U.S. Circuit Court of Appeals new Access to Justice campaign, been generous with its support. 3 Frontline was weighing a challenge to the constitution- you can give your answer. With all we have accomplished, ality of the regulation filed by a young New Over the past 40 years, through however, we must find a way to do 7 Women in Politics York lawyer, Robert Tolchin. the creation of a sophisticated net- even more, because if our resolve While the Association was initially wary of 9 Pro Bono Survey work of civil legal services, we have wavers, what we have accomplish- the Tolchin case itself, Devine did appoint a made great progress in ensuring ed is in danger of being lost. The seven-member task force to study the bona 12 YLD ZooBoolee that the poor, the elderly and the present problem is three-fold. First, fide office issue. Task force members included disabled all have representation government support of legal ser- 17 Arts & Media continued on page 16 when required. Some of the best continued on page 8 knipes cohen 1/4 page ad otto’s bmw full-page ad

2 OCTOBER 2003 2003 / BAR REPORTER

Start Thinking About Giving, Not Getting by Audrey C. Talley more than ever. Because the sad fact is approach you personally. Or, you will that grant funding has steadily receive a phone call. One way or Are you a giver or a getter? decreased from 2001 to 2003. This year another, we'll be asking you to be a Are you naturally inclined to see FRONTLINE we will have to work overtime to raise giver. what you can contribute or discover and distribute the funds that we need. Think about it: Is there any better what you can grab? Yes, some of the downturn is due to time to help ensure equal access to jus- If we were to be completely frank I the drop in the stock market and tum- tice than right now? Now, when many suppose most of us would hesitate a bling interest rates. But that doesn’t feel that our rights and freedoms are bit before answering these questions. change the fact that funding is drop- threatened and now when we proclaim Because it’s probably fair to say that ping while people are hurting. More and attempt to advance justice and there is a bit of the giver and the getter indigent Philadelphians need more of equality in other parts of the world - in all of us. One would hope that most our help now than ever before. this is the time to support and defend of us aspire to be givers. But one sus- You already know many of the equal access right here in our own pects that life also teaches us to get are asking you to give to the Philadel- agencies that benefit from the Bar community. what we can before someone else phia Bar Foundation’s Access to Justice Foundation’s grants: Philadelphia VIP, Bar Foundation trustees and other makes off with it. campaign. We want you to contribute the SeniorLaw Center, the Support Bar leaders will staff the phones during Furthermore, as lawyers, we’re often $100 or more to provide access to jus- Center for Child Advocates, and the the fund drive. And we’re going to motivated to get what we can for our tice for people who need but cannot Homeless Advocacy Project, just to make it quick and easy for you to give. clients and ourselves. In negotiation or afford legal help. All of the money that name a few. You know of the fine work You can use your credit card. All you litigation, we also learn not to give the Foundation collects will go to of these and other groups. You under- have to do is say: “Yes. Yes, I believe in unless we absolutely have to: don’t Philadelphia area law-related public stand how important they are to the equal access to justice. Yes, I want to give ground; don’t give in; don’t give service agencies in the form of direct cause of equal justice and to the fabric help. Yes, I am a giver.” up. Indeed, all of this almost seems to grants. We need to fund 26 different of our community. This is the first year of what we be part of our training and is often agencies this year with individual Now, we’re launching what amounts hope will be an annual drive. Let’s get reinforced by experience. Fair enough. I grants ranging from a few thousand to a base-level membership drive for it off to a generous start! understand. dollars to nearly $100,000. These agen- the one law-related charitable group cies rely on the Bar Foundation, the Bar that supports all of these agencies: the Audrey C. Talley, a partner at Drinker Biddle & Reath But now I want you to stop think- LLP, is Chancellor of the Philadelphia Bar Association. ing about getting and start giving. Association’s charitable arm. Philadelphia Bar Foundation. You will Her e-mail address is [email protected]. From Oct. 13 to 24 your colleagues And right now the money is needed get an e-mail. Or, someone will Resolutions Aimed at Ending Bias OK’d Editor-in-Chief by Jeff Lyons mendations of the Pennsylvania rights of litigants with limited English Bruce H. Bikin, Esq. Supreme Court Committee on Racial proficiency or disabilities to equal Associate Editors The Board of Governors has and Gender Bias as to litigants with access to the judicial system. Molly Peckman, Esq. approved two resolutions aimed at limited English proficiency and persons The second resolution supports a Sunah Park, Esq. ending bias in the justice system and a with disabilities, including establishing plan in the Pennsylvania State Nina Wright-Padilla, Esq. Daniel J. Anders, Esq. third calling for the repeal of legislation interim formal hiring and contracting Assembly to establish a legislative that amends Pennsylvania’s Estate Tax. procedures for court interpreters who advisory committee that would draw Contributing Editor All three resolutions were approved have met court interpreter certification on specific recommendations to write Richard Max Bockol, Esq. unanimously at the Board’s Sept. 25 requirements under other jurisdictions legislation aimed at eliminating bias in meeting. (including New Jersey) that have estab- Pennsylvania’s justice system. Advisory Editors Merih O. Erhan, Esq. The first resolution calls for the Bar lished objective criteria for certification The Estate Tax resolution was intro- Marc W. Reuben, Esq. Association to participate in the of competency of interpreters. duced because of questions concerning Campaign for Litigants’ Equal The resolution also urges continuing statutory provisions of the Estate Tax Director of Publications and New Media Mark A. Tarasiewicz Participation seeking statewide imple- legal education programs and training violating uniformity requirements of mentation of the recommendations of programs for judges, attorneys, court the Pennsylvania Constitution. The Managing Editor Jeff Lyons the Pennsylvania Supreme Court personnel, administrative agency per- Constitution calls for all taxes to be Committee on Racial and Gender Bias sonnel and quasi-judicial decision- uniform upon the same class of sub- Copy Editor in the Judicial System as to litigants makers to incorporate into their pro- jects. If the amended provisions of the Kate Maxwell with limited English proficiency and grams appropriate training and educa- Estate Tax were ruled unconstitutional, Associate Executive Director advocating for litigants’ equal access to tion in working with language and sign it could have a damaging effect on for Communications and Public Affairs the judicial system of Pennsylvania and interpreters and in promoting the state revenue. Daniel A. Cirucci in proceedings before state administra- Executive Director tive agencies without regard to liti- Kenneth Shear gants’ English language proficiency or The Philadelphia Bar Reporter (ISSN 1098-5352) is published monthly and available by subscription for communication disabilities. $45 per year by the Philadelphia Bar Association, 1101 The resolution also calls for the There’s Only One Genuine Legal Directory Market St., 11th fl., Philadelphia, Pa. 19107-2911. Periodicals postage paid at Philadelphia, Pa. POST- Association to work with the First This fall, you will be contacted by the Philadelphia Bar Association's official MASTER: Send address changes to Philadelphia Bar Judicial District to establish a Litigants’ publishing agent, Media Two, to update your listing in the annual Legal Reporter, c/o Philadelphia Bar Association, 1101 Market St., 11 fl., Philadelphia, Pa. 19107-2911. Equal Access Committee with partici- Directory. Telephone: (215) 238-6300. Association Web site: For more than 100 years, this invaluable resource - listing every attorney www.philadelphiabar.org. Newspaper e-mail address: pation from the judiciary, the Court [email protected]. The editorial and other views Administrator’s office and advocates for and law firm in the Delaware Valley - has been the only directory endorsed expressed in the Philadelphia Bar Reporter are not nec- essarily those of the Association, its officers, or its persons with limited English proficien- and supported by the Philadelphia Bar Association. members. Advertising rates and information are avail- cy. The Equal Access Committee will Don't be confused by others! Look for our listing form shortly. For more able from Media Two, 22 W. Pennsylvania Ave, Suite 305, Towson, Md., 21204. Telephone: (410) 828-0120. identify the extent to which the First information, contact Mark Tarasiewicz at [email protected]. Judicial District can implement recom-

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

BAR REPORTER / OCTOBER 2003 3 otto’s mini full-page ad

4 OCTOBER 2003 / BAR REPORTER

October Quarterly Meeting and Luncheon Justices O’Connor, Ginsburg Citizens Pro Bono to Address Bar; Honors for Talley Nominees by Daniel A. Cirucci

The Philadelphia Bar Association Sought will mark an historic day on Thursday, Oct. 23 when Chancellor Audrey C. Tal- by Daniel A. Cirucci ley welcomes U.S. Supreme Court Just- ices Sandra Day O’Connor and Ruth Nominations are now being Bader Ginsburg as guest speakers for accepted for the Citizens Pro the Quarterly Luncheon Meeting at the Bono Award, which will recog- Philadelphia Marriott Hotel on Market nize outstanding volunteer Street. efforts to help provide legal ser- A limited number of tickets are vices to those in need. available for the event. Visit www. According to Chancellor philadelphiabar.org to order tick- Audrey C. Talley, the Association, ets online. the Philadelphia Bar Foundation The rare joint appearance by the Justice Sandra Day O’Connor Justice Ruth Bader Ginsburg and Citizens Bank will present only women ever to sit on the nation’s two awards recognizing pro highest court will mark the 10th anniv- mously) the first woman to serve as an bono publico (for the good of the ersary presentation of the Association’s Orphans’ Court judge in Pennsylvania public) volunteer efforts. The annual Sandra Day O’Connor Award (2001); and Ellen T. Greenlee, chief awards will be presented to a law and the presentation of the first Ruth defender for the Defender Association firm and and a legal department Bader Ginsburg Award for legal writ- of Philadelphia (2002). at the Philadelphia Bar Found- ing. The new Ginsburg Award will honor ation’s Andrew Hamilton Ball on The O’Connor Award is given to a the winner of the Ruth Bader Ginsburg Nov. 8 local woman lawyer who has best ex- “Pursuit of Justice” Legal Writing Com- The first Citizens Pro Bono emplified the ideals of Justice O’Conn- petition. Honoring excellence in legal Award was presented on April 3 or. This year, the award will be present- writing and analysis, the award is pre- to Jeanne Zelkowitz of Dechert ed to Chancellor Audrey C. Talley. sented to a local second- or third-year LLP at the Association’s Quarterly “We had many strong candidates for law school student who has submitted Meeting. Zelkowitz was honored the award this year, but the Committee the best law review quality paper on for her work with the Homeless was unanimous that the award should any topic related to rights, privileges Advocacy Project. go to Audrey. We knew that some and responsibilities under federal law. Though the awards will con- might find it strange that the sitting This year’s winner is Kimberly Kimberly Bartman tain a monetary component, the Chancellor would be the recipient of Bartman, a 2003 graduate of the Temple monetary portion will take the the award. The Committee considered University Beasley School of Law. delighted and promptly accepted our form of a grant to a law-related this but felt that it would be unfortu- Diane Edelman, assistant dean for invitation,’’ the Chancellor explained. public service agency designated nate if that was the only reason Audrey legal writing at Villanova University “Likewise, Justice Ginsburg was pleased by each honoree. “In this way,” did not receive the award this year,” School of Law, and Kathleen D. Wilk- to lend her name to this new honor Talley said, “we will recognize the explained Nicole D. Galli, co-chair of inson, a partner Wilson, Elser, Mosk- and accepted our invitation to be here good works of law firms, legal the Association’s Women in the owitz, Edelman & Dicker LLP, were co- for the first presentation. To think that departments and individual law- Profession Committee, which presents chairs of the competition. both of the justices will be joining us is yers by parlaying that recogni- the award annually. Bartman, who graduated from law more than we could have ever imag- tion into additional help for legal “Audrey was the driving force be- school cum laude and in the top 10 per- ined. It’s overwhelming,” Talley said, service agencies that reach out to hind the award when it was founded cent of her class, started work last “and we are very gratified.” those who need but cannot 10 years ago, and so it is only fitting month in the general litigation depart- Justice O’Connor served as an Ariz- afford such services.” that she receive the award during its ment at Dechert LLP. The Jefferson City, ona assistant attorney general from Talley stressed that the awards anniversary year, when Justice Mo., native did her undergraduate 1965 to 1969, when she was appointed would recognize truly extraordi- O’Connor (and Justice Ginsburg) will be work at Texas Christian University. to a vacancy in the Arizona Senate. In nary work in the pro bono area. here,” Galli said. Judges for the competition included 1974, she ran successfully for trial “With the generous help of Past winners of the O’Connor Award U.S. District Court Judge Anita B. Brody; judge, a position she held until she was Citizens Bank these awards are include: U.S. District Court Senior Judge Judge Abraham Gafni, Villanova Univ- appointed to the Arizona Court of designed to recognize pacesetting Norma L. Shapiro (1993); former Penn- ersity School of Law; Prof. Elizabeth Appeals in 1979. President Ronald Rea- pro bono contributions - the sylvania Supreme Court Justice Juanita Hillman, Rutgers University School of gan nominated her to the U.S. Supreme type of volunteer effort that will Kidd Stout (1994); Deborah R. Willig, Law – Camden; Prof. Catherine Lanctot, Court in July 1981. Two months later, serve as a model for others. We first woman Chancellor of the Philadel- Villanova University School of Law; she became the court’s 102nd justice want the awards to signify phia Bar Association (1995); Marina Prof. Mary Ellen Maatman, Widener and its first female member. achievement worthy of emula- Angel, Temple University Beasley University School of Law; Prof. Nathan- Justice Ginsburg served as a law tion.” School of Law faculty (1996); U.S. Court iel Persily, University of Pennsylvania clerk to Judge Edmund L. Palmieri of The 11-member Citizens Pro of Appeals Judge Dolores K. Sloviter School of Law; Nancy Winkelman, the U.S. District Court for the Southern Bono Award Committee is chair- (1997); U.S. District Court Judge Anita B. Schnader Harrison Segal & Lewis LLP; District of New York, from 1959 to 1961. ed by Alan M. Feldman. Nomin- Brody (1998); Leslie Anne Miller, first and Prof. Mark Rahdert, Temple From 1961 to 1963, she was a research ations from all quarters are wel- woman president of the Pennsylvania University Beasley School of Law. associate and then associate director of comed and encouraged. Those Bar Association (1999); Lila G. Room- “When we asked Justice O’Connor to the Columbia Law School Project on who wish to nominate law firms, berg, of counsel to the law firm of Ball- join us for the anniversary program International Procedure. She was a individuals or legal departments ard Spahr Andrews & Ingersoll, LLP and told her about our intention to professor of Law at Rutgers University continued on page 6 (2000); Judge Judith J. Jamison (posthu- create the Ginsburg Award she was continued on page 7

