July 2007 - Philadelphia Bar Association

Transcription

Philadelphia
®
The Monthly Newspaper of the Philadelphia Bar Association
Vol. 36, No. 7
July 2007
Wachovia
Fidelity Award
Deadline Oct.12
Nominations are now Being accepted for the Philadelphia Bar Association’s
2007 Wachovia Fidelity Award, presented
annually to a member of the Association,
who through volunteer activities, rendered over a considerable period of time,
has made significant improvements to the
administration of justice.
Bench-Bar Guide
Pullout guide to 2007
Bench-Bar Conference inside.
The criteria for the award are:
• Significant accomplishments in
improving the administration of justice
(preferably in Philadelphia);
• The absence of prior recognition for
this work by the Philadelphia Bar Association;
• Distinguished service consistently rencontinued on page 17
Chancellor Jane Dalton honors 70-Year Club member Murray H. Shusterman before the June 7 Quarterly Meeting and
Luncheon. Keynote speaker Gwen Ifill (below) meets with Chancellor-Elect A. Michael Pratt before the event.
Much Expected of Lawyers, Ifill Says
In This Issue
n By Molly Peckman
5 Judge Green Tribute
8 The Next Great City
9 O’Connor Award
10 Doing People’s Work
Photos by Jeff Lyons
Journalism and law are two professions with a great
deal in common. When done well, both are uplifting professions that change lives but they are professions from which the
public expects much, according to Gwen Ifill, who delivered
the annual Judge A. Leon Higginbotham Jr. Memorial Public
Interest Lecture at the Association’s June 7 Quarterly Meeting.
Ifill, moderator and managing editor of PBS’ “Washington
Week,” and senior correspondent for “The News Hour with
Jim Lehrer” described her Philadelphia roots including her
father’s ministry in North Philadelphia. Ifill said her father
knew Judge Higginbotham and hoped his children would grow
continued on page 19
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Philadelphia Bar Reporter July 2007
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philadelphiabar.org
Frontline
Editor-in-Chief
Sunah Park, Esq.
Associate Editors
Heather J. Holloway, Esq.
Stacey Z. Jumper, Esq.
Asima Panigrahi, Esq.
Brian K. Sims, Esq.
Contributing Editor
Richard Max Bockol, Esq.
Advisory Editors
Bruce H. Bikin, Esq.
Molly Peckman, Esq.
Marc W. Reuben, Esq.
Director of Communications
Mark A. Tarasiewicz
Senior Managing Editor
Jeff Lyons
Copy Editor
Adrienne Cornwall
Executive Director
Kenneth Shear
The Philadelphia Bar Reporter (ISSN 1098-5352) is
published monthly and available by subscription for $45
per year by the Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. Periodicals postage paid at Philadelphia, Pa. POSTMASTER:
Send address changes to Philadelphia Bar Reporter,
c/o Philadelphia Bar Association, 1101 Market St., 11th
floor, Philadelphia, Pa. 19107-2911. Telephone: (215)
238-6300. Association Web site: philadelphiabar.org.
Newspaper e-mail address: [email protected].
The editorial and other views expressed in the Philadelphia Bar Reporter are not necessarily those of the
Association, its officers or its members. Advertising
rates and information are available from Howard Hyatt
at MediaTwo, 1014 W. 36th St., Baltimore, MD, 21211.
Telephone: (410) 902-5797.
Page 1 skyline photo by Edward Savaria, Jr./PCVB
Tell Us
What You Think!
The Philadelphia Bar Reporter
welcomes letters to the editors
for publication. Letters should
be typed. There is no word limit,
but editors reserve the right to
condense for clarity, style and
space considerations. Letters must
be signed to verify authorship,
but names will be withheld upon
request. Letters may be mailed,
faxed or e-mailed to: Jeff Lyons,
Senior Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar
Association, 1101 Market St., 11th
floor, Philadelphia, Pa. 191072911. Phone: (215) 238-6345. Fax:
(215) 238-1159. E-mail: reporter@
philabar.org.
philadelphiabar.org
Grow Personally, Professionally:
Help Others with Pro Bono Work
When I graduated from law school,
I understood that it was a privilege to
practice law and that in return for that
privilege, lawyers had the obligation to
give back to those in their community.
Shortly after I began to practice at Duane
Morris LLP, I volunteered to take cases
for the Support Center for Child Advocates. I continued to take Support Center cases for several years. My first son
was born in the summer of my second
year of law school and my daughter was
born when I was a second-year associate.
I was honored by the opportunity to give
back to children who were economically
disadvantaged and who lacked the love
and support available to my children.
The Center’s cases also provided me
with the opportunity to handle matters
on my own, including direct and crossexamination of expert medical witnesses.
Handling those matters was rewarding for
me, personally and professionally.
Since that time, pro bono cases have
continued to play an important role in
my career. Over the years, I have taken
cases from the plaintiff’s employment
panel in the Eastern District of Pennsylvania. I have supervised many associates
in various pro bono assignments. It has
been a pleasure to encourage them to use
their legal talents on matters that are as
important to their pro bono clients as any
matter is to a client of the firm.
Last year, I assisted a mother who
had custody of her son, who was then
entering his senior year of high school.
His father had filed a petition for custody because he wanted his son to play
varsity football with his stepbrother, a
sophomore who was enrolled at another
a bylaw in 2002 requiring each Board
school. I worked with the mother to
member not already in public service to
assemble the resources needed to fight
accept one new pro bono case per year. As
the petition, including several documents
leaders it is our obligation to do our part.
from the school where
There remains an
her son had a lot of
urgent
need for legal
By Jane Dalton
support and encourageservices for the ecoment. Ultimately, the
nomically and socially
father did not pursue the
disadvantaged. Imagine
custody issue but moved
what a difference it
so the boy’s stepbrother
would make if every
could play in the same
lawyer reading this article
school. The mother was
volunteered for one new
most relieved and gratepro bono legal matter.
ful that her son would
There are a vast numnot be uprooted in his
ber of organizations that
last year of high school.
need your help, includI am working on a
ing Homeless Advocacy
name change application for a Hispanic
Project, Philadelphia Volunteers for the
mother whose son’s last name includes his
Indigent Program and the Consumer
father’s name and her name. The father
Bankruptcy Assistance Project (profiled
has not participated in the raising or
by Bar Foundation President Elaine Rinsupport of his son and cannot be located.
aldi on Page 6). Countless others rely on
The son is teased at school because of his
the generosity of lawyers who are willing
double name and wants to have only the
and able to give their time to those who
mother’s name. Spanish-speaking support
normally would go unrepresented.
staff from Duane Morris are assisting
By embracing pro bono work as an
with translation issues. The mother has
opportunity rather than a requirement,
been thrilled to have the assistance in the
we as attorneys are able to develop skills
process that otherwise would prove to be
that will serve us well long into our legal
very daunting.
careers, all while serving others. We all
Why am I sharing these personal pro
have busy schedules, but performing
bono stories? Many of us have answered
pro bono work helps us grow into better
the call to provide pro bono assistance in
lawyers and better people.
addition to our daily work. Some matters
are more time intensive and time conJane Dalton, a partner at Duane Morris LLP,
suming than others. But it is people and
is Chancellor of the Philadelphia Bar Ascases like these that reaffirm the vitality of
sociation. Her e-mail address is Chancellor@
pro bono work to our community.
philabar.org.
Our Board of Governors adopted
Association’s Nominating Commitee Formed
The Nominating Committee of the
Philadelphia Bar Association has been
formed. Committee members are Alan
M. Feldman, Chair, Gaetan J. Alfano,
Michael G. Balent, Hope Caldwell,
Andrew A. Chirls, Merritt A. Cole, Jane
Leslie Dalton, Jeffrey L. Dashevsky,
Patricia A. Dubin, William P. Fedullo,
Laura A. Feldman, Sidney L. Gold,
Michael B. Hayes, Kim R. Jessum, Sayde
J. Ladov, Linda M. Martin, Scott A.
Mayer, Joseph S. Mitchell III, A. Michael
Pratt, G. Bradley Rainer, Stephanie
Resnick, Stacy A. Tees and Stewart M.
Weintraub. Association Secretary John E.
Savoth serves as a non-voting member of
the committee.
The committee has scheduled dates
for its next meetings. They are Thursday,
Sept. 6, 2007, at 12 p.m., Wednesday,
Oct. 11, 2007 at 3:30 p.m. and Thursday,
Oct. 12, 2007, at 3:30 p.m.
Offices for which candidates are being
solicited are vice chancellor, secretary,
assistant secretary, treasurer, assistant
treasurer, and five seats on the Board
of Governors, three of which are to be
nominated by the Nominating Commit-
tee. Each Board seat carries a three-year
term.
Individuals who wish to be considered for any of the above offices should
submit a resume of their background and
indicate the position for which they wish
to run.
Materials should be submitted to the
Chair of the Nominating Committee,
Alan M. Feldman, c/o Susan Knight,
Philadelphia Bar Association, 1101
Market St., 11th Floor, Philadelphia,
PA 19107-2911, no later than 5 p.m.,
Thursday, Oct. 4, 2007.
July 2007 Philadelphia Bar Reporter
3
Civil rights Committee
n By Michael J. Carroll
RememBer the Guantanamo picture
that had us wondering what we stood
for, and where we were going during
the panic following the 9/11 attack?
It showed men in orange jump suits,
shackled, hooded, and kneeling, with
uniformed Americans standing over
them. We were told that the men were
evil and dangerous, but even fear could
not completely suppress questions: What
was happening to justice in the United
States? What were we willing to do in the
name of security?
At the June 14 meeting of the Civil
Rights Committee, Christopher J. Huber
and Assistant Federal Defender Mark
Wilson raised those questions in a legal
context and inevitably, in a moral context
as well. These Philadelphia lawyers have
taken on unpopular clients - accused
terrorists - and by doing so have taken up
the fight to preserve the rule of law. They
are doing what federal officials swear to
do: protect and defend the Constitution.
Huber and Wilson advocate changing the combat status review tribunals.
These proceedings allow for no defense
witnesses and prohibit Guantanamo
defendants from seeing evidence against
them. Defendants are not permitted to
have lawyers; instead an enlisted person
represents the accused in front of a panel
of three superior officers. There is no
advance notice. Should the accused be
found not to be an unlawful enemy combatant, he may still be held indefintely.
Senior camp commanders admit that
most held at Guantanamo do not belong
there. About 8 percent were fighters; 5
percent were captured on the battlefield;
86 percent were sold to the U.S. for
bounty. The number released to other
countries equals the number still held.
The government has engaged in tactics
that would be labeled dirty tricks by the
kindest judgment. Interrogators have
falsely identified themselves to prisoners
as defense lawyers. Guards have also told
prisoners that the visiting lawyers were
gay Jewish atheists who made blasphemous jokes about Islam, Allah, and the
prophet.
Huber, Wilson, and a small number
of dedicated lawyers have fought many
obstacles, legal and logistical, and have
won ground in a system weighted against
their clients. Their wins do not always
4
stay won because the administration tries
to plug every perceived hole that would
open a legal right.
The administration considers due
process and judicial review obstacles,
and has worked through executive and
Photo by Jeff Lyons
Questions Raised Over
Guantanamo Detainees
Mark Wilson (left) and Christopher J. Huber discuss the ramifications of holding
prisoners at Guantanamo Bay, Cuba, at the June Civil Rights Committee meeting.
