Vol. 75, No. 1 Philadelphia Bar Association Quarterly Magazine Spring 2012 Backstage With Rock N. Roll, Esq. BY M. KELLY TILLERY 10 Questions for A Man of Many Deborah R. Willig Primes BY NIKI T. INGRAM BY MICHAEL J. CARROLL Advertorial THE PHILADELPHIA L AW Y E R CONTENTS Vol. 75, No. 1 Philadelphia Bar Association Quarterly Magazine Spring 2012 FEATURES DEPARTMENTS 4 From the Editor BY DANIEL J. SIEGEL 6 Briefs 7 In Memoriam 9 Commentary BY PETER F. VAIRA Civil Practitioners Can Aid Defender Association 10 Advocacy BY RICHARD H. AGINS 24 The Impact of E-Verify on Small Business 13 Ethics 18 10 Questions for Deborah R. Willig BY DAVID I. GRUNFELD Deborah R. Willig, the first woman Chancellor of the Limited-Scope Agreements Allowed Under Rules of Philadelphia Bar Association, looks back on the 20 years since Professional Conduct her term BY NIKI T. INGRAM 15 Employment Law BY NATALIE F. HRUBOS 24 Backstage with Rock N. Roll, Esq. Three Key Lessons Every Employer Can Learn from Chaz Intellectual property attorney represents a litany of music stars Bono BY M. KELLY TILLERY 42 Technology 30 Annals of Justice: BY DANIEL J. SIEGEL Circumstantial Evidence What Google’s Privacy Policy Changes Mean for Attorneys A Philadelphia lawyer dresses down in court to boost his client’s chances 46 Book Review BY STEVE LACHEEN BY MARY-KATE BRESLIN Law & Reorder: Legal Industry Solutions for Restructure, 32 A Man of Many Primes: Retention, Promotion & Work/Life Balance Judge Ethan Allen Doty Attorney gets to know a Court of Common Pleas judge in the 48 That Was Then - 1972 twilight of the jurist’s career Law Day U.S.A. - May 1, 1972 BY MICHAEL J. CARROLL 38 Reflections on the 40th Anniversary of the Liacouras Committee A commission investigates charges of racial discrimination within the Pennsylvania bar admission process BY JUDGE RICARDO C. JACKSON 30 2 the philadelphia lawyer Spring 2012 ANNOUNCING… Philadelphia Bar Lawyer Profiles from the www.philadelphiabarlawyerprofiles.com Philadelphia Bar Association • Philadelphia Bar Lawyer Profiles is a new premium advertising opportunity exclusively for members of the Philadelphia Bar Association. • Enhance your business development efforts by having your full professional profile showcased on the website of the oldest association of lawyers in the United States. • Profile snapshots will rotate on the homepage of the Philadelphia Bar Association’s website, linking directly to the full attorney profile. • Participants also receive a customized link to their Philadelphia Bar Lawyer Profiles full-profile page, which they can use for promotional purposes on their website, blog, social media, and other marketing vehicles. • Only a limited number of profiles are available — sign up today! Don’t miss out on this special opportunity—Register Today! • Go to www.philadelphiabarlawyerprofiles.com or • Contact Matt Hartman at 215-557-2393 or [email protected] FROM THE EDITOR Call to Action BY DANIEL J. SIEGEL ometimes, it is hard to fathom the impact of this review every article and work hard to assure that every item we magazine. Yet over the past few months, I have come publish lives up to the magazine’s rich tradition; and the Bar to appreciate how many lawyers, judges and bar Association staff, who really do the major work and receive S executives not only read the magazine, but also ap- only a small share of the credit. preciate its unique focus and content. I am therefore calling upon you, our readers, to contribute In the last issue, for example, I wrote about my advisor, your stories, your insights and your knowledge to the magazine. Professor Sidney Wise of Franklin and Marshall College, and We are always in need of “department pieces,” which generally the book I am writing about his many address an area of practice or an protégés who serve in government, aspect of the law that may be business and other prominent changing. These relatively short positions – each of whom attributes items (normally around 750 words) much of his or her success to can be of great assistance to the Bar. this one influential professor. But we also welcome and encourage Within minutes of the magazine’s longer articles, on topics that can appearance (and nearly a week be as varied as our membership is before it arrived in my mailbox), diverse. If you have an idea, let us I received numerous emails from know, and we will help and guide former students and others who you. knew Sid, each offering yet another Turning to this issue, welcome tribute. As a result, just a few days to a microcosm of the rich tradition later, I met with a 3rd Circuit Judge of our Association. We have a whose career, in part, was the result wonderful “10 Questions” with of his close relationship with Dr. former Chancellor Debbie Willig, Wise. Similarly, other students who reflects on being the first offered reminiscences of