BAR REPORTER / OCTOBER 2003 5 Lyon Exchange Program Online Research Discount Available to Bar Members

Palawlibrary.com – the most com- prehensive and thorough online legal research service dedicated to Pennsylvania law – is now available to Philadelphia Bar Association members notices, Pennsylvania D&C Reports, and at special discounted rates. Pennsylvania state and local court The new service is now accessible rules. Palawlibrary.com is designed ex- via the Association’s Web site at actly for the legal professional working www.philadelphiabar.org, where full in the state of Pennsylvania and local details are available. The agreement counties. represents a significant partnership Philadelphia Bar Association mem- between the legal research service and yons bers can now save nearly 50 percent off f L Pennsylvania’s largest county bar asso- palawlibrary.com monthly and annual ciation. It also fulfills a commitment rates. As an added bonus, Association made by Chancellor Audrey C. Talley to Photo by Jef members receive exclusive discounts Former International Law Committee Chair (from left) Michael E. Scullin, Chancellor provide state-of-the-art, easy-access on Jenkins services, including CLE, Audrey C. Talley and former Committee Chair Enid H. Adler meet with Christian Leroy, legal research to Association members (does not apply to Jenkins member- an attorney from Lyon, France on Aug. 26. Leroy is director of Twinning Programs in at special affordable rates. ship) and on annual subscriptions to Lyon and was in Philadelphia to meet with Lyon interns and discussed a possible visit Palawlibrary.com has more Pennsyl- The Legal Intelligencer, Pennsylvania Law by Lyon’s deputy mayor and leader of the local bar association. vania county court opinions than any Weekly and Law Journal newsletters. A other online legal research tool. Addit- 30-day free trial of the service is also ionally, it searches Pennsylvania court available to members. PRO BONO AWARD needs for legal services or in extending opinions, legal newspapers (The Legal For more more information about continued from page 5 services to under-served segments of Intelligencer and Pennsylvania Law Weekly), this new service, visit www.philadel- the population; jury verdicts and settlements, trial list- phiabar.org and click on the button for the award should send a detailed • Successful litigation of pro bono ings and suit filing information. that says “up to 50 percent off” or visit letter explaining the reason for the cases favorably affecting the provision The site also features daily court www.palawlibrary.com. nomination (including supporting of services to the indigent; materials) to: Alan M. Feldman, Esq., • Successful support of legislation Chair, Citizens Pro Bono Award, contributing substantially to the provi- Philadelphia Bar Association, 1101 sion of legal services to the indigent; Market St., 11th Fl., Philadelphia, Pa. • Significant pro bono activity; 19107. • Length and breadth of pro bono The criteria for award winners shall commitment and experience; be as follows: • Other significant accomplishments • Demonstrated dedication to the or activities that have improved access development and delivery of pro bono to justice for residents of the Philadel- legal services in and around the City phia area impacted by poverty, abuse and County of Philadelphia; and/or discrimination. • Significant contributions toward All nominations for the awards the development of innovative must be received by the end of the approaches to the delivery of volunteer business day on Friday, Oct. 17. For legal services; more information, contact Stephanie mckinney • Participation in an activity that Krzywanski at (215) 238-6351 or by e- results in satisfying previously unmet mail at [email protected]. medical centers Nominating Committee Formed 1/4 page ad The Nominating Committee of the Offices for which candidates are be- Philadelphia Bar Association has been ing solicited are Vice Chancellor, secre- formed. Committee members are Allan tary, assistant secretary, treasurer, assis- H. Gordon (chair), Mitchell L. Bach, Ga- tant treasurer, and five seats on the briel L.I. Bevilacqua, David S. Blum, An- Board of Governors, three of which are drew A. Chirls, Lenard A. Cohen, Karen to be nominated by the Nominating L. Detamore, Barbara W. Freedman, Ni- Committee. Each Board of Governors cole D. Galli, Alexander B. Giacobetti, seat carries a three-year term. Natalie Klyashtorny, Stanley R. Krak- Individuals who wish to be consid- ower, Gregory H. Mathews, Robert W. ered for any of the offices should sub- Meek, Carl S. Primavera, Stephanie Res- mit a resume of their background and nick, Linda F. Rosen, Joseph A. Sullivan, indicate the position for which they Audrey C. Talley, Joseph C. Vignola, Mi- wish to run. chael L. Viola and David L. Weinreb. Materials should be submitted to Association Secretary Sayde Joy Ladov the Chair of the Nominating serves as a non-voting member of the Committee, Allan H. Gordon, c/o Susan committee. Schrenk, Philadelphia Bar Association, The committee will meet Tuesday, 1101 Market St., 11th Floor, Philadel- Oct. 14, at 4 p.m. and Wednesday, Oct. phia, Pa. 19107-2911, no later than 5 15, at 4 p.m. p.m., Thursday, Oct. 9.

6 OCTOBER 2003 / BAR REPORTER Women in the Profession Committee Politics Beckoned, and They Responded by Jeff Lyons

Four women with varying degrees of experience in the political arena spoke about their experiences at the Sept. 18 meeting of the Women in the Profession Committee. The panelists included Philadelphia Common Pleas Court Judge Lisa M. Rau; Joann Hyle, who has worked on several campaigns; Melissa H. Maxman, a Pennsylvania state Senate candidate yons in 2001; and Abbe F. Fletman, a veteran f L of both campaigns and election transi-

tion teams. Photo by Jef Maxman said her interest in politics Panelists at the Sept. 18 meeting of the Women in the Profession Committee included (from left) Philadelphia Common Pleas Court Judge began when she was in high school Lisa M. Rau, Abbe F. Fletman, Joann Hyle and Melissa H. Maxman. and the political bug got her “real bad” when she was in college during Jimmy political process during John F. Street’s even know I was running. They could members not to overlook local politics Carter’s presidency. first campaign for mayor in 1999. She have helped me. I didn’t ask for any if they are interested in getting Maxman was able to get an intern- took a leave of absence from her law help the first time I ran.” involved. “There’s something about ship in the Carter White House and firm to work for the campaign. Rau decided to run again after con- being a big fish in a small pond that’s took a year and a half off from college “A campaign is lots of fun. There’s sulting with her family. She told them very appealing.” to go on the campaign for Carter for no kick like winning. And there’s noth- that if she lost the second time around, And if you’re just interested in help- the 1980 election. She said the experi- ing like winning big. Some people get that would be the end of her political ing out in a campaign, local candidates ence was tremendous for a 19-year- into politics for business reasons. That’s aspirations. “love to get help from lawyers. They old, because she got to travel all over not why I do it. I do it because I care “I kind of thought that this could be absolutely love it,” she said. the country. who the elected representatives are,” the end for me,” she recalled. After vot- McMichael got involved in politics Maxman said she dabbled in poli- she said. ing, and riding home in the car, one of in East Whiteland, Chester County, tics after law school and slowly got Judge Rau said there are a lot of her children spoke up. “It’s OK mom. after some involvement in Philadelphia more involved. She ran for the women who don’t have the confidence You can run again.” and then moving to the suburbs. Pennsylvania state Senate in 2001 but to run for office, even though they are Roberta D. Pichini, co-chair of the She eventually decided to run for lost. But she recalled the process fondly very qualified for the job. committee, who also worked with Rau the board of supervisors there and and highly recommends it to others. Although she loved her work as an on her last campaign, said professional unseated an incumbent. Today, she is Hyle said she got into politics work- attorney, Judge Rau said she was often women have lots of skills to present to serving a six-year term as chair of the ing with women’s issues in the 1970s. “I thinking what a judge should do in a a campaign. If you don’t know where township Board of Supervisors. was involved with demonstrations, particular case. When she decided to to go to get involved, Pichini suggested “It’s very strange, the first time writing legislation. Then I did all the run, she met with ward leaders all over going to a candidate’s Web site for you’re running for office, seeing your stuff that campaigns require, sending the city every night. “I didn’t see my information. name on signs plastered all over town. out flyers and getting petitions signed. children for six months as a result,” she Virginia H. McMichael, in atten- That’s when you know you’re really in I was interested in electing a candidate said. dance at the meeting, told committee it for good,” she said. who was interested in the issues that “When you first say you’re going to concerned me,” she said. run,” Judge Rau said, “some of your She most recently worked as trea- closest friends will laugh, which is a lit- surer for Judge John Herron’s bid for tle disconcerting. But there’s a level of the state Supreme Court. She, like confidence you have to get at your Maxman, recommends political core. You have to project that confi- involvement. dence to make people believe you can “It’s an experience I urge people to win. You must believe in yourself.” schwartzman ad consider on any level. There are lots Judge Rau also said it’s important to and lots of opportunities for people to ask people for help. She recalled going get involved. It’s a lot of fun. I’ve met a in for a doctor’s visit and nurses were 1/6 page lot of interesting people over the discussing the judicial election remark- course of time,” Hyle said. ing they didn’t know anything about Fletman said she got involved in the any of the candidates. “They didn’t

QUARTERLY MEETING and served as the ACLU’s general cou- continued from page 5 nsel from 1973 to 1980, and on the National Board of Directors from 1974 School of Law from 1963 to 1972, and to 1980. She was appointed as a judge Columbia Law School from 1972 to of the U.S. Court of Appeals for the 1980, and a fellow at the Center for District of Columbia Circuit by Pres- Advanced Study in the Behavioral ident Jimmy Carter in 1980. President Sciences at Stanford University in Clinton nominated her as an associate California from 1977 to 1978. justice of the Supreme Court, and she In 1971, she was instrumental in took her seat on Aug. 10, 1993. Justice launching the Women’s Rights Project Ginsburg has a daughter, Jane; and a of the American Civil Liberties Union, son, James.