THE PHILADELPHIA
LAWYER
Philadelphia Bar Association Quarterly Magazine
2007 photo Contest
As our city and our Association continue to reach out to the international community, what strikes
you about society’s increasingly global worldview? What image captures its influence on Philadelphia
and the rest of the world?
The Philadelphia Lawyer 2007 Photo Contest will award a Grand Prize in the form of a $500 Capital
Grille gift certificate to the member-submitted photograph that best captures the theme of “Eyes on
the World.” Honorable mention winners may also be selected at the judges’ discretion. The contest is
sponsored by The Capital Grille.
Deadline for entries is Friday, Oct. 12, 2007. Photos can be either color or black and white. All submissions will be judged by a panel of professional photographers and all winning photographs will be
published in the Winter issue of The Philadelphia Lawyer.
Summer is the perfect time to begin compiling your entries, so remember to take your camera with
you on your travels — whether they take you around the world or just around the corner.
Submit entries to The Philadelphia Lawyer 2007 Photo Contest by Friday, Oct. 12, 2007. The title of the photograph and the name, address and phone number of the photographer must
accompany each entry. Digital photographs must be submitted at a resolution of 300 dpi or greater in jpeg format. E-mail digital entries to [email protected] with “TPL Photo Contest
Entry” in the subject line or mail a CD of the entries to the address below. You may also submit hard-copy entries to TPL Photo Contest, c/o Adrienne Cornwall, 1101 Market Street, 11th Floor,
Philadelphia, PA 19107. Hard-copy entries must be no smaller than five by seven inches and mounted on white poster board with a two-inch border all around. Contact Adrienne Cornwall,
managing editor of The Philadelphia Lawyer, at 215-238-6339 or [email protected] with contest questions.
philadelphiabar.org
Legendary Jurist
Touched Many Lives
n By Heather J. Holloway
Is your greatest accomplishment an
objectively measurable academic or professional achievement? Or, is it measured
subjectively, by the impact you have
had on another person’s life? Few excel
in both areas. The Hon. Clifford Scott
Green, affectionately known to many
as “The Judge,” however, was a master
at both and his legacy, both professional and personal, will long outlive him
through those that he sought to inspire.
On May 31, The Judge died after
living a life filled with significant academic and professional achievements, too
numerous to list here. When speaking
during the funeral services, Peter Liacouras, Chancellor of Temple University,
confirmed that The Judge received the
highest score on the Pennsylvania bar
examination in 1951. Achievements such
as this were undoubtedly difficult, as The
Judge was educated during a time when
the racial divide was clearly apparent.
Liacouras recalled that The Judge and
philadelphiabar.org
his caucasian moot-court team members
were denied accommodations when
traveling to a New York City competition
because The Judge was African-American. Nonetheless, he excelled, becoming
a founding member of the preeminent
law firm, Norris, Schmidt, Green, Harris
& Higginbotham, an African-American
firm whose members strived to be the
best attorneys, not the best AfricanAmerican attorneys, according to former
firm member, Attorney William H.
Brown. The Judge was later confirmed
to the United States District Court for
the Eastern District of Pennsylvania,
where, according to his former law clerk,
attorney Stephanie Franklin Suber, he
chose to remain, despite efforts to recruit
him to the Court of Appeals for the Third
Circuit.
The Judge’s impact on the community
was not limited to academic or professional achievements. He reached out and
uplifted countless individuals. When I
was young, I used to visit his courtroom
and watch the proceedings. During one
U.S. District Court Judge Clifford Scott Green congratulates his great niece,
Heather J. Holloway, after her law school graduation.
of these fieldtrips, I told The Judge, affectionately known to me as “Uncle Cliff,”
that I wanted to become an attorney and
he began to guide my footsteps in that
direction, despite the fact that I was only
a child. I assumed that he was acting
under a sense of obligation as my uncle;
however, I quickly learned that he made
the exact same effort with numerous
other individuals, regardless of relation,
age, gender or race.
Uncle Cliff’s positive impact did not
stop with those for whom he cared, but
rather reached those with whom he did
not even share a common agenda. Long
before increased security measures were
enacted after Sept. 11, Uncle Cliff told
me that he had once returned to his
chambers to find a criminal defendant
that he had recently sentenced waiting
for him. Despite his apprehension, it was
important that he not call security but
rather sit with the individual and speak
with him about his concerns, which he
did and which undoubtedly resulted in
his earning the “respect and admiration”
of that defendant. Several years ago, I
spoke with an attorney who was denied
an employment opportunity as a law
clerk with The Judge because of his desire
to hire a minority law student. Despite
being denied the opportunity, that candidate, nonetheless, spoke of The Judge
with “respect and admiration.” Just weeks
before Uncle Cliff’s passing, I had the opcontinued on page 22
Bar Foundation
CBAP Aids Consumers with Debt Concerns
The Philadelphia Bar Foundasurprise that CBAP handles 750 information proudly supports the Consumer
tional telephone inquiries and approxiBankruptcy Assistance Project as one of
mately 250 cases annually. CBAP offers
its long time grantees. With only four
extensive educational outreach seminars
full-time employees, CBAP provides free
to legal and social service agencies
legal representation and advice to indithroughout Philadelphia. “These agencies
viduals who are seeking
are aware of our mission
relief from consumer
and refer us their clients
By Elaine Rinaldi
debts.
experiencing a heavy
Established in 1992,
debt load,” says Mary
CBAP was formed by
Anne Lucey, Project
a group of consumers,
Director of CBAP. Combankruptcy lawyers
munity Legal Services
and Eastern District
and Philadelphia Legal
bankruptcy judges to
Services refer the largest
service the legal needs
number of clients to
of Philadelphia’s poor.
CBAP.
As the only nonprofit
With two attorneys
agency in Philadel(one part-time) and two
phia that deals solely
paralegals, CBAP relies
with Chapter 7 bankruptcy filings, the
on volunteer law students, lawyers and
demands of CBAP’s clients seeking debt
paralegals from the private sector to help
relief continue to increase.
assess the validity of cases for bankNot a week goes by without a report
ruptcy filing. As the bankruptcy code
about increased bankruptcy filings and
has become more complex as a result of
increased dependence on credit. It’s no
the 2005 amendments, the staffing and
webCheck
budget needs of CBAP have become
more challenging. The agency relies on
strong support from the Philadelphia
Bar Foundation, IOLTA (Interest On
Lawyers Trust Accounts) grants and the
bankruptcy bar to fund their general
operating expenses.
As the bankruptcy filing process has
become increasingly burdensome for both
attorneys and clients requiring intricate
new filing processes along with numerous
supporting documentation, the Consumer Bankruptcy Assistance Project has
launched programs to train new staff and
volunteer attorneys in the changes to the
bankruptcy law. Once a client has been
interviewed and a determination made to
file a case, volunteers are trained in how
to compose bankruptcy forms through
CBAP’s “Fresh Start Clinic.”
CBAP recently experienced a case
To join the Access to Justice Campaign, visit philadelphiabar.org and
click on the Bar Foundation’s page.
that was quite compelling. Supervising
attorney Siana Newman worked with
an 84-year-old woman who was living
on a fixed income. Not only did Newman represent the woman in a Chapter
7 bankruptcy resulting in a favorable
outcome, but she also obtained $1,400
for the client that was inappropriately
set-off against her bank account by a
lender. Since the client was living so close
to the edge financially, losing $1,400
was an enormous strain on her. Through
dogged persistence, Newman successfully
convinced the lender to return the funds
to her client.
When clients do not meet the financial
test for pro bono representation, CBAP
refers clients to the low fee panel of the
Philadelphia Bar Association or a Chapter
7 bankruptcy practitioner in the Philadelcontinued on page 22
1/2 page ad
1 Source
Safety and Health
6
philadelphiabar.org
philadelphiabar.org
young lawyers division
Groups Look to Build Next Great City Here
n By Jeff Lyons
Some of the people who are helping
move Philadelphia into the 21st century
gathered June 13 to talk about what it
will take to turn Philadelphia into the
next great city.
The Young Lawyers Division “2020”
discussion was moderated by Mark Schweiker, president of the Greater Philadelphia Chamber of Commerce. Panelists
included Brett Mandel of Philadelphia
Forward; Jon Hermann of Campus
Philly; Bill Johnson of the Police Advisory
Commission; Greg Goldman of Wireless
Philadelphia; Peggy Amsterdam of the
Greater Philadelphia Cultural Alliance;
and Gerald Furgione of PhillyCarShare.
“We fail in the effort to become a
greater city because we’ve made bad
choices,” said Mandel. “What’s standing
in the way? Folks who have been a part of
this inappropriate cluster of relationships
in Philadelphia where it’s ‘I’ll scratch your
back if you scratch mine.’ Nobody wants
to buck the system because everyone is so
interrelated. It’s very exciting to see new
people getting involved. It’s exciting to
see people say ‘I’m going to do something because it makes sense.’ We should
do things because they make sense, not
because it’s the way we’ve always done
things,” said Mandel.
Furgione pointed to an environmental
awareness that can only help the city in
the future. “There is more of an aware-
ness of the environmental effects of
automobile usage, thanks to the price of
gasoline and the congestion problems and
the road problems. People want to make
changes and they see PhillyCarShare as
one of the things that can help the city
government. The city government has
been using PhillyCarShare for the past
three years and they have reduced their
municipal fleet by more than 400 cars.
We have saved them more than $5 milcontinued on page 20
n By Brian K. Sims
To most Philadelphians, Nydia Han
is the voice of the aggrieved consumer.
As the consumer investigative reporter
for 6ABC Action News, Han spends her
days, and many nights, scouring the city
for stories of injustice and impropriety,
doing so with her trademark charm and
tenacity.
On May 30, Han brought both to a
meeting of the Association’s Bar-News
Media Committee, co-sponsored by the
State Civil Litigation Section. Committee Chair Saul Segan interviewed Han
and guided the discussion through her
background, her current position with
Channel 6, and a few pointers for dealing
with the media.
A Southern California native and a
graduate of the Medill School of Journalism at Northwestern University, Han offered the audience a look at the path that
lead her to Philadelphia in 2002.
Beginning her career as a general assignment reporter in Pocatello, Idaho,
she faced an unusual problem. “At 21
years old, I felt like I was being exiled to
Siberia,” Han said of Pocatello.
“The problem that I had,” she said,
“was that I was the first Asian-American
reporter ever to be in that market.” The
area grew on her quickly, but she was
soon on the road to Oklahoma.
First becoming an investigative reporter
in Oklahoma City, Han reported on a
wide range of criminal cases, environmental issues and local political concerns
for the next two years.
“My job was to go to the police station
every morning and go through the police
reports from the night and day before.”
From these reports, she worked with her
crew and producers to develop stories on
which she reported throughout the day
and evening.
After Oklahoma City, Han moved to
Houston, where she took her first job as a
consumer reporter for the next three years
before moving to Philadelphia.
Han says that her toughest and most
challenging stories to cover come in three
categories. “The emotional one is significant. On an emotional level, the best
example I can give is when we went to
Hurricane Katrina. It was life changing.”
