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May 2002 The Monthly Newspaper of the Philadelphia Bar Association Vol. 31, No. 5

Federal June Quarterly Meeting Bench-Bar Former Detroit Mayor Arche r Conference Set for June to Del i v er Higginbotham Lecture Attorneys and judges who by Jeff Lyons Chancellor Allan H. Gordon. practice in the local and federal “He’s a trailblazer and an courts can mingle, learn and earn Dennis W. Archer – for- inspiring model for every- CLE credits at the 2002 Federal mer mayor of Detroit, for- one.” Bench-Bar Conference scheduled mer Michigan Supreme Since he is the only for Friday, June 14 at Ashbourne Court justice and almost nominee, Archer is all but Country Club in Cheltenham, Pa. certain to be voted presi- certain to be voted presi- The event is cosponsored by dent-elect of the American dent-elect of the ABA. After the Philadelphia Bar Associa- Bar Association – will deliv- a year as president-elect, he tion’s Federal Courts Committee er the Judge A. Leon Higgin- would become president in and the Pennsylvania Bar Instit- botham Jr. Public Interest August 2003. He would ute (PBI). Lecture at the June become the first African- “This year’s Federal Bench-Bar Quarterly Meeting and American president of the Conference is expected to be the Luncheon on Tuesday, June 123-year-old organization. best ever. With the guidance of 18. He has earned national Chief Judge James T. Giles, the The luncheon will be and international respect for Court’s liaison to the Bench-Bar held at the Park Hyatt his success in changing Conference, Judge Robert F. Kelly, Philadelphia at the Bellevue, Detroit’s image and direc- and Clerk of Court Michael Kunz, Broad and Walnut streets, tion. He served two terms as we have planned an extraordi- beginning at noon. mayor, from 1993 to 2001. nary program,” said Federal “We’re delighted to be He received a Bachelor of Courts Committee chair Howard able to welcome Dennis Science Degree in education Scher. Archer to Philadelphia dur- from Western Michigan “We will address such hot top- ing our bicentennial year University in 1965 and from ics as electronic case filings, tech- Dennis W. Archer served two terms as mayor of Detroit and was also a because Dennis Archer him- 1965 to 1970 taught learn- nology courtrooms, security justice on the Michigan Supreme Court. He is in line to become ABA self is making history,” said issues and mediation. We expect president-elect. continued on page 3 a large turnout from the court and bar, perhaps the largest continued on page 4 Board’s Midyear Retreat to Focus on Future by Jeff Lyons “Century 3: Reinventing Our “The idea for this Midyear “As a profession, lawyers In This Issue ... Future” include Judith M. Retreat grew out of our can do a lot to help the city. A special Midyear Retreat von Seldeneck, chair of the Annual Retreat in January,” No other profession pays as Board of Governors 3 to examine the accomplish- Philadelphia Chamber of said Board Chair Jeffrey M. much in taxes as we do. No 4 Public Interest ments of the past six months Commerce; Philadelphia City Lindy. He said there was a other industry in the city is and look ahead to the future Councilman Michael Nutter; discussion about the city’s as supportive of judicial and 5 Bar Foundation will be held by the Board of and Paul R. Levy, executive changing demographics and legislative elections,” he said. Governors on Friday, June 7. director of the Center City what attorneys can do to 10 O’Connor Award Guest speakers for District. make a difference. continued on page 18

Visit the Philadelphia Bar on the Web at www.philadelphiabar.org • Look for Bar Reporter Online e-newsbrief every Monday morning Wage Tax First Target in City Tax Fight by Allan H. Gordon our tax initiative. It was the clear first change city policy. City leaders paid step if we were to begin to make some attention to what we were saying and People keep asking me: “Why the inroads on the whole tax issue. It heeded our call. And even The Wall Street wage tax?” F R O N T L I N E helped of course that the Chamber of Journalmentioned the Bar Association They want to know why the Bar Commerce felt the same way. When the in a very positive editorial explaining Association decided to make the wage Chamber’s president, Charlie Pizzi, how established organizations can acti- tax reduction a priority this year. The called me and asked the Bar vate their members to foster economic answers would seem to be obvious. Association to join with others to con- vitality and growth. We showed that The wage tax affects everyone. It sider how we might get planned wage we could help our members and help impacts every Philadelphia lawyer and tax reductions back on track, I really the city at the same time. every employee in the city – every law could not say no. It was clear to me Yes, along with the Chamber of firm staff member and all of the people that the Chamber had struck a nerve Commerce we did make a conscious who work in Philadelphia and serve and that we might be on the verge of decision to go after the wage tax first. our law firms or law-related agencies constructing an historic coalition — one Our goal was modest and achievable. in any capacity. These same middle-income families that spanned economic, neighborhood, But the outcome was by no means cer- The wage tax really is, in the words pay more in state and local taxes than racial and ethnic boundaries. tain. I believe we picked the right bat- of NAACP President Jerry Mondesire, they would in any other U.S. city Philadelphia really hadn’t seen any- tle. We proved our point. Yet, though “an equal opportunity destroyer.” It except Bridgeport, Conn. We know our thing like this in quite some time, and we may have won this round, there is takes from people who live in the city city has problems, and we know that the potential positive benefits of such a much more that must be done and and people who commute into the city. programs and services need to be ade- campaign were immediately evident. change always prompts resistance. But Obviously, it takes a particular toll on quately funded. But other cities have In the end, City Council voted that’s really all the more reason to con- the incomes of poor and moderate been able to sustain funding without unanimously in favor of the wage tax tinue to look forward. This must be income people since it is harder for imposing such a tax burden on their cuts, and the Mayor agreed that he only the beginning, not the end. them to sustain this loss from their citizens and businesses and so should would not veto the bill, which keeps More is on the horizon. Stay tuned. wages. It destroys our city because it we. the annual cuts on track. And all of contributes to flight – the flight of Do we favor cuts in the business this happened, in part, because of the privilege and net profits taxes for law fine work of our Tax Section, our Board Allan H. Gordon, a partner o at l sK b,y Gordon, Robin, businesses, of families, of organizations Shore &B e z a,r is Chancellor of the Philadelphia Bar and institutions and individuals. It dri- firms? Of course we do. Law firms and of Governors and all of you. I asked Association. His e-mail addressh a is n c e l l o r @ p h- i l ves people and money away from our personal service firms organized as you to get involved by writing and a ba r. o r g . city. It’s debilitating. partnerships of limited liabilities need calling City Council and participating The wage tax dramatically exempli- to be put on an equal footing with in the wage tax cut campaign. You fies a whole tax structure that is way businesses organized as corporations. delivered. Your involvement made a out of line. It’s a fact: Philadelphians That recommendation was included in difference. City Council heard you. are among the most heavily taxed peo- our resolution on the wage tax cut and And there was an added bonus: the ple in the nation. Middle income fami- it was clearly communicated to City Philadelphia Bar Association gained lies living in the city pay 73 percent Council. new clout. The Philadelphia Inquirercalled Editor-in-Chief Bruce H. Bikin, Esq. more in local taxes than similar fami- But we decided that the wage tax us a “heavy hitter.” The Daily News cited lies living and working in the suburbs. would be the logical starting point for us as a valuable partner in the effort to Associate Editors Glenn F. Rosenblum, Esq. Molly Peckman, Esq. Sunah Park, Esq. Chancellor-Elect Testifies Against Wage Tax Nina Wright-Padilla, Esq. Contributing Editor Richard Max Bockol, Esq.

Advisory Editors Merih O. Erhan, Esq. Marc Reuben, Esq.

Director of Publications and New Media Mark A. Tarasiewicz

Managing Editor Jeff Lyons

Copy Editor Kate Maxwell

Associate Executive Director for Communications and Public Affairs Daniel A. Cirucci

Executive Director Kenneth Shear

The Philadelphia Bar Report e r (ISSN 0145-3491) is published monthly and available by subscription for $45 per year by the Philadelphia Bar Association, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2911. Periodicals postage paid at Philadelphia, Pa. POST- M A S T E R : Send address changes to Philadelphia Bar R e p o rt e r, c/o Philadelphia Bar Association, 1101 Market St., 11 fl., Philadelphia, Pa. 19107-2911. Telephone: (215) 238-6300. Association Web site: ww w. p h i l a d e l p h i a b a r. o r g. Newspaper e-mail addre s s : re p o rt e r @ p h i l a b a r. o rg. The editorial and other views expressed in the Philadelphia Bar Reporterare not nec- essarily those of the Association, its officers, or its Bar Association Chancellor-Elect Audrey C. Talley presents testimony before Philadelphia City Council on April 8. Talley spoke on behalf members. Advertising rates and information are avail- of the Association in favor of lowering the city wage tax. City Council voted unanimously in favor of reducing the tax. Seated at Talley’ s able from American Lawyer Media, 1617 JFK Blvd., Suite 1750, Philadelphia, Pa. 19103-9655. Telephone: side is Joseph C. Bright, secretary-treasurer of the Association’s Tax Section, who also testified in favor of cutting the wage tax. (215) 557-2300.

2 MAY 2002 / BAR REPORTER Board Backs New Workers’ Comp Hearing Site by Jeff Lyons The conditions at the State Office litigants become unruly, and must sites for Workers’ Compensation hear- Building at Broad and Spring Garden enter their courtrooms through the ing rooms. They include Strawbridge’s The Board of Governors approved streets have been a sore spot for attor- same doors as litigants and witnesses, at 801 Market St., The Wanamaker four resolutions at its April 25 meeting, neys for years. Attorneys and clients passing through a room crowded with Building on Juniper Street between including one in favor of moving the are often forced to share elevators that litigants and witnesses to get to the Market and Chestnut, and the Widener Workers’ Compensation hearing rooms are being used to transport parolees to bench. Building. from the State Office Building to a cen- hearings. Ventilation problems also make the The resolution, which was unani- tral location in Center City. There have also been complaints bulding extremely uncomfortable in mously approved, authorizes Chancel- “This resolution would improve about inadequate security, including warm weather. lor Allan H. Gordon to inform the conditions for judges, lawyers and the delay in installation of a metal Joseph A. Prim, co-chair of the Sole Secretary of Labor and Industry, the clients alike,” said Patrice A. Toland, the detector to screen for weapons because & Small Firm Management Comm- governor and other officials of the Workers’ Compensation Section repre- there is no place to put the detector. ittee, told the Board three Center City importance of moving the hearing sentative to the Board. Judges have no safe exit if witnesses or sites were being examined as possible continued on page 18

