July 2013 JUNE QUARTERLY MEETING World Bar O’Connor: Get Politics out of Judiciary Leaders Coming to Phila

The Monthly Newspaper of the Philadelphia Bar Association Vol. 42, No. 7 July 2013 JUNE QUARTERLY MEETING World Bar O’Connor: Get Politics Out of Judiciary Leaders Coming to Phila. in ‘14

I By Jeff Lyons

T W C B L C- ference, a gathering of the world’s largest city bar associations, will be held in Phila- delphia in 2014, following a vote at this year’s conference in Frankfurt, Germany. Chancellor Kathleen D. Wilkinson, Chancellor-Elect William P. Fedullo, Vice Chancellor Albert S. Dandridge III and former Chancellor Scott F. Cooper attended the Frankfurt conference. 0e conference is a bi-annual gathering

Photo by Jeff Lyons Jeff by Photo of the leadership of big-city bar associa- Pennsylvania Superior Court Judge Anne E. Lazarus (from left), joins U.S. Supreme Court Justice Sandra Day O’Connor tions to share experiences of current busi- (Ret.), U.S. Court of Appeals Judge Marjorie O. Rendell and Chancellor Kathleen D. Wilkinson at the June 12 Quarterly Meeting. Justice O’Connor spoke to Association members and Judge Rendell delivered the Judge A. Leon Higginbotham ness trends and issues affecting the legal Jr. Memorial Public Interest Lecture. Judge Lazarus was presented with the Sandra Day O’Connor Award. profession or the court system in urban areas. About half of the agenda focuses I By Heather J. Austin O’Connor expressed her concern that judicial bias that is created when a judge on international commercial issues and the idea of having one’s day in court and fails to recuse himself and rules on a case commercial regulation of lawyers. 0e “C    the merits of one’s case being decided involving one of his financial donors. Ac- other half focuses on social justice and the politicians has almost destroyed the without passion or prejudice is being cording to Justice O’Connor, we have no delivery of legal services. traditional respect for the bench.” 0ese eroded by threats to judicial indepen- way of knowing if the donation actually “It was an amazing experience meet- words were spoken by Roscoe Pound dence, namely the need to raise money affected the judge’s decision in that case, ing with bar leaders from major bar more than 100 years ago and echoed to compete in partisan judicial elections. but it gives the public a strong reason associations from around the world,” said by retired U.S. Supreme Court Justice 0e cost of a judicial election is steadily to have doubts. 0e mere appearance Chancellor Kathleen D. Wilkinson. “We Sandra Day O’Connor during the June rising, and while many states did not of impropriety undercuts the public’s are very excited to have been chosen as 12 Quarterly Meeting. Justice O’Connor reach the $1 million mark until the year confidence. Rightly or wrongly, there is a the host city for the next World City Bar attended the meeting to commemorate 2000, Pennsylvania reached it in 1989. perception that judges are accountable to Leaders Conference in 2014. 0is is a the 20th anniversary of the Philadelphia Citing the recent Supreme Court case, money and partisan politics, not just the wonderful opportunity to showcase the Bar Association award that bears her Caperton v. A.T. Massey Coal Co., Justice law. And, because 70 percent of the pub- city, as well as share ideas and best practices name. O’Connor discussed the serious risk of continued on page 20 continued on page 15 Save $80 - Register Now for Bench-Bar In This Issue

I By Jeff Lyons tunity to earn continuing legal education tion at Revel’s HQ nightclub. Prices for 4 Federal Bench-Bar credits while networking with colleagues the 2013 Bench-Bar & Annual Con- 6 Mediation Tips R      and members of the bench. Hundreds ference are being kept at 2012 levels. 2013 Bench-Bar & Annual Conference of attorneys and judges are expected to Full-conference tuition for Bar Associa- 7 ACE Event at Revel in Atlantic City, N.J. on Friday attend. tion members who register by Sept. 13 is and Saturday, Oct. 4-5, 2013. Associa- A new addition to this year’s confer- $369. For members of the Young Lawyers 8 Diverse Leaders tion members who register before Friday, ence will be a Law Practice Management Division, public interest attorneys and Sept. 13 can save $80. track among the 22 CLE seminars that government attorneys, full-conference tu- 10 Closing New Client 0e Bench-Bar & Annual Confer- will be offered. Another highlight of the ition is $219. For non-members, tuition 16 Golf & Tennis Classic ence provides attendees with the oppor- weekend will be the Friday night recep- continued on page 3 2 Philadelphia Bar Reporter July 2013 philadelphiabar.org Frontline New Education Law Committee Editor-in-Chief Heather J. Austin, Esq. Associate Editors to Examine Access, Development Ria C. Momblanco, Esq. Regina Parker, Esq. I    0ird Circuit Court of Thomas L. Bryan, Esq. By Kathleen Wilkinson Edward P. Kelly, Esq. on June 19, Gov. Tom Appeals Judge Marjorie Many lawyers, judges Julia Swain, Esq. Corbett signaled that he O. Rendell said it well and other leaders of Angie Halim, Esq. is serious about working when she addressed our Mary-Kate Breslin, Esq. with the state legislature, members at last month’s our legal community Benjamin F. Johns, Esq. Annie Kelley, Esq. city government and June Quarterly Meeting. are products of Phila- Philadelphia School Dis- “Educating our Contributing Editor trict to solve the continu- children is not someone delphia’s public school Richard Max Bockol, Esq. ing financial problem of else’s job,” she said. “It is system. They’ll tell you Advisory Editor the district for the long our job to ensure that the Molly Peckman, Esq. term. We commend the society our children and that they’re proud of governor on his position grandchildren enjoy is Associate Executive Director, the role their public because such coopera- one that reflects America’s Communications Mark Tarasiewicz tion is critical, as no budget issue is more promise. Make this your job.” education played in pressing. Many lawyers, judges and other leaders helping them on the Senior Managing Editor, When Superintendent Dr. William of our legal community are products Publications R. Hite Jr. announced that nearly 3,800 of Philadelphia’s public school system. path to success. Jeff Lyons school district employees would lose their 0ey’ll tell you that they’re proud of the Executive Director jobs because of the district’s financial role their public education played in help- Law Committee. Kenneth Shear crisis, the word “doomsday” became more ing them on the path to success. 0e new committee, co-chaired by than just a metaphor for a catastrophic We need our schools to continue to Richards and Mary Gay Scanlon of Bal- The Philadelphia Bar Reporter (ISSN 1098- budget. nurture today’s students because they lard Spahr LLP, will provide a forum to 5352) is published monthly and available by It heralded an unacceptable scenario are the promise for our future – the next examine important initiatives affecting subscription for $45 per year by the Philadel- for tens of thousands of students left generation of city professionals and civic education, recent developments in the phia Bar Association, 1101 Market St., 11th !oor, Philadelphia, PA 19107-2911. Periodicals without teachers, programs and services leaders. 0ere must be an ongoing pipe- law and the Bar’s role in this area. Our postage paid at Philadelphia, PA POSTMASTER: essential to an effective learning environ- line of educated young people to accept Association has not had an Education Send address changes to Philadelphia Bar Re- porter, c/o Philadelphia Bar Association, 1101 ment. the jobs that will continue to move our Law Committee in many years, and there Market St., 11th !oor, Philadelphia, PA 19107- While both district and teacher rep- city and its economy forward. is no more important time than now to 2955. Telephone: (215) 238-6300. Association resentatives have been outspoken about As Judge Rendell said, ensuring that examine the critical issues of access to ed- Web site: philadelphiabar.org. Newspaper e- mail address: [email protected]. The edi- where the blame lies, the reality is that we our schools provide an education that will ucation, development of our youth, and torial and other views expressed in the Phila- are faced with education issues that affect give opportunity to all our children is “a the intersection of the law at all levels. delphia Bar Reporter are not necessarily those everyone. societal imperative, not a political issue.” 0e committee will also study the of the Association, its of"cers or its members. Advertising rates and information are available Businesses across the city have a vested 0is year, I created an Education Law expansion of youth courts in Philadelphia from Don Chalphin at American Lawyer Media, interest in helping to ensure that the dis- Task Force chaired by Joshua Richards and the Bar’s role in assisting that effort. 1617 JFK Boulevard, Philadelphia, PA, 19103. trict’s fiscal crisis is resolved in a way that of Saul Ewing LLP to focus on educa- City Council has accepted a series of Telephone: (215) 557-2359 or e-mail dchal- [email protected]). protects our children from even further tion law, including pre-K to 12th grade, recommendations for setting up youth Page 1 skyline photo by Edward Savaria, Jr./PCVB calamity. 0is includes our legal com- as well as colleges and universities. I am courts in schools that work in tandem munity, which joins other major sectors pleased to announce that the Task Force with the juvenile justice system. in the city whose workforces are a major has been formalized into a standing com- 0e courts are devoted exclusively to driver of the local economy. mittee of the Association, the Education continued on page 15 Tell Us What You Think! pensation Section and Young Lawyers room reservation. The Philadelphia Bar Reporter Bench-Bar Division. 0e conference will close with Sponsors for the 2013 Bench-Bar welcomes letters to the editors for continued from page 1 a State of the Courts program featuring & Annual Conference include USI publication. Letters should be typed. the president judges of Pennsylvania and Affinity; 0e First Judicial District of There is no word limit, but editors for the full conference is $519. Philadelphia courts. Pennsylvania; iDiscovery Solutions; reserve the right to condense for In addition to the Law Practice We are pleased to offer a special REV- Insurance Adjustment Bureau, Inc; clarity, style and space considerations. Management track, CLE seminars will be EL hotel room group rate to our Bench- Frankly Legal; JAMS, 0e Resolution Letters must be signed to verify offered by the Business Litigation Com- Bar attendees. A rate of $179 plus tax Experts; Kaplan, Leaman & Wolfe Court authorship, but names will be withheld upon request. Letters may be mailed, mittee, Civil Gideon and Access to Justice is available Friday, Oct. 4 and a limited Reporting & Litigation Support; Love faxed or e-mailed to: Jeff Lyons, Senior Task Force, Criminal Justice Section, number of rooms are available at $149 Court Reporting; M. Burr Keim Com- Managing Editor, Philadelphia Bar Diversity in the Profession Committee, plus tax for 0ursday, Oct. 3. You must pany; Esquire Deposition Services; Rob- Reporter, Philadelphia Bar Association, Family Law Section, Insurance Programs be a registered attendee of the Bench-Bar son Forensic, Inc.; State Civil Litigation 1101 Market St., 11th !oor, Philadel- Committees, Professional Responsibility & Annual Conference in order to reserve Section; US Claims Inc; and Wilkie phia, PA 19107-2955. Phone: (215) Committee, Public Interest Section, State a room at the group rate. Once you are Lexus. For sponsorship information, con- 238-6345. Fax: (215) 238-1159. E-mail: Civil Litigation Section, Women in the registered for the conference you will tact Tracey McCloskey at 215-238-6360 [email protected]. Profession Committee, Workers’ Com- receive instructions on how to make your or [email protected]. philadelphiabar.org July 2013 Philadelphia Bar Reporter 3 FEDERAL COURTS COMMITTEE Simon Discusses Knox Case, Media Matters

I By Benjamin F. Johns Court reached its decision on March 26 and will be issuing a supporting written T S,    opinion sometime this summer. Simon who concentrates in “white collar, blue said that he does not expect the trial court collar and no collar” criminal defense to convict Knox because there is no evi- work, discussed his representation of dence implicating her in the murder, and American college student Amanda Knox noted that she is not required to travel during keynote remarks at the June 7 back to Italy for these proceedings. Federal Bench-Bar Conference. Simon, president-elect of the Na- Knox, a Seattle native, was convicted tional Association of Criminal Defense by an Italian court in 2009 of murdering Lawyers, highlighted several diﬀerences her roommate while studying abroad, between the American and Italian judicial and was sentenced to serve 26 years in an systems that were prominent in the Knox