“The logistical challenges exist too,”
said Han, referring again to Hurricane
Katrina and the difficulties encountered
in just getting to and from the devastation each day.
“Then there are legal issues, of course,
that we face. I may want to say ‘This is
a scam’ but I can’t of course. Or I may
know something that our attorneys
believe is irrelevant to our story so I can’t
talk about it.”
Moving on to how the media interacts
with attorneys, Han said it depends on
the attorney and it depends on the story.
“The consumers’ attorneys are generally very receptive. They will make the
consumer available to us.”
“On the other side, if it’s whom we’re
looking to expose it can be very different.”
Attorneys and companies can do their
best to avoid her and her story.
Han told attendees that many times,
no response is the worst response to a
media inquiry.
“We’re going to do the story anyway, so
it is really in your best interests to give me
some sort of response. I also suggest that
it’s better for someone to go on camera.”
“The harder you try to not give me a
response, the harder I’m going to try and
Photo by Jeff Lyons
Action News’ Han Urges
Cooperation with Media
Nydia Han talks about her work as a consumer reporter as Bar-News Media
Committee Chair Saul Segan looks on.
get one,” says Han. “It’s sort of human
nature then that we think you have something to hide.”
With regard to comments during
litigation, Han says it’s best to offer some
kind of a response, even if an attorney
cannot comment because of pending
litigation. She suggests talking about
how a situation is generally handled or
what procedures are in place to deal with
similar issues.
Ultimately, if possible Han says a statement should not come from an attorney.
“It’s more meaningful to our viewers for
the response to come from the consumer
or from the company. Whatever that
response may be.”
Brian K. Sims is an associate editor of the
Philadelphia Bar Reporter.
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philadelphiabar.org
women in the profession COMMITTEE
Nominees Sought for 2007 O’Connor Award
The Women in the Profession Committee is seeking nominations for the
2007 Sandra Day O’Connor Award.
Deadline for nominations is Tuesday,
July 31.
The 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. The
award presentation will be made during
the Association’s Quarterly Meeting in
October.
The committee established the award
in 1993 to recognize the important
contributions that women attorneys
in Philadelphia have made to the legal
profession.
That year, U.S. Supreme Court Justice
Sandra Day O’Connor presented the
first award to U.S. District Court Senior
Judge Norma L. Shapiro. The award
has since been presented to the late
Juanita Kidd Stout, former justice of the
Pennsylvania Supreme Court; Deborah
R. Willig, first woman Chancellor of the
Philadelphia Bar Association; Professor
Marina Angel, of the Temple University
Bar Team Seeks
Riders for ACS
Bike-a-Thon July 15
The Philadelphia Bar Association
American Cancer Society Bike-a-Thon
team is back again and stronger than
ever. For the fourth straight year, members of the Association, their families and
friends will be getting on their bicycles
and riding across the Benjamin Franklin
Bridge all the way to Atlantic County,
N.J. as part of the American Cancer
Society Bike-a-Thon.
The July 15 event will celebrate its
35th year this year and will raise money
in the fight against cancer. The American
Cancer Society Bike-a-Thon raised more
than $1.7 million last year and had more
than 4,500 riders participating. Last year
the Philadelphia Bar team donated more
than $93,000 and had more than 150
riders.
The Bar Association team will honor
its former co-chair, the late Stephen
Saltz, by having his name prominently
displayed on newly designed jerseys. To
make a donation or become a volunteer,
visit acsbike.org.
philadelphiabar.org
Beasley School of Law faculty; Third
Circuit Court of Appeals Judge Dolores
K. Sloviter (former Chief Judge); U.S.
District Court Judge Anita B. Brody;
Leslie Anne Miller, first woman president
of the Pennsylvania Bar Association; Lila
G. Roomberg of Ballard Spahr Andrews
& Ingersoll, LLP; the late Judge Judith J.
Jamison; Ellen T. Greenlee, chief defender
of the Defender Association of Philadelphia; former Chancellor Audrey C. Talley; U.S. Court of Appeals Judge Marjorie
O. Rendell; Pennsylvania Superior Court
Judge Phyllis W. Beck; and Roberta D.
Pichini.
To nominate someone for the 2007
Sandra Day O’Connor Award, use the
nomination form on this page.
2007 SANDRA DAY O’CONNOR AWARD NOMINATION FORM
The Sandra Day O’Connor Award was named in honor of the first woman Justice of the U.S. Supreme Court and is given annually to an outstanding woman attorney in the Philadelphia area. The recipient is expected to exemplify the qualities that Justice
O’Connor has demonstrated in her life and work. Therefore, the Award Committee gives preference to those nominees who have
achieved prominence and the highest degree of professional excellence in their field over a sustained period and who have openly
and visibly used their position and stature in the community to mentor, promote and advance other women lawyers. Specific
criteria follow:
Award Criteria
• Female attorney with law practice or other professional activities in Philadelphia.
• A career path that demonstrates superior legal talent and ability characterized by unique contributions to and significant
achievements within the legal community.
• Advocacy for the advancement and equal treatment of women in the profession, as well as the community.
• A reputation for mentoring other women in the profession.
Return the completed form with all additional materials by Tuesday, July 31, 2007 to: O’Connor Award, Women in
the Profession Committee, c/o Dawn Burger, Philadelphia Bar Association, 1101 Market St., 11th fl., Philadelphia, Pa.
19107-2911.
Nominee’s Name: ____________________________________________Title:____________________________
Firm/Organization: ____________________________________________________ Phone: _________________
Business Address: ____________________________________________________________________________
_________________________________________________________________________________________
Nominator’s Name: ___________________________________________Title: ___________________________
Firm/Organization: ____________________________________________________ Phone: _________________
Business Address: ____________________________________________________________________________
_________________________________________________________________________________________
Please use 8 1/2-x-11” sheets to answer the following questions.
1. How long have you known the nominee?
2. What has been your association with the nominee?
3. Describe the nominee’s professional accomplishments.
4. What is the nominee’s most significant accomplishment?
5. Describe how the nominee has been an advocate and used her position and stature in the community to advance, and provide career opportunities for, women lawyers generally.
6. Describe what the nominee has done to mentor, promote and advance other women lawyers.
7. Describe other activities in which the nominee has engaged that have advanced women inside and outside the legal community.
Nominators must provide answers to questions 1-7. Nominators are encouraged to include additional material on the nominee, such as curriculum vitae, press clippings, résumé; however, no more than three letters in support of the nominee will be accepted. Nomination forms may refer to and incorporate information submitted within the past three years for the nominee. The
nominator is also responsible for ensuring submission of current information for the nominee as well.
federal BenCh-Bar ConferenCe
n By Ria C. Momblanco
“Doing the people’s worK,” is what
Brian P. Tierney described as the highlight of his time as CEO of Philadelphia
Media Holdings, L.L.C., and publisher
of The Philadelphia Inquirer, the Philadelphia Daily News, and philly.com.
Tierney, the keynote speaker at the
closing luncheon of the Federal Courts
Committee’s Annual Federal Bench-Bar
Conference on June 8, began his address
by expressing how honored he was to be
asked to speak at the conference. “The
federal courts, in particular, play such an
important role in protecting what it is my
journalists do everyday,” said Tierney. “It’s
at the core of democracy, as we all know.”
In his address, Tierney outlined the
progress and the goals of what has come
to be known as “The Philadelphia Experiment.” The experiment began a year ago
when Tierney and a group of prominent
Philadelphia-area businessmen successfully bid on The Inquirer, the Daily News,
and Philly.com, all of which had once
been owned by national media company
Knight-Ridder.
The arrangement among the Philadelphia Media Holdings investors created a
unique local-ownership situation where
the investors have promised not to sell
their shares for five years. After five years,
any investor wishing to sell will have to
give the holdings company the first right
of refusal. If the company does not wish
to purchase the shares, those shares are offered to fellow investors, and if no one in
the investment group wishes to purchase
the shares, the shares are offered only to
persons who are approved by the group.
Tierney reported that the local ownership of the two major Philadelphia-area
newspapers has, so far, resulted in various
improvements in the way the papers
now do business. For example, due to
successful negotiations with Teamsters
who delivered The Inquirer and the Daily
News, the two newspapers are no longer
delivered by separate trucks. This reduces
inefficiencies that once existed when two
trucks, one carrying The Inquirer and the
other carrying the Daily News, had to
go to the same location. The Teamsters’
assistance in streamlining the delivery
process resulted in the ability to increase
home deliveries. Home delivery of the
Daily News has reached its highest point
in six years.
Such business restructuring efforts have
resulted in Philadelphia Media Holdings
being able to invest up to $22 million
back into its newsprint and Internet
publications, where $4 million has
already gone into upgrading the technology of the printing presses and $4 million
is planned for improving Philly.com.
family law reception
Photo by Jeff Lyons
‘Doing People’s Work’
Drives Inquirer’s Chief
Philadelphia Media Holdings, L.L.C. CEO Brian P. Tierney said investors have
promised not to sell their shares in the company for five years.
Tierney remarked that had the papers belonged to a publicly traded entity, investing $22 million toward the improvement
of the papers would have been unlikely.
Tierney said that the highlight of his
involvement with Philadelphia’s papers
came when two Inquirer journalists wrote
an expose on Philadelphia’s Department
of Human Services. Within a week of
publication, Tierney noted that Mayor
John F. Street began making efforts to
change the system. As Tierney visited
the two journalists to congratulate them
on the success of their story, he had the
opportunity to meet with a grandmother
who, after having read the story, believed
10
Ria C. Momblanco is an associate with Fine,
Kaplan and Black, R.P.C.
minorities in the profession Committee
Pa. Lags in Protection of Rights
of Gays, Commissioners Say
n By Kathryn C. Harr
Judge Nicholas Cipriani is joined by Julia Swain (left) and Karen Zeitz
at the Family Law Section’s reception on June 20 in the 57th floor
penthouse at the Residences at Two Liberty Place. The Family Law Section named its inn of court in Judge Cipriani’s honor at the event.
that the journalists would be able to tell
her story and help her grandchild who
was in the care of the Department of Human Services. At that moment, Tierney
realized that he was among those who
were “doing the people’s work.” Likening
it to what federal judges must experience
in their line of work, he expressed that
though his job may not be financially lucrative, he feels fortunate and inspired to
know that he is “doing the people’s work”
and helping the community.
Pennsylvania is Behind the times
when it comes to protecting the rights of
its lesbian, gay, bisexual and transgender
residents, the chair of the Pennsylvania
Human Relations Commission told members of the Minorities in the Profession
Committee.
While 486 of the Fortune 500 companies have LGBT non-discrimination
protections in place, only 30 percent of
Pennsylvania’s LGBT population is protected under similar laws. “We have clearly
lost a number of people in the academic
arena, in the high tech sector, in corporate
America where these policies either have
not been in place or are in conflict with
the state policies that do exist,” said Steven
Glassman, chair of the Pennsylvania Human Relations Commission. Glassman was
joined at the May 31 meeting by Charles
Nyer of the Philadelphia Human Relations
Commission.
In response, the PHRC is addressing the
issue on federal, state and local levels. At
the federal level, the Hate Crimes Bill and
the Employment Non-Discrimination Act
have received significant bipartisan sponsorcontinued on page 12
philadelphiabar.org
nearly 300 attend federal Bench-Bar Conference
U.S. District Court Judge Mary A. McLaughlin (left) and Prof. Catherine T.