JUNE QUARTERLY continued from page 1 New Members Joining Bar’s Year Clubs ing-disabled students at Duffield and As part of the June 18 Quarterly Meeting and Luncheon, J. McCormack, Max Meshon, Peter Platten, Walter W. Rabin, Bunche elementary schools in the new members of the 50-, 60-, 65- and 70-Year Clubs will be John S. Renninger, Judge Paul Ribner, Vincent J. Salandria, Detroit public schools. He earned a JD welcomed. The clubs honor attorneys who have been prac- Judge Norma L. Shapiro, Jules Silk, Arthur Silverman, from Detroit College of Law in 1970. ticing law for 50 years or more. Robert M. Smith, Franklin H. Spitzer, Walter I. Summerfield After earning his law degree, he This year’s honorees are: Jr., Kenneth Syken and Alfred D. Whitman. worked as a trial lawyer for several 50 Years: Robert L. Bast, Milton Becket, Harold Berger, 60 Years: Herbert Brener, Nathaniel Budin, Pershing N. Detroit law firms, including Dickinson- Sidney H. Black, Herbert Braker, Christopher Branda, Calabro, Marvin Comisky, John M. Holton Jr., Judge Edward Wright, where he is now chairman. He Burton Caine, Walter D. Campbell, John Rogers Carroll, B. Rosenberg, Leonard Sarner, Albert W. Schiffrin, I. Sidney served as associate professor of the David Cohen, William J. Daniel, Victor L. Drexel, Edward C. Sherwin and Judge Alfred L. Taxis. Detroit College of Law and adjunct German, Joseph K. Gordon, Judge Clifford Scott Green, 65 Years: Myer B. Barr, Gabriel Berk, John Bishop, professor of Wayne State University Mervin J. Hartman, George J. Hauptfuhrer, Milton P. King, Medford J. Brown, Earl L. Cahan, Hyman Maron, Alex Law School. In 1985, Gov. James Seymour Kivitz, William R. Klaus, Arthur R. Littleton, Satinsky and Murray H. Shusterman. Blanchard appointed Archer to the Edward J. Marcantonio, James C. McConnon, Judge Thomas 70 years: James E. Gallagher and Lena O. Ginsburg. Michigan Supreme Court. Archer was elected to an eight-year term in November 1986. He resigned in 1990 to Institution Center on Urban and While mayor, he helped to persuade continual process improvement. Archer resume private practice. Metropolitan Policy. General Motors to stay in Detroit and introduced a new computer system to Archer was president of the Archer was named Public Official of to lure Compuware from the suburbs greatly reduce administrative paper- Wolverine Bar Association from 1979 to the Year in 2000 by Governingmagazine. to downtown; landed the 2006 Super work and initiated improvements in 1980, the National Bar Association from He received an Award of Excellence Bowl and saw the construction of new Detroit’s neighborhoods. 1983 to 1984 and the State Bar of and was named 1998 Newsmaker of baseball; and football stadiums and Previous Higginbotham lecturers Michigan from 1984 to 1985. He is a life the Year by Engineering News-Recordmag- three casinos downtown. are Marion Wright Edelman, Professor member of the Fellows of the American azine. He has been named one of the Under Archer’s leadership, Detroit’s Charles Ogletree and Congressman Bar Association and the National Bar 25 most dynamic mayors in America crime rate declined each year of his Chaka Fattah. Association; a fellow of the Internat- by Newsweekmagazine; one of the 100 administration. He improved city ser- The lecture was inaugurated by the ional Society of Barristers; and a life Most Influential Black Americans by vices with an unprecedented invest- Public Interest Section in 1999 to honor member of the Sixth Circuit Judicial Ebonymagazine; and one of the 100 ment in employee training, high-tech- the memory of the late Third Circuit Conference. He is also a member of the Most Powerful Attorneys in the United nology equipment and a labor-man- Court of Appeals Chief Judge A. Leon Advisory Board of the Brookings States by the National Law Journal. agement partnership that emphasizes Higginbotham Jr.

Quarterly Meeting and Luncheon Tuesday, June 18 at Noon at the Park Hyatt Philadelphia at the Bellevue • Featuring keynote speaker Dennis W. Archer • Welcoming New 50-, 60-, 65- and 70-Year Club Members Please make reservations for the Philadelphia Bar Association’s Quarterly Meeting Re t u r n to: and Luncheon. Tickets are $40 for members and $45 for non-members. Checks should be Quarterly Meeting made payable to the Philadelphia Bar Association. Philadelphia Bar Association 1101 Market St., 11th fl. Name: Philadelphia, Pa. 19107-2911

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BAR REPORTER / MAY 2002 3 Public Interest Section Pro Bono Invol v ement, Access Stressed by Julia H. Hoke hear about the many activities in which the Section is involved. It was The director of the Chicago Bar also a time to emphasize the impor- Foundation demonstrated ways his tance of private and public bar collab- organization has maximized technolo- orations in addressing the legal needs gy to make it easier for people who are and rights of those who often lack an interested in taking on a pro bono case advocate to speak on their behalf. to find one that matches their strengths As the Public Interest Section enters and availability. The presentation was its 11th year, it invites attorneys to join made at the April 10 meeting of the and participate on one of the commit- Public Interest Section, the first full tees or volunteer for one of the many meeting of the Section in its history. public interest/legal services organiza- Bob Graves, director of the Chicago tions in Philadelphia. Bar Foundation, demonstrated the Web “It is through its committees - Civil Bob Graves Tsiwen Law site his organization uses to improve Rights, Delivery of Legal Services, Law upon matching pro bono attorneys administrative time agencies use in ney with a potential client and has the Firm Pro Bono, Legal Rights of with people in need of free legal repre- finding a pro bono attorney, while also capacity to coordinate local pro bono Children, Legal Rights of Persons with sentation. The Web site, www.illinois- increasing the number of attorneys efforts is certainly worth seriously Disabilities, Problems of the Homeless probono.org, allows attorneys to handling pro bono cases because of looking into,” said Sharon Browning, and Women’s Rights - that the Section choose a county, time of day and prac- the convenience and resources the executive director of Philadelphia VIP. provides endless opportunities for col- tice area. The attorney is then provided Web site provides. More than 70 people, from both the laborations between public interest a list of pro bono opportunities that “As Philadelphia reviews its pro private and public bar, attended the and private sector members on areas of meet the criteria given. The Web site is bono practices, a Web site that simpli- meeting. The meeting gave Section shared concern,” said Tsiwen Law, chair designed to reduce the amount of fies the process of matching an attor- members and others an opportunity to continued on page 13

BENCH-BAR For more information continued from page 1 • Conference registration may be Court Aims for Less Paper obtained by calling PBI at (800) 247- ever,” Scher said. 4724 or (800) 932-4637 or by visiting “We urge all practitioners in federal PBI online at www.pbi.org. Pre-regis- court to attend this Bench-Bar tration is encouraged. Conference. Not only will an attorney • Arrangements for golf following the be able to increase his/her substantive conference, at an additional charge, knowledge of a particular topic, but may be made by contacting Philadel- practical and hands-on advice will be phia Bar Association Meeting Man- given. The Bench-Bar is also an excel- ager Stephanie Krzywanski at (215) lent opportunity to interface with the 238-6360 or by e-mail at federal court judges in an informal and [email protected]. fun setting,” said Stephanie Resnick, committee vice chair and coordinator Jr. They will be joined by attorneys C. of this year’s conference. Scher, partner Clark Hodgson of Stradley Ronon in Buchanan Ingersoll P.C., and Resnick, Stevens & Young LLP and Sherry A. partner in Fox, Rothschild, O’Brien & Swirsky of Schnader Harrison Segal & Frankel LLP, are course planners for the Lewis LLP. conference. Conference participants will hear a The conference, an educational and “Report from the U.S. Attorney’s Office,” recreational event for federal court presented by U.S. Attorney Patrick L. practitioners and judges, offers 2.5 sub- Meehan. Topics will include terrorism, stantive and .5 ethics continuing legal Project Safe Neighborhood, predatory education credits and will be held from lending and crime mapping and intel- 8:15 a.m. to 1 p.m. On-site registration ligence. U.S. District Court Judges Anita B. Brody (right) and Berle Schiller offer a presentation and a continental breakfast begin at The second panel discussion, “Best of the Eastern District’s new electronic case filing program at the April 18 meeting of 7:30 a.m. Litigators and judges will Practices in Civil Litigation: A Review the Association’s Federal Courts Committee. then discuss topics of interest in the of Practices in This Jurisdiction and Eastern District of Pennsylvania. Others,” will feature program coordina- rules; and a bankruptcy court update. make closing remarks. Following an on-site luncheon, the tor Jami Wintz McKeon of Morgan, Joining Kunz will be Chief Judge Giles, A cocktail reception and lunch will afternoon is open for relaxing and golf. Lewis & Bockius LLP and the following U.S. District Court Judge Petrese B. follow the conference. U.S. District Court Chief Judge James panelists: U.S. District Court Judge Jan Tucker, U.S. Bankruptcy Court Judge Tuition is $135 for members of the T. Giles will open the conference with E. DuBois, attorneys Robert C. Heim of Kevin J. Carey, U.S. Magistrate Judge Pennsylvania, Philadelphia or any welcoming remarks. Resnick will then Dechert, H. Laddie Montague of Berger Linda K. Caracappa, Program other county bar association or any introduce the first session, “A Panel & Montague P.C. and Howard D. Scher. Coordinator Mary F. Platt of cosponsoring organization, $115 for Discussion of the Role and Next, a presentation of “Recent Montgomery, McCracken, Walker & members admitted after Jan. 1, 1998 Responsibilities of Local Counsel.” Developments and Hot Topics” will Rhoads LLP, and attorneys James M. and $155 for nonmembers. The session will feature program include clerk of the court Michael E. Becker of Saul Ewing LLP and Michael One copy of the 2002 Federal coordinator Abraham C. Reich of Fox, Kunz’s annual report on the state of H. Reed of Pepper Hamilton LLP. Bench-Bar Conference course manual Rothschild, O’Brien & Frankel LLP and the court; discussions of electronic case Chief Judge Giles and committee is included with registration. The mate- two judicial panelists: District Judges filing and courtrooms, court security, chair Scher will then lead a session on rials are not available for separate pur- Norma L. Shapiro and Lowell A. Reed video conferencing and new mediation “Good and Welfare” and Scher will chase.