BAR REPORTER / OCTOBER 2003 7

State Bench-Bar Conference Set for Oct. 23 by Jeff Lyons addressing topics of interest to civil “State of the Court” address by the loring a program that fits their particu- trial attorneys, commercial litigators, Philadelphia Common Pleas Court lar practice needs and interests. The State Civil Committee, Criminal family law practitioners, and criminal President Judge Frederica A. Massiah- Programs include Police Misconduct Justice and Family Law Sections, in co- prosecutors and defense attorneys. The Jackson and Philadelphia Common and Defending the Criminal Case; My sponsorship with the Pennsylvania Bar conference will be held at the PBI- Pleas Court Administrative Judge James First State Trial; Overview of the Phila- Institute, are reviving a past tradition PBEC Education Center on the 10th J. Fitzgerald III. delphia Commerce Court; Mock Settle- with the Thursday, Oct. 23 presentation floor of the Wanamaker Building at Over the next four hours of the ment Negotiation; Cross Examination of the State Bench-Bar Conference. 8:15 a.m. Registration begins at 7:30 program, attendees will have an in the Criminal Case; Children as The day of sessions will feature a.m. opportunity to choose among one of Witnesses and Using the Internet to Philadelphia judges and attorneys The morning will begin with a three different sessions each hour, tai- continued on page 11 Talley Hosts Luncheon for Past, Future Chancellors yons f L Photo by Jef Chancellor Audrey C. Talley (front row, center) poses with past and future Bar Association Chancellors at a luncheon at the offices of Drinker Biddle & Reath LLP on Sept. 25. Shown from left in the front row are: Marvin Comisky, Chancellor-Elect Gabriel L.I. Bevilacqua, Talley, Vice Chancellor Andrew A. Chirls and Judge Arlin M. Adams. Back row, from left: Lawrence J. Beaser, Abraham C. Reich, Francis P. Devine III, Joseph H. Foster, Peter Hearn, Doreen S. Davis, Harold Cramer, Robert C. Heim, Jerome E. Bogutz, Robert C. Daniels, Donald C. Marino, Mark A. Aronchick, Allan H. Gordon, Judge Thomas N. O’Neill Jr., Robert M. Landis, Paul Carpenter Dewey and Kenneth Shear, Association executive director.

ACCESS every legal services and public continued from page 1 interest program in Philadel- phia. In times of need, it has Thanks From Bar Foundation vices has been diminished by stepped forward to address budget constraints. Second, pri- shortfalls in funding from other vate foundation support, which sources. That challenge is before is dependent upon the perfor- us once again. mance of endowments, has been To meet that challenge, the eroded by a bear market. For Board of Trustees of the Bar example, in Philadelphia, we Foundation and the were required to cut grants by Association’s Board of Governors 20 percent last year. Third, low have resolved to undertake an interest rates will reduce the Access to Justice campaign, amount of revenue generated which will run for two weeks through IOLTA by millions of from Oct. 13 to Oct. 24. Every dollars over the coming year. lawyer in the city is being asked The implications for legal ser- to donate at least $100 to the Bar vices programs and public inter- Foundation to fund the work of est organizations are profound. our grantees. This campaign is Not only will representation be directed to lawyers as individu- curtailed, but also in extreme als, rather than to firms. This is a cases offices might be closed and simple, direct way for every lawyers laid off, destroying a member of the Bar to show their professional infrastructure that support to the cause of equal Photo by Kate Maxwell has taken root over many years. justice. Philadelphia Bar Foundation President Gerald A. McHugh Jr. presents souvenir golf key chains to Rod The Bar Foundation plays What do you believe? E. Wittenberg (left) and Mayer Horwitz (right), co-chairs of the 2003 Bar Foundation Golf Outing that many roles. On an annual basis, raised more than $100,000. The Golf Outing was held June 30 at the Philadelphia Cricket Club in Gerald A. McHugh Jr., a partner at Litvin Flourtown, Pa. it provides crucial, unrestricted Blumberg Matusow and Young, is president of operating support for virtually the Philadelphia Bar Foundation.

8 OCTOBER 2003 / BAR REPORTER Pro Bono Philly VIP Work Positive Hosts Park Experience, Fund-Raiser Survey Finds by Genna Viozzi Philadelphia Common Pleas Court Judge Anne E. Lazarus Just more than half of those who spends some time with children responded to a recent Philadelphia Bar at Philadelphia Volunteers for Association e-survey of members say the Indigent Program’s they contribute some degree of legal Community Block Party and services pro bono and that their volun- Carnival on Sept. 21 in teer experiences are positive and ener- Fairmount Park. Judge Lazarus is gizing - and they are ready for more. a member of the VIP Board of A solid 14 percent of respondents Directors. Guests were treated to reported donating more than 100 hours carnival games, food, music and of service in 2002. Five percent fell in an afternoon of family fun. the 76-100 hours category, 9 percent with 51-75 hours, 15 percent with 26-

Photo by Mitchell Klevan 50, and 13 percent with 11-25 hours of pro bono service. Some of the respon- dents commented: “…I feel that public interest pro Agencies Hit the Road in Search of Volunteers bono work is essential to our commu- nity and necessary to uphold the by Merril A. Zebe Schnader Harrison Segal & Lewis LLP. integrity of our profession.” For more information This “fair-style” road show will feature Firms interested in scheduling a pro bono “Despite the economic challenges, I For the last several years, the city’s 16 agencies that utilize pro bono assis- road show during the spring should con- see a new energy and commitment to public interest law centers have been tance in the delivery of legal services. tact the Bar Association’s Public Interest pro bono and the public interest legal visiting many of the larger law firms in There will also be information tables Coordinator, Merril Zebe, at (215) 238- community in Philadelphia. Let’s keep Philadelphia to educate associates for agencies that do impact litigation, 6355 or via e-mail at [email protected]. the enthusiasm going.” about pro bono opportunities and as well as the LawWorks Project and Forty-six percent of respondents recruit new volunteers. The agencies the Villanova Law School “Lawyering offered their services completely with- have nicknamed this fall recruitment ence with their legal skills.’’ Together” Program, which matches vol- out fee, while the remainder offered process the pro bono “road shows.” The road shows have undergone unteer attorneys as mentors with law their legal aid at drastically reduced “For many agencies, the pro bono some changes in format this year as a school students engaged in pro bono fees: recruitment process is essential to result of suggestions made by law firm work. “I regularly represent clients for meeting the increasing demand for pro bono coordinators, participating A “fair-style” road show open to all reduced fees,” one respondent replied. legal services from marginalized clients agencies and members of the Bar Ass- members of the Bar Association is “My experience is that clients who pay who otherwise might not be served,” ociation’s Law Firm Pro Bono Committ- scheduled for Tuesday, Nov. 18 from 4 nothing at all are not cooperative…so said Sharon Browning, executive direc- ee, which is co-chaired by Amy B. to 5:30 p.m. at Bar headquarters, 1101 there is no benefit to them from my tor of the Philadelphia Volunteers for Ginensky and Philip J. Katauskas. Many Market St. work. I have had clients pay as little as the Indigent Program, one of the 16 law firms will be hosting their own “There are a number of dedicated $10 per week, but they must make reg- public interest law firms that partici- road show open house or “fair,” which sole practitioners and lawyers from ular payments.” pate in the road shows. “Lawyers are will allow associates to move from small and mid-sized firms doing pro Most of the respondents expressed the keepers of justice and it is essential table to table and informally discuss bono, but we would like to give these an overall feeling of excitement toward that pro bono service be seen as part of volunteer opportunities with agency lawyers an opportunity to learn more pro bono work. And they all welcomed the customary practice of law,” added representatives. Other firms, such as about pro bono opportunities directly support and guidance from their firms Browning. Ballard Spahr Andrews & Ingersoll, from the agencies,” said Joseph A. Sull- or management. Still, only 23 percent Reed Smith LLP officially kicked off LLP, will be hosting a more formal road ivan, co-chair of the Delivery of Legal of employees surveyed say that their the pro bono recruitment season by show where the agencies provide a Services Committee. “Hopefully, the Pro employers have a written pro bono hosting a Sept. 9 road show that was brief presentation about their programs Bono Open House will facilitate greater policy requiring or encouraging a spe- part of the firm’s new associates orien- to associates. At the road shows sched- pro bono participation from these sec- cific number of pro bono hours. tation program. “It is especially impor- uled at White and Williams LLP; Wolf, tors of the Bar. ” Once involved in pro bono activi- tant that new associates be introduced Block, Schorr and Solis-Cohen LLP; The public interest law firms that ties, the feeling and the satisfaction the to pro bono opportunities as part of Montgomery, McCracken, Walker & participate in the road shows include attorneys receive seems almost addic- their orientation, so that pro bono Rhoads LLP; and Blank Rome LLP, the AIDS Law Project; ACLU; Consumer tive and they continue to seek out becomes a part of their practice, said agencies have been requested to bring Bankruptcy Assistance Project; Friends more opportunities to lend their expert Merrilee Weiss, managing attorney cases that are ready for placement with of Farmworkers; HIAS; Homeless knowledge. As one respondent said: from the Support Center for Child interested volunteers. Advocacy Project; Legal Clinic for the “My pro bono work has included some Advocates, an agency that trains and This year, Kathy E. Ochroch, a mem- Disabled; Nationalities Service Center; of the most rewarding cases of my utilizes pro bono attorneys as child ber of the Bar Association’s Law Firm Pennsylvania Immigration Resource career.” advocates in abuse and neglect pro- Pro Bono Committee, has organized a Center; Philadelphia Volunteers for the “What these results show,” ceedings. “Volunteering gives new large multi-firm “Pro Bono Open Indigent Program; Philadelphia Chancellor Audrey C. Talley said, “is associates an opportunity to manage House” that will take place at Blank Volunteer Lawyers for the Arts; that for the most part Philadelphia their own cases, which may involve Rome LLP on Oct. 15 from 4 to 6 p.m., Regional Housing Legal Services; lawyers recognize their responsibility handling clients, negotiation, litigation and include the neighboring law firms SeniorLAW Center; Society Created to to give back to the community and and/or appellate work. Finally, it gives of Dechert; Drinker, Biddle and Reath Reduce Urban Blight; Support Center contribute their services pro bono. new attorneys a great feeling about LLP; Pepper Hamilton LLP; Hangley for Child Advocates; and Women practicing law to have made a differ- Aronchick Segal and Pudlin; and Against Abuse Legal Center. continued on page 14

BAR REPORTER / OCTOBER 2003 9

Federal Courts Committee Cheney Addresses Newest Americans Committee Receives Update on Court Work

by Jeff Lyons

The ongoing construction project at the Federal Courthouse at 6th and Market streets is progressing well, U.S. District Court Chief Judge James T. Giles told members of the Association’s Federal Courts Committee. Judge Giles told the Committee that work on the Market Street entrance to the building should be completed by February or March. “After that, the back end of the lobby will be worked on and a lighting project will begin in the ceremonial courtroom,” Judge Giles told Committee members at their Sept. 17 meeting. He said all work at the building should be completed by next September. Lynne Cheney, wife of Vice President Richard B. Facilities inside the building remain Cheney, speaks at a naturalization ceremony at cramped, Judge Giles said. “As for the the National Constitution Center on Sept. 17 as Court of Appeals moving to a new Chancellor Audrey C. Talley and U.S. District location, it remains just a thought,” he Court Judge Eduardo C. Robreno look on. Fifty said. people from 22 nations became American citi- “The Court of Appeals can’t move zens at the Constitution Day ceremony, which until Congress allocates enough money was sponsored by the Philadelphia Bar to fund a move. It looks like we’ll have Association.