Struve discuss the Third Circuit’s model civil jury instructions and their impact on charging conferences. Other panelists for this session included Alice
W. Ballard, Scott F. Cooper and Maria L.H. Lewis.
Clerk of Court Michael E. Kunz (from left) U.S. Bankruptcy Court Chief Judge Diane W. Sigmund and U.S.
District Court Chief Judge Harvey Bartle III gave reports on the state of the court at the June 8 program.
U.S. District Court Judge Anita B. Brody (left)
and Magistrate Judge L. Felipe Restrepo were
joined by former Chancellor David H. Marion
and Lawrence Z. Sheikman for tips on dealing
with a difficult adversary.
U.S. District Court Judge Berle M. Schiller (right) and Stephen G. Harvey discussed the new e-discovery rules and how they are working in practice at the
June 8 Federal Bench-Bar Conference at Loews Philadelphia Hotel. Nearly
300 attorneys and judges attended the program.
U.S. Attorney Patrick L. Meehan discusses the problem of witnesses not coming forward for fear of retribution.
philadelphiabar.org
Federal Courts Committee Vice Chair Charles S. Marion (left) and Chair Edward G. Biester III
greeted attendees. Marion served as course planner for the program.
11
In Their Own Words
Web Site Threatens Work of Justice System
The scope of issues handled By
United States Attorneys’ offices is
myriad, ranging from investigation and
prosecution, to the appellate process, but
we must not forget that non-traditional
issues are just as important.
There is a non-traditional threat that is
increasingly prevalent in our legal system
and, in many cases, claiming any chance
of justice being realized.
It is whosarat.com - a Web site and
legal crisis rolled into one.
Arguably, it is threatening the very
credibility of our adversarial system.
It is also forcing us to balance the
public’s right of access to our court proceedings and filings with the vital need
to protect those who cooperate with law
enforcement.
Within the past month, “Who’s A Rat”
has been the subject of several stories and
editorials in both The Philadelphia Inquirer and The New York Times, the latter of
which called it, quote, an “unfortunate
reality...like bomb-making instructional
videos on jihadi sites.”
Commission
continued from page 10
ship. At the state level, Sen. Pat Brown
has introduced similar legislation, which
also has received both bipartisan and
public support. At the local level, over the
last four years, the number of jurisdictions that have passed non-discrimination
laws addressing sexual orientation and
gender identity and expression have risen
from six to 14. Glassman stressed the
need for a statewide bill because of many
areas’ resistance to such legislation.
The Commission has also worked to
address predatory lenders, Nyer said, who
often target borrowers based on race,
national origin, ethnicity and age. Motivated by “alarming statistics,” the Commission began an initiative on the subject
several years ago. In 2002, for example,
the median African American household
had a net worth of $5,998, whereas the
net worth of a median white family was
$88,651. In 2003, there was a gap of
26.7 percent in home ownership rates
between whites and African Americans,
a gap that has remained consistent since
the 1930s.One of the problems inherent
in the gap is the rise of predatory lending,
which usually involves loans for refinancing existing mortgages at higher rates,
1
The “Who’s A Rat”
percent of prosecutors
By Patrick L. Meehan
site uses publicly availin urban areas describe
able information, inwitness intimidation as a
cluding state and federal
very serious problem.
court case files, to idenThis trend results in a
tify and publicize those
very high percentage of
suspected of cooperating
cases in our local Comwith law enforcement
mon Pleas Court either
and undercover law-ennot making it past a
forcement agents.
preliminary hearing or to
The site boasts that it
trial, because the victim
has identified or “outed”
or witnesses are increassome 400 agents and
ingly failing to show up
4,300 informers across the country, comfor court.
plete with photos and court documents.
The term “Code of Silence” tends
The sole purpose of this site is dedito trigger images of old-time mobsters
cated to identifying and intimidating
swearing a blood oath in the back room
individuals who cooperate with the
of a neighborhood hangout.
government, and putting undercover ofI think it would be helpful to purge
ficers in peril; we should all find it deeply
our minds of these old-fashioned, somedisturbing.
what cinematic notions, or at least push
Not only does it pose a physical threat
them to the side, so that we can make
to the cooperator but it is compromising
room for the new reality.
countless prosecutions.
It’s now a grassroots movement on the
According to a survey conducted by
streets and on the Internet, an advertising
the National Youth Gang Center, 88
campaign, and a weapon for criminals of
which then may result in foreclosure and
the loss of the home, impacting the home
ownership rate, and ultimately, wealth
accumulation.
Last year, the landmark predatory
lending/reverse redlining decision of
McGlawn v. PHRC, 891 A.2d 757 (Pa.
Commw. 2006) was handed down. In
the case, the broker imposed fees on the
loan in excess of 20 percent, imposed
sub-prime rates, denied lawful attempts
to rescind the loan, and had explicitly
targeted African-American communities,
among other actions. In its decision, the
court held that a broker cannot ignore
circumstances suggesting an inability to
pay a borrower and awarded damages
in the form of actual damages, embarrassment and humiliation damages,
and, most significantly, the differential
between the interest rates for which the
borrowers would have qualified versus the
rates that were imposed.
“We certainly want to level the playing
field to make sure everyone is protected
equally within the state,” Glassman said.
Brochures on predatory lending and
more information are available on the
Commission’s Web site, phrc.state.pa.us.
Kathryn C. Harr is an associate with Trujillo
Rodriguez & Richards, LLC.
all kinds.
It has re-emerged under new names
- “Who’s A Rat” and “Stop Snitching”
- and it is a threat not just to law enforcement agencies and the legal community
as a whole, but to our system of justice.
We must do everything we can to
make sure it does not succeed.
One definition of the word “justice” is
“the conformity to truth.” But our pursuit
of justice is in great peril if those who
possess vital information adopt the street
mantra, “See no evil, hear no evil, and
above all, speak no truth.”
It is clear that we all have a stake in
this and we must ask ourselves, “What
kind of culture do we want to leave for
our children and their children? One
that encourages retreat or one that values
involvement, honesty, and responsibility?”
I think we all know that there is only
one answer.
Patrick L. Meehan is the U.S. Attorney for the
Eastern District of Pennsylvania.
71% OF FIRMS MISPLACED
AND/OR DAMAGED
CASSETTE TAPES
CONTAINING CLIENT
INFORMATION, EACH
AND EVERY MONTH*
The loss of tapes could breach
client confidentiality and
expose the firm to litigation.
WWW.BIGHAND.COM
*Based on a survey of 100 law firms of all sizes.
BigHand Digital Dictation
supplied by Graffen
Business Systems
email: [email protected]
tel: 610.825.3737
philadelphiabar.org
2007 Bench-Bar
Conference
Pullout Guide
Bally’s Atlantic City is the site for the 2007 Bench-Bar Conference on Sept. 28 and 29. Seven CLE credits are available at the two-day conference.
Bally’s Beckons Bench-Bar
The Philadelphia Bar Association gratefully acknowledges the
generous support of the 2007 Bench-Bar Conference sponsors.
philadelphiabar.org
13
Register online at Philadelphiabar.org
2007 Bench-Bar Conference Registration Form
September 28-29, 2007 - Bally’s Altantic City
(Please Note: Judges will receive separate conference materials)
Each attendee must fill out a registration form in its entirety (non-attorney guests may be included on the form). Make checks payable to Philadelphia Bar
Association and mail to: 2007 Bench-Bar Conference, Philadelphia Bar Association, 1101 Market St., 11th Fl., Philadelphia, PA 19107, or pay with your credit
card below and fax to (215) 238-1159. Online registration is also available at philadelphiabar.org. NOTE: Hotel reservations must be made separately by calling
(800) 345-7253. Mention “Philadelphia Bar Association” to take advantage of the special room rate of $99 per night on Thursday, $144 on Friday and $189 on
Saturday (plus taxes). Hotel reservations must be made by Thursday, Sept. 6, 2007.
Registration Type (all prices are per person)
Association
Member
Non-Member
Attorney
Full Conference: Early Bird (before Aug. 15): Friday Opening Luncheon, Friday Night Grand Reception, Saturday Breakfast, Saturday
Closing Luncheon, Course Materials, Up to 7 CLE Credits
Association Member
Nonprofit, Government
Attorneys and YLD
$399
$249
$449
Full Conference: Regular (Aug. 15 and later): Friday Opening Luncheon, Friday Night Grand Reception, Saturday Breakfast, Saturday
Closing Luncheon, Course Materials, Up to 7 CLE Credits
$479
$329
$529
One Day Attendee: Friday: Friday Opening Luncheon, Friday Night
Grand Reception, Course Materials, CLE Credits for Friday only
$349
$199
$399
One Day Attendee: Saturday: Saturday Breakfast, Saturday Closing
Luncheon, Course Materials, CLE Credits for Saturday only
$279
$129
$329
Grand Reception: Friday Evening Only
$125
$125
$125
Non-Attorney Guest Registration: $175 Per Guest. (Price includes
food and social functions only. Please register me for _____ guest(s) at
$175 per guest.)
Subtotal:
Guest total:
Total due:
Amount
Owed
______
______
______
Attendee Name: __________________________________________________________________________________________________________________
Nickname on Badge (if different from above): __________________________________________________________________________________________
Company/Organization ____________________________________________________________________________________________________________
Guest Name(s): __________________________________________________________________________________________________________________
Address: ________________________________________________________________________________________________________________________
City: ______________________________________________________________________________ State: ___________________ Zip: _________________
Phone: _____________________________ Fax: ______________________________ E-mail: __________________________________________________
Special/Dietary Needs: ____________________________________________________________________________________________________________
Emergency Contact Name: ____________________________________________________________________ Phone: _______________________________
Card Type:
______ American Express
_______ MasterCard
_______Visa
Card Number: _____________________________________________________________________________ Expiration Date: ________________________
Cardholder’s Name: _______________________________________________________________________________________________________________
Cardholder’s Signature: ________________________________________________________________________________ Date: ______________________
14
philadelphiabar.org
2007 Bench-Bar Conference
Seven CLE Credits Available at Bench-Bar
n By Jeff Lyons
A total of 7 CLE credits and 14
different courses are available at the
Association’s 2007 Bench-Conference on
Sept. 28 and 29 at Bally’s Atlantic City.
This year’s conference, “Saddle Up to
a Bench-Bar Bonanza,” has a Wild West
theme and includes a black tie and blue
jeans reception on Friday evening, Sept.
28. Sponsors for the 2007 Bench-Bar
Conference include USI Colburn Insurance Service, LexisNexis, PNC Wealth
Management, JAMS, Veritext and Kroll.
Additionally, Bally’s Atlantic City is
now accepting reservations for attendees. Book early for the best rates: rooms
Thursday night, Sept. 27 are just $99;
rooms Friday night are $144, and Saturday night rooms are $189. Call 1-800345-7253 for reservations and mention
you are attending the Philadelphia Bar
Association Bench-Bar Conference to get
these special rates.
This year’s conference is expected to
bring together hundreds of lawyers and
judges for two days of programming that
lets practitioners and the judiciary share
ideas and best practices.
The opening luncheon “Chow at the
Chuckwagon” begins at 11:30 a.m. on
Sept. 28. Lunch is followed by a screening
of “Soul of Justice: Thelton Henderson’s
American Journey.”