Italian jail. case. Unlike our adversarial system, Italy Lyons Jeff by Photo Simon worked with Knox’s Italian is a hybrid with an inquisitorial compo- Ted Simon will be installed as president of the National Association of Criminal Defense Lawyers at its 2014 meeting in Philadelphia. attorneys to successfully overturn her con- nent, where the judges are more actively viction in 2011. Knox was subsequently involved in the fact finding and prosecut- error has been found. Perhaps the most in a civil case pending against her. released and returned to her family in ing the case. In the Knox case, the jury significant distinction between the two Another aspect of the Knox case that the United States. Simon showed clips of at the trial court and the intermediate systems in the Knox case was interaction Simon discussed was the knife that the the emotional press conference convened appellate court panel both consisted between civil and criminal cases. Certain prosecution claimed to be the murder upon her return. Recently, however, the of six lay people and two judges. Both incriminating statements allegedly made weapon. 0e knife was recovered in the Italian Supreme Court reversed Knox’s ac- legal and factual errors can be appealed, by Knox – during lengthy interrogations kitchen of Knox’s boyfriend at the time quittal and remanded the case for reevalu- but the appellate panel has the ability in a foreign language – were introduced at (and co-defendant in the case). Simon ation by the trial court. 0e Supreme to actually make factual findings if an her criminal case based on developments continued on page 21

4 Philadelphia Bar Reporter July 2013 philadelphiabar.org FEDERAL COURTS COMMITTEE 120 Attend Federal Bench-Bar Conference

U.S. Bankruptcy Court Chief Judge Eric L. Frank (top left, at left), Clerk of Court Mi- chael E. Kunz and U.S. District Court Chief Judge Petrese B. Tucker presented the State of the Court at the June 7 Federal Bench-Bar Conference at The Rittenhouse Hotel. Com- mittee Vice Chair Danielle Banks and Chair Ann Thornton Field (above right) greet Chief Judge Tucker. U.S. District Court Judges Gene E.K. Pratter (left photo, from left), Mitchell S. Goldberg and Cynthia M. Rufe were panelists for the seminar “Identifying and Avoiding Judges’ Top Five Pet Peeves on Summary Judgment.”

Panelists for the seminar “Making an Effective Sentencing Hearing Presen- tation” (above, from left) were Michael J. Engle, Ann C. Flannery, Peter F. Schenck, U.S. District Court Judge Mary A. McLaughlin and Peter F. Vaira. At right (from left), Ellen R. Rogoff, Joshua Bachrach, U.S. Magistrate Judge Henry S. Perkin, former Chancellor Edward F. Chacker, Danielle Banks and (seated) Chief Judge Tucker discussed “Mandatory Settlement Conferences - Useful Tool or Antiquated Albatross?” Photos by Jeff Lyons Jeff by Photos philadelphiabar.org July 2013 Philadelphia Bar Reporter 5 ALTERNATIVE DISPUTE RESOLUTION COMMITTEE Mongeluzzi: Make Mediation a Presentation

I By Benjamin F. Johns experience dealing with insurance com- stressed the importance of also being Mongeluzzi discussed several of the panies, the ultimate decision maker for mindful of the political and practical building blocks that are important for “M     –  the insurer is almost never actually in the big picture. As an example, he made a both mediation and trial preparation. He is a presentation,” trial attorney Rob- mediation room. For this reason, it is im- point of telling his out-of-town media- described his own self-imposed rule to ert J. Mongeluzzi told attendees at the portant to consider how to best influence tion adversary about how the American never use a word in court or at a deposi- Alternative Dispute Resolution Commit- this remote decision maker. Where the Tort Reform Association had recently tion that he would not use while sitting at tee program “How to Win You Case at case involves a death or catastrophically named Philadelphia the “top litigation a bar. Mongeluzzi explained that he does Mediation” on June 10. injured person, Mongeluzzi’s firm accom- hell hole.” Mongeluzzi greeted these folks not want the jury to think that he is any While there are obviously substantive plishes this through the use of a “settle- by saying “welcome to Hell.” In another smarter than they are. When questioning differences between personal injury and ment film.” 0is is a video of the victim case, the defendants insisted that they witnesses – particularly experts – he will commercial cases, preparation for the and/or family members showing who were likely to prevail on a key issue in the ask them to explain a certain area to “us” mediation presentation does not depend the person was and how they have been Pennsylvania Supreme Court. Monge- (as opposed to “me”) so that both he and upon the subject matter. Since most cases harmed. Mongeluzzi said that there is a luzzi responded by telling them that the the jury are part of the learning process ultimately settle, the mediation is the full-time lawyer at his firm who generates case was unlikely to even make it to the together. culmination of the representation. Mon- settlement films. Such videos are often Supreme Court until 2015, which is a Another key building block is the geluzzi stated that he begins preparing for more effective at reaching the decision mayoral election year that will probably deposition, at which Mongeluzzi said the mediation on the first day the client maker than any mediation memo. have a large democratic voter turn- cases are won or lost. He offered insight walks into his office. In addition to knowing the law and out. Such an election could change the from his extensive experience taking Mongeluzzi observed that, from his facts pertinent to your case, Mongeluzzi composition of the court. continued on page 19 Business Bar Giants Business Law Section Chair Barbara T. Sicalides (from left) is joined by Carl W. Schneider and Albert S. Dandridge III, who moderated the !rst “Giants of the Philadelphia Business Bar” program on June 20 at Pepper Hamilton LLP. Schnei- der is former Chair of the Wolf Block Cor- porate Department and noted author and lecturer on corporate and securities laws, including Pennsylvania Corporate Practice and Forms. The Business Law Section is recognizing legal giants who have had a signi!cant impact on the practice of busi-

Photo by Jeff Lyons Jeff by Photo ness law in Philadelphia and beyond. TO LAWYER LAWYER REFERRALS For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

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6 Philadelphia Bar Reporter July 2013 philadelphiabar.org ACE Ends Year with Mock Supreme Court Case I By Jim Nixon

M       at the U.S. Courthouse on May 30 to celebrate the Advancing Civics Education (ACE) Program’s annual culminating event, where the students argued and decided a U.S. Supreme Court case. ACE is a partnership between the Philadelphia Bar Association, Philadelphia School District and the Na- tional Constitution Center that brings teams of volunteer lawyers and judges into city classrooms to provide supplemental civics education, including the fundamental principles of citizenship, democracy and dispute resolution. Following an introduction by Nycole Watson, chair of Student Supreme Court justices prepare to hear J.S. v. Blue Mountain School District at the ACE program’s the culminating event, and welcoming remarks by Ace May 30 culminating event. The ACE Committee (below) includes Judge John M. Younge, Jim Nixon, Jenimae Committee Vice Chair and Philadelphia Court of Com- Almquist, Nycole Watson, Mary L. Russell, Judge Genece E. Brinkley and Julie E. Haywood. mon Pleas Judge John M. Younge as well as U.S. District Court Judge Gene E.K. Pratter, the students were given an introduction to J.S. v. Blue Mountain School District, the featured case of the event. Philadelphia Court of Common Pleas Judge Genece E. Brinkley, incoming vice chair of the ACE Program, and Eleanor Barrett discussed the case with the students. 0e case questioned whether a school can punish students for activity that takes place online and outside of school hours, but pertains to school related activity. An interactive discussion ensued in which students were paired with attorneys in small groups to facilitate a Lyons Jeff by Photos discussion of the Blue Mountain case. 0e students favor- respondent. 0ree students from each school participated to students and teachers, a luncheon at the courthouse ing one side over the other, J.S. or Blue Mountain School in oral arguments, which were intense and filled with cafeteria and a video presentation by the National Con- District, were assigned attorneys and teacher coaches questions from the mock justices. After oral argument, stitution Center. to assist them in refining their arguments to present to the mock justices voted unanimously, 9-0, in favor of 0e ACE program continues to grow and looks for- a mock U.S. Supreme Court, which was comprised of Blue Mountain. 0e court stated that their decision was ward to a successful summer library program for elemen- students who remained undecided on the case. Philadel- not so much based on the arguments of the students, but tary students and renewed enthusiasm for its signature phia Court of Common Pleas Judge Ramy I. Djerassi, rather on the facts of the case. Both teams, as well as the high school program that will kick off in September. a member of the ACE Executive Committee, helped group of mock justices, performed extremely well and For more information concerning the ACE program prepare nine student justices to hear oral argument. reveled in the opportunity to showcase their oral com- or to volunteer, please contact Judge John Younge at 0e mock U.S. Supreme Court heard oral arguments munication skills. [email protected]. from Roxborough High School which represented J.S., A special presentation was also made to immediate- the petitioner, and Constitution High School which past ACE Committee Vice Chair Jenimae Almquist. Jim Nixon ([email protected]) is a staff attorney with the represented the Blue Mountain School District, the 0e day concluded with a presentation of certificates Superior Court of Pennsylvania. TO LAWYER LAWYER REFERRALS For details on placing a Lawyer to Lawyer referral ad, contact Lana Ehrlich at 215-557-2392 or [email protected].

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philadelphiabar.org July 2013 Philadelphia Bar Reporter 7 CHANCELLOR’S LEADERSHIP INSTITUTE Diverse Leaders Overcame Obstacles I By Lauren Strebel

F   P B A- ciation’s young leaders talked about diversity, leadership, and what it takes to be successful at the May 21 Chancellor’s Leadership Institute. 0e panel was moderated by Nikki Johnson-Huston, the Diversity Chair of the Philadelphia Bar Association’s Board of Governors, and featured Kevin Harden Jr., of the Executive Board of the Bar- risters’ Association of Philadelphia; Neil

C. Maskeri, president of the South Asian Lyons Jeff by Photo Bar Association of Philadelphia; Teresa Moderator Nikki Johnson-Huston (from left) listens as panelists Kevin Harden Jr., Teresa Rodriguez, Kay Kyungsun Yu and M. Rodriguez, Board Member of the Neil C. Maskeri discuss their professional journeys at the May 21 Chancellor’s Leadership Institute program. Hispanic Bar Association of Pennsylvania, torney, he described how some days in his not reflect the clients that are served. But Asian and having a youthful appearance and Kay Kyungsun Yu, of the Board of position as an assistant district attorney she knows that eventually, businesses and “did not help.” To combat any precon- Governors of the Philadelphia Bar As- “every person I prosecute looks like me.” firms will have to diversify in order to ceived notions based on looks alone, she sociation. Rodriguez developed a passion for meet the growing need for interpreters learned how to be a really good lawyer. While in college at Kutztown, Harden migrant farm workers, and knew a J.D. and bilingual staff. Her suggestion: Go out and get really noticed his ability to keep a cool head could help her serve that community. Discovering early the harsh realities of good at what you do. while mediating issues between opposing “0e interpreter is here” is a phrase she U.S. immigration laws during her own Maskeri was actually on track to be- racial groups. 0is experience led him to hears all too often when entering a family’s struggles, Yu pursued a law degree coming a doctor when he decided to veer law school. When describing some of the judicial proceeding. She noted her dis- to help others navigate the system. At the off course, against his parents’ expecta- everyday challenges of being a diverse at- satisfaction that the legal profession does beginning of her career, being a woman, continued on page 15

8 Philadelphia Bar Reporter July 2013 philadelphiabar.org Humor Can Help Your Practice

I By J. Michael Considine Jr.