yons to endure the space situation we’re in f L now for another 10 years,” Judge Giles said. “We’re pinched for space and the U.S. Marshals’ Office is pinched for Photos by Jef space.” Judge Giles said there will be four tax; regional relationships of city and Cross. judicial vacancies in the District in SYMPOSIUM January, due to three judges reaching continued from page 1 suburbs; evolving corporate gover- Faculty members include Audrey C. nance laws, rules and policies; e-com- Talley, Esq., Drinker Biddle & Reath, senior status and the death of a fourth. merce and privacy; impact of regula- LLP and Chancellor of the Philadelphia “We don’t know when the vacancies duct business in this era of renewed tion on capital-raising by business; and Bar Association; Albert S. Dandridge III, will be filled. We have run out of space. emphasis on corporate ethics and new much more. Esq., Schnader Harrison Segal & Lewis, Berks and Lancaster counties have also laws on corporate governance? Course planners include Merritt A. LLP; Jill R. Felix, president and CFO, run out of space. The General Services Explore the impact of government Cole, Esq., Dilworth Paxson, LLP, and University Science Center; Prof. Robert Administration is looking at the space policy, and discuss innovative chair of the Philadelphia Bar P. Inman, University of Pennsylvania problem,” he told the Committee. approaches with some of the area’s Association’s Business Law Section; Lori Wharton School of Business Finance “We are authorized to have a court leading executives and business Flickstein, Esq., Dilworth Paxson, LLP; Department; Joseph H. Jacovini, Esq., in Lancaster County, but we don’t have lawyers. The faculty will include a Stephen M. Goodman, Esq., Morgan Dilworth Paxson, LLP, Joseph M. one yet. I’ve talked to the GSA about roundtable of chief executives and Lewis & Bockius, LLP; David L. Manko, Esq., Manko, Gold, Katcher & building one halfway between Berks other senior management leaders to Harbaugh, Esq., Morgan Lewis & Fox, LLP; Lorina Marshall-Blake, and Lancaster counties” as a way of discuss the impact of business regula- Bockius, LLP; Steven P. Hershey, Esq., Independence Blue Cross; Robert M. alleviating some of the space problems, tion on the region’s economy and will Eckert Seamans Cherin & Mellott, LLC; McCord, president and CEO, Eastern Judge Giles reported. also feature two panels of experienced John J. Kenney, Jr., Esq., Morgan Lewis Technology Council; William Rulon- Michael Kunz, clerk of the court, lawyers and prominent business lead- & Bockius, LLP; Justin P. Klein, Esq., Miller, director of investment banking, reported that the court is facing more ers to present the most recent regulato- Ballard Spahr Andrews & Ingersoll, Janney Montgomery Scott, LLC; and cutbacks this year because of budget ry and legislative developments, LLP; Michael P. Malloy, Esq., Fox Stephanie Franklin-Suber, Esq., Ballard restraints from Congress. He said there including corporate governance Rothschild LLP; Mary Beth Pratt, chief Spahr Andrews & Ingersoll, LLP. would be about a 6 percent reduction changes, as well as offer practical marketing officer, Pepper Hamilton, This first-ever “Chancellor’s Symp- in personnel and 43 percent in across- approaches to regional and federal reg- LLP; Antonia Quagliariello, vice presi- osium” is cosponsored by the Philadel- the-board cuts. ulation. Corporate governance issues dent, programs and events, Greater phia Bar Association, Pennsylvania Bar The Committee also heard a report will be a part, but not the entire focus, Philadelphia Chamber of Commerce; Institute, the Greater Philadelphia Cha- on the upcoming CLE program “My of this seminar. Mark A. Sargent, Esq., dean, Villanova mber of Commerce and Villanova Uni- First Federal Trial: Perspectives from the Topics will include the continuing University School of Law; and Alice P. versity School of Law. Four substantive Bench and Bar.” impact of the Philadelphia city wage L. Schwartz, Esq., Independence Blue CLE credits will be offered. continued on page 14

10 OCTOBER 2003 / BAR REPORTER Committee Discusses Disclosure Obligations

Judge Denis P. Cohen (from left), co-chair of the Association’s Professional Responsibility Committee, poses with former Chancellor Abraham C. Reich, Lawrence J. Fox, Committee co-chair Evie Boss Cogan and SEC District Administrator Arthur S. Gabinet before the Committee’s Sept. 23 meeting. Reich, Fox and Gabinet discussed attorney disclosure obligations both under Model Rule of Professional Conduct 1.13 and the professional responsibility rules mandated by Section 307 of

yons the Sarbanes-Oxley Act of 2002. f L Photo by Jef Committee Tackles Racial, Gender Bias in Courts by Lynn A. Marks Solicitor Nelson A. Diaz, the other on Feldman, Terry L. Fromson, Phoebe A. witnesses, jurors) with limited English gender chaired by Pennsylvania Haddon, Lynda M. Henry, Tsiwen M. proficiency or disabilities. Future arti- The Pennsylvania Supreme Court’s Superior Court Judge Maureen Lally- Law, Marsha L. Levick, Judge Kathryn S. cles may address disparities in the Committee on Racial and Gender Bias Green) to review the report’s recom- Lewis, Arthur N. Read, Anita Santos, criminal justice system, indigent in the Justice System issued its final mendations and suggest means of Stacey L. Sobel, Chancellor Audrey C. defense, civil litigation, domestic vio- report in March 2003. While the implementing the report’s conclusions. Talley, Kathleen D. Wilkinson and lence, sexual assault, family law, juve- Committee found that there were The Philadelphia Bar Association Allison A. Acevedo. nile justice system, death penalty, jury many positive things about the judicial has also taken up this challenge by Last month’s Bar Reporter featured an selection, or the perception and occur- system, it also concluded that racial, appointing a new Special Committee to article addressing court users (litigants, rences of bias in the courtroom. gender and ethnic bias still exist. Thus, Coordinate the Bar’s Response to the the Committee recommended concrete Supreme Court Racial and Gender Bias steps that the court system could take Report and Recommendations. to eliminate bias. In addition to the Chancellor Audrey C. Talley charged Safety in the City Seminar courts, the Committee also recognized this Committee with seeking ways for that other stakeholders in the justice the bar association to implement some system, including bar associations, of the Supreme Court Committee’s rec- defenders’ organizations, district attor- ommendations and to provide input to neys, the legislature, and the governor, the Supreme Court’s two review com- could take specific measures to mittees. improve the system of justice in the Committee co-chairs are Lynn A. Commonwealth. Marks and Roberta D. Liebenberg and After the report was issued, the the following individuals are commit- Supreme Court appointed two new tee members: Karl Baker, Judy F. committees (one focusing on race and Berkman, Jane L. Dalton, Andre L. ethnicity chaired by Philadelphia City Dennis, Rochelle M. Fedullo, Alan M.

STATE BENCH-BAR with tickets will have time to attend the continued from page 8 Association’s October Quarterly Meeting and Luncheon at the Find Hidden Assets; Ethics for Philadelphia Marriott. Litigators; Reading the Subtext: At the end of the seminar, all atten- Perceptions/Occurrences of Racial, dees are invited to attend a cocktail Ethnic and Gender Bias in Civil reception in the Atrium on the 9th Litigation; Keys to Correctly Filing floor of the Wanamaker Building. The Divorce Pleadings in Philadelphia entire Pennsylvania Supreme Court has County; The Technology Courtroom at been invited to attend the reception. City Hall; Understanding Frye and the The reception will be held in coopera-

Use of Expert Testimony at Trial; and tion with the Lawyers Club of yons Shared Custody and Child Support – Philadelphia and begins at 5:30 p.m. f L Beyond the Guidelines. The course planners for the confer-

In the last half hour, all attendees ence are Lois M. Shenk and Joe H. Photo by Jef will have a chance to address their Tucker. The co-course planners are Isla Iris Marie Bloom (foreground) of Women’s Anti-Violence Education (WAVE) demon- questions to a panel of Philadelphia A. Fruchter and David J. Steerman. strates self-defense techniques during a Young Lawyers Division Law, Life and Lunch Common Pleas Court judges. To register for the State Bench-Bar seminar on Sept. 15. For more information about WAVE’s self-defense programs, visit The program will provide a 2 1/2- Conference, call PBI at (800) 247-4724 or www.waveselfdefense.org. hour recess for lunch so that anyone visit www.pbi.org.

BAR REPORTER / OCTOBER 2003 11 ZooBoolee Puts the ‘Fun’ in ‘Fund-Raising’ by Melissa A. Schwartz would solicit a new client. The first Legal Clinic for the Disabled and the encounter with a new client or a SeniorLAW Center. As attorneys, we Ever since I was a little girl, I have potential sponsor is to get them excited need to support these organizations so always loved the month of October. It YLD UPDATE about what you have to offer. A new that they continue to perform the mar- probably had something to do with the client wants to know about the work velous work they do on a daily basis. fact that my birthday and Halloween you currently do and what separates If you have never participated in a fall in this month. After all, these are your firm from the rest. The same fund-raiser before, now is the perfect some of the best times for any child. As holds true when you solicit a sponsor. opportunity to get involved. The I get older, I have to admit that I still You need to let the sponsor know why ZooBoolee will be held at the love the month. The air is getting crisp you are so passionate about the group Philadelphia Zoo on Sunday, Oct. 19 and it is finally time to put away the you are representing. It is important to from 3 to 6 p.m. The easiest way to get summer clothing and bring out the educate the sponsor on the accom- involved is to register and come to the new fall clothes. (Although as far as my plishments of your group. The sponsor event. We would also welcome any husband, Scott, knows, these are the also needs to know how your event sponsors to participate in this event. will benefit them. Let them know that The YLD is looking for financial spon- same clothes I’ve had in my wardrobe only beg your family and friends so potential clients will be attending the sors as well as sponsors to donate for years!) October is also when the many times). Just think about it, we event and it is a great opportunity for items for the silent auction. YLD will be hosting its largest fund- have enough trouble going to the part- them to network. Remember, fund-raising for the raiser of the year - the YLD ZooBoolee. ners at the end of the year and req- All of the proceeds from the YLD right cause can be a great experience. Most people hear the word “fund- uesting a salary increase. These are pe- ZooBoolee benefit the Philadelphia Bar We look forward to seeing you at the raising” and run in the other direction. ople we work hard for throughout the Foundation. The Bar Foundation pro- ZooBoolee! They automatically get a vision in their entire year. When we become involv- motes access to justice for all people in head of sitting on a telephone in a ed in a fund-raising effort, we are often the Philadelphia community. There are large room and cold-calling people to times soliciting people or corporations ask for money. This is a difficult way many grantees that benefit from the Melissa A. Schwartz, chair of the Young Lawyers whom we’ve hardly ever encountered. Division, is an associate with Naulty, Scaricamazza & generosity of the Bar Foundation, McDevitt, Ltd. Her e-mail address is for most to raise money. Asking others When faced with fund-raising, you including the Juvenile Law Center, [email protected] for money is not an easy task (you can should approach it the same way you