Following a short break, four additional CLE programs are available beginning at 3:45 p.m. All of the programs
following the opening luncheon and film
screening are 1-credit programs.
“The Unforgiven” is a Young Lawyers
Division-sponsored program on the
Internet and defamation. The course
planners are Natalie Klyashtorny and
John Papiano. Speakers for this program
will be announced at a later time.
Pennsylvania Superior Court Judge
Correale F. Stevens and Commonwealth
Court Judge Robert E. Simpson Jr. are
the panelists for “Marshall Dillon,” a
program on appellate advocacy.
The Family Law Section will present
philadelphiabar.org
“Billy the Kid” - Right Down the Middle:
Equally Shared Physical-Custody in
Philadelphia County. Course planners
Mark Momjian and Megan Watson will
be joined by panelists Philadelphia Court
of Common Pleas Judge Holly Ford, custody master Fern Caplan and Julia Swain.
“Gunfight at the OK Corral” is the
Business Law Section program on Dispute Resolution Clauses in Agreements:
Drafting Tips and Practical Considerations. The faculty for this program
include Mitchell Bach, Judge Diane M.
Welsh and Paul D. Weiner.
“Calamity Jane and the Dalton Gang”
is theme of the black tie and blue jeans
reception beginning at 6:30 p.m. The
four-hour reception includes food, drink
and the opportunity to mingle and
network with colleagues and members of
the judiciary.
Breakfast (Tequila Sunrise) will be
available from 8 to 9:30 a.m. on Saturday
morning.
Saturday’s programming begins at 8:30
a.m. with “The Young Guns” - Procedures for Motion Practice in the Philadelphia Court of Common Pleas. This
YLD-sponsored breakfast program will
include discussion of both procedures and
arguments related to Discovery Motion
Practice and Pretrial Motion Practice.
Brian Chacker and May Mon Post are
among the panelists. Attendees for this
program will be eligible to win a raffle for
a free iPod.
Philadelphia Court of Common Pleas
Supervising Judge William J. Manfredi
is a speaker for the 9:45 a.m. program
“The Pony Express” - Electronic Filing in
Municipal Court and the Court of Common Pleas.
The Family Law Section program “The
Proposition” - Get a Job/You’re Fired!
Earning Capacity Litigation in Philadelphia County includes Megan Watson,
Philadelphia Court of Common Pleas
Judge Elizabeth Jackson, Michael Grasso
and Dina Ronsayro.
“Bad Day at Black Rock” is a program
on alternative courts and is presented by
the Criminal Justice Section. The course
2007 Bench-Bar Conference Schedule
Friday, Sept. 28
9:30 a.m.....................................................................................................................Registration
11:30 a.m............................................................... Lunch and Bench-Bar Conference welcome
12 p.m..................................................................................................Soul of Justice screening
1 p.m....................................................................................................Break with dessert buffet
1:15 p.m....................................................................................Soul of Justice panel discussion
2:15 p.m................................................................................................................................Break
2:30 p.m.................................................................. Soul of Justice panel discussion continues
3:45 p.m...................................................................................................................CLE seminars
• Unforgiven - The Internet and Defamation
• Marshall Dillon - Appellate Advocacy
• Billy the Kid - Right Down the Middle: Equally Shared Physical Custody
• Gunfight at the OK Corral - Dispute Resolution Clauses in Agreements:
Drafting Tips and Practical Considerations
6:30 - 10 p.m......................................................................................................Grand Reception
Saturday, Sept. 29
8 a.m................................................................................................Breakfast and registration
8:30 a.m.................................................................................................Breakfast CLE seminar
• Young Guns - Procedures for Motion Practice in the Philadelphia Court
of Common Pleas
9:45 a.m.................................................................................................................. CLE seminars
• The Pony Express - Electronic Filing in Municipal Court and the Court
of Common Pleas
• The Proposition - Get a Job/You’re Fired! Earning Capacity Litigation
in Philadelphia County
• Bad Day at Black Rock - Alternative Courts
• Little House on the Prairie - Stolen Houses
10:45 a.m..................................................Break with light refreshments and hotel check-out
11:15 a.m................................................................................................................CLE seminars
• Treasure of the Sierra Madre - Practical Insights into Software Licensing Agreements: Drafting tips and Practical Considerations
• The Wild Bunch - Special Needs Trusts
• Butch Cassidy and the Sundance Kid - Facilitating the Appellate Process
• Medicine Man - Medicine for Lawyers
12:30 p.m..........................................................................Closing Luncheon and Fashion Show
planner is Philadelphia Municipal Court
Judge President Judge Louis J. Presenza.
“Little House on the Prairie” is the
Real Property Section program on stolen
houses with course planners Judy Berkman and Michael Balent.
A 30-minute break with refreshments
follows, and conference attendees will be
able to check out at this time.
At 11:15 a.m., the Business Law Section will present “Treasure of the Sierra
Madre” - Practical Insights into Software
Licensing Agreements: Drafting Tips and
Practical Considerations with panelists
Marc Zucker, Michael Ecker and Steve
Foxman and Philadelphia Court of Common Pleas Judge Howland W. Abramson.
“Butch Cassidy and the Sundance Kid”
is a program that will focus on appellate
practice and offer practical tips on dealing
with the Prothonotary’s Office and facilitating the appellate process. Pennsylvania
Superior Court Judge Richard B. Klein,
1
2007 Bench-Bar Conference
‘Soul of Justice’ Screening Opens Bench-Bar
A panel of Judges will lead the discussion
following a screening of “Soul of Justice: Thelton
Henderson’s American Journey,” the opening program for the 2007 Bench-Bar Conference at Bally’s
Atlantic City on Friday, Sept. 28.
The opening luncheon program is sponsored by
the Public Interest Section, the Asian American Bar
Association of the Delaware Valley, the Barristers
Association of Philadelphia, the Hispanic Bar Association, the South Asian Bar Association and the
National Bar Association Women Lawyers Division.
Panelists for this 3 CLE credit program (1
substantive, 2 ethics) include U.S. Court of Apeals
Judge Theodore McKee; U.S. District Court Judge
16
Louis H. Pollak; Philadelphia
Court of Common Pleas Judges
Nitza Quinones I. Alejandro,
Frederica Massiah-Jackson and
Teresa Sarmina.
“Soul of Justice” presents the
life and work of one of the first Henderson
African-American federal judges in the United States
and chronicles the impact of his decisions on the
lives of millions. The film follows Judge Henderson
from his time in the U.S. Department of Justice
during the civil rights movement through his current
position on the U.S. District Court for the Northern
District of California.
CLE Programs
Charles Becker, Robert L. Byer and Pennsylvania Superior Court
Prothonotary Karen Bramblett are the panelists.
“The Gunslinger” is offered by the State Civil Litigation Section
and includes panelist Robert J. Mongeluzzi.
“The Wild Bunch,” the Probate and Trust Section’s program
on special needs trusts, features panelists Lawrence C. Norford,
Roberta D. Pichini and Philadelphia Court of Common Pleas
Judge Anne E. Lazarus.
The 2007 Bench-Bar Conference wraps up at 12:30 p.m. with
the luncheon “High Noonish” that will feature a fashion show
with apparel available at Atlantic City shopping destinations. The
closing luncheon is sponsored by PNC Wealth Management.
philadelphiabar.org
YLD Update
Look Outside Yourself to Offer Someone Hope
n By May Mon Post
I rememBer standing in my garden,
gazing at the moon. It was a full moon,
and there was not a cloud in the sky. I
was five years old.
“Do you see the old man and the
bunny rabbit?” my grandmother asked,
pointing at the bright moon. “Once upon
a time, there lived in a forest a rabbit, a
monkey, and a fox. The old man of the
moon saw them and wanted to reward
the kindest one. So he came down to
earth and pretended to be a beggar.
The rabbit, the monkey, and the fox all
felt very sorry for the old man. So, the
monkey gave him some fruit. The fox
gave him a fish. But the rabbit didn’t have
anything to give him; so, he made a fire
and got ready to jump in there so that
the old man could eat him. Then, the old
man asked the rabbit to live in the moon
with him. And the rabbit said yes, and he
was never hungry again because there are
lots of mooncakes up there.”
“Grandma, I see them! I see the old
man and the bunny rabbit. The old man
has a hunch back. And the rabbit looks
Wachovia
dered over a considerable period of time
or a single outstanding achievement in a
particular year. (The fact that this single
achievement may have occurred some
years ago in not material so long as it has
not been recognized.);
• The accomplishment must arise from
voluntary activities rather than for service
rendered as a paid professional; and
• It is preferred that the recipient be a
member of the Philadelphia Bar Association not now in public office or directly
involved with the court operations or any
other public service activity.
Previous winners of the Wachovia
Fidelity Award are William R. Klaus
(1966); Frank Zal (1967); Sidney Schulman (1968); Fairfax Leary Jr. (1969);
Herman I. Pollock (1970); Leon J.
Obermayer (1971); Robert D. Abrahams
(1972); Elwood S. Levy and Edward
W. Madeira Jr. (1973); Henry T. Reath
(1974); Edwin D. Wolf (1975); Marjorie
Greenfield and James R. Redeker (1976);
Judge Nochem S. Winnet (1977); Morris L. Forer (1978); William E. Zeiter
(1979); Lewis H. VanDusen Jr. (1980);
philadelphiabar.org
really happy standing
ing hope to someone
next to him,” I told
when I act as a judge
her.
in high school mock
“Well, little missy.
trial competitions
The bunny rabbit has
or when I serve as
sent you a mooncake Visit philawdelphia.wordpress.com
a mentor to a law
to see what the Association’s young
- and I have it right
student. I know I
lawyers are saying.
here,” my grandam making a differmother said. She
ence - at least in this
handed me a mooncake - a type of pastry
city - when I participate in People’s Law
with rich, dense red bean paste filling and
School, a six-week program that offers
a sort of flaky crust.
non-lawyers basic information about the
It was delicious.
law that affects their daily lives.
“When you grow up, I want you to
As young lawyers, we are fortunate
be kind to others so you can eat all the
because we have so many opportunities to
mooncakes you want, OK?” she said.
give our time and talents in ways that enI am grown up now. And I do feel like
rich the lives of others. We have the abilI am kind to others, but not because I
ity to leave the world a bit better when
want to eat all the mooncakes. I am kind
we participate in Law Week, People’s Law
to them because my grandmother was a
School or legal education and mentoring
kind person and she taught me the importance of looking outside myself once
in a while.
I know it sounds corny, but that’s one
of the reasons I became involved with the
YLD. I know I have made someone’s day
when I provide free legal advice over the
phone for LegalLine. I know I am offer-
Bloglink
programs. We have a chance to fight for a
cause larger than ourselves when we go to
a charity event to benefit the Philadelphia
Bar Foundation, which promotes equal
access to justice for all the people in the
community, particularly those struggling
with poverty, abuse and discrimination.
We have the opportunity to light another
person’s path when we take on a pro bono
case.
Once in a while, when the moon is
full, I try to picture a rabbit up there with
an old man. I can’t quite make out the old
man, but sometimes I can see the rabbit.
And he still looks very happy. It must be
the mooncakes!
May Mon Post, an assistant city solicitor in the
Philadelphia Law Department, is vice chair of
the YLD Executive Committee.
aCCording to...