C   ,   , joking and laughter help you be successful? Used wisely, it can help build bonds with clients that will help your practice, according to Henri de Jongste. De Jongste, a lecturer at FH Dortmund Bar Leaders University of Applied Sciences and Arts in Dortmund, Germany, author of a num- Welcome Citizens ber of articles on Humor in International Business Contexts and member of the International Society for Humor Studies, Vice Chancellor Albert S. Dandridge III (above) led a discussion on humor and business at addressed new citizens at a June 14 naturalization ceremony at U.S. District Court before U.S. District a recent meeting of the International Busi- Court Judge Cynthia M. Rufe. Lynn Doyle of the ness Initiative Committee. Humor helps Comcast Network also spoke to the new citizens. us get along with others, which is crucial Board of Governors Assistant Secretary Jacqueline to success with human clients. De Jongste G. Segal (right) welcomed 70 new citizens from 42 set up a Forum on Humor in Culture and countries at a June 20 naturalization. The June 20 researched humor in international business program was presided over by U.S. District Court Judge Thomas N. O’Neill Jr. and also featured to see what people laughed at. Humor can remarks from William T. Hangley. Both events were be very positive but it must be understood sponsored by the Philadelphia Bar Association. continued on page 11 Photo by Jeff Lyons Jeff by Photo

philadelphiabar.org July 2013 Philadelphia Bar Reporter 9 WOMEN IN THE PROFESSION COMMITTEE “Close” the New Client Through Referrals

I By Annie M. Kelley background and philosophy. Peskin A great way to set both your and stressed LinkedIn as a phenom- the client’s expectations is to also pre- G         enal tool for lawyers and business Podcast pare an exit strategy. For example, the first step. “Closing” that new client is the step that development. Keeping your profile Spotlight saying, “I know today I hope to actually matters. While attorneys want to avoid coming updated, as well as looking at all of a find out as much about you so I can Visit philadelphiabar.org for a pod- across like pushy salespersons, attorneys should in fact be potential client’s information, includ- cast from this Bar Association event. figure out whether I will be able to selling professionals. ing schools, background, hobbies help you. All I ask is that you do the Lisa Peskin, CEO of Business Development Univer- and shared connections, are all criti- same, and let me know if you don’t sity, presented a seminar at the Women in the Profession cal to establish a business rapport. think I’m the best fit.” Setting limits Use your Committee meeting on May 28 to explain the process of Finding something in common, or QR code upfront allows either side to walk running an effective first meeting with a prospective cli- being able to relate a past story of reader to link away if it is not a good fit. ent. Peskin explained that closing actually has to be done how you have helped someone else directly to After establishing a rapport and at the front end of a prospect appointment, through first in a similar situation, can be monu- this resource. determining if the business relation- establishing a relationship and setting mutual expecta- mental in pursuing a new client ship is a fit, a few of Peskin’s favorite tions for the process of representation. relationship. “closes” include the alternative choice Peskin pointed out the difference between a “suspect” Once a relationship has been established, Peskin close: “I’ll be in town next Tuesday or 0ursday, which is and a “prospect” client. A suspect is one whom you are explained, set an agenda for the meeting. 0e transition better for you?”; the assumptive close: “All I need now is not sure yet has a need for your services; a prospect has from building rapport to the start of the meeting can for you to sign this letter of engagement”; the conditional already been qualified as a realistic potential client. Filling take varying amounts of time. It is important to find out close: “If I do this, can we move forward?”; or, for those your “pipeline” with qualified prospects on a consistent what their expectations are for the meeting, but to also set with trouble making decisions, the Ben Franklin close: basis is the initial essential step toward making an effec- your expectations. Lawyers are typically good at finding “Let’s make a list of reasons it makes sense to go forward, tive closing with a new client. 0e best way to do so is out about what the client’s needs are, but forget about and not go forward.” through referrals and establishing a network of strategic their own. Here, find out how long the client has used its alliances who provide qualified prospects. existing or previous firm, why they are making a switch, Annie M. Kelley ([email protected]), a judicial clerk to Before meeting with a potential new client, it is always and other criteria upfront so that you can express yourself Philadelphia Court of Common Pleas Judge Albert J. Snite Jr., necessary to do planning and research on the client’s and your services the best. is an associate editor of the Philadelphia Bar Reporter.

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10 Philadelphia Bar Reporter July 2013 philadelphiabar.org Humor continued from page 9 Chancellor Honored and appreciated because it can be more challenging in intercultural settings. What is funny varies among cultures. Each has different styles of irony. Investigate humor norms in a country where you will do business. 0e British like puns and irony with a straight face; French youths have verlan, the Austrians schmah. It is said the German joke book is the shortest in the world, yet Germans are just as humorous as anyone. Germans find humor is not often appropriate in business, their politicians rarely joke in public and self-deprecating humor does not go over well. Humor in business is rare in Japan. Outside of Am- sterdam, parts of Holland share a relatively conservative, Calvinistic culture with a Bible belt, which frowns upon extravagance. Yet each person in a culture is unique. Humor is the great icebreaker, a game people play. It is being playful. 0e goal of playfulness is not usually material but shared relaxation and pleasure. Jokes often involve unusual situations. Humor can create psychological closeness and bonding or relieve tension but also be used as a weapon. A sense of humor is a gift yet most of us can learn this skill. Explore the sense of what is funny and not funny with another person and build on this. Learn to gao xiao (make fun in Chinese). People often respond and want a humor part of the relationship. Canned jokes can be used but spontaneous humor in conversations can be constructive and invite Photo by Hugh E. Dillon E. Hugh by Photo the listener to play along in a fantasy world where odd things happen. Career Wardrobe Executive Director Sheri K. Cole (from left), with event emcee Marilyn Humor can open a heart so there is more persuasiveness in the Russell, Chancellor Kathleen D. Wilkinson, Nikki Johnson-Huston and Deputy Mayor Everett message. It keeps people interested. Excessive seriousness can bore a Gillison at Career Wardrobe’s “A Perfect Fit” celebration on June 5 at the Crystal Tea Room. listener. Humor is linked to creativity. If it is recognized as humor, it Wilkinson was the 2013 Fashioning Futures for Women Award honoree. Since 1995, Career can relieve a tense moment. Humor relieves stress. It is a nice way to Wardrobe has served women in Philadelphia with the clothing, career skills and con!dence begin or end a conversation. Leave them laughing. necessary to transition to work. What makes something funny? One factor is incongruity – a non-normal development of a situation. Look for opposites. 0e un- expected, done playfully and without too much impact on a situation, FAMILY LAW SECTION can lead to laughter. Under expectations violation theory, the closer people are to you, the more lenient you are with them when they violate your expectations. Jokes can be told very seriously or while smiling. Dutch and British humor is often told seriously. People may Drug Testing Process Explained expect a signal when something is funny. 0e segue – speaking faster or changing the voice – prepares the listener. Body language is a signal I By Julia Swain drugs because they not only depress feelings but and so are the clothes of clowns or funny dress. A lack of signals may they actually depress the brain stem, which controls make the impact greater. Humor can be outrageous such as some of P     necessary bodily functions like breathing. Depres- the Monty Python Flying Circus skits. In a takeoff on one of its skits, consultant Heather Harris explained the drug sants include alcohol, benzodiazepines and some at the funeral of Graham Chapman, John Cleese reverently spoke testing process at the June 1 meeting of the Family analgesics. 0ey decrease anxiety, lower inhibition, softly about the deceased, stating it was great to work with him and Law Section. Drug testing, Harris said, analyzes cause relaxation and impair coordination. he was in the great thereafter. Cleese repeated respectful euphemisms the product of metabolism after drugs are intro- Analgesics include opiates such as morphine, for his passing such as “he’s in a better place.” To a crowd of mostly duced into the body. codeine, and heroine. Analgesics’ main function is Python fans he blurted out “Good riddance to the bastard! I hope he 0e most common drugs of abuse are broken pain relief. fries!” 0ey saw humor in this. I would not recommend you state this down into the following categories: stimulants; Cannabinoids include marijuana. Cannabinoids at a funeral! Humor can also result from psychological relief. hallucinogens; depressants; analgesics; and canna- relieve pain, nausea and vomiting. 0ey cause relax- 0ere are humor taboos. Usually a joke gone wrong is not the binoids. ation. Cannabanoids are used to increase appetite end of the world. Avoid religion. Be careful about criticism. Overjok- Stimulants include amphetamine, methamphet- for people in chemotherapy. 0ey also cause red ing can threaten the serious nature of a presentation. Telling unfunny amine, cocaine and Adderall. Stimulants provide eyes, dilated pupils and slow reaction times. jokes can lead to loss of face and embarrassment. Some people don’t energy and euphoria. 0ey also reduce appetite. 0e four main processes in the body related to “get” a joke and become confused. Humor can also be the manifesta- With increased use, anxiety and paranoia develop, drug use are absorption, diffusion, metabolism and tion of power. 0e more powerful person has more liberty. Humor which cause users to self-medicate with benzodiaz- excretion. may exclude. Sarcasm expresses superiority over what is laughed at. epines such as Valium and Xanax. Absorption can happen through various meth- People may pretend to understand a joke when they don’t. Hallucinogens include PCP, LSD Ketamine, ods. 0e oral method is used for pills, mushrooms 0ere is a human tendency to want to support each other. Humor mushrooms and peyote. Hallucinogens cause syn- and other drugs that can be mixed into concoc- requires involvement and cooperation. It is an invitation to share a esthesia where users report symptoms like tasting tions. 0e intravenous method, which is the most light heart, but the appreciation of it must be shared. Humor is a way colors and hearing rainbows. Some hallucinogens, effective method, gets the drug directly into blood- of sharing. It requires a receptive listener. It is at its best when people such as PCP, are more appropriately called a dis- stream. Inhalation is mainly smoking but includes co-construct humor and go along with it. It should fit the context and sociative. 0e dissociative drugs create a separation snorting. Finally, there is the transdermal method be understandable to be successful. It shows people think alike and between consciousness and body. 0is explains why used for drugs such the nicotine patch and pain builds feelings of mutual understanding and trust. PCP users do not feel much pain and, thereby, can medication patches that provide a very potent form engage in risky behavior. Paranoia is a common side of pain relief similar to morphine. Once drugs are J. Michael Considine Jr. ([email protected]) is chair of the International effect of hallucinogens. Business Initiative Committee. Depressants are some of the most dangerous continued on page 14 philadelphiabar.org July 2013 Philadelphia Bar Reporter 11 JUNE QUARTERLY MEETING Rendell: Education Offers Opportunity to All