4 MAY 2002 / BAR REPORTER Bar Foundation Restructures B A R F O U N D AT I O N by Gerald A. McHugh Jr. upon supporting access to justice. The Support Center for Child Advocates, to history of strong leadership by assisting the elderly through Judicare. The Philadelphia Bar Foundation Chancellors and past presidents, sup- Virtually every public interest and legal has been one of the great successes of ported by Executive Director Ken services program in the Delaware our Association, growing from a mod- Shear, has made our Foundation a Valley receives some measure of sup- est extracurricular program into a cru- meaningful presence. port. Annual grants to Philadelphia- cial source of support for the legal ser- The range of activities supported by area programs now average approxi- vices and public interest communities. the Foundation is limitless, from pro- mately $350,000. In some locales, bar foundations tecting children through grantees such continued on page 6 exist only to meet the capital needs of as the Juvenile Law Center and the the Association itself. Such has never been the case in Philadelphia, where the Foundation has always focused 14th Annual Philadelphia Bar Foundation Golf Classic Golfer Registration Form Foundation Mo n d a y , June 24, 2002 - Saucon Valley Country Club - Bethlehem, Pa. Golf Classic Name ______Employer______Ad d r ess ______Phone/E-mail ______June 24 US G A Index ______Club Af filiation, Golf Shop Phone ______

The Philadelphia Bar Foundation My check includes reservations for the following guests: returns to Saucon Valley Country Club in Bethlehem on June 24 for its 14th Annual Golf Classic. Name ______Employer______There is no increase in the cost of Ad d r ess ______Phone/E-mail ______participation this year. Members of the Bar Association can play for $450. Non- US G A Index ______Club Af filiation, Golf Shop Phone ______members are invited to play for $550. The prices include all greens fees, golf Name ______Employer______cart, lunch, refreshments and a cocktail reception following the event. Ad d r ess ______Phone/E-mail ______The Colburn Cup will be presented US G A Index ______Club Af filiation, Golf Shop Phone ______to the player with the lowest USGA course-adjusted net score. The Kursh Cup is presented for lowest individual Name ______Employer______gross score. The Lexis-Nexis Cup is Ad d r ess ______Phone/E-mail ______awarded for low team gross score. Saucon Valley adheres to a strict US G A Index ______Club Af filiation, Golf Shop Phone ______dress code with no exceptions. Men are required to wear long pants (no jeans) I would like to play in a foursome with the following people: (Include name, employer and phone) and women who choose to wear shorts must wear Bermuda-length shorts. In 1) ______2) ______addition, metal spikes are not permit- ted. This year’s Golf Classic will feature a 3) ______4) ______silent auction and raffle with many ex- citing prizes donated by prominent area retailers and restaurants. Raffle tickets are available for $10 each or six Registration fees: Philadelphia Bar Association members: $450; non-members: $550. Space is limited! Slots are for $50. They may be purchased in ad- reserved for Bar Association members and for sponsors of the Golf Classic. Any unreserved slots will be filled on vance or on the day of the tournament. a first-come, first-served basis three weeks prior to the event. Notification will be made by phone. The Bar Foundation’s annual Golf Classic is an important source of sup- Checks should be made payable to the Philadelphia Bar Foundation, a 501 (c)(3) tax-exempt orga n i z a t i o n . port for the annual grants program. Contributions over $305 are deductible as allowed by law. Proceeds from the Golf Classic will benefit the delivery Last year, the Golf Classic raised nearly one third of all the funds distributed by of legal services to victims of poverty, abuse and discrimination. the Foundation. Established in 1964 as the charitable Iam unable to participate in the Golf Classic but wish to make a tax-deductible contribution to the Philadelphia arm of the Philadelphia Bar Associa- Bar Foundation in the amount of $ ______. tion, the Bar Foundation is dedicated to ensuring equal access to justice for vic- Please return registration form and fee to: Philadelphia Bar Foundation, Golf Classic, tims of poverty, abuse and discrimina- tion. Enabled by contributions from At t e n t i o n : Melissa Engler, 1101 Market St., 10th Floor, Philadelphia, Pa. 19107-2911 individuals, the Bar Foundation has served as an essential source of unre- Acopy of the official registration and financial information may be obtained from the Pennsylvania Department stricted support for organizations pro- of State by calling toll-free within Pennsylvania, (800) 732-0999. Registration does not imply endorsement. viding the free legal services needed to carry out this mission.

BAR REPORTER / MAY 2002 5 International Criminal Court Plan Approved by Enid H. Adler based in The Hague, Netherlands, is expected to be established in 2003. On April 11, the United Nations was Only incidents that take place after July the setting for the most historic event 1 will fall under this court’s jurisdic- for worldwide rule of law, rights of vic- tion. tims and humankind since the 1945 The International Criminal Court founding of the United Nations and will negate the need for ad hoc courts the war crimes trials at Nuremberg. such as those for Yugoslavia and The 60th ratification of the Rome Rwanda. This will enable those accused Statute was deposited with the United of these crimes to be investigated and Nations, paving the way for the cre- brought to justice in a timely manner. ation of the world’s first permanent As a permanent judicial body, it is war crimes court later this year. hoped that it will act as a deterrent. It The court’s jurisdiction: to bring to will be more cost effective than con- justice perpetrators of the most stantly setting up new ad hoc courts. It heinous crimes – crimes against seems clear that, in many cases, coun- humanity, war crimes, genocide – tries might be more willing to turn whose sole purpose is to target civil- over suspected criminals to an interna- F o rmer International Law Committee Chair Enid H. Adler and Philippe Kirsch, Canada’s ians. This historic event heralds the tional tribunal rather than to the U.S. ambassador to Sweden, celebrate the ratification of the Rome Statute. realization of a dream more than 50 or other countries. years in the making. Another major difference between delegates and the 1,000 civil society in the U.S. to do so. The ICC is A total of 10 countries deposited the ad hoc courts and the ICC is that organizations. This was reminiscent of designed to be a fair, independent their instruments of ratification. All while the United Nations created the July 17, 1998 in Rome when the Treaty judicial body that respects the highest were counted as the magic “60,” with ad hoc courts, the ICC will be an inde- was passed by a vote of 120 to 7. The standards of justice. The Rome Statute the actual total at 66. The first confer- pendent, international judicial body. Philadelphia Bar Association passed a contains extensive due process guaran- ence of the States Parties will be held The solemn ceremony was followed resolution in April 1998 in favor of an tees, equivalent in protection to those in September, and the court itself, to be by a standing ovation by the treaty ICC. It was one of only three city bars contained in our Bill of Rights.

BAR FOUNDATION many legal services, public interests, time to inspire the Philadelphia legal increase administrative efficiency and continued from page 5 and pro bono providers in community to recognize that the Board accountability. It will also Philadelphia can coordinate their work. Foundation plays a critical role in pro- become responsible for identifying and Now that the Foundation has tecting equal access to justice. developing its own future leadership. Significantly, unlike most matured, it is time for it to do still To set a course for growth in the To that end, the presidency of the Foundation grants, funding through more: more in communicating the third century of the Bar Association, Foundation will become a two-year the Bar Foundation is generally not needs of the poor and disenfranchised; the Foundation is being restructured in term, to eliminate the inefficiency restricted, providing critical support for more by way of technical support for significant ways. First, the director of caused by annual changes in leader- the general operating needs of the our grantees; and more by way of fund the Foundation will be given expanded ship. Finally, a new advisory/liaison agencies we serve. The Foundation raising, to insure that we build a capi- responsibilities. For too many years, we Board will be created to reach out to endowment, fueled principally by the tal base for ongoing support of legal have unfairly leaned on Ken Shear, and the legal community. Hamilton Circle, is growing slowly. services. It is time to re-evaluate the asked him to do the Herculean task of At the end of two centuries, the Bar Although it is not yet sizeable enough methods by which we raise money, running two organizations. While the Foundation gives us much to be proud to provide an independent stream of particularly whether spending time executive director of the Bar Assoc- of as Philadelphia lawyers. Our chal- income, it is well on its way to reach- and resources on special events is the iation will always be a member of the lenge as we enter Century 3 is to bring ing critical mass. Furthermore, support most efficient way to generate support Foundation Board, and its executive a new level of energy and commitment from the Bar Foundation is a valuable for our grantees. It is time to reaffirm committee, going forward he or she to its work. endorsement for our grantees, as they our commitment to the Hamilton will not be saddled with ultimate re- seek contributions from other donors Circle, where a gap between pledges sponsibility for both. The Foundation and donations threatens to undercut Board will be reduced in size, from 46 Gerald A. McHugh Jr., a partner at Litvin, Blumberg, and foundations. At the same time, it Matusow & Young, is president of the Philadelphia Bar provides a network through which the growth of our endowment. It is also to 24 members, which will greatly Fo u n d a t i o n . Bar, City Leaders Attend HAP Benefit

C h a n c e l l o r -Elect Audrey C. Talley is joined by City Councilman Frank Rizzo Jr. (center) and Chancellor Allan H. Gordon at the Homeless Advocacy Project’s Annual April Benefit on April 25 at the Park Hyatt Philadelphia at the Bellevue. The event was presented by PECO Energy along with First Union, The Verizon Foundation and Philadelphia Suburban Wa t e r. HAP was founded in 1990 through the efforts of the Philadelphia Bar Association’s Problems of the Homeless Committee, homeless advocates and other c o n c e rned citizens in the community. Proceeds from the event will allow HAP to continue to provide crucial services to many of the thousands of people who will become homeless this year.

6 MAY 2002 / BAR REPORTER Outside Skills Can Author Offers Career Advice Im p r o ve Practice by Marla A. Joseph

One of the brightest lawyers I know, who is also a whiz in mathematics and YLD UPDAT E science, recently admitted to me that the only reason he became a lawyer, as opposed to a doctor, was because of his fear of blood. While he may have chosen this path, his technical mind enables him to break down a legal argument the way a surgeon operates on a patient. Another friend of mine, Jennifer Platzkere, is a labor lawyer who moon- lights as a singer and an actress. She says she keeps her day job because of process. the financial stability and security that Even those “die-hard” lawyers who it provides. As a lawyer, she will always have known since birth that they have a case at her firm to handle, wanted to practice law can enhance whereas an actress has to wait for the their practice by using skills developed next phone call in between gigs. in their emotional relationships. The And recently I spoke at the Temple compassion and vulnerability they feel Law School Evening Division Brunch for their children or significant others where I was surrounded by lawyers can help them better understand the and future lawyers whose original needs of their clients. While law school careers ran the gamut from medical may teach us to think more logically librarian to accountant. and hone our skills in contract law and So whether you chose the legal pro- evidence, the top law students in the fession at the outset or by default, there Pamela J. Holland, co-author of “Help! Was That a Career Limiting Move?” stresses a class will not necessarily be the most is not one stereotypical lawyer in our point during a Young Lawyers Division Law, Life and Lunch seminar on April 2. She dis - successful lawyers because there are so community. Rather, our profession is cussed ways to prevent foot-in-mouth syndrome and to stop embarrassing career set - many other important traits required made up of individuals of varied edu- backs. She also offered tips on navigating your way to the top of the corporate ladder. to achieve success. cational and professional backgrounds. The law is a service industry, so As diverse as our backgrounds may being knowledgeable in your area of be, one thing is for certain: The best practice is crucial. But you must also lawyers utilize the skills and traits they YLD Hamilton Circle Members learn to be a good salesperson, psy- acquired over their lifetime in order to Together with the Philadelphia Bar Axelrod, Brian Scott Chacker, Jeffrey L. chologist, mediator and marketing guru achieve success. For example, Jennifer Association’s Young Lawyers Division, Dashevsky, Andrew R. Duffy, John to enhance your career. The best way to effectively uses her acting skills to the Philadelphia Bar Foundation has Ehmann, James E. Elam, David accomplish these goals is to continue negotiate the best possible deals for her created the Young Lawyers Division of Felderman, Joel I. Fishbein, Regina M. to learn and grow by pursuing interests clients in labor disputes. And another the Andrew Hamilton Circle. Foley, Lisa Getson, Michael Hayes, outside the law. So rather than looking well-respected attorney, Shelli Fedullo, Each member of the YLD-AHC will Gregory B. Heller, Heather J. Holloway, at the entrance to the bar as an end- uses the skills she acquired as a teacher contribute $300 to the Michael K. Smith Jerel Hopkins, Marla A. Joseph, Thomas point, I recommend that you continue to educate a jury on the nuances of the Fund of the Philadelphia Bar G. Kessler, Natalie Klyashtorny, Mariam educating yourself and applying your law by taking difficult concepts and Foundation. Proceeds from the Fund Koohdary, Glenn M. Massina, Tobias life experiences to your practice. This breaking them down into easy princi- are used to benefit the delivery of legal Millrood, Jennifer L. Myers, Dara Penn will distinguish you from others in the ples that a layperson can understand. services to the disadvantaged in Newman, Alan Nochumson, Molly profession and ultimately make for a Personally, I have found that my Philadelphia. Peckman, Rebecca Rosenberger- more satisfying life. undergraduate work and practical The Philadelphia Bar Foundation Smolen, Lee Rosenfeld, Peter R. experience in psychology has been a salutes these young leaders in the legal Rosenzweig, Melissa Schwartz, Michael major advantage in counseling my Marla A. Joseph, chair of the Young Lawyers Division, iscommunity for their commitment to D. Shaffer, Marnie E. Simon, Michele E. clients and analyzing the veracity of managing associate in the Worker’s Compensa t i o n helping others: Turner, Rod E. Wittenberg, MaryJo department at Sacks, Weston, Smolinsky & Albert. Her e- my opponents during the negotiating mail address is mjoseph@sa ck s l a w. n e t . Michael Eric Adler, Sheryl L. Wlazlo and Eric Zajac. YLD/USI Colburn Golf Outing July 22 at Phila. Cricket Club The Young Lawyers Proceeds from sponsorship of will be served and the driving Instruction will be geared limited number of caddies Division and USI Colburn the tournament will benefit range will be opened. The toward the beginning and available. Insurance Service will hold the Philadelphia Bar Found- event concludes with a buffet intermediate golfer. The golf clinic is $60 per their annual golf outing on ation, the charitable arm of and awards ceremony. The cost is $200 per person person, which includes ad- Monday, July 22 at the Phila- the Philadelphia Bar Associa- A one-hour golf clinic with for the golf tournament, mission to the evening event. delphia Cricket Club’s Flour- tion. a Cricket Club professional which includes greens fees, Registration is on a first- town Course. The tournament begins at will be held from 4 to 5 p.m. cart, all meal functions and come, first-served basis. For The tournament is open to 1 p.m. with a shotgun start. for those who are new golfers prizes. more information, contact all Philadelphia young law- Registration begins at 11:30 or who can’t fit the tourna- Caddies are available for Stephanie Krzywanski at (215) yers, friends and paralegals. a.m., when a barbecue lunch ment into their schedules. $40 per bag, but there are a 238-6360.