YLD Seeking Volunteer Mentors

The Philadelphia Bar Association’s have lost touch with your mentors/ Young Lawyers Division is seeking protégés or would like another men- interested attorneys to sign up to be tor/protégé. mentors or protégés as part of the YLD Interested individuals are encour- Mentoring Program. The program is aged to complete and return the ques- co-chaired by YLD Executive tionnaire available on the YLD’s Web Committee members Kim R. Jessum page at www.philadelphiabar.org. and Carl E. Kennedy. For more information about the The YLD Mentoring Program will program, please contact Kim R. Jessum match all of the protégés with more at [email protected] or (215) experienced attorneys, or mentors, to 963-4753 or Carl E. Kennedy at provide an opportunity for the pro- [email protected] or (856) tégés to receive advice and guidance in 873-5534. various areas of their careers. Those The completed questionnaires who participated last year are welcome should be returned to the Philadelphia to participate again this year if you Bar Association by Oct. 31.

yons YLD Nomination Deadline is Oct. 10 f L Members of the Young Lawyers p.m. on Friday, Oct. 10. An informa- Division interested in running for one tional meeting will be held on Friday, Photo by Jef The YLD’s 2002 event at the Philadelphia Zoo was a hit among Bar members and their of seven three-year terms on the YLD Oct. 10 at 5 p.m. in the Bar children and raised more than $5,000 for the Philadelphia Bar Foundation. Executive Committee have until Friday, Association's 11th Floor Conference Oct. 10 at 3 p.m. to file their nominat- Center, where photos will be taken if ing petitions for the Dec. 9 election. one is not supplied by the candidate. Save Oct. 19 for ZooBoolee Any voting member of the YLD shall Ballot positions will also be drawn at be eligible for election to the Executive the informational meeting. The YLD ZooBoolee sponsored by painters, Zoo on Wheels, a silent Committee provided, however, that the The Executive Committee manages Citizens Bank will be held on Sun- auction, a t-shirt from the event and term of office for which the individual and directs the business and activities day, Oct. 19 at the Philadelphia Zoo more. runs shall not extend beyond his or of the YLD’s approximately 3,000 mem- from 3 to 6 p.m. All proceeds from the Zoo- her membership in the Division. You bers, including oversight of more than Tickets are $25 for adults and Boolee will benefit the Philadelphia are eligible if you are 37 years of age or 30 committees in the areas of public children over 12 and $17 for chil- Bar Foundation. less in the year 2007, or if you are older service, law-related education and ser- dren 2 to 11. Children under 2 are All ticket reservations must be than 37, you will not be celebrating vice to the legal community. admitted free. Zoo members receive made by Monday, Oct. 13. Visit more than your third year of practice For more information regarding the a $5 discount per admission. Tickets www.philadelphiabar.org for a ticket in 2007. The Nominating Petition must nominating petition, the Executive include admission to the Zoo, a cos- order form. Walk-ins will not be be returned to the offices of the Committee, or the election process, tume parade and prizes, food, face accepted. Philadelphia Bar Association, 1101 contact Stephanie Krzywanski at (215) Market St., 11th Floor, no later than 3 238-6360.

12 OCTOBER 2003 / BAR REPORTER

The Value of a Mediator In Settlement Negotiations by James A. Rosenstein as to warrant the cost of engaging the vent discussing all of them, but here work hard to understand each party’s mediator? are a few examples: underlying motivations, desires and There are many different reasons Although there is no one answer to • Expediting the negotia- interests relating to the dispute, and why litigants decide to attempt to settle this question that will apply in every tions. A mediator who has been thor- will help both parties focus on negoti- their cases, but most of them fall into instance, it is possible to make this oughly briefed by both parties prior to ating positions that are most likely to one or more of three categories: decision on a case-by-case basis by the start of the mediation sessions can produce an outcome that will accept- • The risks and costs of continuing examining whether the settlement help guide the negotiations in the most ably address each of these underlying the litigation are perceived as being negotiations are likely to benefit from productive directions, particularly elements. greater than the benefits; application of the different tools that when there are multiple interrelated • Overcoming “reactive • A negotiated outcome is likely to skilled and experienced mediators use issues to be addressed. devaluation.” Settlement proposals be preferable to the probable result to help parties reach mutually accept- • Judiciously mixing joint that would be rejected out of hand if from continuing the litigation; able settlements and that are not typi- sessions and separate caucus- they came directly from the other side • The ability to exercise control over cally usable directly by parties and es. A skilled experienced mediator will may be more acceptable if they are the outcome is preferable to the uncer- their counsel. know when to meet privately with seen as being suggested as a “trial bal- tainty of putting your fate in the hands One widely accepted definition of each party to explore issues on a confi- loon” by the mediator. of a judge or jury. mediation reflects these considerations. dential basis and when it will be most • Thinking outside the box. Once a decision has been made to Christopher Moore, in his book The productive for the parties to deal with Fresh eyes focusing on a problem, par- explore settlement, the next question is Mediation Process, wrote, “Mediation is an the issues “face to face.” ticularly when they are those of a whether to conduct the negotiations extension or elaboration of the negoti- • Reality testing (by playing knowledgeable third party, may see directly or use a neutral intermediary ation process that involves the inter- devil’s advocate). One common possible solutions that had not been like a mediator. Since adding a media- vention of an acceptable third party use of private confidential meetings previously explored. tor to the mix will add costs (her com- who has limited or no authoritative between each side and the mediator is The more of these tools of media- pensation), the parties and their coun- decision-making power. This person to provide an opportunity for the for- tors that will probably come in handy sel should consider whether the value assists the principal parties in volun- mer to test its ideas, positions and pro- in your settlement negotiation the an experienced and skilled mediator tarily reaching a mutually acceptable posals on a no-risk basis, before pre- greater the likelihood that using a adds is worth this expense. In other settlement of the issues in dispute.” senting them to the other party in a mediator will add value far in excess of words, is the use of a mediator likely to What are the mediator’s tools joint session. her fee. address the reasons for attempting to whose use should increase the likeli- • Probing for underlying hood of achieving a mutually accept- interests, concerns and needs. James A. Rosenstein, of counsel with Wolf, Block, Schorr negotiate a settlement more effectively and Solis-Cohen LLP, is co-chair of the Association’s and efficiently than “going it alone,” so able settlement? Space limitations pre- A skilled experienced mediator will Alternative Dispute Resolution Committee.

Chancellor Featured on WHYY-TV Special

Chancellor Audrey C. Talley waits for the program to begin with Amanda Bennett, editor of The Philadelphia Inquirer, and Nicholas DeBenedictis, president and CEO of Aquasource, at WHYY-TV12 studios in Philadelphia on Sept. 12. They were guests on the live,

one-hour special “Taking Charge” that featured business and civic ucci leaders discussing the future of Philadelphia. Photo by Daniel A. Cir Asian Bar Introduces Judge Marutani Fellowship by Sunah Park In 1942, Judge Marutani, a first gen- ing which time he also served as a vol- in 1977. Of local note, Judge Marutani eration Japanese-American born in the unteer civil rights lawyer in cases issued the opinion in a case that chal- One of the most anticipated and United States, served six months in an desegregating Louisiana schools and lenged gender discrimination in Cent- well-attended events in the American internment camp during promoting voter registration drives in ral High School and that resulted in Philadelphia legal community is the World War II in the hysteria following Mississippi. In 1967, Judge Marutani the integration of the all-male school annual banquet of the Asian American the Pearl Harbor attack. Subsequently, appeared on behalf of the JACL before to admit female students in 1983. Bar Association of the Delaware Valley he served in the U.S. Army’s 442nd the U.S. Supreme Court to present oral The AABADV is working with the (AABADV). This year’s banquet will be regiment composed entirely of argument in Loving v. Virginia, a seminal Philadelphia Bar Foundation to launch held on Friday, Oct. 24 at the Ocean Japanese Americans, one of the most case which struck down anti-misce- the Judge Marutani Fellowship. Offered City Restaurant, 234 N. 9th St., in highly decorated regiments. genation laws in 17 states. to first-year law students at Dickinson Chinatown. As an attorney, Judge Marutani par- In 1975, Judge Marutani was School of Law, Rutgers-Camden This year’s banquet will mark the ticipated in the civil rights drives in the appointed by the governor to the University School of Law, Temple inauguration of the Judge William M. South and helped organize the 1963 Philadelphia Court of Common Pleas, University Beasley School of Law, Marutani Fellowship. Judge Marutani is Civil Rights March on Washington for making him the first Asian American University of Pennsylvania School of an important figure not only in the the Japanese American Citizens League outside of the West Coast to preside as Law, Villanova University School of Asian-American community, but in the (JACL). From 1960 to 1970, he served as judge of a court of general jurisdiction. Law, and Widener University School of legal community as a whole. national legal counsel to the JACL, dur- He was elected for a full 10-year term continued on page 14