I By Lauren A. Strebel gaps between white males, women we be doing to push for the equality and minorities. Judge Higginbotham Podcast and diversity without running afoul E       the most impor- wrote about the continued need of the law? “I suggest that part of the tant ways to close the gaps facing minorities today, U.S. for affirmative action to remedy the Spotlight answer lies, as it has since Brown v. Court of Appeals Judge Marjorie O. Rendell said while disparity. Quoting from the article, Visit philadelphiabar.org for a pod- Board of Education, in equal educa- presenting the Judge A. Leon Higginbotham Jr. Memo- “anti-discrimination laws simply for- cast from this Bar Association event. tion.” Pointing to statistics, Judge rial Public Interest Lecture on June 12. bid employees from discriminating, Rendell said about 73 percent of Ensuring that schools provide education that will give but they do not encourage employ- African Americans and 78 percent opportunity to all children is a societal imperative, not a ers to take proactive steps to recruit, Use your of Hispanics attend predominantly political issue. “Only through education will we achieve hire and retain qualified women and QR code minority schools. Teachers in those a world [Judge Higginbotham] challenged us to seek,” minorities.” reader to link schools have less experience, less Judge Rendell said. Judge Higginbotham’s article directly to training and fewer advanced degrees. “I have advocated for civics education in our schools, stated “there is no moral or economic this resource. About 85 percent of minority stu- believing that giving every child a sense of who they are, justification to dismantle affirmative dents read below their reading level. citizens with responsibilities, and the understanding that action while glaring disparities still Further, there is still a gap between they and their voice are important in our society and in remain as to the opportunity gaps of women and minori- the number of minorities who go to college compared to our democracy, is a way to improve and promote equal- ties.” While addressing the Senate judiciary committee, non-minorities. ity.” She urged everyone to check out the iCivics website, he warned that “ultimately, this country will pay a heavy In closing, Judge Rendell praised Judge Higginbotham founded by Justice Sandra Day O’Connor in 2009, price for neglecting women and minorities.” for keeping discussions of equality relevant and urgent which is designed to teach young people about the U.S. As we await the Supreme Court’s decision on Fisher throughout his career. Even when the law dictated an government and democracy. v. University of Texas at Austin, Judge Rendell noted unfavorable outcome, Judge Higginbotham used his Judge Rendell admitted that when Chancellor Kath- “whatever we might think of affirmative action as a legal opinions to advocate change. He always felt that lawyers leen D. Wilkinson first asked her to deliver this lecture, matter, Judge Higginbotham made a good case for it “must be the visionaries in our society, the nation’s archi- she declined thinking it too big an undertaking. But as a matter of social policy.” Even 18 years after Judge tects, who renovate the place of justice and redesign the over the following weekend, she came across two articles, Higginbotham’s warning, race and gender inequality landscape of opportunity in our nation.” an op-ed written by Judge Higginbotham and another still persists. African-American families have a median “Now that he is gone, it is our job to carry on this commenting on an address he gave to a Senate Judiciary household income of $38,000 whereas white families fight,” Judge Rendell said. “What can we do to help? Committee subcommittee on the Constitution, federal- make $62,000. White women earn only 77 cents for Advocate for equal resources in all of our schools by ism and property rights. Both were about affirmative every dollar that white men earn. “Has the urgency about writing to your local representatives. Take it a step further action, not as a matter of law, but as a matter of policy. inequality that Leon spoke about gone by the wayside?” by tutoring, mentoring or volunteering in programs that She took finding these articles as a sign that she should Judge Rendell asked. help close the gap.” deliver the lecture. 0ough minorities are better represented in corporate She recalled first reading the op-ed article in a ski lodge and political circles, diversity as a policy has taken a back Lauren A. Strebel ([email protected]) is a student at on Nov. 5, 1995. 0e article discussed the opportunity seat to the “urgent situation[s] of the week.” What can Earle Mack School of Law at Drexel University. Roomberg Thankful for Acceptance

I By Jeff Lyons J. Cooper, Gerald Decker, Judge Alfred J. Di- Bona Jr., Walter M. Dinda, Stuart F. Ebby, John A       B. Eurell, Joel Paul Fishbein, Gregory M. Harvey, members of the Association’s 50-Year Club are Jerome A. Hoffman, Ellis R. Jacobs, Warren J. women, the times are “a changing,” Lila G. Kauffman, 0omas R. Kellogg, Jerold G. Klevit, Roomberg said while speaking on behalf of her Judge Daniel J. Lawler, Arnold Machles, Edwin classmates at the June 12 Quarterly meeting. S. Moore III, 0omas B. Morris Jr., Andrew F. “In our law schools, 40 percent of the students Napoli, John H. Potts, Robert S. Price, Raymond are women. And as they develop their skills and J. Quaglia, E. Gerald Riesenbach, Lila G. Room- contribute to the community, we will see their berg, Richard J. Ruth, 0omas B. Rutter, Alan representation grow,” said the 2000 winner of the Schwartz, David A. Silverstein, Edward Stock, Sandra Day O’Connor Award. Judge Carolyn E. Temin and Peter F. Vaira. She said her law firm, Ballard Spahr LLP, and 60-Year Club the Bar Association welcomed a raw girl from Warren M. Ballard, Robert F. Blanck, Judge Brooklyn and gave her the opportunity to be- Edward J. Bradley, Ralph W. Brenner, Joseph P. come a Philadelphia lawyer. She later became the Flanagan Jr., Joseph H. Foster, Max Goldberg, firm’s first woman partner. “Nowhere else would Maxwell P. Gorson, Bernard Granor, Bernard N. I have been given the opportunity but here in Katz, Edward W. Madeira, Domenic Mascian- Philadelphia,” she said. tonio Jr., George H. Nofer, George J. O’Neill, “Fifty years ago I was a girl. I got old on the Herbert L. Ocks, Judge Meyer Charles Rose, job,” she joked. Stanton L. Triester, William David Webb and Photo by Jeff Lyons Jeff by Photo 0e Year Club honorees included: Minturn T. Wright. Lila G. Roomberg, a past recipient of the Sandra Day O’Connor 50-Year Club 70-Year Club Award, spoke on behalf of the newest members of the Association’s Robert L. Arangio, Jerome E. Bogutz, Leonard Herbert Brener. 50-Year Club.

12 Philadelphia Bar Reporter July 2013 philadelphiabar.org JUNE QUARTERLY MEETING

Past recipients of the Association’s Sandra Day O’Connor Award gather at the June 12 Quarterly Meeting. Pictured (standing, from left) are U.S. District Court Judge Anita B. Brody, Women in the Profession Committee Co-Chair Regina M. Foley, U.S. Supreme Court Justice Sandra Day O’Connor, Lynn A. Marks, U.S. District Court Judge Cynthia M. Rufe, Pennsylvania Superior Court Judge Anne E. Lazarus, Roberta D. Pichini, Stephanie Resnick, Dean JoAnne A. Epps, Roberta D. Liebenberg, Women in the Profession Committee Co-Chair Lauren P. McKenna, U.S. Court of Appeals Judge Dolores K. Sloviter, U.S. Court of Appeals Judge Marjorie O. Rendell, Chancellor Kathleen D. Wilkinson, former Chancellor Jane Leslie Dalton and Marina Angel. Seated from left are Judge Phyllis W. Beck, U.S. District Court Judge Norma L. Shapiro and Lila G. Roomberg. Not pictured but in attendance is former Chancellor Deborah R. Willig. Other O’Connor Award recipients include the late Justice Juanita Kidd Stout, Leslie Ann Miller, the late Judge Judith J. Jamison, Chief Defender Ellen T. Greenlee and former Chancellor Audrey C. Talley. Women Need More Gains, Judge Lazarus Says

I By Jim Nixon

I   A’ S- dra Day O’Connor Award on June 13, Pennsylvania Superior Court Judge Anne E. Lazarus noted that women have made major advancements in the profession, but much more needs to be accom- plished. 0e O’Connor Award is conferred annually on a woman attorney who has demonstrated superior legal talent, achieved significant legal accomplishments and has furthered the advancement of women in both the profession and the community. Justice O’Connor was in attendance for the presentation of the award, which has now been given for 20 years. Judge Lazarus said that while women currently outnumber men on the Superi- Lyons Jeff by s Photo Pennsylvania Superior Court Judge Anne E. Lazarus accepts the 2013 Sandra Day O’Connor Award from Women in the or Court, Pennsylvania lags behind many Profession Committee Co-Chairs Lauren P. McKenna and Regina M. Foley on June 12. states in the number of women who are elected to the state Senate and General and honored to receive the Sandra Day Judge Lazarus spoke of tikkun olam, the mon Pleas Court, Judge Lazarus became Assembly. Additionally, she said that O’Connor Award and thanked her col- Jewish concept of healing the world. the first woman to serve as coordinating Pennsylvania has yet to have a woman leagues, staff, friends and family, many Judge Lazarus was raised in New York judge of the Criminal Division. In 2009 governor and that Philadelphia has yet to of whom were in attendance for the City, attended law school at Temple Judge Lazarus won election to the Supe- have a woman elected to serve as mayor. presentation, including her husband, University, and received her LLM there rior Court of Pennsylvania, making her She urged all in the profession, not just Mitchell Klevan, as well as her mother in- and has lived in Philadelphia ever since. the first and only woman from Philadel- women, to work on the cause of advanc- law, whom the judge considers as her own Prior to being elected as a trial judge in phia to win a statewide election. ing women’s issues and serve as mentors mother. Judge Lazarus also thanked the Philadelphia, Judge Lazarus practiced to professionals from all backgrounds Louis D. Brandeis Law Society, of which with a major law firm and served as gen- Jim Nixon ([email protected]) is a staff regardless of gender. she is a past chancellor and now serves as eral counsel to the Philadelphia Orphans attorney with Superior Court of Pennsylvania. Judge Lazarus was both humbled the current president of its foundation. Court. After being elected to the Com- philadelphiabar.org July 2013 Philadelphia Bar Reporter 13 YLD Update YLD Will Extend Legal Advice Live! This Fall S  By Aneesh A. Mehta graduating from law school, I was YLD Diversity Reception in Chicago when someone asked me if I was “proud to be a Philadelphia lawyer.” Having not grown up in the area, or around the legal profession in general, I was unaware of the term. And while the story of the term “Philadelphia Lawyer” is oft repeated, I think it bears repeating again to understand the type of ideals on which the Philadelphia Bar Association would later be founded. 0e moniker traces back to a case against a poor printer named John Peter Zenger who was charged with sedition. Zenger was unable to secure any counsel among the New York Bar and Philadelphia lawyer Andrew Hamilton accepted the case pro bono and won. Hamilton famously said, “the first duty of society is Photos by Mark Tarasiewicz Mark by Photos justice.” It is our duty as members of the Philadelphia Bar Grace P. Manno (left), senior to keep lit Andrew Hamilton’s torch for justice, and there corporate counsel, Americas and is no better way to embody the spirit of the Philadelphia president of DELVACCA, deliv- lawyer than to provide pro bono assistance to those who ers keynote remarks at the YLD would otherwise be unable to afford an attorney. Diversity Reception on June 13 As a part of our annual Law Week activities, we’ve at the Franklin Institute. Daniel hosted an event called Legal Advice Live. 0e event J. Gillin (above, from left) of the YLD Executive Commit- features a free, two-hour ask-a-lawyer opportunity with tee joins scholarship recipients dozens of volunteer attorneys gathering to provide free, Rebecca Song, Chintan Desai, in-person legal advice at select Free Library of Philadel- Tarik Brooks, Kenisha Marks and phia branches. Renata Sobral along with Shab- 0is year, we were fortunate to have Chancellor-Elect rei Parker of the YLD Executive Committee. The scholarships Bill Fedullo serve as a volunteer at one of the library honored !ve outstanding local branches. As an active member of the bar, Bill has had an law students. opportunity to serve on many committees and volunteer in many activities, however, he made it a point to note to the YLD Executive Committee that this was one of the Live! again this fall. While we are still in the process of phia schools. If you are interested in helping us serving more personally fulfilling activities he’s had the opportu- coordinating the times and locations, we are soliciting for as a collection point of materials or would like to donate, nity to participate in, a sentiment echoed by numerous volunteers now. contact Maria Harris at [email protected]. other volunteers. In the meantime, there are still many outstanding Accordingly, we are pleased to announce that the opportunities to give back to your community. 0e YLD Aneesh A. Mehta ([email protected]), an associate with YLD will be extending this program to offer Legal Advice will be hosting a school supplies drive to benefit Philadel- Volpe and Koenig, P.C., is chair of the Young Lawyers Division.