BAR REPORTER / MAY 2002 7 Cyberspace & E-Commerce Committee Italian Experts Offer E-Commerce Vie w by Sandra A. Jeskie

The Business Law Section’s Cyber- space & E-Commerce Committee proudly hosted two distinguished Italian lawyers at its committee meet- ing on April 3. Massimo Sterpi and Marzia Francisci from the law firm of Studio Legale Jacobacci & Associati in Turin and Milan, Italy, addressed the committee on the topic of e-commerce in Europe. Each year since their firm was founded in 1996, it has been named “Best Italian Law Firm in Intellectual Property” by Managing Intellectual Propertymagazine based on a survey of 3,000 companies and law firms throughout the world. Last fall John B. Wright II, chair of the Business Law Section, met Sterpi and Francisi while chairing a confer- ence on e-commerce in Salzburg, Austria. When Wright learned they were attending a conference in New York and planned to be in Philadelphia for the day, he suggested they join the Cyberspace & E-Commerce Committee. Committee members were excited at the unique opportunity presented by Cyberspace & E-Commerce Committee Chair Sandra A. Jeskie (from left) poses with Massimo Sterpi, Marzia Francisci and Business Law the unexpected visit. Section Chair John B. Wright II at the Committee’s April 3 meeting. European Union Law on e-com- merce was the central theme during processing may begin. Thus, U.S. orga- the April 3 committee meeting. Sterpi nizations conducting business in mem- opened the discussion by commenting ber states must carefully review the on the significant growth of e-com- regulatory framework to ensure ade- merce in Europe and the effects of quate protection for personal data European law on e-commerce. The pre- relating to citizens of a member state. sentation continued with a detailed In order to bridge these different discussion of the numerous EU direc- privacy approaches and provide a tives covering contracts, personal data, streamlined means for U.S. businesses privacy protection, telecommunica- to comply with the directive, the U.S. tions, electronic signature and related Department of Commerce, in consulta- legal aspects of e-commerce. tion with the European Commission, Sterpi and Francisci warned that the developed a “safe harbor” framework. EU directives provide strong protection The safe harbor is an important way in the areas of data and privacy protec- for U.S. companies to avoid experienc- tion for consumers in member states. ing interruptions in their business The European Commission’s Directive dealings with the EU or facing prosecu- on Data Protection prohibits the trans- tion by European authorities under fer of personal data to non-EU nations European privacy laws. that do not meet the European Ad- The next meeting of the Cyberspace equacy standard for privacy protection. & E-Commerce Committee is sched- The EU relies on complex and compre- uled for May 7 and will include a pre- hensive legislation that resulted in the sentation on Enterprise Resource creation of government data protection Planning. All members of the Bar are agencies, registration of databases with invited to attend the meeting or partic- those agencies and, in some instances, ipate in committee activities. The prior approval before personal data Committee meets monthly and pro- vides a forum for lawyers to discuss the AIDS Law Project Event vast array of legal issues raised by the rapid expansion of the Internet and Join the staff, board and friends of private computer networks. For more the AIDS Law Project as they celebrate information about the Cyberspace & E- their new offices, which allow greater Commerce Committee, contact commit- privacy for clients, at 1211 Chestnut St., tee chair Sandra A. Jeskie at (215) 979- Suite 600. 1395 or by e-mail at jeskie@duanemor- The celebration will be held on ris.com. Tuesday, May 7 from 5 to 7:30 p.m. Please RSVP to (215) 587-9377. Sandra A. Jeskie is an associate at Duane Morris LLP.

8 MAY 2002 / BAR REPORTER Career Corner Co ver All Bases in Pos t - L a yoff Job Sea r c h by James LaRosa and Gary Mintz are going to find your new position. sional, purchase one of the numerous mum you want to make certain that You should look at your job search as a books on resume and cover-letter your resume was received and has Although there are indications that job. As you would in any job, make drafting, or review one of the numer- been forwarded to the proper person. our economy is starting to break out of sure you are at work at the same time ous Web sites on the topic. You may also want to consider the recent recession, many law firms every day, prepared to work and Also, if you have practiced in vari- using a legal recruiter to assist you are still feeling the recession’s after- accomplish the day’s assignments. As ous practice areas, it is a good idea to with your job search. There are a large shocks. As a result, we are still seeing with any job, there will be some tasks have more than one resume on hand number of legal recruitment compa- and reading about layoffs throughout you will perform daily, some weekly, that you can send to different employ- nies to choose from in Philadelphia. It the Philadelphia legal community. and others that will depend upon the ers, depending upon the type of posi- would probably be beneficial to meet Although searching for a new job is specific situation involved. The impor- tion you are applying for. Your resume with a few different legal recruiters to always a difficult and time-consuming tant thing is to remain focused and should be in a format that can be easi- see what they have available. You do task, it becomes significantly more dif- disciplined. ly e-mailed. Not only is e-mail the not want to spread yourself too thin, ficult and urgent after a layoff. On day one of your job search it is easiest way to send your resume, it is however. You want to be able to keep After a layoff, your first instinct a good idea to get your references in also the preferred method of many law track of where your resume is going. might be to immediately jump into order. There is no better reference than firms and companies for receiving Although you are out of work, you your job search. While you should your previous employer. You should them. need to keep up with what is happen- always keep your eyes open for poten- talk with you previous employer and Next, you want to make certain that ing in the legal community. Try to read tial opportunities, it can be beneficial try to find out what they will say on anybody who is a potential network- legal periodical such as The Legal to take a little time to reflect upon your behalf. Make certain that your ing contact is aware of the change in Intelligencerand The National Law Journal what has just happened. Being fired or reasons for leaving the job are the your employment status. Although it on a regular basis. You can find many laid-off is a traumatic event. By taking same as your employer’s. You do not may be difficult to tell people you are prominent legal periodicals online. some time to reflect on your recent job want to tell a prospective employer out of work, you never know which of Reading these periodicals on a daily displacement and on your career goals you left for economic reasons only to your colleagues, friends or your basis may also alert you to potential you will be better prepared mentally to have your former employer say it was friends’ friends know of a potential opportunities. A firm may have landed tackle the difficult task ahead. performance based. If you cannot rely opportunity. The more people that a large new client, a partner may have While not everyone has the finan- upon your previous employer to pro- know you are in the job market the changed firms or a new class action fil- cial luxury to be very selective regard- vide you with a good reference, you better. ing may mean local firms will need to ing their search, you should try to stay should try to find other individuals Networking should be something add staff. You never know what infor- true to your long-term career goals. that can adequately discuss your pro- you do on a regular basis. If you told mation you will read that can lead to a Obviously, if you take the first position fessional capabilities. But be aware: somebody in week one of your situa- potential opportunity. that will provide you with a paycheck, There is nothing keeping a potential tion and you have not heard from Finally, make certain you are but is not consistent with your career employer from picking up the phone them in several weeks, it can’t hurt to reviewing the numerous Web sites and goals, you may be searching again and calling your former boss, even if give them a call and see whether they legal periodicals that list available legal sooner than you would like. they are not on your reference list. have heard of any new opportunities. opportunities. This should be done on Once you have emotionally recu- Another important day one priority You should be somewhat persistent a daily basis. perated from your layoff, you should is to make certain that your resume without being overly intrusive. and cover letter are up-to-date. Your Another key element in your job James LaRosa, Esq., and Gary Mintz, Esq., are recruiters be prepared to aggressively pursue all with Juri S t a f, fInc., the exclusively endorsed legal staffing available avenues that can lead to a cover letter and resume are most often search is keeping track of where your agency of the Philadelphia Bar Association. LaRosa can the first two impressions a prospective resume has been sent and following up be reached at (215)1 75 - 9100, extension 302 or by e-mail new and hopefully better opportunity. at jlarosa @ j u ri s t a.com; f f Mintz can be reached at5) (21 The first thing you should do is devel- employer will have of you. Your on all of them. Again, you do not want 751 - 9100, extension 315 or by e-mail at op a good search strategy. Determine resume and cover letter should be per- to be overly intrusive, but at a mini- g m i n t z @ j u ri s t a f f. c o m . who, what, where, when and how you fect. You may want to consult a profes-