What is Your Favorite Beach
Destination?
John Rogers Carroll (1981); Robert W.
Sayre (1982); Frank J. Benasutti and
Michael A. Bloom (1983); Seymour I.
Toll (1984); Henry W. Sawyer III (1985);
Carl Oxholm III (1987); Francis P.
Devine III (1988); Robert B. Wolf and
Maureen McCullough (1989); William
H. Brown III (1990); Alba MartinezVelez (1991); Richard N. Weiner (1992);
Thomas B. Rutter (1993); David N.
Hofstein and Mary Gay Scanlon (1994);
David Unkovic (1995); Suzanne E. Turner and Bruce A. Franzel (1996); Gerald
A. McHugh and Joseph A. Torregrossa
(1997); André L. Dennis (1998); William H. Ewing (1999); David T. Sykes
(2000); Robert C. Heim (2001); Barbara
Sicalides (2002); Larry Fox (2003); Frank
J. Montemuro (2004); Lawrence J. Beaser
(2005); and Stephen D. Brown and Samuel W. Silver (2006). The award was not
presented in 1986.
Nominations should be made in writing. Please include a detailed statement
setting forth information and reasons
why you are recommending the nominee.
Nominations should be sent to Tracey
McCloskey, Philadelphia Bar Association,
c/o Fidelity Award Committee, 1101
Market St., 11th Floor, Philadelphia PA
19107. The deadline is Oct. 12, 2007.
Gordon
Ramsay
Kelly
“My favorite place is Puerto Escondido on the Pacific coast of
Mexico. There’s white sand, transparent blue water and perfect
weather. There’s also good snorkeling nearby as well.”
- Joseph M. Gordon
“I’m not going to the beach this summer because I’ll be too busy
studying for the Bar exam.”
- Rachel Ramsay
“I love North Wildwood, N.J., mostly because of all the family
vacations I’ve taken down there. There’s also a fun nightlife down
there, too.
- Edward P. Kelly
1
june quarterly meeting and luncheon
Board of Governors Vice Chair Stephanie Resnick (from left), former Chancellor Abraham C.
Reich, Murray H. Shusterman and Min S. Suh gather before the June 7 Quarterly Meeting.
U.S. Court of Appeals Judge Dolores K. Sloviter was one of just
nine women in her class at Penn Law School.
Women, Minorities Making Strides, Judge Says
Women have made a great deal of
progress since U.S. Court of Appeals
Judge Dolores K. Sloviter started law
school at the University of Pennsylvania
in the 1950s, but there is much more
work to be done, the judge told the audience at the Association’s June 7 Quarterly
Meeting and Luncheon.
Judge Sloviter was speaking on behalf
of the new members of the Association’s
Year Clubs, comprised of attorneys who
have been practicing law for 50, 60,
65 and 70 years. There was a special
ceremony before the Quarterly Meeting honoring Murray H. Shusterman,
who has been practicing law for 70 years.
Shusterman, senior counsel with Fox
Rothschild LLP, is a 1936 graduate of
Temple University School of Law. The
96-year-old Shusterman still comes to the
office daily.
“It is a privilege to represent the
50-Year Club on this occasion,” Judge
Sloviter said. “Although the members of
this class have more gray hair than most
of you, we’ve had in our 50 years as varied
an experience as you have had. Upon
joining the bar, some joined large law
firms. And many stayed there, unlike the
jumping around that goes on nowadays.”
“When I was interviewed for admission at Penn Law School, I was told by
my interviewer that I would be taking
a seat that could be occupied by a man
and that I would only get married and
have children and make no contribution
whatsoever to the legal profession. Can
you imagine anyone in any law school in
18
n By Jeff Lyons
Robert W. Costigan displays the pin presented to him as a new member of the
Association’s 50-Year Club.
any city saying that to a female applicant
today?” she said. Judge Sloviter was one
of just nine women in that class at Penn
Law School.
“Women are now accepted fully in the
profession and at the highest levels. Witness Jane Dalton, our Chancellor, and the
women who preceded her – Debbie Willig, Doreen Davis and Audrey Talley, our
first black woman Chancellor,” she said.
“In the last 50 years, we have not progressed as well on another front. I recently
scanned the names and photographs of
what the National Law Journal called the
50 most influential women lawyers in
America. Two of them are Philadelphia
lawyers and members of the Bar Association and one of them, I’m proud to say, is
one of my former law clerks,” she said.
“But I saw not one black face among
the 50 women. When I was at law school,
I recall only one black student in the
whole law school. And he wasn’t even
in my class. In the Philadelphia Bar, at
that time, the black lawyers primarily
congregated in the famous Norris firm,
which had among its founders, Cliff
Green and A. Leon Higginbotham, my
former colleague, whom we honor by
today’s lecture. Bill Coleman, who clerked
for Justice Frankfurter after Harvard Law
School and became Secretary of Transportation in the Ford Administration, was a
partner in the law firm I joined. But he
frequently tells how he got that position
in the Dilworth firm only after commuting to New York for five years, which was
the only place that he as a superb black
lawyer could get a job,” the judge said.
Fifty years ago, the Philadelphia law
firms were not open to women and
minorities and more than half were not
open to Jews, she said. “And if you young
lawyers are not aware of that history, you
should be. We’ve made some progress
in that direction, but hardly enough. In
the past 50 years, the Philadelphia Bar
Association has done an admirable job
toward assistance and representation of
the underserved community. That can
be seen by review of the committees that
are focused on the disabled, gays and
lesbians, juveniles, abused women, the
indigent and those under death sentence,
to name a few. It must continue to lead in
those efforts,” she said.
“We, the 50-Year Class, turn over to
philadelphiabar.org
Year Clubs
you a profession that still has work to do.
The Bar Association has taken consistent positions in support of civil rights
and civil liberties, especially freedom of
speech. We ask you to use your service
and the abilities of those members of the
50-Year class who are willing to help you
continue in your work for the profession
and this wonderful Bar Association. We
will be back as members of the 60-year
club and we will keep an eye on things
and see how well you’ve done,” she said.
The following is a list of new members
of the Association’s 50-, 60-, 65- and
70-Year Clubs:
50-Year Club
Albert Bartolomeo; Charles Basch;
Edward F. Beatty Jr.; Joseph Boardman; Judge Alex Bonavitacola; Howard
Brooks; Robert W. Costgan; Chester
T. Cyzio; Jack E. Feinberg; Lawrence
Goldberg; Larry J. Goldsborough; Daniel
H. Greene; Joseph E. Greene Jr.; David
C. Harrison; Martin Heller; William J.
Henrich Jr.; John B. Huffaker; Arthur J.
Kania; Seymour Kanter; E. Brooks Keffer
Jr.; James J. Kilsdonk; Richard H. Knox;
Isador Kranzel; Peter J. Liacouras; Sidney Margulies; Edmund S. Pawelec; Lionel
A. Prince; William P. Quinn; Richard M.
Rosenbleeth; Harold Rosenthal; Edward
E. Russell; Jeanne Ward Ryan; Carl W.
Schneider; Robert L. Seigle; Sheldon
Seligsohn; Ronald H. Sherr; Irvin Siegel;
Judge Dolores K. Sloviter; Arnold L.
Wainstein; Charles E. Wolf; Edward
L. Wolf; Bertram Wolfson; Merle A.
Wolfson; Bernard Wyman; Herbert
Yaskin; Norman P. Zarwin; and Barbara
K. Zimmerman.
Marlene Matz (from left) joins her parents I. Sidney Sherwin and Rose Sherwin after Sidney received a plaque honoring
him as a member of the Association’s 65-Year Club.
60-Year Club
Judge Arlin M. Adams; David N.
Rosen; and Martin J. Vigderman
65-Year Club
70-Year Club
Murray H. Shusterman
Quarterly
up to be the kind of person Judge Higginbotham was – “someone who saw the
law as a place to go to change the world,
including leveling the playing field for
African Americans.”
In her address, Ifill described how
Higginbotham changed everything
he touched from the classroom to the
courtroom. Each June, the Association presents the lecture to honor Judge
philadelphiabar.org
Herbert Brener; Pershing N. Calabro;
Marvin Comisky; John M. Holton Jr.;
Albert W. Schiffrin; and I. Sidney Sherwin.
65-Year Club member Herbert Brener receives a boutonniere at the June 7 Quarterly Meeting and Luncheon.
Podcast
Gwen Ifill delivered the keynote address at the June 7
Quarterly Meeting and Luncheon.
Higginbotham, a
our post-9/11, postlife-long champion of
Katrina world and
individual rights.
that for journalists,
In comparing
stories of kidnapped
lawyers to journaland missing young
An audio podcast from the June
ists, Ifill said both
women and what
Quarterly Meeting is available at
groups are despised
politicians say to
philadelphiabar.org.
by 95 percent of
each other are just
the population and
not enough. Ifill ex“we’re defensive about it because we’re
plained that she likes politics but said that
convinced we are doing the right thing.”
when she tells people that, she receives the
Ifill described how the public’s demands
same reaction as when she tells them she
for the two professions have increased in
likes lawyers.
Spotlight
In ending the lecture, Ifill challenged
the Association members, like her fellow
journalists, to never forget the special
privilege to ask questions and the special
responsibility to get the right answers.
“When we do our jobs right, we tell
stories for and protect the voiceless,” she
concluded.
Molly Peckman, special counsel and director of
professional development at Pepper Hamilton
LLP, is an advisory editor of the Philadelphia
Bar Reporter.
19
treatment Court anniversary
YLD 2020
lion to date,” he said.
Philadelphia’s cultural institutions
have already made the city a destination,
said Amsterdam. “We have an incredible
richness of arts and cultural activities for
people in the city. The cultural groups
need help from the corporations, the
government as well as foundations, to
survive. What they really need are audiences and people participating as board
members. The cultural institutions make
Philadelphia a spectacular place,” she said.
For Hermann, the task is simple
– keeping college graduates in the city
once they’re done with their education.
“It’s not city versus suburbs, it’s not a
regional thing. It’s Philly against Boston,
New York and California. There are
more than 360,000 college students in
the region and there are about 67,000
degrees conferred annually. We keep
about 60 percent of all college graduates
who attend school in the region. We keep
about 80 percent of the people who grew
up here and only about 30 percent of the
people who didn’t grow up here,” he said.
“We’ve often heard it said that for
Philadelphia to become a world-class
city, it also needs to have a world-class
police department,” said Johnson. “Part
of the job that the commission does is
to improve the job between the police
department and the community. We act
as an active body that oversees the police
department. The police department’s job
is fighting crime. Our job is studying
Philadelphia District Attorney Lynne Abraham and Chancellor Jane Dalton were among the speakers at a program
marking the 10th anniversary of Philadelphia’s Treatment
Court on May 23 at the Criminal Justice Center. Treatment
Court supervises the criminal cases of nonviolent offenders charged with felony drug-related and theft offenses
and provides an opportunity for them to undergo a comprehensive rehabilitation process. Since its inception in
April 1997, 1,357 participants have successfully completed the program and 90 percent of its graduates remained
drug and conviction free one year from graduation.
podcast
the police departby making highment. This becomes
speed Internet access
important because
more available and
we know we have a
affordable through
new mayor coming
Digital Inclusion
An audio podcast from the June 13
in and advocating
– the initiative that
YLD 2020 program is available at
a “stop and frisk”
helps people who
philadelphiabar.org.
policy. Many people
are not online gain
are concerned about
access with hardware,
how this will affect the quality of life in
software, tech support/information, and
Philadelphia. But when you look at some
broadband Internet service, so they can
of the quality of life issues here, like the
begin to use this technology to improve
violence that’s going and the high homitheir educational, employment, health,
cide rate, certainly there’s a need to do
and life opportunities.
something different from what we’ve been
“It’s exciting the way the general public
doing. But it will take effective oversight
and the media have really embraced
to make sure there are not violations with
Wireless Philadelphia. Philadelphia was
this initiative,” Johnson said.
way out in front of any other major city
Wireless Philadelphia was created to
in terms of embracing WIFI technology,”
transform Philadelphia’s neighborhoods
said Goldman.