BAR REPORTER / OCTOBER 2003 13

Statement of Ownership, Management and Circulation (Required by 39 USC 3685). Wachovia Fidelity Award Nominations Sought 1. Publication title: Philadelphia Bar Reporter. 2. Publication No.: 710-610. 3. Filing date: October Nominations are now being accept- (preferably in Philadelphia); for service rendered as a paid profes- 2003. 4. Issue Frequency: Monthly. 5. Number of ed for the Philadelphia Bar Associa- • The absence of prior recognition sional; and issues published annually: 12. 6. Annual subscription price: $45. 7. Complete mailing address of known tion's 2003 Wachovia Fidelity Award. for this work by the Philadelphia Bar • It is preferred that the recipient be office of publication: Philadelphia Bar Association, Nominations should be made in writ- Association; a member of the Philadelphia Bar 1101 Market St., 11th floor, Philadelphia, Pa. 19107- ing. Please include a detailed informa- • Distinguished service consistently Association not now in public office or 2911. Contact person: Mark Tarasiewicz. Telephone: (215) 238-6346. 8. Complete mailing address of tional statement setting forth your rea- rendered over a considerable period of directly involved with the court opera- headquarters or general business office of publisher: sons for recommending the nominee time or a single outstanding achieve- tions or any other public service activi- Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. 9. Full names for the award. The deadline for receipt ment in a particular year. (The fact that ty. and complete mailing addresses of publisher, editor, of nominations is Friday, Nov. 7 at 5 this single achievement may have occ- Nominations should be sent to Ste- and managing editor: Publisher: Philadelphia Bar Association, 1101 Market St., 11th floor, Phila- p.m. urred some years ago in not material phanie Krzywanski, Philadelphia Bar delphia, Pa. 19107-2911. Editor: Bruce H. Bikin, Esq., The criteria for the award are: so long as it has not been recognized.); Association, c/o Fidelity Award Comm- Philadelphia Bar Association, 1101 Market St., 11th • Significant accomplishments in • The accomplishment must arise ittee, 1101 Market St., 11th Floor, Phila- floor, Philadelphia, Pa. 19107-2911. Managing edi- tor: Jeff Lyons, Philadelphia Bar Association, 1101 improving the administration of justice from voluntary activities rather than delphia, Pa. 19107. Market St., 11th floor, Philadelphia, Pa. 19107-2911. 10. Owner: Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. in one way or another. But the most surprising reason of all 11. Known bondholders, mortgagees, and other SURVEY security holders owning or holding 1 percent or more continued from page 9 For those respondents working in a for not providing pro bono services of total amount of bonds, mortgages, or other secu- large firm, a similar sentiment was was a “lack of cooperation from the rities: none. 12. Tax status (for completion by non- profit organizations authorized to mail at nonprofit They want to do pro bono work. But echoed again and again. Pro bono public interest organizations.” rates): The purpose, function and nonprofit status of they also want the active guidance and work takes away from billable hours, “…we started by obtaining lists of this organization and the exempt status for federal income tax purposes has not changed during the pre- support of their firms.” Talley said the which, in effect, chips away at profit. agencies that needed help. But most ceding 12 months. 13. Publication Title: Philadelphia survey was one of the recommenda- Comments to support this included: often our calls weren’t returned or we Bar Reporter. 14. Issue date for circulation data tions in last year’s Pro Bono Task Force • “Firm doesn’t ‘approve’ of pro were told people were too busy to talk below: October 2003. 15. Extent and nature of circu- lation: A. Total number of copies (net press run): Report. bono work,” to us.” Average number of copies each issue during preced- “This is a first step,” she explained. • “Our firm does not count pro bono Some comments told of scenarios ing 12 months: 11,300. Number of copies of single issue published nearest to filing date: 11,300. B. Paid “We intend to conduct additional hours towards billables…and there’s a where the attorney signed on for “as- and/or requested circulation: 1. Paid/requested out- assessments as we continue to move lot of pressure on billables. As a result, needed” work, was called once, then side-county mail subscriptions stated on Form 3541 forward.” (Include advertiser’s proof and exchange copies): most associates don’t do much pro never heard from the organization Average number of copies each issue during preced- The Association launched the sur- bono work,” and again leaving the attorney to feel like ing 12 months: 2,768. Number of copies of single vey in June via e-mail asking specific • “Pro bono work is actively dis- their help was not needed. issue published nearest to filing date: 2,817. 2. Paid in-county subscriptions stated on Form 3541 questions about involvement with, and couraged by the head of my depart- “We are sharing these results with (Include advertiser’s proof and exchange copies): attitude toward, pro bono legal work ment.” the leaders of the public service com- Average number of copies each issue during preced- for calendar year 2002. One of the sen- ing 12 months: 8,059. Number of copies of single The second most common reason munity and we will review all com- issue published nearest to filing date: 8,082. 3. Sales timents expressed in the survey indi- listed came from solo or small firm ments and feedback,” Talley said. through dealers and carriers, street vendors, counter cated that while many members are practitioners. They said they simply do “When it comes to pro bono, we all sales and other non-USPS paid distribution: Average number of copies each issue during preceding 12 proudly involved with various level of not have the financial resources or the know that we have a great deal of months: 0. Number of copies of single issue pub- pro bono work, just as many respon- luxury of time: work to do to reach our goals. But lished nearest to filing date: 0. 4. Other classes mailed through the USPS: Average number of copies dents have valid reasons why they are “Costs are a major impediment to most of our members are contributing each issue during preceding 12 months: 0. Number unable to make more or any time com- pro bono work for solo practitioners pro bono hours and they feel good of copies of single issue published nearest to filing mitment to pro bono -- but wished whose clients cannot afford expert fees, about it. And most of our pro bono date: 0. C. Total paid and/or requested circulation (sum of 15B1, 15B2, 15B3 and 15B4): Average num- they could. court reporter fees, etc.” agencies are working hard to recruit ber of copies each issue during preceding 12 Indeed, nearly half of the respon- “With our lack of resources, we just volunteers and put those volunteer months: 10,827. Number of copies of single issue published nearest to filing date: 10,899. D. Free dis- dents provided fewer than 10 hours of do not have the time or ability to pro- efforts to maximum use. That’s a sound tribution by mail (samples, complimentary and other pro bono service in 2002. The answers vide pro bono work.” investment and a great starting point.” free copies): Average number of copies each issue placed the blame for the lower num- during preceding 12 months: 1. Outside-county as bers on three scenarios — each equating stated on Form 3541: 0. 2. In-county as stated on Tickets are $90, a portion of which Form 3541: 0. 3. Other classes mailed through the to the all-powerful ticking of the clock ASIAN BAR USPS: 100. Number of copies of single issue pub- continued from page 13 ($40) will fund the Fellowship and is tax lished nearest to filing date: 1. Outside-county as deductible. The event begins at 6 p.m. stated on Form 3541: 0. 2. In-county as stated on Form 3541: 0. 3. Other classes mailed through the FEDERAL COURTS Law, the fellowship will provide a stip- for a social hour. A 10-course dinner USPS: 100. E. Free distribution outside the mail (car- continued from page 10 end for an Asian American law student begins at 7 p.m. Judge Marilyn Dolan riers or other means): Average number of copies to enable him/her to take a summer each issue during preceding 12 months: 0. Number Go, magistrate judge for the Eastern of copies of single issue published nearest to filing Ellen Meriwether, one of the course internship position with federal, state District of New York, will make brief date: 0. F. Total free distribution (sum of 15D and planners, said the program is collabo- or municipal government offices/agen- remarks to introduce Judge Marutani, 15E): Average number of copies each issue during preceding 12 months: 100. Number of copies of sin- ration between the Federal Courts cies (including the judiciary) or non- for whom she clerked in 1977. Judge gle issue published nearest to filing date: 100. G. Committee and the Young Lawyers profit/public interest organizations in Marutani is expected to attend the Total distribution (sum of 15C and 15F): Average Division. number of copies each issue during preceding 12 the Greater Philadelphia area. The hope event. months: 10,927. Number of copies of single issue “It’s designed for the young practi- is that Asian-American law students The deadline for RSVPs for the din- published nearest to filing date: 10,999. H. Copies tioner where they can get the informal will be afforded greater opportunity to ner is Friday, Oct. 17. RSVP for the ban- not distributed: Average number of copies each issue during preceding 12 months: 373. Number of copies nuts and bolts about trials in federal gain full-time employment in areas of quet to Catherine Siu at (215) 627-3901. of single issue published nearest to filing date: 301. I. court. It’s designed to get rid of the the law in which Asian-American att- Checks should be payable to AABADV Total (sum of 15G and 15H): Average number of aura that surrounds a first case before copies each issue during preceding 12 months: orneys are currently underrepresented. and sent to Catherine Siu at The 11,300. Number of copies of single issue published the court,” she explained. Tsiwen M. Law, immediate-past Benjamin Franklin, 834 Chestnut St., nearest to filing date: 11,300. J. Percent paid and/or “This will be our second annual chair of the Philadelphia Bar Suite 206, Philadelphia, Pa. 19107. requested circulation (15C ÷ 15G x 100): Average number of copies each issue during preceding 12 program. The young lawyers really Association’s Public Interest Section, Advertisements for the banquet pro- months: 99.08 percent. Number of copies of single enjoyed it last year,” Meriwether said, has known Judge Marutani since they gram book are due on or before Oct. issue published nearest to filing date: 99.09 percent. Signed, Kenneth Shear, Executive Director, Sept. 25, adding that a wine-and-cheese recep- were both founding members of the 10. For more information, contact 2003. I certify that all information on this form is true tion will follow the Oct. 2 program. AABADV. “This fellowship honors the Cindy Hinkle at cjhinkle@duanemor- and complete. I understand that anyone who furnish- A number of federal judges will be more than 40 years that Judge es false or misleading information on the form or ris.com. who omits material or information requested on the on the panel for the program, includ- Marutani devoted to his community form may be subject to criminal sanctions (including ing Chief Judge Giles, Judge Mary A. and the organized bar. It is our fervent fines and imprisonment) and/or civil sanctions McLaughlin, Judge Cynthia M. Rufe hope that the fellowship will inspire Sunah Park, an associate at Thorp, Reed & Armstrong (including civil penalties). LLP, is an associate editor for the Philadelphia Bar and Judge William H. Yohn Jr. law students to follow in his footsteps.” Reporter.

14 OCTOBER 2003 / BAR REPORTER Chinese Delegation Visits Phila. A delegation from the Tianjin Beichen, China, Court of Justice visited with Chancellor Audrey C. Talley and other Bar officials on Aug. 27. Pictured with Talley are (left) Yan Fuxi, senior judge and president of the Tianjin Beichen Court of Justice and Zhou Xuezhi, senior judge and chief of court with the Tianjin Beichen Court of Justice. While in Philadelphia, they also visited the National Constitution Center, Independence

yons Hall and the Liberty Bell. f L Photo by Jef

Career Corner Make Mental Checklist for New Job Search by James LaRosa and Gary Mintz After analyzing your true reasons for beyond our control, (spouse gets a your current job if you could change leaving and deciding that a less stress- great job out of state, you win the lot- something? It’s that time of year again, the ful schedule is a top priority, however, tery) having a long-term plan is a great If you are considering making a job beginning of fall, several months it is a question that should be asked in way to help you focus on what you are move, try to keep the above sugges- before the New Year, and many people order to ensure that you will be happi- truly looking for in your next job. tions in mind. By truly understanding are starting to think about a job er in your next job. Additional things to consider when your reasons for your job dissatisfac- change. While it is always a good idea Similarly, if your reason for leaving making a job change include: tion and by knowing what you want to have your resume up to date and to is because the work environment is • Talents and abilities that you have out of your next job/career, you will be keep your eyes open for good oppor- not good and you are working under a and would like to use in a job setting. in a much better position to avoid tunities, changing jobs should be partner that had a tendency to scream, • Skills that you would like to devel- making a wrong move and in helping something that should never be rushed you should absolutely make certain op or improve, whether it be writing, you find a job that is a good fit for you into and should never be taken lightly. that the partners you will be working deposition, litigation, etc. both professionally and personally. Even if you have been laid off, you under have a more even temperament. • Activities and tasks that you should always proceed with an abun- Again, this is not an easy question to would like to avoid in a job setting. ask. But by raising these issues, you • Salary, location and travel. James LaRosa, Esq. and Gary Mintz, Esq. are recruiters dance of caution before accepting a with JuriStaff, Inc., the exclusively endorsed legal staffing new job. will be in a better position to ensure • Family responsibilities. agency of the Philadelphia Bar Association. LaRosa can that your next job will be one that is • The kinds of people and work be reached at (215) 751-9100, extension 302 or via e- Before changing jobs, it’s a good mail at [email protected]; Mintz can be reached at idea to sit down and really figure out well suited for you. environments that you prefer. (215) 751-9100, extension 315 or via e-mail at what it is that is driving you to make a Another issue you want to have • What would you change about [email protected]. move. This is a very important first resolved before you make a job change step in the decision process. By analyz- is to figure out what actually “drives” ing what is making you unhappy in you. What’s important to you now? Career Planning and Placement your present job you will be in a much Our priorities change constantly, so from better position to decide what it is you whether it’s money, title, location, want out of your next job. What are vacation time, flexibility or the ability the rewards, challenges and frustra- to work at home, you should have tions of your present job? The impor- these issues resolved before you start tant thing is to be honest with yourself. your job search. If you are leaving because you can’t After you have resolved the above Career counseling and résumé review services stand working insane hours, you issues, it is time to make a short-term by appointment, should be very cautious about taking plan. Give yourself a week to make a Mondays from 9 to 11 a.m. and Fridays from 1:30 to 4 p.m. another job that might have a similar list of people to talk to, two weeks to For an appointment, call Cindy Towers at work environment, even if you will be speak to at least two of them, and so (215) 751-9100, extension 301 getting more money. The difficulty is on. Write down dates to perform the JuriStaff, the only legal staffing agency endorsed by the Philadelphia Bar finding out if the position you are tasks and check them off when com- Association, provides temporary, temporary-to-permanent and direct-hire interested in has the same negative pleted. placements of attorneys, paralegals and support staff. attributes that are causing you to leave Next, create a long-term plan. in the first place. For example, it is a Where do you want to be in three to difficult question to ask a prospective five years? How about 10 years? Are Learn more at employer if you will be expected to the positions you are considering www.juristaff.com or www.philadelphiabar.org work weekends. By asking this ques- going to lead to this eventual goal? tion, the employer might infer that you Although long-term plans are bound or call JuriStaff at (215) 751-9100, ext. 301. are not looking to work very hard. to change due to circumstances