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BAR REPORTER / MAY 2002 9 Women in the Profession Committee Me d i a t i o n Ex p erts Discuss Their Craft by Daniel A. Cirucci and a panel of experts who spoke to desire to get even.” She noted that since The Dispute Resolution Center, defined the Women in the Profession the mediation process is confidential, mediation as “the art of facilitating res- Mediation gives lawyers a sensible Committee on April 18 about the participants do not have to worry olution.” Bock said he terms mediation and economical way to move their advantages of mediation. Lotman, who about the possible added damage of an “art” because it requires very special clients “beyond an adversarial posture planned and moderated the session, having their dispute and/or transgres- people skills. Mediation involves the and ameliorate and resolve issues in a said it has been her experience that sions aired in public. “It gives people a facilitation of a resolution by the par- more comfortable setting.” mediation gives the parties in a dispute sense of privacy and dignity. You’re not ties themselves through a neutral per- That was the word from former “an opportunity to begin to let go of likely to be humiliated,” she explained. Association officer Arline Jolles Lotman hostility and anger and put aside the Panelist Harris T. Bock, director of continued on page 11

2002 SANDRA DAY O’CONNOR AWARD NOMINATION FORM Nominees The Sandra Day O’Connor Award was named in honor of the first woman Justice of the U.S. Supreme Court and is given annually to an outstanding woman attorney in the Philadelphia area. The recipient is expected to exemplify the qualities that Justice O’Connor has demonstrated in her life and work. Therefore, the Award Committee gives preference to Sought for those nominees who have achieved prominence and the highest degree of professional excellence in their field over a sus- tained period and who have openly and visibly used their position and stature in the community to mentor, promote and O’Connor advance other women lawyers. Specific criteria follow:

Award Criteria: • Female attorney with law practice or other professional activities in Philadelphia. Award • Acareer path that demonstrates superior legal talent and ability characterized by unique The Women in the Profession contributions to and significant achievements within the legal community. Committee is seeking nominations for • Advocacy for the advancement and equal treatment of women in the profession, as well the 2002 Sandra Day O’Connor Award. as the community. Deadline for nominations is Friday, • Areputation for mentoring other women in the profession. June 28. The award is conferred annually on a woman attorney who has demon- Return the completed form with all additional materials by Friday, June 28, 2002 to: O’ConnorAward, strated superior legal talent, achieved Women in the Profession Committee, Philadelphia BarAssociation, 1101 Market St., 11th fl., Philadelphia, Pa. significant legal accomplishments and 19107-2911. has furthered the advancement of women in both the profession and the community. Nominee’s Name:______Title: ______This year, the award presentation will be made during the Bar Firm/Organization:______Phone:______Association’s Quarterly Meeting in October. Business Address:______The committee established the award in 1993 to recognize the impor- ______tant contributions that women attor- neys in Philadelphia have made to the Nominator’s Name: Title: ______legal profession. That year, U.S. Supreme Court Firm/Organization: ______Justice Sandra Day O’Connor presented the first award to U.S. District Judge Phone: ______Norma L. Shapiro. The award has since been presented Business Address:______to the late Juanita Kidd Stout, former Justice of the Pennsylvania Supreme ______Court; Deborah R. Willig, first woman 1/ Chancellor of the Philadelphia Bar Please use 8 2-x-11" sheets to answer the following questions. Association; Marina Angel, of the 1. How long have you known the nominee? Temple University Beasley School of 2. What has been your association with the nominee? Law faculty; Third Circuit Court of 3. Describe the nominee’s professional accomplishments. Appeals Judge Dolores K. Sloviter (for- 4. What is the nominee’s most significant accomplishment? mer Chief Judge); U.S. District Court 5. Describe how the nominee has been an advocate and used her position and stature in the community to advance, and Judge Anita B. Brody; Leslie Anne Miller, first woman president of the provide career opportunities for, women lawyers generally. Pennsylvania Bar Association; Lila G. 6. Describe what the nominee has done to mentor, promote and advance other women lawyers. Roomberg of Ballard Spahr Andrews & 7. Describe other activities in which the nominee has engaged that have advanced women inside and outside the legal Ingersoll, LLP; and the late Judge Judith community. J. Jamison. For more information, e-mail com- Nominators must provide answers to questions 1-7. Nominators are encouraged to include additional material on the nom- mittee co-chairs Rochelle M. Fedullo at inee, such as curriculum vitae, press clippings, résumé; however, no more than three letters in support of the nominee will [email protected] or Roberta D. be accepted. Nomination forms may refer to and incorporate information submitted within the past three years for the nom- Pichini at [email protected]. inee. The nominator is also responsible for ensuring submission of current information for the nominee as well.

10 MAY 2002 / BAR REPORTER Family Court Rec e i v es Bunny Book s

Members of the Family Law Section made a donation of 350 bunny bags for children to the Philadelphia Family Court. The gift is the first of several planned donations, sponsored in part by Obermayer Rebmann Max-well & Hippel and Wolf, Block, Schorr and Solis-Cohen LLP. The bags contain crayons, coloring books and a stuffed bunny doll. The books, pro- duced by the American Bar Association’s Commission on Domestic Violence, chronicle a day in the life of Huggy Bunny and discuss emotions like how to handle being frightened and where to get help. The story and its accompa- nying exercises are designed to help children verbalize problems they are having at home. Each bag costs about $4 to produce and the Family Law Section is seeking donations to Margaret Klaw (left), chair of the Family Law Section, and Section member Patricia A. Dubin (right) are joined by Family Court Judges Idee C. Fox continue supplying the bags (second from right) and Myrna P. Field as they presented the bunny bags to Family Court. Samia Chick (front) was one of the children to get a first- to Family Court. hand look at the bunny bags.

MEDIATORS continued from page 10 son who helps the parties reach their own agreement. The process is com- pletely voluntary. No resolution is imposed on the parties. “The mediator intervenes at the request of the parties and likewise may be removed by the parties,” Bock explained. Bock, who has lectured extensively on mediation, stressed that people who enter into mediation “want someone to listen, to understand, to hear their story.” He noted that especially in major tort cases, mediation often can bring the parties to a better understanding of their individual experiences, interests Women in the Profession Committee Co-Chair Rochelle M. Fedullo (right) is joined by panelists (from left) Arline Jolles Lotman, Edward A. and concerns, thus leading to a nar- Pereles, Judith Meyer and Harris T. Bock prior to the Committee’s April meeting. rowing of differences and a resolution of the case. vate commercial claims, said “if the set- Edward A. Pereles, co-chair of the “restorative justice” and also referred to Bock said the process can often be tlement of a dispute is foreseeable at Association’s Alternate Dispute Resol- it as “court plus.” He said because completed in a single day and that any time, then it can probably be ution Committee, said “a good media- mediation is so flexible it gives the “parties generally save money through mediated.” tor helps the parties identify their parties added alternatives. “Mediators reduced legal costs, lower expert fees Meyer explained that the parties goals.” need to know enough to keep the par- and less time expended.” must first consider what they want in a He explained that “many people do ties out of trouble but not so much Mediator Judith Meyer of Judith mediator. “You need someone with a not know what their goals are and that they feel they can begin to impose Meyer Associates distinguished media- basic knowledge of and belief in the they need to know that. They need to a resolution on the parties,” he tion from litigation by noting that “liti- negotiation process,” she noted. “But a focus in on their goals.” Lotman agreed, explained. gation is about position whereas medi- mediator must have many other quali- saying mediators “need to talk this out Bock concurred and said it has been ation is about interests.” Meyer said ties including tremendous patience, with your clients. What is on their his experience that “when people com- “mediation serves the interests of the energy, understanding, perseverance minds? What are the real goals of the plete the mediation process they come parties who enter into it.” Meyer, whose and a knack for creative problem solv- process?” away with a newfound respect for the firm has resolved more than 2,000 pri- ing,” she said. Pereles described mediation as legal system and for lawyers.”

BAR REPORTER / MAY 2002 11 Breakfast of Champions Community Legal Services Honors Volunteers

Thomas E. Zemaitis and Sharon M. Wilson Estelle Richman Catherine C. Carr and Carl ‘Tobey’ Oxholm III

Community Legal Services pre- Trustees Chair Sharon M. Wilson. was presented with the Hall of Fame the Rose Garden at the Park Hyatt sented three awards at its April 24 The Champion Award was given Award. CLS Executive Director Philadelphia at the Bellevue. Breakfast of Champions, including a to Estelle Richman, managing director Catherine C. Carr made the presenta- Created in 1966 by leaders of the new Hall of Fame Award. of the City of Philadelphia. It was pre- tion to Oxholm, former chair of the Philadelphia Bar Association, CLS The Equal Justice Award was pre- sented by CLS attorney Deborah Association’s Delivery of Legal provides free civil legal assistance to sented to Pepper Hamilton LLP. Freedman. Services Committee. low-income Philadelphians. Thomas E. Zemaitis, a partner at Carl “Tobey” Oxholm III, vice pres- Award-winning journalist and For more information, contact CLS Pepper Hamilton, accepted the award, ident and general counsel for MCP author James B. Steele was the at (215) 981-3700 or visit the CLS Web which was presented by CLS Board of Hahnemann and Drexel Universities keynote speaker for the event, held at site at www.clsphila.org. 20th Jewish Law Day to be Celebrated May 15 by Stuart J. Agins

Twenty years ago, a number of lawyers and judges in the Philadelphia community gathered to discuss the possibility of establishing an event rec- ognizing the contribution of Jewish law to the development of American jurisprudence. These lawyers and judges, together with the Board of Rabbis of Greater Philadelphia, estab- lished an annual celebration that has become a tradition that continues to be honored. Through the years, Jewish Law Day has developed into a wonderful event sponsored by Tau Epsilon Rho and enjoyed by all of those who attend. Each year, a guest speaker presents his or her insight into Jewish law and its impact on American jurisprudence. These presentations have been engag- ing, intelligent and often challenging. Jewish Law Day will be held on Members of the Jewish Law Day Committee include (from left) Phillip B. Silverman, Avivah R.Z. Pinski, Sayde J. Ladov, Judge Anne E. Lazarus, Wednesday, May 15 at 5:15 p.m. at the Mitchell H. Klevan, Gerald W. Spivack, Mark N. Cohen and Harold Cramer. Jewish Community Services Building, 2001 Arch St. This year the speaker will Day Committee and provide many on the code of laws, ethics and morals statements expressing a true pleasure be Judge Abraham J. Gafni. Also, in cel- hours of commitment each year to that the Jewish people have compiled in attending the event are heard again ebration of the 200th Anniversary of ensure the success and continuation of over the past 4,000 years and that serve and again. These words are not lip-ser- the Philadelphia Bar Association, the this most important event. In addition, as the cornerstone of modern legal vice. In order to get a true understand- Jewish Chancellors of the Bar will be the ceremony is supported each year theory and practice throughout the ing as to why Jewish Law Day has con- honored. Complimentary valet parking through monetary contributions made world. It is not presumptuous to tinued for 20 years, and will continue will be provided. Also, a reception fol- by many members of our legal com- believe that all of those who attend in the future, one need only attend the lows the ceremony. Jewish Law Day is munity. Such contributions enable the walk away with an increased under- event. open to all at no charge. event to be open to all at no charge. standing of what it means to be a We encourage all of you to attend Jewish Law Day would not be possi- Jewish Law Day has enabled mem- lawyer in our community. Amongst the this year’s ceremony and be part of a ble without the efforts of all of those bers of the legal community and others conversations heard throughout the most important tradition in our legal who actively serve on the Jewish Law to come together and share and reflect reception following the ceremony, community.