referred to as the scope of the report. 0e scope should alter blood and urine samples. Drug tests typically utilize Family Law be clearly set forth on the report. Test samples could be a two screen testing process. 0e first screen is very sensi- continued from page 11 urine, a swab inside the mouth, hair or blood. Blood is tive and tests for very small levels of compounds found the only sample that can give information on the level in a variety of drugs. 0e first screen produces many false distributed, metabolism occurs. 0e purpose of metabo- of impairment. Urine will show what drugs were used positives. If a positive result is triggered, then a second lism is to take the molecules from the various drug com- over a relatively short time frame. Hair has the benefit of screen or the confirmation test is used, which is much pounds that do not belong in the body and turn them longevity, but environmental exposure reduces reliability. more specific. Instrumentation for the second screen is into molecules that can easily be eliminated. Metabolism Hair closest to the scalp is most reliable; particularly with mandated by federal law. Finally, Harris noted that drug happens mainly in the liver, after which those molecules a large enough sample size of 50 to 150 strands. Blood tests will not indicate the quantity of drugs used, but are excreted. has the shortest window of detectability. rather the presence of compounds associated with the Most drug testing labs follow the Substance Abuse Chain of custody is another important issue with drug drugs for which the tests were administered. and Mental Health Services Administration Manda- tests. A sample should be tested right after it was taken tory Guidelines, set by the federal government. 0e five from the subject, or as close as possible to that time. 0e Julia Swain ([email protected]), a partner with Fox main drugs tested for are marijuana, cocaine, amphet- location of where the sample was stored and the condi- Rothschild LLP, is an associate editor of the Philadelphia Bar amines, opiates and PCP. When reviewing a lab report, tion under which the sample was stored are also impor- Reporter. it is important to know what drugs were tested for, also tant factors. Heat, light and exposure to chemicals can

14 Philadelphia Bar Reporter July 2013 philadelphiabar.org it was a true team effort by Philadelphia World City Bar bar leaders to bring the conference here. continued from page 1 0e only other U.S. cities represented in the conference are New York and for city bar association initiatives.” Chicago. Previous conferences were in “0e conference will bring to our city New York (2001), Paris (2003), Shang- the highest level conversation on issues hai (2004), Chicago (2006) and Lon- of international law and human rights,” don (2008). Cooper said. “And it confirms that Wilkinson spoke at a roundtable pro- Philadelphia is a leading city among legal gram in Frankfurt about the Philadelphia centers in the world.” Bar Association’s Civil Gideon efforts and Delegates to the World City Bar Leaders Conference in Frankfurt, Germany as- He said the conference gives attorneys the statewide Civil Justice Gap hearings semble for a group photo. The conference will be in Philadelphia in 2014. the opportunity to see what legal develop- hosted by the Pennsylvania Senate Judi- ments are occurring in the rest of the ciary Committee. She also met with the come here,” Wilkinson said. consciousness within the region and to world before they show up in the U.S. presidents of the Barcelona and Montreal Cooper, who presented “Developing enhance the region’s global profile. Cooper laid groundwork to bring the Bar Associations to make final arrange- Legal Issues from an American Perspec- In past conferences, Philadelphia bar conference to Philadelphia during the ments to establish twinning programs tive” in Frankfurt, said having the confer- leaders showcased the city’s commerce Tokyo conference in 2010. Cooper and with both bar associations. “0ese pro- ence in Philadelphia will help raise the court, our seat as a major local arbitration former Chancellor Rudolph Garcia at- grams will be similar to our longstanding city’s global profile. 0e Philadelphia Bar center, the court’s efforts on mortgage tended the 2011 conference in Montreal twinning program with the Lyon Bar As- Association is a member of Global Phila- foreclosure and our sophisticated legal and made a presentation inviting a con- sociation, where we send Philadelphia law delphia, an organization that promotes practices, as well as the challenges of conference to Philadelphia. Cooper added students to France and French students the development of an international ducting business in the United States.

summer literacy program. In the meantime, we must continue Gay Scanlon at scanlonm@ballardspahr. Frontline Retired U.S. Supreme Court Justice to do what we can by addressing these com. continued from page 3 Sandra Day O’Connor advocates in favor important issues publicly and helping our Kathleen D. Wilkinson (Kathleen.Wilkinson@ of civics education and founded a pro- schools in innovative ways. If you are in- wilsonelser.com), a partner with Wilson Elser Moskowitz nonviolent and misdemeanor offenders, gram (www.iCivics.org) that schools may terested in learning more about the work Edelman & Dicker, is Chancellor of the Philadelphia Bar who are tried and sentenced by other stu- adopt without charge. Justice O’Connor, of our new Education Law Committee, Association. A version of this article originally appeared dents in an effort to curb their behavior who was also a featured speaker at last please contact me at chancellor@philabar. in the June 28 edition of "e Legal Intelligencer © 2013 before they reach the level of Common month’s Quarterly Meeting, strongly org, or Committee Co-Chairs Joshua ALM Media Properties, LLC. All rights reserved. Used Pleas Court. At hearings last summer, urged our members to use their legal Richards at [email protected] or Mary with permission. school district officials said they sup- knowledge and education to teach young ported the concept in principle. people about civics. 0e committee will also facilitate our “0e best defense against threats to ju- award-winning Advancing Civics Educa- dicial independence is a culture in which tion Program which over the past five citizens appreciate and respect the rule of years has placed more than 150 volunteer law,” Justice O’Connor said, “and the key lawyers and judges into 14 public high to creating that culture is education.” schools and three elementary schools to Programs such as ACE and iCivics provide supplemental civics education, help “bridge the gap” where the needs are including the fundamental principles most urgent – and serve as a model for of citizenship, democracy and dispute other successful community partnerships. resolution. 0ere is no greater state or local gov- 0is summer, the program is being ernment priority than ensuring a sustain- expanded into local library branches as able future for quality public education in part of the Free Library of Philadelphia’s Philadelphia.

that are typically given to more senior Leadership lawyers? Produce high-quality work and continued from page 8 constantly develop your craft. What do you do when someone treats you nega- tions, to pursue a J.D. He described the tively? Know that sometimes people are difficulty he had with a client who only just having a bad day, and their negative corresponded with the partners, even demeanor probably has nothing to do though as an associate he was personally with your race or youth. assigned the case. Circumstances changed An audience member raised a question once he had the opportunity to meet the about tokenism. Harden’s suggestion: client in person and show him his profes- Avoid becoming the “token voice.” Once sionalism and skillsets. you do so, you will be capped at doing 0e panelists agreed that joining their only those “token” activities. Instead, try affinity bar associations and eventually to take on the most substantive, difficult taking on leadership positions was a smart tasks. choice. 0ey noted how their involvement had positively affected their profes- Lauren A. Strebel (lauren.a.strebel@gmail. sional and personal relationships. com) is a student at Earle Mack School of Law How, as a young and diverse lawyer, do at Drexel University. you obtain the respect and opportunities philadelphiabar.org July 2013 Philadelphia Bar Reporter 15 25th Annual Bar Foundation Golf Classic

Caesar D. Williams tees off at Green Valley Bar Foundation President Deborah R. Gross and USI Af!nity’s Brian McLaughlin present the USI Cup to the winning Country Club in Lafayette Hill. More than 110 foursome of Cathy Devlin, Pennsylvania Supreme Court Chief Justice Ronald D. Castille, Don Donatoni and Carl golfers participated in the annual event. Everett at the June 24 Golf & Tennis Classic. The foursome also won the LexisNexis Cup.

Bar Foundation Golf & Tennis Committee members (above) Mike Trudgeon, Rod Wittenberg, Thomas Brophy (chair) and David Kessler (presenting sponsor) gather before teeing off. Don Foster (right photo, at left) and Chancellor-Elect William P. Fedullo also participated.

Manny D. Pokotilow (left) waits for a serve during the tennis portion of the event. A total of 17 players participated in the tennis. Kevin Boyer (right) recorded a hole-in-one on the 8th hole, his !rst-ever ace in his gol!ng career. Boyer played as a guest of Weir & Partners LLP. Photos by Jeff Lyons Jeff by Photos

16 Philadelphia Bar Reporter July 2013 philadelphiabar.org Bar Foundation Nominate a Worthy Attorney, Firm for Recognition R,      Philadelphia Bar Foun- By Deborah R. Gross ing on Fox Rothschild’s of individuals seeking assistance increase dation Award. We seek receiving the Pro Bono and the public funding to provide legal your suggestions for the Award last year, “Giving assistance decrease. As noted in each 2013 award recipient. back through pro bono Web Check of our Pennsylvania attorney annual Past recipients of the work is a badge of honor Visit philabarfoundation.org/awards registration forms, “there is a crisis of award include: Professor as important as an- for nomination forms. unmet legal needs among the indigent Louis D. Rulli, Univer- nouncing large verdicts.” in Pennsylvania and throughout the sity of Pennsylvania Law 0e Trustees of the Bar nation. Comprehensive legal needs stud- School (2005); Frank Foundation agree. Use your ies have concluded that four out of five Cervone, Support Cen- We seek your sugges- QR code low-income persons with legal needs have ter for Child Advocates tions for nominations reader to link no access to lawyers, and one of every (2006); Len Reiser, for the 2013 award directly to two persons who is eligible for and seeks Education Law Center recipients. Past award this resource. assistance from a legal aid office is turned (2007); Karen C. Buck, SeniorLAW recipients include Hecker, Brown, Sherry away because of a lack of resources.” Center (2008); Cathy Carr, Community & Johnson LLP and Morgan, Lewis & Yet despite this serious drop in public Legal Services (2009); Ourania “Rainy” Bockius LLP (2003); Margaret A. Mc- and/or corporate law departments who funding and increase in need, the public Papademetriou, Philadelphia VIP (2010); Causland and Schnader Harrison Segal enable our legal system to uphold our interest legal community in Philadelphia 0u Tran, Community Legal Services & Lewis LLP (2004); Ballard Spahr promise of equal justice under law for all. has continued to provide quality legal (2011); and Mary Catherine Roper, Andrews & Ingersoll LLP (2005); Pepper We hope these awards will inspire others services, leadership and vision. We are ACLU of Pennsylvania (2012). Hamilton LLP (2006); Cozen O’Connor to follow the example of service set by the both fortunate and unique to have the Additionally, the Philadelphia Bar and Saul Ewing LLP (2007); PECO/Ex- recipients. Please provide your nominees’ strong nonprofit legal community that we Foundation recognizes annually one – or elon Legal Department (2008); Dechert names and a brief summary to support have in Philadelphia. We set an example more – Philadelphia law firm or corpo- LLP and Berner Klaw & Watson LLP your nomination to jhilburnholmes@ for many other cities and they often look rate legal department that has demon- (2009); Gay Chacker & Mittin, P.C. philabar.org. to us for advice. strated outstanding volunteer efforts to and Hangley Aronchick Segal & Pudlin Each year, the Philadelphia Bar help provide legal services to those in (2010); Blank Rome LLP (2011); and Deborah R. Gross (debbie@bernardmgross. Foundation recognizes the hard work and need by conferring the Philadelphia Pro Fox Rothschild LLP (2012). com) of the Law Offices of Bernard M. Gross, extraordinary efforts of a public interest Bono Award. As former Chancellor Abe It is important for us to show our ap- P.C. is president of the Philadelphia Bar attorney through the awarding of the Reich remarked to me recently in reflect- preciation to those lawyers and law firms Foundation. Why I Give... Portrait Unveiling I give to the Philadelphia Bar Foundation because I am confident the funds are being allocated to some of the finest public interest agencies in the country. Giving to the Foun- dation allows me to give to Abraham C. Reich, all of these stellar organiza- Co-Chair and Partner tions. Having been involved in the grant-making process as a past leader of the Bar Associa- tion, I know an organization does not become a grantee of the Bar Foundation without being care- fully vetted. The Bar Foundation is e!cient in its work and knowledgeable about the legal services community. The grantee agencies are all “blue chip” organizations. The Foundation continues to

excel as an organization that fosters a collection of Lyons Jeff by Photo U.S. District Court Judge C. Darnell Jones II (left) is greeted by Vice Chan- worthy organizations that need resources. Giving cellor Albert S. Dandridge III at a ceremony where Judge Jones’ portrait to the Bar Foundation is a very easy “give” for me was unveiled in City Hall on June 11. Judge Jones is former president judge of the Philadelphia Court of Common Pleas. Dandridge presented to make. remarks on behalf of the Bar at the ceremony.

philadelphiabar.org July 2013 Philadelphia Bar Reporter 17 PRO BONO SPOTLIGHT: SENIORLAW CENTER Three Generations Serve Philadelphia’s Seniors