BAR REPORTER / OCTOBER 2003 15 BONA FIDE Commission opposes an interstate continued from page 1 bona fide office requirement.” The re- Bar leaders on this side of the river came to see the bona fide office rule ports, which were sent along to the former Third Circuit Judge Arlin M. New Jersey Supreme Court, clearly sig- as a lightning rod. Even Philadelphia lawyers who seemed to have little Adams, Nancy Winkelman, John C. naled the type of breakthrough Phila- Bennett Jr., Guy A. Cellucci, Lenard A. or no interest in practicing in New Jersey saw the rule as archaic, im- delphia lawyers had been fighting for. Cohen, Eugene D. McGurk and William Now the Chancellor, Gordon declared: practical and needlessly hostile. The Philadelphia Bar’s challenge to the P. Scott. While the Task Force left the “We are optimistic that the court will door open to a conciliatory approach it rule resonated with local sole and small firm practitioners who felt that agree with the recommendations of its also asked what might happen if Penn- own committees and that these barri- the New Jersey restrictions robbed them of access to clients – access sylvania and other states without bona ers will finally fall.” fide office rules reciprocated and began which was otherwise made all the more easy by technological advances. Then finally, the court’s decision last erecting barriers of their own. Even- month substantially agreed with the tually, calling it “a simple matter of free Wallace and Pollock recommendations trade, fundamental fairness and equal and suspended the bona fide office of its committees. Accordingly, a two- the deliberate review process that the access to representation,” the Associa- rule for a three-year trial period. As far pronged front was devised: work from Court initiated. Gordon concluded: tion filed an amicus brief in support of as the Philadelphia Bar Association was inside to find openings within the law, “From the questions I heard at the Tolchin. concerned, that was enough to call a while challenging the rule itself from hearings, I came away cautiously opti- The Association argued that the victory. After seven years, eight chan- outside. What made the battle so app- mistic. I stressed the term ‘cautiously.’ New Jersey rule placed an unfair and cellors, hundreds or hours of study, ealing was that this was a classic mem- Still, I thought the committee members unnecessary burden on lawyers who research, testimony, advocacy and no ber-centered issue. It represented the were open minded and generally were otherwise qualified to practice in small amount of sweat equity, the mis- kind of “bread-and-butter” initiative receptive to new ideas.” the New Jersey. sion appeared to be accomplished. that the Association was anxious to Finally, at the end of last year bar The situation was exacerbated by “This is great news,” Chancellor take on. leaders got the first clear signals that the restrictive details of the rule. New Audrey Talley said. “It opens the doors But it also became increasingly clear Gordon’s hunch might prove accurate. Jersey permitted a bona fide office to to the consumers of legal services and that this would not be a battle for the On Dec. 12 the Wallace Committee and be defined as “a place where clients are is consistent with the model rules of short-winded. Since the matter would the Pollock Commission issued reports met, files are kept, the telephone is an- the American Bar Association and likely play out over an extended peri- that recommended the virtual elimina- swered, mail is received and the attor- trends throughout the nation.” And od of time spanning the leadership of tion of the bona fide office rule. The Ad ney or responsible person acting on Talley thanked everyone who was several chancellors, Chancellor Mark A. Hoc Committee on Bar Admissions the attorney’s behalf can be reached in involved in the marathon effort. “We Aronchick in 1998 designated then- specifically recommended the elimina- person and by telephone during nor- were convinced that challenging this Board of Governors Chair Allan H. tion of “the requirements that the bona mal business hours to answer ques- rule was the right thing to do — right Gordon as the Association’s unofficial fide office must be located in this [New tions posed by the courts, clients, ad- for lawyers, right for clients, and right “point-man” on the bona fide office Jersey] state.” At the same time the versaries and to ensure that competent for the people of both states,” she con- rule. This proved to be a wise move Commission on the Rules of advice from the attorney can be ob- cluded. tained within a reasonable period of since Gordon would later serve as Professional Practice declared: “the time.” Chancellor himself and would come to While the Tolchin challenge itself lead the charge in the bona fide battle. eventually proved unsuccessful, the Before long the Association advan- idea of taking on the New Jersey rule ced the idea of a New Jersey “combine” had clearly taken hold. Bar leaders on office through which Pennsylvania this side of the river came to see the lawyers licensed to practice in New bona fide office rule as a lightning rod. Jersey could do so without violating Even Philadelphia lawyers who seemed the bona fide office rule. The proposed to have little or no interest in practic- combine office approach gave the Ass- ing in New Jersey saw the rule as ociation the opening it needed to for- archaic, impractical and needlessly mally test the bona fide office rule in hostile. The Philadelphia Bar’s chal- New Jersey once again by requesting decrescenso lenge to the rule resonated with local an opinion from the New Jersey Sup- sole and small firm practitioners who reme Court’s Unauthorized Practice of reporting felt that the New Jersey restrictions Law Committee. But the process dragg- robbed them of access to clients – ed on. Through 1999 the Association access that was otherwise made all the continued to seek answers from the 1/4 page ad more easy by technological advances. New Jersey authorities about the com- Chancellor Clifford E. Haines spoke for bine office proposal and related mat- many when he pointed to cell phones ters. In early 2000 the New Jersey Sup- and personal digital assistants as trans- reme Court granted the Philadelphia portable elements of the modern office. Bar Association’s petition for review of But then Haines was quick to add that the matter and oral arguments were he could travel from his office in scheduled. On the heels of that move Center City to the Camden County Bar leaders agreed to retain New Jersey Courthouse in Camden faster than lawyer Douglas S. Easley to represent many New Jersey lawyers with offices the Association in the case. in Camden County. Haines was even Eventually, the New Jersey Supreme tempted to challenge his New Jersey Court directed two of its committees colleagues to a race. So whether mea- (the Ad Hoc Committee on Bar sured by virtual access or actual access, Admissions, known as the Wallace Philadelphia lawyers were able to Committee, and the Commission on advance solid client access arguments the Rules of Professional Conduct, in the ongoing battle. known as the Pollock Commission) to But Philadelphia Bar Association re-examine the bona fide office rule leaders knew that any change in the and hold public hearings. Chancellor rule would have to come out of the Gordon testified at the hearings and New Jersey Supreme Court and/or one vigorously advanced the Association’s cause while paying all due deference to

16 OCTOBER 2003 / BAR REPORTER

Eschenbach Leads Orchestra ARTS & MEDIA Into an Exciting New Season by Marc W. Reuben Philadelphia – which makes the early concerto by Ned Rorem, the wonderful programming of his work under the “Seven Deadly Sins” by Kurt Weill and The new season of the Philadelphia new regime a very welcome and won- sung by the incomparable Ute Lemper. Orchestra is about to begin under the derful treat. The “Concerto for Violin and Orchestra” direction of excellent music director- The current Orchestra season also by Corigliano (featured in the film “The conductor Christoph Eschenbach and features a world premiere of a flute continued on page 18 the preview of performances is some- thing to behold. The orchestra has not undertaken such a season of challeng- ing music in many a year. Not that the orchestra cannot undertake exciting and wonderful programs that include interesting modern music. But the his- tory of the Philadelphia Orchestra is fraught with years of excitement, fol- lowed often by years of sweet slumber. Eschenbach is a notoriously won- derful leader, and the schedule for just the first part of the season shows his willingness to try things that are new and very exciting. The music of Olivier Messiaen, a French composer of very deep religious conviction, has long been a high point in 20th century composition. The older Messiaen got, the more majestic and thrilling his musical mysticism became. “L’Ascension,” work (1930) concerts from Oct. 9 to 11. The work is in four parts (“The majesty of Christ beseeching his glory of the Father,” “Serene Allelulias of a soul yearning for heaven,” “Allel- ulias on the trumpet and cymbals” and “Prayer of Christ ascending to the Fath- er”), the first given to solo trumpet, the second to the woodwinds and with a glint of oriental influence as well as flute obligatos that foretell Messiaen’s interest in bird-song. The final move- ment, for strings alone, is an intense and sustained religious experience reduced to the deep sounds of luscious string. I heard Stokowski conduct the piece in London 30 years ago and I still thrill to the memory. Those of you interested in the music of this deeply affecting composer might be able to get tickets to the Orchestra performance of Messiaen’s gigantic and majestic “Turanglila Symphony,” which is scored for large orchestras and which probably represents the fullest expres- sion of Messiaen’s exploration of reli- gious faith. It is a truly gargantuan work, in which the composer includes influences from non-Catholic sources that confirm his belief in the universal- ity of Christ. If there is an esthetic for modern seekers of faith, perhaps the work of this great composer can pro- vide inspiration in a concert hall. Unlike the huge crescendos of more fabled composers, Messiaen finds inspiration in both quiet and the exot- ic. He is one of the most successful composers of the 20th century and a sorely underrepresented presence in

BAR REPORTER / OCTOBER 2003 17

ARTS & MEDIA Music for Queen Mary,” is programmed are over. There is little money left in some man ever to make a movie. His continued from page 17 as well as the Khachaturian Violin Con- Philadelphia these days, and to survive, lady love in this film was Olivia de Hav- certo. Khachaturian is a wonderful Arm- the orchestra must reach out to younger iland, who was luscious as Maid Marian. Red Violin”) will be played by the won- enian composer who really got a short listeners and make music exciting for The great villain was Basil Rathbone, derful Joshua Bell. Bell is not only a shrift from critics in his lifetime. His them. With a new music hall and a new and the shadow scene of Flynn and great violinst on every level, but he is most overplayed work “Sabre Dance” director who seems intent upon heading Rathbone dueling on a flight of stairs classical music’s answer to Tom Cruise – from the “Ganye” ballet was nothing into somewhat unfamiliar territory, still raises goosebumps. Who else but except that Bell is actually tall. compared to the great works he left be- some of the excitement not seen in this Flynn could casually stroll into a great The Marian Anderson Award concert hind. He was a Soviet composer in the town for more than 50 years may be re- hall filled with Norman evildoers and honors Oprah Winfrey, a woman who mold of his times. But his music did rise turning to the podium. At least it looks drop one of the prince’s stags he had has done much for bringing the arts to above the tawdry output of the collec- promising. just illegally bagged in front of Claude people who ordinarily would not think tive and some of it, including this violin Another unrelated topic to note is Rains. What a guy! to read a book, or to discuss artistic cre- concerto and his piano concerto. The the rerelease of the 1938 film “The Adv- There is nothing mediocre about this ations, but for her urging. The concert latter is a recording from the 1950s with entures of Robin Hood” with all the excellent family film. Flynn is every inch features the lovely Kathleen Battle, a so- William Kappell at the keyboard that wonderful Technicolor restored. I saw the charming swashbuckler and he and prano with Mozart in her soul. These can still knock your socks off. This com- the restored “Gone With The Wind” not de Haviland made numerous films tog- two ladies cannot top the angel voice poser deserves to be recalled to concert too long ago and was dazzled by the ether over the years. All of them were that sang sweet music to a nation that halls and more of his works should be beauty of the color process. swell, but none of them equated to the needed to listen to her. But any concert programmed. “Robin Hood” was a hit in 1938. It sheer fun of this one. It’s available on that honors Marian Anderson deserves Philadelphia concertgoers have been was directed by Michael Curtiz (who DVD and is worth buying. This film will to be associated with great names and notorious for not wanting anything ot- later did “Casablanca,” among others). fill the eye and delight the soul. this one certainly is. her than mid-European classics in their The film starred Errol Flynn, who, concert halls. But the days of the elite pound for pound, was the most hand- Marc W. Reuben, an advisory editor to the Philadelphia Henry Purcell’s wonderful “Funeral Bar Reporter, has been writing about the Arts & Media since 1973.