12 MAY 2002 / BAR REPORTER Charity Run CBAP Holding Not Too Late Training Session The Consumer Bankruptcy to Register for Assistance Project will hold a Chapter 7 bankruptcy training session for attor- May 19 Event neys on Wednesday, May 22. The training will be held from 1 to 5 The Philadelphia Bar Association’s p.m. at 42 S. 15th St. in the 4th floor annual Charity Run has a new format Conference Room. Reservations are for 2002, adding a 5K walk to allow for required and space is limited. Contact a more family-friendly event. Mary Anne Lucey at (215) 523-9511 for A reduced family rate registration more information. Please reserve your fee for the walk has also been added. place by May 20. The change marks a deviation from the The CBAP provides training in the traditional 10K run and two-mile race. basics of Chapter 7 bankruptcy prac- The event will be held May 19 on West tice. You will be assigned to work on River Drive adjacent to the up to three cases during the year. While Philadelphia Museum of Art. The working on CBAP cases, backup sup- Charity Run benefits the Support port is provided by a supervising attor- Center for Child Advocates and the ney and through an experienced bank- American Diabetes Association. ruptcy practitioner who will serve as a This year’s event will be a 5-kilome- mentor. CBAP provides workspace for ter (3.1-mile) race and a 5-kilometer client interviewing, access to bankrupt- walk. New male-only and female-only cy software and malpractice coverage. team competitions will be held in addition to the mixed-team competi- tion that has been a feature of the race. PUBLIC INTEREST Sponsors of the event include Wawa continued from page 4 Inc., The Legal Intelligencer, JuriStaff Inc., USI Colburn Insurance Service, Veritext of the Public Interest Section. L.L.C., Crystal Springs and Dolfin. Attendees also voted in support of a Also joining to sponsor the races are resolution from the Legal Rights of the following firms: Blank Rome Persons with Disabilities Committee in Comisky & McCauley LLP; Caesar, support of legislation requiring equal Rivise, Bernstein, Cohen & Pokotilow, access to polling places and voting Ltd.; Cozen O’Connor; Fox, Rothschild, machines for disabled voters. O’Brien & Frankel, LLP; Marshall, Marsha Levick, Section vice-chair Dennehey, Warner, Coleman & Goggin; and legal director of the Juvenile Law Montgomery, McCracken, Walker & Center, briefly described upcoming Rhoads, LLP; Neil A. Morris Associates, Section activities. Among the events P.C.,; Pepper Hamilton LLP; Ratner & she discussed were meetings featuring Prestia; Raynes, McCarty, Binder, Ross prominent guest speakers, continuing & Mundy; Semanoff, Ormsby, legal education programs, the annual Greenberg & Torchia, LLC; Wolf, Block, Higginbotham Lecture to be presented Schorr and Solis-Cohen LLP; and at the Bar’s June Quarterly Luncheon, Woodcock Washburn LLP. the Annual Public Interest Dinner, the The 5K run entry fee is $20 for race presentation of the Andrew Hamilton registrations postmarked by midnight Award and the inuagural Public May 13 and mailed to the Charity Run Interest Spring Fling. The Spring Fling Committee, Caesar, Rivise, Bernstein, is scheduled for June 6 and will be co- Cohen & Pokotilow, Ltd., 1635 Market hosted by the Young Lawyers Division. St., 12th floor, Philadelphia 19103. A To learn more about the Section, its late entry fee of $25 will be charged for activities and membership, are invited applications postmarked May 14 to attend the many events planned through 16. Registration on race day during 2002 or to contact Cathy Miller- will remain $30. The individual entry fee for the 5K deadline for team registrations is May Wilson, public interest coordinator of There will again be a Bar Associa- walk is $15. Families can register for the 11. the Philadelphia Bar Association, (215) tion competition. The cost will be $40 walk for $50. For more information, call Eric 238-6355. for Bar members if registration is post- Team competition applications may Marzluf at (215) 567-2010 or Tom Bell at marked by May 14, $50 if postmarked be obtained from Michael J. Berkowitz (215) 887-2050. Julia H. Hoke is associate director of Pennsylvanians for M o d en r Courts and Treasurer of the Public Interest May 14-16 and $60 if paid on race day. at Caesar Rivise at (215) 567-2010. The S e c t i o. n

The Philadelphia Bar Reporterwel- the Bar ReporterEditorial Board. Articles and/or requests for publi- comes law-related submissions for Printed articles should be typed cation may be mailed, faxed or e- Send Us publication. Articles relating to a spe- double-spaced. Editors request that mailed and should be directed to: Jeff cific practice area, commentary, book those submitting electronically note Lyons, Managing Editor, Philadelphia Your News, reviews, and letters to the editors are which word processing program and Bar Reporter, Philadelphia Bar welcome. Letters must be signed to version was used to create the file or Association, 1101 Market St., 11th Views, Photos verify authorship, but names will be e-mail attachment. Editors reserve the floor, Philadelphia, Pa. 19107-2911. withheld upon request. All submis- right to condense for clarity, style and Phone: (215) 238-6345. Fax: (215) 238- sions will be promptly considered by space considerations. 1267. E-mail: [email protected].

BAR REPORTER / MAY 2002 13 Municipal Court Committee Judge McCaffery Offers Views on Court by Jon C. Sirlin testimony (hearsay) as to “ownership and permission.” He noted that the pre- Seamus P. McCaffery, the outspoken liminary hearing is not necessary for and charismatic administrative judge due process (federal court does not of Philadelphia Municipal Court, spoke have preliminary hearings) and that, openly and extensively on civil, crimi- therefore, the affidavit is sufficient for nal, administrative and political mat- this limited purpose. Some comments ters at the April 5 meeting of the from the bar were not in agreement – Municipal Court Committee. saying that people are sometimes kept Judge McCaffery addressed the in jail for long periods based on a accomplishments of the court before questionable affidavit, especially when his appointment, his commitment to the complainant may not even be the court and to his fellow judges, available to testify. while still openly admitting that the He said landlord-tenant appeals will court needs improvement and making be taken back by specially appointed suggestions as to how to aggressively Municipal Court judges sitting as address some of these concerns. Common Pleas Court judges after a Judge McCaffery said he tried to brief period, during which time consolidate criminal preliminary hear- Common Pleas Court had assumed the ings at the Criminal Justice Center to cases. Budgetary reasons are still affect- increase efficiency, cut costs and reduce ing the opening of courtrooms and scheduling problems. Unfortunately, assignment of judges. one problem this created was the over- Judge McCaffery said appeals from crowding of the Criminal Justice Center. statements of claim had recently been He suggested the court find additional routed to Common Pleas Arbitration courtrooms in another location, or to for another “trial” that allows for de Judge Seamus P. McCaffery expand the use of the Community novoappeal. Members of the Municipal Court. Comments from meeting atten- Court Committee, as well as several for this problem and willingness to “its customers.” He has encouraged the dees seemed most favorable to this other Bar Association committees, have attempt to return to the former prac- assembly of a reasonable “wish list” centralized process. said that this new system is extremely tice. from practitioners. Judge McCaffery also discussed the wasteful and causes delay without Judge McCaffery voluntarily asked use of affidavits of complainants at benefit to the court, counsel or parties. for suggestions from the Bar as to how Jon C. Sirlin, a partner at Sirlin, GalloglyL e s & s e, rP.C., is c o -hair c of the Municipal Court Committee. preliminary hearings in place of live The judge indicated his appreciation the court could improve its service to

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14 MAY 2002 / BAR REPORTER An Insecure Feeling About Increased Sec u r i t y by Bruce H. Bikin we will all be a little safer if the gov- government is not so benevolent. As ernment knows where you are going Ben Franklin said, “Those who would I recently flew to Phoenix. This is and why. Each time you travel you give up their essential liberty to pur- notable only because it is the first time C O M M E N T A R Y need to show your national identifica- chase a little temporary safety, deserve I have traveled by air since Sept. 11. tion in order to board an airplane. neither liberty nor safety.” What made the trip remarkable were Then, in order to get a better handle So what is my point with all this? the differences I saw in what air travel- on just who it is that is getting on My point is that I foresee lawyers being ers would accept in delays and how board our airplanes, they say you have more important in the coming years in much more patient everyone seemed to get government approval before you the protection of our personal rights with airline delays and security checks leave on your trip. Searches of bags and liberties than ever before. First in particular. and people become routine and Amendment, Fourth Amendment and Ordinarily I am all in favor of expected. It just makes us all safer, they Fifth Amendment rights cannot be per- patience. I think we are all happier, tell us. mitted to shrivel in the face of terror- healthier and generally better off when This isn’t all that far from where we ism in this country. We must find ways we just plain relax. The idea that we bags. It concerns me when I see people are right now, and it concerns me that to protect those rights while still ensur- are all in this together makes stress routinely patted down, asked to this is the direction of the path on ing we are all safe and sound whether levels lower and air travel more sane remove shoes and loosen belts without which we find ourselves. we are abroad in the land or curled and enjoyable. Who needs an ulcer so much as a “you have to be kidding” As I said, I understand and applaud before the home fires. We must be when you go on vacation? Or when from the detainee. It concerns me the call for increased security in these willing to stand up and protect our you travel for business? when I hear talk about national photo times. And I do not claim to know how freedoms, much as Andrew Hamilton That being said, I have to say I am a identification cards. to sort out what precautions are did when he defended John Peter little worried about where this country This concerns me, not because I enough from what precautions are too Zenger from the charge of sedition and is headed right now. I understand the object to the increased security from much. What I do know is that we libel in New York so many years ago. need to have security, and maybe we potential hijackers, but because I fear should each consider carefully how Those freedoms were hard won. We have been more than a little naïve that if we become too accepting of much personal freedom we are willing should not let them be easily lost. We, about just how secure our borders are these security measures that protect us to surrender in order to be secure. If it the legal profession, are the inheritors in this insecure world. Still, it concerns from terrorists, we may some day find comes too easy, if we are too anxious of this charge. me when I see soldiers and state troop- these measures used against us. to let ourselves be protected by a benevolent government, we should Bruce H. Bikin, a partner at Montgomery, McCrack e n , ers stationed behind the metal detec- Imagine, if you will, a government Walker & Rhoads LLP, is editor-in-chief of the tors that routinely inspect our carry-on in power in Washington that believes think about what happens when our Philadelphia Bar Reporter.