I By Richard J. Conn and 0e late patriarch of our family, Joffrey client has no substantial assets, to provide wide variety of people whose only com- Jason Belmont Conn B. Conn, volunteered with the organiza- the client with the comfort of knowing mon thread is that they have lived long tion for more than 20 years. He did it that he or she has recognized important enough to qualify for services. Finally, we F  , SLAW C out of an old-fashioned sense of duty, people by bequeathing personal belong- have also been enriched by knowing, and has proudly served seniors in our com- professional responsibility and personal ings to them. And, then there are the sad working with, the talented and dedicated munity. 0e need for the organization’s obligation to share with those in need. He times, when assistance is vitally necessary staff at SeniorLAW Center. services is at an all-time high and only is an example of the many sole and small to prevent neglect or abuse. We encourage all lawyers to take ad- increasing. Twenty percent of Pennsyl- practitioners who do pro bono work 0e clients are not always right, their vantage of the opportunities SeniorLAW vanians are now age 60 or older and as part of their normal routine without legal positions are not always winners, Center provides to do meaningful pro this population needs attorneys who much fanfare. and sometimes they can be just the least bono work, and to support it financially, can respond to its legal needs to provide But we are sure that we speak for bit stubborn, but by having a lawyer so that it will continue to be a valuable assistance with issues relating to housing, each and every attorney who has taken on their side they can have their day in resource for many years to come. Person- elder abuse, financial exploitation, con- assignments from SeniorLAW Center, in court, know that their dignity has been ally, we hope to continue to have these sumer problems, grandparent custody, large or small firms, in-house counsel or recognized, and in turn feel better about opportunities for many years, and maybe and personal and end-of-life planning government counsel, when we say that we the legal system as a whole. Although even another generation. needs. do it gladly and as part of our responsibil- these statements could apply to anyone 0e commemoration of SeniorLAW ity to the public and the profession. who seeks legal assistance – young or old, Richard J. Conn and Jason Belmont Conn are Center’s 35th Anniversary has been 0e cases referred by SeniorLAW rich or poor, without organizations like father and son. Richard Conn is a sole practi- an opportunity for us to reflect on our Center are not always complex, but they SeniorLAW Center, access to the courts tioner and a member of the Board of Directors family’s long and continuing relationship are important and can make a big differ- and to justice would not be available to of SeniorLAW Center and has served as a with this invaluable organization. 0ree ence to the people who seek our help. For many who need it. volunteer attorney for its clients for the past 35 generations of our family have volun- instance, in a business or landlord and And the lawyers who volunteer do get years. Jason Belmont Conn is Assistant Deputy teered pro bono for SeniorLAW Center tenant dispute, a lawyer can provide a personal rewards. 0ere is the genuine General Counsel at Comcast Corporation and our family has served the organiza- voice to someone who has been ignored, gift of feeling good about yourself and and began serving as the third generation of tion’s clients since the Center’s founding or avoided, because he or she is not the heartfelt gratitude we get again and SeniorLAW Center volunteers from his family in 1978. We have passed the importance perceived as being important or powerful. again from our clients. 0ere is also the in 2007 when he began his legal career at a of service from generation to generation. Or we may prepare a will, even when the more tangible benefit of valuable experi- Philadelphia law firm. For more informa- ence working on matters that may not tion on SeniorLAW Center, please visit www. otherwise come up in the office, or in the seniorlawcenter.org. courtroom, and in interacting with the

Jason Belmont Conn (left) is a third-generation volunteer for SeniorLAW Center. Richard J. Conn has volunteered for 35 years and is a member of the organization’s Board of Directors.

18 Philadelphia Bar Reporter July 2013 philadelphiabar.org By Skinny D’Bockol Feasts to Famine Flex Your Mussels at Goat Hollow

Goat Hollow Adam Glickman, is an alumnus of the adorned with leeks, immersed in white 300 W. Mount Pleasant Ave. forces behind the kitchen at Monk’s Café, wine and frequented by chile de arbol; (267) 428-5672 the Center City haven for friendly com- #3 (“Sedgwick”), an herbal moules-mass www.goathollow.com fort food. 0e carryover of comfort clas- in red wine, upon which scurry tomato sics and pleased patronage is unmistak- bits; and #4 (“Durham”), perfumed by I     - able, and Chef Glickman has remained basil, white wine and mozzarella. If you sia. 0e newest prideful brewing creates coctions of mussels and “frites,” here is a prescient beacon for accompanying his order all four, you may share and play as aftertastes of chocolate, coffee, cherries, the brasserie to order “C’Heart Blanche.” accomplishments amidst novel, richly if the table were a “Lazy Susan.” Flex your oranges, pine, grapefruit, grass, birch, Moreover, the olfactory and oral oases flavored brews. mussels. Just remember to hold onto that chamomile and/or wet hay. Bert and at this long silk-shaded lit bar, can make Split “Pickled Pork Belly Dumplings,” puffy roll you rode in on. Harry are so far away. your nostrils expand exponentially, and a starter ($9), to whet appetites. Pork, Kindly order the Goat’s Fried Oyster I order a Yeungling Lager ($4) to join your lips purse profusely. 0ere exists a shallots, shitake mushrooms, pickled Sandwich (sans bread if you wish) ($10). me and the Smoked Brisket with greens mellifluous smell of a myriad draft beers, daikon and cabbage swirl forward as each 0e marine bivalves arrive asleep, covered and horseradish sauce ($11), magnificent- cask beers and poured from bottled dumpling is squeezed to fit a bite upon in golden breadcrumbs atop verdant let- ly crowned and drowned in just-melted beers. one’s tongue. 0e velvety brown-bubbled tuce. 0ree sauces share the bed, one of provolone ($11). Ask for more remoulade 0is is an upscale blue-collar neigh- casings are as thin-skinned as a judge which is an unforgettable pink, ribald re- as well. Fried spuds appear to be a Harpo bors’ shebang with an eclectic crowd of whose opinion has been reversed, and moulade, into which you will be dousing Marx wig atop the highest edge of the artists, weavers, stocking knitters, hatters, featured in that day’s Legal Intelligencer. even your fingers. 0e oysters are nestled platter, and a smiling quartered pickle furriers, factory workers, printers, bak- 0e pickling tickles, to hasten swallowing so cozily that you hate to disturb them. at its bottom seems to get the joke. 0e ers and candle-stick-makers. And most between gently grinding jaws. But, you won’t regret having prodded brisket is pull-apart mauve at its smokey importantly to lawyers, who are transfixed But save most of your energy for the them awake, dunked them in sauciness center and tenderly burly around its by fabulous bivalve mollusks, fries and “race for the mussels.” “Moules Et Frites” and pompously chewed them to oblivion. edges, emboldened by the promiscuously extraordinary hops: other like-minded at- ($10 per pound): #1 (“Goat Hollow”) 0e warm spiced pieces, bedmate by bed- placed provolone. Dip a forkful in the torneys. 0e atmosphere is “neoteric-tap- are blatantly beer-bathed and battered mate, are swallowed with an unavoidable remoulade, corralling the meat into its py-with-soundless-overhead-sports-TV.” by caramelized onions and house-cured snort, in pillowed gulps. resting place between your lips, and allow To your left as you enter, a “standard” tasso. 0e steaming bouncy succulents Have at elbow’s length a draft of Sly your mind to wander aimlessly, without brick faux-façade and a low mid-room are viewed by a crowd of spec“tators,” Fox O’Reilly’s Stout ($5.50), Pam Belgian a worry. 0en linger over lager. Chef iron Vermont fireplace ruminate as thin, perfectly dried fries. 0ey seem to be Amber ($6), Old Dominion Cherry Glickman’s tutelage pervades and prevails. garnish. Every table is butcher block and cheering you toward a favored mollusk. A Blossom Lager ($6), Weyerbacher Heresy without linen; chairs mahogany. 0e well-padded roll straddles the edge of the ($6) or Dock Street West of Center Pale MACTE VIRTUTE; FLOREAT ceilings and many walls are black and bowl like an overseer. It sits solely to sop Ale from a cask. I’m one who grew up industrial. 0ere are brighter rooms to up the underlying broth as you progress with Schmidts, Ballantine, Blatz, Piels, Skinny D. Bockol ([email protected]), a occupy, including one thinner rectangle with reigning in and devouring the sweat- Pabst Blue Ribbon and Miller High Life sole practitioner, is an advisory editor of the behind the brick wall, but the barroom is ing morsels. 0rowing their pearly black in quart bottles. 0ey tasted, to me, Philadelphia Bar Reporter. Read his reviews made the most interesting with its parade shells into an auxiliary large bowl is an like thirst-quenching liquids redolent of online at bockol.com. of wonderful, unadorned Mount Airy- afterthought. 0e fare is sublimely fresh. malts, alcohol and hopped-up ambro- headed personalities. Variations occur with other varieties on Goat Hollow’s well-seasoned chef, the same theme: #2 (“Lincoln Drive”),

witnesses who are unwilling to give a Mongeluzzi reasonable answer. In one case Monge- continued from page 6 luzzi described, the deponent would not provide an estimate of how far away a depositions and, in one instance, being power line was from a house. Mongeluzzi deposed himself. He explained that he got the witness to agree that the wire was was very nervous going into the deposi- located somewhere between one inch tion, but that after the lawyers asked him away, and the 93 million mile distance the preliminary background questions between the earth and the sun. When the he became more relaxed. As a result, witness said that this was the best ball- Mongeluzzi now tends to jump right park estimate he could provide, Monge- into the heart of the case at the beginning luzzi asked him if that response was just of the deposition by asking substantive as honest and truthful as all of his other questions at the outset. He showed a clip testimony. from a deposition where he got a key admission by using this method. Benjamin F. Johns ([email protected]) an Mongeluzzi also described a deposition associate with Chimicles & Tikellis LLP, is technique called “foot or a mile,” which an associate editor of the Philadelphia Bar can be helpful in dealing with coached Reporter. philadelphiabar.org July 2013 Philadelphia Bar Reporter 19 HEALTH CARE REFORM UPDATE FROM USI AFFINITY Additional Info on COBRA, Form 720, Wellness