Center. Board of Governors Cabinet – meeting, noon, 10th floor Board Room. Elder Law Committee – meeting, noon, 10th floor Cabinet Room. CALENDAR OF EVENTS Nominating Committee – meeting, 4 p.m., 10th floor Board Room. Wednesday, Oct. 15 Workers’ Compensation Section Executive Committee – meeting, 10:30 a.m., 11th floor Note: While the following listings have been verified prior to press time, any scheduled event may be sub- Committee Room. ject to change by the committee or section chairs. Workers’ Compensation Section – meeting, noon, 11th floor Committee Room. Lunch: Wednesday, Oct. 1 $7.50. Delivery of Legal Services Committee – meeting, 8:30 a.m., 10th floor Board Room. Federal Courts Committee – meeting, 12:30 p.m., 10th floor Board Room. Lunch: $7.50. State Civil Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Women’s Rights Committee – meeting, 3 p.m., 11th floor Conference Center. Young Lawyers Division Executive Committee – meeting, noon, 11th floor Conference Nominating Committee – meeting, 4 p.m., 10th floor Board Room. Center. LegalLine – 5 p.m., 11th floor LRIS Offices. Thursday, Oct. 2 Thursday, Oct. 16 Alternative Dispute Resolution Committee – meeting, 12:15 p.m., 10th floor Board Room. Family Law Section Executive Committee – meeting, noon, 11th floor Committee Room. Lunch: $7.50. Women in the Profession Committee – meeting, 11th floor Conference Center. Lunch: $7.50. Civil Rights Committee – meeting, 12:15 p.m., 11th floor Committee Room. Friday, Oct. 17 Environmental Law Committee – meeting, 12:30 p.m., 11th floor Conference Center. Lunch: Social Security and Disability Benefits Committee – meeting, noon, 11th floor Conference $7.50. Center. Lunch: $7.50. Philadelphia Bar Reporter Editorial Board – meeting, 12:30 p.m., 10th floor Cabinet Room. Philadelphia Lawyer magazine Editorial Board – meeting, 12:30 p.m., 10th floor Board Delivery of Legal Services Committee Intake Committee – meeting, 3 p.m., 10th floor Board Room. Room. Sunday, Oct. 20 Friday, Oct. 3 Young Lawyers Division ZooBoolee - Philadelphia Zoo, 3 p.m. Philadelphia Bar Foundation Finance Committee – meeting 8:30 a.m., 10th floor Board Room. Monday, Oct. 20 Long Range Planning Committee – meeting, noon, 10th floor Board Room. Business Law Section Executive Committee – meeting, noon, 10th floor Board Room. Monday, Oct. 6 Wednesday, Oct. 22 Yom Kippur – Bar Association offices closed. Solo and Small Firm Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Tuesday, Oct. 7 Thursday, Oct. 23 Philadelphia Bar Foundation Board of Trustees – meeting, noon, 10th floor Board Room. Quarterly Meeting and Luncheon – noon, Philadelphia Marriott. Tickets: $50, www.philadel- Municipal Court Committee – meeting, noon, 11th floor Committee Room. Lunch: $7.50. phiabar.org. Family Law Section – meeting, 4 p.m., 10th floor Board Room. Tuesday, Oct. 28 Wednesday, Oct. 8 Criminal Justice Section – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Budget Committee – meeting, noon, 10th floor Board Room. Young Lawyers Division Cabinet – meeting, noon, 10th floor Cabinet Room. Public Interest Section Law School Outreach – meeting, 5 p.m., 11th floor Conference Professional Responsibility Committee – meeting, noon, 10th floor Board Room. Lunch: Center. $7.50. Thursday, Oct. 9 Wednesday, Oct. 29 Committee on the Legal Rights of Lesbians and Gay Men – meeting, 12:30 p.m., 11th floor Lawyer Referral and Information Service Committee – meeting, noon, 11th floor Committee Committee Room. Room. Legislative Liaison Committee – meeting, 12:30 p.m., 11th floor Conference Center. Lunch: Family Law Day – 1 p.m., 11th floor Conference Center. $7.50. Thursday, Oct. 30 Monday, Oct. 13 Board of Governors – meeting, 4 p.m., 10th floor Board Room. Columbus Day – Bar Association offices closed. Unless otherwise specified, all checks for luncheons and programs should be made payable to the Philadelphia Bar Tuesday, Oct. 14 Association and mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2911. Send Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Criminal Justice Section Executive Committee – meeting, noon, 11th floor Conference Association, 1101 Market St., Philadelphia, Pa. 19107-2911. Fax: (215) 238-1267. E-mail: [email protected].

18 OCTOBER 2003 / BAR REPORTER Meeting on Aug. 9 in San Francisco. and Case Management Supervisors in Committee of the Green Futures Action AAA's Northeast Case Management Committee. Tsiwen M. Law, a partner with Law Center in East Providence, R.I. on Aug. PEOPLE & Zaslow, L.L.C., discussed toxic env- 8. Deborah R. Gross of the Law iormental exposures to Asian Offices of Bernard M. Gross, P.C., was a Frank N. Tobolsky, sole sharehold- Americans at the Region III Robert L. Coll- featured speaker at the Practicing Law er of Frank N. Tobolsky, P.C., presented Environmental Protection Agency’s ings, a partner at Institute’s seminar “Class Action “Documenting a Simple Commercial Mid-Atlantic Cumulative Risk Schnader Harrison Litigation Prosecution and Defense Loan” during the Pennsylvania Bar Workshop on May 29. Segal & Lewis LLP, Strategies” in New York City. Institute’s annual Real Estate Institute has been elected to Program on Aug. 7. Stephanie L. the Board of the Bernice J. Koplin, a partner at Franklin-Sub- Pennsylvania Schachtel, Gerstley, Levine & Koplin, Gina Rubel, owner of Furia Rubel er, a partner with Environmental has been elected to a second two-year Communications, and Jason Lisi, Ballard Spahr And- Council. term as chair of the Central Women’s owner of Legal Internet Solutions rews & Ingersoll, Committee of the Philadelphia Incorporated, were panelists on the was the program Ralph J. Mauro, a partner at Orchestra. “Law Journal TV” program “How planner for the CLE Kleinbard, Bell & Brecker LLP, and C. People Choose Lawyers, How Lawyers program “Mergers Van Leer Davis III, a partner at Deborah M. Lerner, a partner at Market Themselves” on Sept. 1. & Acquisitions: Due Dechert LLP, co-authored the materials Willig Williams & Davidson, was Diligence Considerations After Enron for, and were co-presenters at the Aug. recently appointed to the American Stephen S. Aichele, managing and Sarbanes-Oxley” on Aug. 7 at the 22 Pennsylvania Bar Institute seminar Bar Association’s Joint Committee on partner of Saul Ewing LLP, announced American Bar Association Annual “Limited Partnership Agreements.” Employee Benefits. the release of 500 computers his firm Meeting in San Francisco. donated to the School District of Bruce G. Leto, a partner with Theodore M. Lieverman, a part- Philadelphia. The computers will be Gaetano J. Alfano, a founding Stradley Ronon Stevens & Young, LLP, ner at Spector Roseman & Kodroff, distributed to schools across the city shareholder of Miller, Alfano & participated in the conference “Current recently served as an accredited inter- for the current school year. Raspanti, P.C., was appointed as a hear- Issues Impacting Fund Independent national observer for the 2003 parlia- ing committee member of Committee Directors: A Forum for Fund Directors, mentary elections in Cambodia. He Harmon S. Spolan, a senior mem- 1.06 serving the Disciplinary Board of Lawyers, Accountants and Other Fund and his team were stationed in ber of Cozen O’Connor, was recently the Pennsylvania Supreme Court. Service Providers” on Sept. 22. The Kampong Cham province. elected to the board of Carelift conference was presented by Baruch International, a nonprofit medical relief Jay H. Ginsburg, principal in the College’s Center for Financial Integrity Denis V. Brenan was elevated to organization that has provided more Law Offices of Jay H. Ginsburg, P.C., and the Mutual Fund Directors Forum. president of the National Lawyers than $50 million in medical aid and gave the opening speech for Flag Day Association at the NLA’s annual con- support to developing countries ceremonies at the Betsy Ross House on Ian M. Comisky, a partner with vention and CLE conference on July 31 throughout the world. June 14. Blank Rome LLP, participated in the and Aug. 1 in Chicago. 21st Cambridge International Robert M. Stanton M. Lacks of Lacks & Symposium on Economic Crime on A. Roy DeCaro, member of Raynes, Greenbaum, a Associates was recently a moderator of Sept. 7 to 14 at Jesus College in McCarty, Binder, Ross & Mundy, has partner with Saul a CLE course on behalf of the Cambridge, England. been inducted into the International Ewing LLP, spoke at Pennsylvania Supreme Court Bridge Academy of Trial Lawyers. the “Distressed Debt the Gap program. The program helps Rhonda M. Fulginiti, a member of Investing Forum” in new lawyers with the transition from Cozen O’Connor, recently served as a Jeffrey S. New York on June law school to the practice of law. faculty member for the conference Lichtman, an 27. He was part of a “Mold Litigation: Beyond the Basics II” associate with panel that present- Gerald E. Arth, at the Renaissance Pere Marquette Eisenberg, ed “Buying Assets Out of Bankruptcy: a partner with Fox Hotel in New Orleans. Rothweiler, The Art of M & A Through Section 363 Rothschild LLP, was Schleifer, Weinstein Sales,” at the Strategic Research a presenter at a Ronald B. Glazer and Dov & Winkler, P.C., has Institute conference. National Business Goldman of Wolf, Block, Schorr and been appointed to Institute-sponsored Solis-Cohen LLP, spoke at the recent the Board of the Patricia Sons Biswanger, a mem- seminar entitled seminar “Condominium and Planned Legal Clinic for the Disabled. ber of Cozen O’Connor, recently “The Sarbanes- Community Practice in Philadelphia.” appeared on WOGL-FM’s “Philadelphia Oxley Act of 2002: Patricia Farrell Kerelo of Martin, Agenda” to discuss the National What Pennsylvania Attorneys Need to Barry L. Cohen of Thorp Reed & Banks, Pond, Lehocky & Wilson has Ovarian Cancer Coalition’s 5th Annual Know,” held in Philadelphia Aug. 12. Armstrong, LLP was been appointed been appointed as an adjunct profes- Carolyn A. Marks Walk for the chairman of the American Bar sor at Neumann College, Graduate Whisper. The walk was held Sept. 14. Kenneth J. Association’s Intellectual Property Law School. She currently teaches Warren, a partner Section’s Trade Secret Committee for Administrative Law and Public Policy. Joseph J. at Wolf, Block, 2003-2004. Centeno, an asso- Schorr and Solis- ciate with Cohen LLP, was David J. Obermayer named chair of the Shannon, an Names Are News Rebmann Maxwell American Bar associate with & Hippel LLP, has “People” highlights news of Association's Sect- Leonard, Tillery & been sworn in as a members’ awards, honors or ion of Environ- Sciolla, LLP, wrote new member of the appointments of a civic or com- ment, Energy, and Resources at the “Ten Potential E- Philadelphia munity nature. Information may ABA annual meeting on Aug. 10 in San Commerce Pitfalls” Human Relations Commission. be sent to Jeff Lyons, Managing Francisco. in the August 2003 Editor, Philadelphia Bar Reporter, edition of Corporate A. Michael Pratt, a partner at Philadelphia Bar Association, 1101 Louis Coffey, of counsel to Wolf, Counsel magazine. Pepper Hamilton LLP, took part in a Market St., 11th floor, Philadelphia, Block, Schorr and Solis-Cohen LLP and panel discussion on equality and Pa. 19107-2911. Fax: (215) 238-1267. president of Coffey Consulting Co, pre- Robert D. Fox, a partner with diversity in the legal profession at the E-mail: [email protected]. sented a program for the American Manko, Gold, Katcher & Fox, LLP, has American Bar Association’s Annual Photos are also welcome. Arbitration Association Case Managers been appointed chair of the Advisory

BAR REPORTER / OCTOBER 2003 19 Jay Roberts Jewelers full color full page ad

20 OCTOBER 2003 / BAR REPORTER