middle-class families and businesses. $27.66 in the fifth year. Not quite a ban- trying to find that $10 for her child The most hypocritical voices in the ner headline story. care. melee were the newly minted allies of The Cohen bill would have cut L E T T E R S the poor, like the Chamber of these moms’ $728 a year wage tax by Jonathan M. Stein Commerce, and policy polemicists who $485, a 66 percent cut. One such mom General Counsel Wage Tax Sense and Nonsense correctly cited the regressive tax effects and former homeless shelter resident, Community Legal Services on the working poor, and then quickly Michelle, was described in testimony (The following letter first appeared in the Aprilforgot about them to urge across-the- by the People’s Emergency Center, as Move Embassy to Jerusalem 22, 2002, edition of the Philadelphia Daily board wage-tax cutting. awakening at 3:45 a.m. to get to her News and is reprinted with permission.) Councilman David Cohen’s bill food-court cleaning job at the airport, To the Editor: would have established for the first dropping her two children off at day- It is the normal protocol and comity To the Editor: time an element of progressivity by care at 5:45 a.m. When Michelle was among countries to locate their The beginning of a beautiful spring exempting from most of the tax lower- faced with a $10-a-week increase in embassies in the capital of that coun- has been jarred by the wage tax cut- income workers along the lines of her child-care co-pay, she panicked try, such as London, Paris, et al. ters. Virtually every page of the existing state income-tax exemptions. because, living on the brink of sur- However, our embassy in Israel is Philadelphia Daily News, except for sports, The final measure forgot the poor vival, she did not have this money. located in Tel Aviv, not the capital, has carried the message. by spreading the tax relief to more Other testimony, also given to an Jerusalem. And now, following last month’s well-to-do surburbanites and those almost empty chamber, was from the For political reasons, most states City Council vote to restore the mar- with comfortable incomes who would highly regarded Center for Budget refuse to recognize Israel’s capital. ginal wage tax cuts, costing $30 million more likely spend the extra bucks in Policies and Priorities. It convincingly Israel is a sovereign state, a member of a year, we have what all cheer as an Cancun, Atlantic City or a mutual fund. demonstrated through a comprehen- the United Nations and an ally and important symbolic measure. These people already have a 28-35 per- sive look at cities across America that a friend to the United States. Congress The problem is that low-income cent cut on their wage tax through a city’s decision to cut wage taxes was has resolved that our embassy be and working class families need ser- federal income-tax deduction, which not going to significantly improve the moved to Jerusalem and President vices - not symbolism. I always the working poor don’t get because chances of attracting jobs or residents. Bush requested a six-month extension. thought symbolism was the province they don’t itemize. Most cities that lost population or The issue of peace between Israel of poets and painters. Concentrated on the working poor jobs had no or little wage tax and little and the Palestinians is solely to be It’s a gratuitous luxury for govern- people, a cut would be quickly spent at tax differential between the city and negotiated by the two entities, without ment to invest $30 million a year in a local grocery or clothing store, suburbs. Heretical but true. Yet no one pressure from third parties, except for symbolism, especially when $5 million maybe even on a PGW or water-bill was listening. ending the terrorism and violence, is needed now to clean up the 1,400 arrearage. An equitable wage tax is So before the bandwagon is which makes peace impossible. backlogged homes of children who are better for local business. brought out again, let’s remember this: Moving our embassy is a signal that suffering brain damage from lead poi- Our two major dailies have repeat- The economic theory under which we recognize Israel’s right to name its soning; when a piece of that money edly reported that the $50,000 bread- the tax-cutters are operating is capital and its sovereignty. Most could ensure that poor kids could winner will get an additional $94 in the unproven; there are public invest- Islamic nations refuse to recognize avoid high SEPTA fares, a barrier to get fifth year. They have never reported ments, especially in education, that Israel. to school each day; and if invested in that the average welfare-to-work single have been shown to be pivotal for our public schools, could be the undis- mom earning $7 an hour at a below- business location and population Henry Lotto puted best investment toward retaining poverty income of $14,560 a year, reaps retention, and Michelle is still out there

BAR REPORTER / MAY 2002 15 The Science of a Less-Tha n - R eliable Study by Marc Reuben whole affair, depending on your per- Institute for Research and Evaluation at spective, is that some of the minorities the state’s behest showed that minority Surely, with the Academy Awards stopped are even shot, or otherwise drivers at the southern end of the New now behind us, the idea that an ARTS & MEDIA inconvenienced. Jersey Turnpike have been clocked dri- immortal performance goes unreward- At this point in the article, a writer ving faster than their lighter brethren. ed, because it takes place so early on might be moved to comment sympa- And this is the authentic truth, cross- the Oscar calendar, is troublesome to thetically that the number of smoke- our-hearts-and-hope-to-die, says the art lovers. The greatest of comedies, spewing junkers wheezing down the “committee.” According to news reports, superior to even Shakespeare (and pike might actually be driven by a dis- a radar device was set up in the south- even Neil Simon) has been performed proportionate number of minorities, ern part of the state, and speeding cars right here in the Delaware Valley, and but for the fact that the police do not were clocked and photographed as for all the world to see. seem to distinguish between junkers they went speeding past the device. A The state of New Jersey has been and other vehicles. If caught driving a committee of three persons later exam- plagued with accusations of racial pro- Mercedes, it is because the minority is ined the photo, to determine if the dri- filing among its state police. This is a suspected of drug dealing. You can’t ver of the speeding car was a minority serious thing, and a source of embar- win. or not. rassment to the local constabulary, size. For those of you who have been Just when you thought it was safe Civil libertarians are correct to dis- who are supposed to enforce the law asleep for the past 50 years, the con- to drive while Afro-Hisp, the “commit- pute the reliability of such as study. evenly. Even when they abuse their cept of profiling comes as the result of tee” has produced a report proving Reviewing a photo of a speeding car is badges, it is hoped that they will serve police stopping about 50 minority dri- that minorities drive faster than others. hardly an accurate way to determine the public without regard for race, vers for every non-minority who does Only in New Jersey. continued on page 17 creed, religion, national origin or shoe the same thing. The culmination of the A study conducted by the Pacific

Workers’ Compensation Section Executive Committee – meeting, 10:30 a.m., 11th floor Committee Room. Workers’ Compensation Section – meeting, noon, 11th floor Conference Center. Lunch: $7. Federal Courts Committee – meeting, 12:30 p.m., 10th floor Board Room. Lunch: $7. CALENDAR OF EVENTS Professional Responsibility Committee – meeting, 4 p.m., 10th floor Board Room. LegalLine – 5 p.m., 11th floor LRIS offices. Thursday, May 16 Note: While the following listings have been verified prior to press time, any scheduled event Women in the Profession Committee – meeting, noon, 10th floor Board Room. Lunch: $7. may be subject to change by the committee or section chairs. Legislative Liaison Committee – meeting, 12:30 p.m., 11th floor Conference Center. Lunch: Thursday, May 2 $7. Alternative Dispute Resolution Committee – meeting, 12:15 p.m., 10th floor Board Room. Friday, May 17 Lunch: $8.50. Social Security and Disability Benefits Committee – meeting, noon, 11th floor Conference Civil Rights Committee – meeting, 12:15 p.m., 11th floor Committee Room. Center. Lunch: $7. Environmental Law Committee – meeting, 12:30 p.m., 11th floor Conference Center. Lunch: $7. Monday, May 20 Philadelphia Bar Reporter Editorial Board – meeting, 12:30 p.m., 10th floor Cabinet Room. Business Law Section Executive Committee – meeting, noon, 10th floor Board Room. Monday, May 6 Tuesday, May 21 Public Interest Executive Committee – meeting, noon, 10th floor Board Room. Board of Governors Cabinet – meeting, noon, 10th floor Board Room. Commercial Lease Committee – meeting, noon, 11th floor Committee Room. Lunch: $7. Tuesday, May 7 Delivery of Legal Services Committee – meeting, 8:30 a.m., 10th floor Board Room. Wednesday, May 22 Young Lawyers Division Executive Committee – meeting, noon, 10th floor Board Room. Philadelphia Bar Foundation Board of Trustees – meeting, noon, 10th floor Board Room. Wednesday, May 8 Thursday, May 23 Criminal Justice Section Executive Committee – meeting, noon, 10th floor Board Room. State Civil Committee – meeting, noon, 11th floor Conference Center. Lunch: $7. Appellate Courts Committee – meeting, noon, 11th floor Committee Room. Lunch: $7. Labor and Employment Law Committee – meeting, noon, 10th floor Board Room. Lunch: $7. Persons With Disabilities Committee – meeting, 12:30 p.m., 10th floor Cabinet Room. Monday, May 27 Medical-Legal Committee – meeting, 4 p.m., 10th floor Board Room. Memorial Day – Bar Association offices closed. Thursday, May 9 Tuesday, May 28 Elder Law Committee – meeting, noon, 10th floor Cabinet Room. Criminal Justice Section – meeting, noon, 11th floor Conference Center. Lunch: $7. Committee on Legal Rights of Lesbians and Gay Men – meeting, 12:30 p.m., 11th floor Minorities in the Profession Committee – meeting, noon, 10th floor Board Room. Lunch: $7. Committee Room. Compulsory Arbitration Committee – meeting, 11th floor Committee Room. Lunch: $7. Friday, May 10 Young Lawyers Division Cabinet – meeting, noon, 10th floor Cabinet Room. Philadelphia Lawyer magazine Editorial Board – 12:30 p.m., 11th floor Committee Room. Wednesday, May 29 Monday, May 13 Women’s Rights Committee – meeting, 12:15 p.m., 10th floor Board Room. Securities Regulation Committee – meeting, noon, 11th floor Conference Center. Lunch: Thursday, May 30 $8.50. Lawyer Referral and Information Service Committee – meeting, noon, 11th floor Committee Nominating Committee – meeting, noon, 10th floor Board Room. Room. Business Law Section Pro Bono Committee – meeting, 4:30 p.m., 10th floor Board Room. Board of Governors – meeting, 4 p.m., 10th floor Board Room. Tuesday, May 14 Domestic Violence Committee – meeting, 4 p.m., 10th floor Cabinet Room. Law School Outreach – 8:30 a.m., 10th floor Cabinet Room. Diversity Committee – meeting, 12:30 p.m., 11th floor Committee Room. Unless otherwise specified,h all e ksc c for luncheons and programs should be made payable to the Philadelphia Bar Wednesday, May 15 Association and mailed to Bar Headquarters,1 01 Market 1 St., 11th fl., Philadelphia, Pa.1 0197- 2 911. Send Bar Section Chairs Meeting with Chancellor – 8:30 a.m., 10th floor Board Room. Association-related calendar items 30 days in advance to Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Association, 11 01 Market St., Philadelphia, Pa.1 0197- 2 911. Fax: (215) 23 8 - 12 67. E-mail:r e p o r t e r @ p h i l a ba r. o r g .

16 MAY 2002 / BAR REPORTER ARTS & MEDIA A really good artist might even be Yahoo is behind the wheel. But that car both scientific and legal perspectives able to get hair and body characteris- won’t be stopped, since to do so would about this newest outrage. But the continued from page 16 tics, so that if the artist put straight be to violate the Second Amendment - obvious answers to this latest idiocy the physiological characteristics of the lines at a 45-degree angle to represent thc most sacred of our freedoms. can be raised by those more qualified driver of that vehicle. the eyes, we would know that the dri- An even better idea for such a sci- than the average citizen. This is a non- A better idea would have been to ver was Asian. entific study would be to put the radar sensical attempt by a small group of have a sketch artist draw a quick pic- If the artist drew a dog with a device in inner-city Camden, to prove enforcement officers to justify their ture of the speeding vehicle, and bouncing head, we might be inclined beyond a reasonable doubt that only failure to evenly enforce the law of the depending on what color the artist to declare the driver Mexican. If the car minorities drive fast. (The group that road. used for the driver, the state police was a Cadillac, a Jew is likely the dri- produced this report wasn’t headed by ver, and if the vehicle is a pickup with a fellow named Goebbles, was it?) Marc Reuben is a sole practitioner who has ibeen t i n g wr could have made their determination a bout the arts and media since 1973. He is an advisory of racial characteristics. rifles hanging over the side, then some There is a lot that can be said from editor to the Philadelphia Bar Reporter.