I By Brian McLaughlin the May 2013 changes, visit http://www. the health care law today, by issuing final Today’s final rules ensure flexibility for dol.gov/ebsa/cobra.html. rules on employment-based wellness pro- employers by increasing the maximum W  ’ , ’ 0e IRS has issued a revised Form grams. 0e final rules support workplace reward that may be offered under ap- like to provide additional information 720 for purposes of reporting and paying health promotion and prevention as a propriately designed wellness programs, on three topics: 0e COBRA Model the patient-centered outcomes research means to reduce the burden of chronic including outcome-based programs. 0e Election Notice, the revised Form 720 fee (the PCOR Fee) by July 31. Part II illness, improve health and limit growth final rules also protect consumers by for purposes of reporting and paying the of the Form now contains a specific line of health care costs, while ensuring that requiring that health-contingent well- patient-centered outcomes research fee item for the PCOR Fee. 0e instructions individuals are protected from unfair un- ness programs be reasonably designed, (the PCOR Fee) and lastly, final rules on also indicate that self insured plans can derwriting practices that could otherwise be uniformly available to all similarly employment-based wellness programs. use any reasonable method for calculat- reduce benefits based on health status. situated individuals, and accommodate 0e DOL has revised its model CO- ing the average number of lives for plan 0e final rules continue to support recommendations made at any time by BRA election notice to help make quali- years ending in calendar 2012 that are “participatory wellness programs,” which an individual’s physician based on medi- fied beneficiaries aware of other coverage subject to the first filing date (July 31), as generally are available without regard cal appropriateness. options available in the new Marketplace. opposed to the more detailed methodolo- to an individual’s health status. 0ese 0e final rules will be effective for plan As with all earlier model notices, in order gies spelled out in earlier guidance. 0is include programs that reimburse for the years beginning on or after Jan. 1, 2014. to use this model election notice properly, relief will also extend to some additional cost of membership in a fitness center; 0e rule was issued May 29. To view the plan administrator must complete it plan years subject to being filed and paid that provide a reward to employees for the final rule visit http://www.ofr.gov/ by filling in the blanks with the appropri- in 2014, as well. attending a monthly, no-cost health edu- inspection.aspx ate plan information. Use of the model 0e revised form can be found at cation seminar; or that reward employees election notice, when appropriately http://www.irs.gov/pub/irs-pdf/f720. who complete a health risk assessment, Brian McLaughlin (Brian.McLaughlin@ completed, will be considered by the pdf and the instructions are available at without requiring them to take further usiaffinity.com) is vice president of USI Affin- DOL to be good faith compliance with http://www.irs.gov/pub/irs-pdf/i720.pdf action. ity’s Benefit Solutions Group. For more infor- the election notice content requirements Form 720 is a quarterly excise tax 0e rules also outline standards for mation about insurance and benefits options of COBRA. form, but the PCOR Fee is only filed nondiscriminatory “health-contingent for Philadelphia Bar members, visit http:// For more information, visit: with the second quarter filing and relates wellness programs,” which generally www.mybarinsurance.com/philadelphiabar/ t5FDIOJDBM3FMFBTFIUUQXXXEPM to the plan year ending in the prior calen- reward individuals who meet a specific For more than 75 years, the divisions of USI Af"nity have de- gov/ebsa/pdf/tr13-02.pdf dar year. 0e instructions provide more standard related to their health. Examples veloped, marketed and administered insurance and "nancial t.PEFM/PUJDFGPSFNQMPZFSTXIPPG- detailed methodologies for determining of health-contingent wellness programs programs that offer af"nity clients and their members unique fer a health plan to some or all employees average lives for subsequent filings and include programs that provide a reward advantages in coverage, price and service. As the endorsed broker of the Philadelphia Bar Association and more than 30 other http://www.dol.gov/ebsa/pdf/FLSAwith- also provide instructions for filers that use to those who do not use, or decrease their state and local bar associations, and with more than 30,000 at- plans.pdf the Form 720 for other excise taxes, as use of, tobacco, or programs that reward torneys insured, USI Af"nity has the experience and know-how t.PEFM/PUJDFGPSFNQMPZFSTXIPEP well. PCOR Fees for insured plans will be those who achieve a specified health- to navigate the marketplace and design the most comprehensive not offer a health plan http://www.dol. paid directly by the carriers. related goal such as a specified cholesterol and innovative insurance and bene"ts packages to "t a "rm’s individual needs. gov/ebsa/pdf/FLSAwithoutplans.pdf 0e U.S. Departments of Health and level, weight or body mass index, as well For the revised COBRA model elec- Human Services, Labor and the Treasury as those who fail to meet such goals but tion notice, including a redline version of continued to move forward to implement take certain other healthy actions.

judicial independence is a culture in Justice O’Connor which people respect the rule of law. continued from page 1 Education is the key to creating that culture. For her part, since retiring, lic perceives judges to be influenced by Justice O’Connor has been working campaign contributions, even scrupu- with experts in the law, technology and lous judges are losing the confidence of education to develop www.iCivics.org the people. for teachers and students alike. 0e Beyond the serious problem cre- website includes lesson plans and social ated by the fact that so many people networking tools, as well as 17 free perceive judges to be politicians in games, some of which allow students robes, a number of recent studies indi- to play the role of a lawyer, judge or cate that judges can be influenced by member of Congress, and other games campaign contributions. Judges who that teach the art of effective legal writ- need to raise money to keep their jobs ing. 0is tool is now available, as is a or support their children are having a new iPad app – Pocketlawfirm – and harder time living up to the promise Justice O’Connor encouraged all to to provide justice to the rich and poor take advantage of the free resources. alike. To end this problem, Justice O’Connor encouraged the Bar As- Heather J. Austin (heather.austin@ sociation to continue efforts to reform wilsonelser.com), an associate with Wilson

the judicial selection process. But she Elser Moskowitz Edelman & Dicker LLP, Lyons Jeff by Photo said that is not enough. is Editor-in-Chief of the Philadelphia Bar Nearly 900 people attended the June 12 program at the Hyatt at The Bellevue, where 0e best defense to threats against Reporter. Justice Sandra Day O’Connor (ret.) discussed judicial selection and civics.

20 Philadelphia Bar Reporter July 2013 philadelphiabar.org CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled Rules and Procedure Committee: meet- Board Room. event may be subject to change by the committee or section chairs. Lunches are $8 for mem- ing, 12 p.m., 11th floor Conference Tuesday, July 23 bers and $12 for non-members, unless otherwise indicated. Center. Lunch: $8. Compulsory Arbitration Committee: Monday, July 1 Lunch: $8. Tuesday, July 16 meeting, 12 p.m., 10th floor Board Family Law Section: meeting, 12 p.m., Intellectual Property Committee: meet- Cabinet: meeting, 12 p.m., 10th floor Room. Lunch: $8. 11th floor Conference Center. Lunch: ing, 12 p.m., 11th floor Committee Board Room. Real Property Section: meeting, 12 $8. Room South. Lunch: $8. Civil Rights Committee: meeting, 12 p.m., 11th floor Conference Center. Tuesday, July 2 Thursday, July 11 p.m., 11th floor Committee Room Lunch: $8. Delivery of Legal Services Committee Delivery of Legal Services Committee South. Lunch: $8. Employee Bene!ts Committee: meet- Management Subcommittee: meeting, 9 Management Subcommittee: meeting, 9 Alternative Dispute Resolution Com- ing, 12:30 p.m., 11th floor Committee a.m., 10th floor Board Room. a.m., 10th floor Board Room. mittee: meeting, 12 p.m., 11th floor Room South. Lunch: $8. Legislative Liaison Committee: meet- Thursday, July 4 Conference Center. Lunch: $8. Wednesday, July 24 ing, 12 p.m., 10th floor Board Room. Independence Day: Bar Association of- Wednesday, July 17 Medical Legal Committee: meeting, 12 Lunch: $8. fices closed. Business Law Section Executive Com- p.m., 10th floor Board Room. Lunch: Law School Outreach Committee: meet- mittee: meeting, 12 p.m., 11th floor $8. Tuesday, July 9 ing, 12 p.m., 11th floor Conference Committee Room South. Cyberspace and E-Commerce Com- Committee on the Legal Rights of Per- Center. Young Lawyers Division Cabinet: meet- mittee: meeting, 12 p.m., 11th floor sons with Disabilities: meeting, 9 a.m., Government and Public Service Lawyers ing, 12 p.m., 10th floor Board Room. Conference Center. Lunch: $8.50. 11th floor Committee Room South. Committee: meeting, 3 p.m., 10th floor Federal Courts Committee: meeting, Criminal Justice Section Executive Com- Board Room. Thursday, July 25 12:30 p.m., 11th floor Conference Cen- mittee: meeting, 12 p.m., 11th floor LRIS Committee: meeting, 12 p.m., Friday, July 12 ter. Lunch: $8. Committee Room South. 11th floor Committee Room South. Workers’ Compensation Section Execu- LegalLine: 5 p.m., 11th floor LRIS Real Property Section Executive Com- Law School Outreach Committee: meet- tive Committee: meeting, 10:30 a.m., offices. mittee: meeting, 12 p.m., Ballard Spahr ing, 12 p.m., 11th floor Conference 11th floor Committee Room South. LLP, 1735 Market St., 51st floor. Thursday, July 18 Center. Workers’ Compensation Section: meet- Solo and Small Firm Committee: meet- Family Law Section Executive Com- Elder Law Committee: meeting, 12 p.m., ing, 12 p.m., 11th floor Conference ing, 12 p.m., 11th floor Conference mittee: meeting, 12 p.m., 11th floor 10th floor Board Room. Lunch: $8. Center. Lunch: $8. Center. Lunch: $8. Board of Governors: The Philadelphia Lawyer magazine Edi- Committee Room South. meeting, 4 p.m., Law School Outreach Committee: meet- 10th floor Board Room. Wednesday, July 10 torial Board: meeting, 12:30 p.m., 10th ing, 12 p.m., 11th floor Conference Delivery of Legal Services Commit- floor Board Room. Tuesday, July 30 Center. tee: meeting, 9 a.m., 10th floor Board Criminal Justice Section: meeting, 12 Monday, July 15 Business Litigation Committee: meeting, Room. p.m., 11th floor Conference Center. Public Interest Section Executive Com- 12 p.m., 11th floor Conference Center. Immigration Law Committee: meeting, Lunch: $8. mittee: meeting, 12 p.m., 10th floor Lunch: $8.50. 12 p.m., 11th floor Conference Center. Women in the Profession Committee: Board Room. Friday, July 19 meeting, 12 p.m., 10th floor Board Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks Social Security Disability Bene!ts Com- Room. Lunch: $8. for luncheons and programs should be made payable to the Philadelphia Bar Association and mittee: meeting, 12 p.m., 11th floor Wednesday, July 31 mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, PA 19107-2955. Send Conference Center. Lunch: $8. LGBT Rights Committee: meeting, 12 Bar Association-related calendar items 30 days in advance to Jeff Lyons, Senior Managing Edi- Monday, July 22 p.m., 11th floor Committee Room tor, Philadelphia Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, Young Lawyers Division Executive Com- South. PA 19107-2955. Fax: (215) 238-1159. Email: [email protected]. mittee: meeting, 12 p.m., 10th floor