Spotlight
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philadelphiabar.org
Cheap Eats
Great Burgers, Better Fries at Five Guys
I get tired of paying $10 for a Bowl
of lettuce. Now I’m not knocking
Marathon Grill, which my friend Manny
calls “McDonald’s for Lawyers.” It’s just
that I’m cheap and I prefer cheap eats.
In fact, I’ve made a hobby out of finding
filling lunches that cost in the five-dollar
range. There was a time when the only
inexpensive lunch option was a hot dog
from a corner cart, which is now healthily supplemented with fruit stands with
ladies wielding cleavers and shoving fruit
into plastic containers.
I wanted to share my finds with you
Philly lawyers to give you a change of
pace from the salacious recommendations
of the Bar Reporter’s real food critic for almost more years than I’ve been alive, Max
Bokol. I’m not knocking Max either but
let’s face it, sometimes your wallet only
allows for something to “shove-in-yourmouth” as you walk through Rittenhouse
Square and sometimes you only have
enough time for a pitiful grab’n go and
bring back to your desk. And who wants
to spend $15 for a three-minute chomp?
So, without further ado, let me tell you
about my first cheap eats recommendation – one of the hottest lunch spots in
town, Five Guys Famous Burgers and
Firms Train City Teens for Careers
The Bridges Program, founded in
1998 and directed by Dechert LLP,
conducted its ninth graduation ceremony
on June 6 in an event hosted by Duane
Morris LLP. Nineteen Philadelphia youth
graduated from the 12-month internship and training program dedicated to
preparing the city’s high school students
for meaningful careers in professional
service firms, health care systems, government agencies, businesses, and nonprofit
organizations. The 2007 class brings the
Bridges alumni total to 154.
Bernhard W. Witter, former executive
vice president for operations at Dechert
and the founder and current chair of the
Bridges program, awarded the certificates
along with Joyce Krajian, the program’s
executive director. Michael Nutter,
Democratic nominee for mayor of Philadelphia, was the keynote speaker.
Law firms employing the 2007 Bridges
class were Dechert LLP; Ballard Spahr
Andrews & Ingersoll, LLP; Reed Smith
LLP; Wolf, Block, Schorr and Solis-Cohen LLP; Schaff and Young, PC; Duane
Morris LLP; and Greenberg Traurig, LLP.
With its unique combination of
classroom instruction, on-the-job training, and life skills development, Bridges
enables urban youth to make a successful
transition from school to a professional
environment. Upon completing high
school and the Bridges Program, each
graduate begins full-time employment
at the organization where he or she was
an intern, or at another participating
employer.
Fries at 1527 Chestnut
dogs ($2.99); although
By Chip Berger
St., a Washington, D.C.,
they can’t really be
based-chain. According
kosher if cooked on the
to their Web site, there
same grill as cheeseburgreally are five guys and
ers!); and grilled cheese
they are brothers. The
and veggie sandwiches
lunchtime lines look
($2.29). Drinks are
daunting but the wait is
$1.59 but come with
not long with almost a
free refills. If you are
dozen people behind the
looking for atmosphere
counter assembling the
or a gourmet burger,
burgers (all toppings are
head to Rouge, a few
free) and serving up the
blocks away on Rittenfries in paper bags. They even have bowls
house Square, but be sure to hit an ATM
of peanuts to munch on while you wait.
first. At Five Guys, the music is loud and
The menu is not extensive and focuses
there is nothing fancy about this place
on the burger, the regular of which at
but if you want a cheap burger and some
$4.29 gets you two patties, while the
darn good fries, check them out.
“little burger” ($2.99) has one. Cheese
And since I am always looking for
and bacon cost extra. Not many leave
more options, I welcome your recomwithout the fries (a regular order costs
mendations. Like me, you too can come
$1.99 and the large, with enough calories
up with a pseudonym so nobody finds
and carbs for a month, will set you back
out what cheapskates we really are.
$3.89). They are boardwalk- style, cooked
in peanut oil and come in “Five Guys”
Tell us your favorite place for cheap eats by
or Cajun styles. There are also kosher hot
e-mailing [email protected].
Let your
uncle
help you get to work.
DeCola Detectives Inc.
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philadelphiabar.org
TransitChek can save you up to $400 a year by letting you pay for your public transit or van pool
commute with pre-tax earnings. Your boss will thank you because employers get a tax break, too.
For info, visit GetTransitChek.org or call 1-800-355-5000. Learn how you both can send less money to Uncle Sam.
Delaware Valley
Getting to work can be a lot less taxing.
Delaware Valley Regional Planning Commission
SEPTA/DART First State/NJ TRANSIT
PATCO/VPSI Commuter Vanpools/AMTRAK
1
Sunah in the City
Too Many Hours? Step Outside and Breathe
I am not certain if it was the endNow, it was only three days that were
less billable hours of the past few months
made pleasantly bearable by flowers sent
or the daily consumption of all-you-canby co-workers and visits from friends. It
eat buffets on a recent
was three days, however,
By Sunah Park
family cruise, but I had
without being able to
to visit the Jefferson
bill. My Blackberry had
Hospital emergency
spotty reception and it
room unexpectedly a
was very frustrating trycouple of weeks ago.
ing to stay in touch with
Thinking I would just
the office. Moreover, I
get some miracle medihad an IV stuck in me
cine and then head into
that made being on my
the office for another
Blackberry a bit awk12-hour billable day, I
ward (by the way, being
did not have anything
on intravenous fluids for
with me except my
three days does not guarpurse, Blackberry and
antee any weight loss).
cell phone. As it turns out, I ended up
Of course, I knew I was addicted to
being admitted.
my Blackberry even before I landed in
Bar Foundation
phia region.
CBAP has the support of a Board of
Directors consisting of 45 professionals
representing various major law firms, law
schools and city government. The board is
committed to CBAP’s continued success
and is intricately involved in its programs,
services and development. Supported
by a talented, experienced and extremely
committed staff and its Board of Directors, CBAP has developed into a highly
efficient and successful organization. It is
through their efforts that CBAP is able
to offer quality pro bono legal services in
the highly specialized area of consumer
bankruptcy law.
The Bar Foundation supports the
Consumer Bankruptcy Assistance Project
through grants made possible by the Rais-
Judge Green
portunity to speak with an attorney who
recently appeared before The Judge and
whose legal position The Judge refused
to accept. Despite the heated exchange
between them, this attorney, too, spoke
of The Judge with the utmost “respect
and admiration,” two words that are
commonly uttered by those who speak
of him.
As a child, I believed that my uncle was
my own personal mentor. Over the years,
ing The Bar Campaign, Access To Justice
and special events that bring friends and
adversaries together for a great cause,
while making a difference for organizations so heavily relied upon such as
CBAP. We need your financial support in
order to continue to support CBAP and
all of our other grantees. You can start
now by making a contribution to our Access to Justice Campaign that is currently
under way. You can see to it that your
firm joins the Raising The Bar Campaign.
You can join the Andrew Hamilton
Circle or Advocates of Justice. You can
sponsor and attend our Andrew Hamilton Gala on Nov. 17. Your contributions
are vital to the Bar Foundation to ensure
that we can make “access to justice” possible for all Philadelphians.
Elaine Rinaldi, a partner at Cozen O’Connor,
is president of the Philadelphia Bar Foundation.
I have come to realize that he strived to
have a positive impact on everything and
everyone that he touched, regardless of
how brief the encounter. His death at
age 84 made my encounter with him far
too brief. He achieved his goal of having
a broad-reaching, positive impact and
he can rest peacefully, knowing that the
impact of his efforts on the lives of others
will long surpass his death.
Heather J. Holloway, an associate at Thorp
Reed & Armstrong, LLP, is an associate editor
of the Philadelphia Bar Reporter.
the hospital. And being in the hospital
is no cure for a Blackberry addiction (as
evidenced by my checking on the dockets
in a case while my doctor was explaining
my test results and by my emailing my
office while the nurse attempted to take
my blood pressure). But since coming out
of the hospital, I learned that I actually
suffer from another affliction as well: an
addiction to billable hours!
When I was billing those crazy hours
in the spring, I could not care less about
how many hours I was racking up. All I
wanted was a reprieve. Be careful what
you wish for. My reprieve came in the
form of a hospital stay. But then I realized
all those months of billing left me craving
more and more billable hours. Since returning to the office, I am still consumed
by all-you-can-bill days. I regretted those
three days just lying in the hospital, wasting precious billable hours.
Fortunately, an addiction to billable
hours is treatable. A healthy dose of
eating good meals (preferably cooked by
someone else), hanging out with great
friends and taking multiple weekend
trips will keep my affliction manageable.
And if that does not work, summer is a
natural cure for anyone afflicted with any
ailment. So if you find yourself suffering
from a billable-hour addiction, I am no
doctor, but I would recommend that you
go outside and just breathe.
Civil Rights
stripped from the Guantanamo inmates
by legislation in late 2006. There is pending in Congress legislation introduced by
Sen. Patrick Leahy that would restore that
right. The Philadelphia Bar Association
has consistently, strongly, and recently,
supported the right to habeas. Such a
restoration would be consistent with the
finest traditions of American law and of
the Association.
congressional action to eliminate them. It
had considerable initial success with the
support of congressional majorities, while
the country was in the post-9/11 climate
of fear. That picture has begun to change
as the two other branches of government
have increasingly exercised their constitutional roles.
One current and extremely important
issue is the right to habeas corpus that was
Jenkins is your
legal concierge!
Sunah Park, a partner at Thorp Reed &
Armstrong, LLP, is editor-in-chief of the Philadelphia Bar Reporter.
Michael J. Carroll is co-chair of the Civil
Rights Committee and an attorney with Community Legal Services.
833 Chestnut East, Suite 1220
Philadelphia, PA
215.574.1505
www.jenkinslaw.org
Jenkins Law Library
We save you time and money!
We’re not just books!
We give you remote access to Lexis!+
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philadelphiabar.org
Photo by Brett Schaeffer
jewish law day
Harris T. Bock, co-chair of Jewish Law Day, (from
left) is joined by Chancellor Jane Dalton, Pennsylvania Superior Court Judge Robert C. Daniels, Pennsylvania Supreme Court Justice James J. Fitzgerald
III, Michael J. Berkowitz, Chancellor of the Louis D.