Criminal Justice Section

William F. Ward Parole Chief Discusses Sentencing

Pennsylvania Board of Probation and Parole Chairman William F. Ward told the Criminal Justice Section at its March 26 meeting it is a myth that inmates were only serving 85 percent of their sentences. He said state prison- ers must serve 100 percent of their minimum sentence before being con- sidered for parole. Ward made it clear that with prison- ers serving their full minimum sen- tences, the state automatically qualifies for federal grants. Ward said that while the Parole Board considers many factors in decid- ing whether to parole an inmate or not, it gives “great deference” to the sen- tencing judge’s recommendation at the time of sentence. Ward said counsel should ask the court of its position on parole at the expiration of the minimum (assuming all other conditions of sentencing and parole are met plus a good adjustment) and have the court state its position for the record. – Daniel-Paul Alva

BAR REPORTER / MAY 2002 17 BOARD The Board also heard a report from Judge Fitzgerald said the relaxation The Board also named Stella M. Tsai Common Pleas Court Administrative of hearsay rules will add 3,000 cases to and Jason A. Leckerman to the board continued from page 3 Judge James J. Fitzgerald III, who dis- the city’s docket this year, an increase of Philadelphia Legal Assistance. cussed plans for improvements in City of 18 percent from last year. To help The Board also honored three for- rooms for workers’ compensation mat- Hall courtrooms, technological changes handle the increase, 42 criminal court- mer Chancellors – Clifford E. Haines, ters to a safe and secure location. and the daunting task of the court rooms will be in operation by July 1, Robert C. Heim and Abraham C. Reich The Board also unanimously dealing with increased caseloads. and two judges from the civil division – for their efforts in helping the approved a resolution supporting leg- He said Philadelphia jurors will will be reassigned to help handle the Association celebrate its bicentennial islative and administrative changes soon be able to access an automated caseload. this year. Each was presented with a necessary to ensure that voting proce- call-in system where they will be able He said the electronic monitoring Century 3 banner, indentical to those dures in Pennsylvania are accessible to to check if they are needed for jury house arrest program will be expanded hung along Market and Broad streets all persons with disabilities. The reso- duty the night before they are sup- but was quick to add that it is not the earlier this year to mark the bicenten- lution, sponsored by the Legal Rights posed to report. answer to prison overcrowding. nial. of Persons with Disabilities Committee, also calls for equal access to polling places and voting machines for all vot- ers with disabilities, including voters who are blind or visually impaired. In other business, the Board unani- mously approved a resolution regard- ing securities regulation in Pennsylva- nia. The resolution, according to Business Law Section Chair John B. Wright II, makes it more attractive for businesses to do business in Pennsylvania. “It’s a small but important step to make this region better,” said Wright. “We don’t need to give businesses any more reasons not to come to Pennsylvania.” The resolution calls for the state Securities Commission to adopt a poli- cy in line with federal Securities and Exchange Commission policy regarding the determination of a person’s liability for insider training. In other business, the Board also approved, with just one vote against, a resolution supporting state legislation clarifying existing child custody law. Natalie DeGenaro, co-chair of the Family Law Section’s Custody Committee, said the resolution was meant to be used as a blueprint for custody litigation. “It addresses specific problems like relocation,” DeGenaro told the Board.

RETREAT continued from page 1

“We want to work with the city’s policy makers. We want to help reduce the flight from the city and bring peo- ple back into Philadelphia,” Lindy said. The meeting is open to members and officers of the Board of Governors, Section chairs, standing Committee chairs, the chairs of the committees within sections, presidents of the minority bar associations as well as presidents of neighboring county bar associations. At the meeting, Lindy said the Section chairs will report and “let us know what they’ve been up to for the first six months of the year.” The meeting will be held at 8:15 a.m. in the 11th floor Conference Center of Bar Association headquarters, 1101 Market St.

18 MAY 2002 / BAR REPORTER Samuel J. Arena , chair of the Fidelity and Surety Practice Group at Stradley Ronon Stevens & Young, LLP, present- Chancellor on the Air P E O P L E ed “The Manifest Intent Handbook: Fidelity Coverage Issues and How to Judge Myrna P. Field , administrative Investigate and Handle Them” at the judge of Philadelphia Family Court, has American Bar Association Tort and been appointed to a three-year term Insurance Section in January. on the Domestic Relations Procedural Rules Committee by the Pennsylvania Henry J. Sommer , of counsel at Supreme Court. Miller, Frank & Miller, has been appointed editor-in-chief of the Collier David H. Marion , chairman of line of bankruptcy treatises and hand- Montgomery, McCracken, Walker & books. Rhoads, LLP, has been appointed to the advisory board of the Sedona Joseph S. Ziccardi Conference, a nonprofit research and has been reap- educational institute dedicated to the pointed as civilian serious study of law and policy in aide to the antitrust law, complex litigation and Secretary of the intellectual property rights. Army for the State of Pennsylvania Deborah R. Willig , managing partner (East). of Willig, Williams & Davidson and WXTU-FM’s Lora Lewis interviews Chancellor Allan H. Gordon on April 15. The inter - view aired on WXTU (92.5) and on WPTP-FM (96.5) late last month. former Chancellor of the Philadelphia Manny D. Pokotilow , managing Bar Association, received a certificate shareholder of Caesar, Rivise, of honor at the annual Founder’s Day Bernstein, Cohen & Pokotilow, Ltd., Law Review celebration on April 4. Marvin Garfinkel, counsel with Celebration of Temple University on was a guest speaker at the National Singley has been a tenured professor Wolf, Block, Schorr and Solis-Cohen April 13. Business Education Association Annual of law at Temple since 1976 and served LLP, taught a course titled “Real World Convention held in Philadelphia on as dean from 1983 to 1987. Document Drafting: Form, Style and Harold Cramer , retired partner resi- March 29. Pokotilow spoke to a group Substance” on April 23 and April 30 at dent at Schnader Harrison Segal & of educators about recent develop- Kenneth E. Aaron , a partner at Weir the ALI-ABA Conference Center in Lewis LLP and former Chancellor of ments in copyright law, electronic pub- & Partners LLP, has been reappointed Philadelphia. the Philadelphia Bar Association, has lishing and copyright issues arising to a three-year term on the Lower been re-elected as president of the from the Internet. Merion Zoning Hearing Board. John A. Nixon , a partner at Blank Theodore F. Jenkins Memorial Library. Rome Comisky & McCauley LLP, was a Ned Hark , a member of the Law Firm Barry H. Genkin , a partner at Blank faculty member at the ALI-ABA Course Charisse R. Lillie , a partner with of Howard M. Goldsmith, P.C., recently Rome Comisky & McCauley LLP, has of Study – Fundamentals in Employee Ballard Spahr Andrews & Ingersoll, appeared on CN8’s “Real World” pro- been appointed to the Board of Benefits Law in Coral Gables, Fla., from LLP, chaired the American Bar gram discussing issues surrounding Trustees of the Walnut Street Theatre. Feb. 28 to March 2. Association Commission on Racial and divorce. Ethnic Diversity in the Profession Jeanne P. Wrobleski , principal in the Thomas A. Brophy , a member of the “Mega Meeting” April 11-12 in San Jane E. Lessner , a partner with Fox, law firm of Jeanne Wrobleski & executive committee at Marshall, Francisco. Rothschild, O’Brien & Frankel, LLP, has Associates, LLC, has been appointed to Dennehey, Warner, Coleman & Goggin, been appointed to the Board of the Board of Trustees of the participated in the Pennsylvania Trial Niki T. Ingram , a shareholder with Directors of the Senior Citizen Judicare Philadelphia Prisons System. She was Lawyers Association seminar “Direct Marshall, Dennehey, Warner, Coleman Project. also selected to serve as secretary of and Cross Examination” on April 30 in & Goggin, presented a “Workers’ the Board. Philadelphia. Compensation Update” at the Defense Theodore A. Research Institute’s Personal Injury Schwartz , a part- Scott J. Fields and Thorley C. Mills Warren Vogel , a shareholder with Potpourri seminar on April 2 at the ner in the Law Jr. , partners at Obermayer Rebmann Silverman Bernheim & Vogel, was a Pennsylvania Convention Center. Offices of M. Mark Maxwell & Hippel LLP, presented a speaker at the Chief Resident Mendel Ltd., has continuing legal education program Education for Success Training pro- Michele R. Punturi , a shareholder been named the sponsored by the Bisel CLE Institute, gram presented by the Office of Health with Marshall, Dennehey, Warner, 2002 Milton D. “Intellectual Property Basics for the Policy and Clinical Outcomes of Coleman & Goggin, presented “The Rosenberg Award General Practitioner and Non- Thomas Jefferson University on April 5. Litigation Process” at the Pennsylvania winner by the Specialists,” April 23 in Philadelphia. Vogel, as part of a panel addressing Self-Insurers Association 2002 A to Z Pennsylvania Trial Lawyers “Residency to Reality,” spoke on the Workers’ Compensation Administrative Association. The award, given to a James J. topic of employment contracts in a & Management Training Course in lawyer whose devotion to injured vic- DeMarco Jr. , co- medical practice. Hershey, Pa., on April 11 and 12. tims, qualities of leadership and service partner of DeMarco to the organization best represent the and DeMarco, P.C., Lee A. Rosengard , a partner at life of the late leader of PaTLA, will be has been appointed Names Are News Stradley Ronon Stevens & Young, LLP, presented at a dinner on July 13. Ward Counsel of “People” highlights news of was a speaker at the Pennsylvania Bar the 36th Ward by members’ awards, honors or Institute’s CLE program on mediation Lawrence Finkelstein , a partner at Philadelphia City appointments of a civic or com- in the Commerce Court on March 18. Blank Rome Comisky & McCauley LLP, Council President munity nature. Information may has been elected to the Board of Anna C. Verna. be sent to Jeff Lyons, Managing Jeffrey L. Dashevsky , of Dashevsky, Trustees of the Woodmere Art Editor, Philadelphia Bar Reporter, Horwitz, DiSandro, Kuhn, Dempsey Museum. Joseph S. Finkelstein , a partner with Philadelphia Bar Association, 1101 and Novello, P.C., was a featured Wolf, Block, Schorr and Solis-Cohen Market St., 11th floor, Philadelphia, speaker at the Philadelphia Trial Carl E. Singley , a partner at Blank LLP, served as the panel moderator at Pa. 19107-2911. Fax: (215) 238-1267. Lawyers Association CLE seminar on Rome Comisky & McCauley LLP, was The Delaware Valley Real Estate E-mail: [email protected]. UM/UIM arbitrations on March 21. honored at Temple University Beasley Investor’s Panel on April 18 in West Photos are also welcome. School of Law’s 75th anniversary of the Conshohocken.

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