Simon also offered pointers on handling the Simon media. In the Knox case, Simon took proac- continued from page 4 tive steps to provide the legal analysts who frequently appear on the national news with a explained that the prosecution had selected this set of prepared talking points to highlight the knife as a potential murder weapon because it basic facts about the case. Simon also advised was “particularly clean.” 0e tests performed by against making a “no comment” remark to the prosecutors using a controversial method the press, because invariably that is something of DNA testing called low copy number found from which the public will draw a negative Knox’s “profile” on the handle and the victim’s conclusion. He gave an example of a high- 5IF1IJMBEFMQIJB#BS"TTPDJBUJPO GPVOEFEJO JTUIFPMEFTU on the blade. Simon noted that this low copy profile matter where he had just been retained BTTPDJBUJPOPGMBXZFSTJOUIF number methodology is very unreliable and and knew very little about the case. Simon said 6OJUFE4UBUFT would not pass Daubert in an American court- that he told the press there that his work was room. He found a DNA expert who wrote a preliminary, but that from speaking with the report that showed that there was no blood on suspect’s parents he could not imagine how the the knife, and completely undermined the test- allegations could be true. CONNECT WITH US ing and conclusions of the Italian prosecutors. In addition to not having any blood on it, this Benjamin F. Johns ([email protected]) an associ- PHILADELPHIABAR.ORG knife also did not match the victim’s wounds or ate with Chimicles & Tikellis LLP, is an associate a print found at the murder scene. editor of the Philadelphia Bar Reporter. philadelphiabar.org July 2013 Philadelphia Bar Reporter 21 PNC Perspectives Housing Rebound Fortifies Household Balance Sheets T   By Jackie B. Lessman tressed by rock bottom on U.S. households from mortgage rates and sig- the “Great Recession” is nificantly improved af- easing, according to the fordability. Even though PNC U.S. Household jobs and income growth Economic Stress Index have been modest, they (HESI)*. 0e HESI is have nevertheless been decline over the past year is much smaller and stronger pricing power of firms. a proprietary index that persistent. As a result, than the more than 11 percentage point However, with unemployment still high measures the amount of home sales are pick- turnaround in house price appreciation. and energy prices contained, inflation will stress household budgets ing up and the steady As is consistent with a healing economy, remain benign and is expected to average are feeling in response absorption of supply is layoffs are occurring at a very low pace. 2.1 percent in 2013. to changing macroeco- supporting home prices. However, lingering uncertainty among When do you foresee household nomic conditions. In Also, house price growth employers about the impact of Federal stress levels returning to a more normal this month’s interview, I sat down with is accelerating as the inventory of highly fiscal austerity and the resilience of the level? Stuart Hoffman, chief economist for affordable “distress” homes is absorbed economic recovery is restraining the pace It will take at least until 2016 for the 0e PNC Financial Services Group, Inc. and markets are left with more expensive of hiring. As a result, there is little “churn” economy to approach full employment, who serves as the principal spokesperson non-foreclosed properties. that characterizes healthy labor markets. which means that although things are on all economic issues for the company. Has lower inflation helped to ease How is the HESI likely to behave moving in the right direction, a return to He explained some of the nuances of the the stress on household budgets? throughout the remainder of this year? “normal” levels of stress for households is HESI. To a lesser extent, benign consumer Looking ahead, our national HESI will still several years away. Does the HESI reflect any easing in price inflation is relieving some stress on likely edge up until the fourth quarter “household stress,” given some of the households. Annual CPI growth ranged of 2013 before it resumes its down- Jackie Byrne Lessman, CFP® (jacqueline. improvements that we have seen in the from 1.7 percent to 1.9 percent between ward trend. House price appreciation [email protected]; 215-585-5831), PNC economy? the second and fourth quarters of 2012. is expected to cool off throughout the Wealth Management Senior Vice President. Indeed, the U.S. HESI has declined for Last year’s drought had also led to record rest of 2013 as the rush to acquire cheap For more information, visit pnc.com/wealth- six consecutive quarters, thanks in large crop prices over the summer but the pass- housing dissipates and the initial rebound management part to a healing housing market. 0e through to broader inflation was limited in prices gives way to a trend pace of ap- * Household Economic Stress Index = (unemployment rate) + (CPI in!ation rate over the past year) – (Case-Shiller home price national S&P/Case-Shiller home price because food comprises a relatively small preciation whereby prices rise in line with index rate of change over the past year). A higher value indicates index rose 7.4 percent from a year ago in share of the CPI basket in the U.S. It’s ac- income and demographic trends. a higher level of stress. the fourth quarter – the third consecu- tually unemployment, not inflation, that What are your expectations for un- The material presented in this article is of a general nature and employment and inflation for 2013? does not constitute the provision by PNC of investment, legal, tive increase since Spring 2010 when the is the overriding concern for monetary tax or accounting advice to any person, or a recommendation to first-time homebuyer’s tax credit expired. policymakers. Despite ongoing payroll growth, the buy or sell any security or adopt any investment strategy. Opin- Rising home values are easing the pressure What effect has persistent unem- unemployment rate will come down ions expressed herein are subject to change without notice. The on household balance sheets by increasing ployment had on the HESI? gradually as moderate job creation is information was obtained from sources deemed reliable. Such information is not guaranteed as to its accuracy. You should seek the value of households’ assets (for many, 0e nation’s unemployment rate has partially offset by labor force growth. We the advice of an investment professional to tailor a "nancial plan their homes are their biggest asset) versus had a relatively small effect on moving the expect the jobless rate to decline to 7.3 to your particular needs. For more information, please contact their debts. U.S HESI’s value during the fourth quar- percent in the fourth quarter of 2013 PNC at 1-888-762-6226. The PNC Financial Services Group, Inc. (“PNC”) uses the names What are the primary reasons for the ter. 0e jobless rate declined to 7.8 per- from 7.8 percent in the fourth quarter of PNC Wealth Management®, Hawthorn, PNC Family Wealth® improvement we are seeing in the hous- cent in the fourth quarter of 2012 from 2012. Finally, consumer price inflation and PNC Institutional Investments® to provide investment and ing market? 8.7 percent in the fourth quarter of 2011. will likely edge up throughout 2013, wealth management, "duciary services, FDIC-insured banking products and services and lending of funds through its subsid- Demand for housing is being but- However, the nearly one percentage point thanks to improved aggregate demand iary, PNC Bank, National Association, which is a Member FDIC, and uses the names PNC Wealth Management® and Hawthorn, PNC Family Wealth® to provide certain "duciary and agency services through its subsidiary, PNC Delaware Trust Company. Brokerage and advisory products and services are offered through PNC Investments LLC, a registered broker-dealer and investment adviser and member of FINRA and SIPC. Insurance products and advice may be provided by PNC Insurance Services, Summer LLC, a licensed insurance agency af"liate of PNC, or by licensed insurance agencies that are not af"liated with PNC; in either Reception case a licensed insurance af"liate will receive compensation if you choose to purchase insurance through these programs. A decision to purchase insurance will not affect the cost or avail- Philadelphia Court of Common ability of other products or services from PNC or its af"liates. Pleas Judge Daniel J. Anders Hawthorn and PNC do not provide legal or accounting advice and (from left), LGBT Rights Commit- neither provides tax advice in the absence of a speci"c written tee Co-Chairs Michael L. Viola and engagement for Hawthorn to do so. Rebecca G. Levin, and Keith B. “PNC Wealth Management,” “Hawthorn, PNC Family Wealth” Joseph of Ballard Spahr LLP at the and “PNC Institutional Investments” are registered trademarks committee’s reception for sum- of The PNC Financial Services Group, Inc. mer associates on June 20 at the Investments: Not FDIC Insured. No Bank Guarantee. May Lose of!ces of Ballard Spahr LLP. Value. Insurance: Not FDIC Insured. No Bank or Federal Govern- ment Guarantee. May Lose Value. © 2013 The PNC Financial Services Group, Inc. All rights reserved. Photo by Mark Tarasiewicz Mark by Photo

22 Philadelphia Bar Reporter July 2013 philadelphiabar.org Kathryn G. Legge, a Carolyn Hochstadter, senior associate with of E. Carolyn Hoch- People Griesing Law LLC, stadter Dicker, LLC presented “0e Top and adjunct profes- Five Legal Consider- sor at 0e Wharton ations for your Social School, recently Deborah R. Willig, a Lawrence S. Felzer, Media Marketing served as a Judge partner with Willig, director of develop- Strategy” at the in the 10th Annual Williams & Da- ment and finance at GSMI Social Media Strategies Summit Ben Franklin Invitational hosted by the vidson and former SeniorLAW Center, on June 13 in New York City. University of Pennsylvania Law School. Chancellor of the was honored by the Philadelphia Bar Temple Law Alumni Robert M. Goldich, operating shareholder Deborah Epstein Association, has been Association with the for the Philadelphia office of Greenberg Henry, founder and named to the Board Diversity Leader- Traurig, LLP, has been elected president president of Law & of Directors of Juvenile Law Center. ship Award on June 10. He was honored of the Board of Directors of Family Ser- Reorder, discussed by Philly Pride Presents by being named vices of Montgomery County. “How To Make Eric H. Weitz, a Grand Marshal of Philadelphia’s 25th Temp or Contract partner with Messa Annual Gay Pride Parade on June 9. Valerie Harrison, vice president for legal Work Work for You” & Associates, P.C. affairs and general counsel at Arcadia at a New York State and vice chair of the Kathleen Shay, a University, has been elected to the Public Bar Association program in New York Board of Governors partner with Duane Interest Law Center of Philadelphia’s City on May 8. She was a speaker at a of the Philadelphia Morris LLP, has been Board of Directors. Latham & Watkins Women’s Leadership Bar Association, has appointed a member Academy program “How to Effectively been appointed to of the board of direc- Joseph D. Mancano, a partner with Pietra- Self Promote & Gain Executive Presence” the Board of Directors for the Pennsylva- tors of Pennsylvania gallo Gordon Alfano Bosick & Raspanti, in Chicago on May 15. nia Patient Safety Authority. Bio, the statewide LLP, has been elected to a three-year term trade association on the Board of Trustees of St. Joseph’s Neil C. Maskeri, an associate with Volpe David L. Hyman, a representing the commonwealth’s life Preparatory School. and Koenig, P.C., was recently named to managing partner science industry. Lawyers of Color’s Inaugural Hot List, with Kleinbard Bell Nina M. Gussack, a partner with Pep- which recognizes 100 early-to mid-career & Brecker LLP, has Carlton L. Johnson, a per Hamilton LLP, received the 2013 minority attorneys in the Eastern Region been selected by the partner with Archer Rainmaker Award from Transformative who have excelled in the legal profession. Economy League & Greiner P.C., was Leadership Awards at its recent annual of Greater Philadel- awarded the Temple dinner in New York City. Roberta D. Lieben- phia’s Leadership Ex- Law Alumni Associ- berg, a partner change Recruitment and Selection Com- ation Service Award Jay M. Levin, counsel to Reed Smith LLP, with Fine Kaplan mittee to participate in the 2013 Greater for exemplary service co-edited “Property Insurance Litiga- and Black, R.P.C., Philadelphia Leadership Exchange. to the Association. tor’s Handbook,” a guidebook outlining was recently named strategies and law for litigating a property Chair of Direct- Bernard M. Resnick, Phyllis Horn Epstein, insurance claim from the time of loss Women and gave a principal in Bernard a shareholder with through trial and appeal. speech at its Sandra M. Resnick, Esq., Epstein, Shapiro & Day O’Connor Board Excellence Award P.C., moderated the Epstein, PC, has Henry Yampolsky, Luncheon in New York City. Direct- entertainment law been elected as a Fel- a senior associate Women is the only national organization panel discussion low of the American with Galfand Berger, whose mission is to identify and train “Barely Legal,” on College of Tax LLP, was the keynote qualified and experienced women lawyers May 8 at the annual Counsel. speaker for a natu- to serve on the boards of public compa- MusExpo conference in Hollywood, ralization ceremony nies. Calif. Nancy J. Winkler, a on May 15 at the partner with Eisen- National Museum of Stewart Eisenberg, Ade B. Galloway, berg Rothweiler American Jewish History. co-founder and an associate with Winkler Eisenberg senior partner of Buchanan Ingersoll & Jeck P.C., has George F. Nagle, a Eisenberg, Rothwei- & Rooney PC, has been elected presi- partner at Sorin- ler, Winkler, Eisen- been named to the dent of the Philadel- Rand LLP, presented berg, & Jeck P.C., Lawyers of Color phia Trial Lawyers “Strategies for New was recently elected Hot List honoring Association. Markets Tax Credit to the American early- to mid-career Deals” at the 22nd Board of Trial Advocates. minority attorneys in the Eastern region. Thomas J. Giordano Annual ABA Forum Jr., a partner with on Affordable Hous- “People” highlights news of members’ awards, Theodore Simon, of Pond Lehocky Stern ing held in Washington, D.C. on May honors or appointments of a community or the Law Offices of Giordano, spoke to 23. civic nature. Send information to Jeff Lyons, 0eodore Simon, members of the MS Senior Managing Editor, Philadelphia Bar has been appointed Society in Phila- Gaetan J. Alfano, a partner with Pietra- Reporter, Philadelphia Bar Association, to the Board of delphia on June 5 gallo Gordon Alfano Bosick & Raspanti, 1101 Market St., 11th fl., Philadelphia, PA Directors of the where he discussed LLP, was recently re-elected to serve as 19107-2955. Fax: (215) 238-1159. E-mail: 0eodore F. Jenkins how different types of Social Security vice chairman of the Delaware River [email protected]. Color photos are also Memorial Law Disability may be available to those living Joint Toll Bridge Commission for the welcome. Library. with multiple sclerosis. 2013-2014. philadelphiabar.org July 2013 Philadelphia Bar Reporter 23 24 Philadelphia Bar Reporter July 2013 philadelphiabar.org