how woman Chancellor 20 years after he had influenced their lives, all the fact. We also have a fascinating because they read my column. and eye-opening piece by Judge Even more impressive, however, Ricardo Jackson, who brings to life is the magazine’s reach to the Liacouras Commission, which others, who are not a part of the helps explain how far we have come Philadelphia legal community. as a profession, and how we arrived While sitting in the New Orleans here. airport on my way home from the And we also have Mike Carroll’s American Bar Association Midyear article about Judge Ethan Allen Meeting, at 6 in the morning, the Doty, who at one time was the executive director of a prominent oldest sitting judge in the country. state bar association saw me and A mentor to me, Judge Doty truly complimented me about the magazine, in particular our profile represents the good that the courts and law can do, and I have of Chancellor John Savoth. He remarked how the Philadelphia added my reminiscences to Mike’s piece. But all of these articles Bar Association has a reach far beyond the city, and how have a greater theme – the rich tradition of our Association and enlightening it was to learn about the association’s new leader. how it has in many ways been a leader in change, whether based As we were speaking, the executive director of another state on sex, on race, on religion or sexual orientation. No matter the bar association, who overheard our conversation, introduced topic, our legal community has never been afraid to do the right herself and began to praise our magazine, and the fact that thing. Hopefully, that message comes through in these articles. our content is far different, and at times far more compelling, Enjoy. than the information published by most other bar association publications. Daniel J. Siegel ([email protected]), the editor-in-chief of The Of course, the reason why The Philadelphia Lawyer is so Philadelphia Lawyer, is a local attorney who operates the Law Offices popular is the result of three factors – our loyal readers, who of Daniel J. Siegel, LLC and is the president of Integrated Technology contribute a wide array of material; our Editorial Board, who Services, LLC. 4 the philadelphia lawyer Spring 2012 The Philadelphia Lawyer EDITOR-IN-CHIEF Daniel J. Siegel Editorial Board Niki T. Ingram Jennifer J. Snyder Justine Gudenas Steven R. Sher May Mon Post David I. Grunfeld Stephen Robert LaCheen Harold K. Cohen John C. Gregory Richard G. Freeman April M. Byrd Emmanuel O. Iheukwumere Audrey C. Talley Michael J. Carroll James Backstrom Peter F. Vaira Deborah Weinstein M. Kelly Tillery Kim R. Jessum Editor Emeritus Herman C. Fala Associate Executive Director Mark A. Tarasiewicz Senior Managing Editor Jeff Lyons Design Wesley Terry Philadelphia Bar Association CHANCELLOR John E. Savoth Chancellor-Elect Kathleen D. Wilkinson Vice Chancellor William P. Fedullo Secretary Sophia Lee Assistant Secretary Jacqueline G. Segal Treasurer The Philadelphia Lawyer, printed with soy inks on recycled paper, is published quarterly in March, June, September and Joseph A. Prim Jr. December by the Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2955. Telephone: (215) Assistant Treasurer 238-6300. E-mail: [email protected]. Subscription cost for members is $5 which is included in annual dues, and Wesley R. Payne IV for nonmembers is $45 yearly. The opinions stated herein are not necessarily those of the Philadelphia Bar Association. All manuscripts submitted will be carefully reviewed for possible publication. The editors reserve the right to edit Executive Director all material for style and length. Advertising rates and information are available from Don Chalphin, Sales Director, Kenneth Shear ALM, 1617 JFK Boulevard, Suite 1750, Philadelphia, PA 19103, (215) 557-2359. Periodicals postage at Philadelphia and additional locations. POSTMASTER: please send changes to The Philadelphia Lawyer, c/o Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, PA 19107-2955 the philadelphia lawyer Spring 2012 5 HELP WANTED ■ BDISCOUNTS ■ GIVINGrBACKi■ INefMEMORIAM ■ SMARTsEVIDENCE ■ RECRUITING BriBri efef ss More Than One Fourth of Lawyers To Hire in Second Quarter ore than one-quarter (26 percent) of lawyers M surveyed plan to hire full- time legal staff during the second quar- ter of 2012, while 4 percent anticipate staff reductions, according to figures from Robert Half Hiring Index. hiring activity projected last quarter. Legal. “As the number of bankruptcies, The net 22 percent increase in hiring Lawyers interviewed plan to add an foreclosures and lawsuit filings activity compares with a net hiring average of two full-time positions. continues to increase, the need for increase of 27 percent forecast in the • The three most in-demand positions legal counsel in these areas should first quarter of this year.