Brandeis Law Society and Jewish Law Day co-chair
Adam E. Laver at the June 6 event. The 25th annual
program, presented by the Committee of Judges and
Lawyers, the Board of Rabbis of Greater Philadelphia
and the Brandeis Law Society, honored Judge Daniels
and Justice Fitzgerald. Dr. Jonathan Sarna, a commentator on American Jewish history, was the guest
speaker at the event.
women in the profession Committee
In-House Counsel Tell What Clients Expect
n By Ria C. Momblanco
they know about the company’s business and politics and are willing to work
Good client service is more than just
within the client’s policies. For example,
delivering an outstanding work product.
some companies may want to litigate
According to three in-house attorneys
most matters while others may prefer to
who gave a panel presentation at the May
settle matters. Some companies may be
22 meeting of the Women in the Profesdealing with plans to create new products,
sion Committee,
while others may
clients value attorneys
be concerned with
who understand the
focusing their busipol-itics of the client’s
ness. Outside counsel
company, who help
that understand a
ease the various deVisit philadelphiabar.org to listen to client’s preferred
mands on in-house
strategy will be able
the podcast from this meeting.
counsel, and who
to tailor their advice
regularly update the
so that it suits the
client so that there are no surprises.
needs of the client. As another example,
The panel on “What Clients Want”
some companies, such as her own, have
featured Lorraine Koc, vice president
a set of policies that they expect outside
and general counsel for Deb Shops, Inc.;
counsel to follow. Those policies may
Teresa Ciccotelli, divisional counsel for
include caps on hourly rates or guidelines
Saint-Gobain Corporation; and Wanda
on the number of attorneys that should
Flowers, chief counsel of labor, EEO and
be sent to a deposition. It is important
Employment at Sunoco, Inc.
for outside attorneys to do their best to
According to Koc, in-house attorneys
comply with those policies and to quickly
often have to contend with a number of
inform in-house attorneys of any issues
substantive legal areas, ranging from labor
that may arise.
law issues to intellectual property matters.
Ciccotelli also stressed the need to
While an in-house attorney may be wellmaintain an open line of communication
equipped to handle several of those issues
with the in-house attorney who assigned
for his or her company, there are instances
the matter. Keep in mind that in-house
when it becomes necessary to seek specialattorneys want to be made to look good
ized advice from outside counsel. In those
in the eyes of the general counsel. Because
instances, in-house attorneys are responof this, they want to be aware of all issues
sible for making an analysis in determinconcerning the legal matters that they’ve
ing whom to hire and the amount of
assigned and they do not want any
the budget that will be spent on getting
surprises. “If you have a relationship with
the needed advice. To assist in-house
someone in-house and you’re working on
attorneys in making those decisions, Koc
a matter for them,” said Ciccotelli, “it’s
recommends giving in-house counsel an
imperative that you keep a direct line of
overview of the project that includes an
communication open to them and make
assessment of the legal issues, a timeline of
sure they hear things before other people
the project, and the estimated costs.
in their organization do.”
Ciccotelli emphasized that clients like
Flowers underscored that more comit when outside counsel demonstrate that
panies, including her own, are imple-
podcast
Spotlight
philadelphiabar.org
menting diversity initiatives. Such clients
will often want to pursue business with
women and minority attorneys, and they
value firms that give their women and
minority associates training opportunities
and greater client visibility.
The panelists agreed that attorneys
should be proactive in pursuing business
with clients. “You shouldn’t be discouraged because you didn’t get that case that
you may have brought to the [in-house]
attorney’s attention, but you should still
try to nurture that relationship,” since
that relationship may ultimately lead to
an opportunity in the future, Flowers
said.
Ria C. Momblanco is an associate with Fine,
Kaplan and Black, R.P.C.
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3
Commentary
He’s Seen This Show Before and Didn’t Like It
n By Marc W. Reuben
When asKed to freQuent a theater showing the latest installment of
the “Pirates of the Carribean” series, I
refused. Likening myself to the numerous decent people who reluctantly voted
for the sitting president last time around,
I found myself pondering the prospect of
getting involved with what I knew would
be a substandard product based on past
performance. The first pirate movie was
charming because it was based upon
nothing specific and contained performances by a lot of people who could
do much better but preferred the easy
gratification of mass-market culture.
Of course running the country is
something more serious than acting in
an action flick, although the amount
of fictional nonsense emitted by the
government matches the ribald posturing of the pirate films. Masses of grateful
Arabs throwing flowers and candy at our
troops! Who but an imbecile would have
fallen for such nonsense? Unlike action
movies, the actors killed in the ridiculous
war don’t get up after the scene is ended.
There will be no happy ending. Those
who offer up their lives and futures are
not dying to save innocent citizens in
harm’s way. Every warning against the
foolish and ill-managed war was made
in public and ignored by the public. The
multi-million cost of one pirate movie is
matched by the multi-billion contracts
for Haliburton and other profiteers who
suck the citizenry of tax dollars in the
name of patriotism. Just as the pirate
movies have gone on too long, the war is
going nowhere.
What are citizens to do? One can refuse to see a movie that is essentially useless. But what about a mismanaged war?
Lincoln had that problem. But he had
the future of the nation at stake. What
has this production of war got at stake?
Will the entire population of extremist
degenerates think less of us if we go? Do
we need a return for the billions spent
and thousands of lives lost?
What we need is someone to say “no,”
instead of the hundreds of politicians who
are terrified of their shadows (including
the last Democrat who ran for president
- the reason why many voters reluctantly
returned a discredited leader to office).
Only Dennis Kucinich was in national
government at a time when his “no” was
gleefully ignored. The publicus moronicus takes their politics much like they
4
decide what movie to see. If you wave a
flag in front of the average voter and call
out for Jesus you will find an obedient, uncritical public. Print a picture of
Johnny Depp and millions will come to
see repetitious junk, no questions asked.
What is easier than uncritical culture?
What modern culture has taught
us is that Americans do not like to ask
questions any more than slave subjects of
tyrant regimes. They go to war as uncritically as they go to movies, and accept the
same half-witted generalities as justification for both. Not that Americans were
JULY
CLE COURSES
The CLE
Conference Center
July 11
20th Annual Civil Litigation Update
• The CLE Conference Center
Wanamaker Building
10th Floor, Ste.1010
Climate Change Law for Pennsylvania Lawyers
July 12
The Healthcare Crisis • The CLE Conference Center
July 17
Advanced Issues in Social Security Disability
Condominiums in a Volatile Market
July 18
Anatomy of the Extremities • The CLE Conference Center
Internet Research – the Basics • The CLE Conference Center
Prior Art 2007: The PTO and CAFC Perspective on
Patent Law Section 102 • The CLE Conference Center
July 19
Sending the Right Message to the Jury: Communicating
Persuasively During Voir Dire and Trial
July 24
Fundamentals of Insurance Law • The CLE Conference Center
July 25
Bridge the Gap • The CLE Conference Center
July 26
Representing Non-English Speaking Clients
The Nuts & Bolts of Forfeiture and Return of Property
Proceedings • The CLE Conference Center
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philadelphiabar.org
CALENDAR OF EVENTS
Note: While the following listings have been verified prior to press time, any scheduled
event may be subject to change by the committee or section chairs.
Wednesday, July 4
Fourth of July: Bar Association offices
closed.
Thursday, July 5
ing, 12 p.m., 10th floor Board Room.
Lunch: $7.50.
Thursday, July 12
Health Care Law Committee: meet-
Friday, July 6
Lunch: $7.50.
Legislative Liaison Committee: meeting, 12:30 p.m., 11th floor Committee
Room South. Lunch: $7.50.
Law School Outreach Committee: meet-
Friday, July 13
Civil Rights Committee: meeting, 12
p.m., 11th floor Conference Center.
Lunch: $7.50.
Committee on the Legal Rights of Lesbians and Gay Men: meeting, 12:30 p.m.,
11th floor Committee Room.
Monday, July 9
Law School Outreach Committee: meet-
ing, 12 p.m., 11th floor Conference
Center.
Philadelphia Lawyer magazine Editorial
Board: meeting, 12:30 p.m., 10th floor
Board Room.
Workers’ Compensation Section: meet-
ing, 12 p.m., 11th floor Conference
Center. Lunch: $7.50.
Federal Courts Committee: meeting,
12:30 p.m. 10th floor Board Room.
Lunch: $7.50.
LegalLine: 5 p.m., 11th floor LRIS
offices.
Philadelphia Bar Foundation Board of
Trustees: meeting, 12 p.m., 11th floor
Board Room.
Tuesday, July 17
Section Chairs: meeting, 8:30 a.m.,
10th floor Board Room.
Cabinet: meeting, 12 p.m., 10th floor
Board Room.
Wednesday, July 11
Wednesday, July 18
Committee Room South.
Criminal Justice Section Executive Committee: meeting, 12 p.m., 10th floor
Delivery of Legal Services Committee:
meeting, 8:30 a.m., 10th floor Board
Room.
Appellate Courts Committee: meet-
Commentary
any more intelligent in earlier eras, but
they have more opportunity to delve into
the empty platitudes that they are handed
in place of thoughtful leadership. But the
pace of news distribution runs to happy
television as a from of entertainment, and
when newsmen are not direct stooges of
the government (see FOX News) they
are entertainers who show blood in place
of reporting why it is being shed. This
type of government-inspired newsgathering does not serve the free public, if any
of them ever thought to ask what their
government is doing to them.
The time to withdraw from war was
the day the commander skipped down
the red carpet to say we’d won. He should
have turned the ship around that day
and brought the boys home. Instead he
professed the job undone and continued a
philadelphiabar.org
Workers’ Compensation Section Executive Committee: meeting, 10:30 a.m.,
11th floor Committee Room.
war that has benefited only terrorists and
Haliburton and has gained us only tiny
advantages that will be wiped away the
moment we are gone. A monkey could
have foretold this much.
I have saved the price of a ticket to a
movie by refusing to go along with the
millions who gather to enjoy an empty
piece of useless fluff. Good for me. But
saving the lives of gallant soldiers ordered
to fight like the Light Brigade and for the
same effect, would be a useful measure of
saying “no.” If liberals were only cheesy
enough to wave a flag and yell for Jesus,
we might have enough peace to deal with
the third world millions who like neither
the flag nor Jesus and who really do need
a lesson.
Instead of pirates, watch “Passage to
Marsailles.”
Marc W. Reuben, a sole practitioner, is an advisory editor of the Philadelphia Bar Reporter.
Committee: meeting, 12 p.m., 11th
floor Conference Center.
Elder Law Committee: meeting, 1 p.m.,
10th floor Board Room. Lunch: $7.50.
Board of Governors: meeting, 4 p.m.,
10th floor Board Room.
Family Law Section Executive Com-
Friday, July 27
mittee: meeting, 12 p.m., 11th floor
Women’s Rights Committee: meet-
Committee Room South.
Environmental Law Committee: meet-
Friday, July 20
12 p.m., 11th floor Committee Room
South.
Lawyer Referral and Information Service
Lunch: $7.50.
Tuesday, July 10
meeting, 12 p.m., 11th floor Conference Center. Lunch: $7.50.
Technology Committee: meeting, 12
Public Interest Section Executive Com-
Small Business Committee: meeting,
Minorities in the Profession Committee:
Law Practice Management Division
Business Law Section Executive Com-
Board Room.
Thursday, July 26
8 a.m., 10th floor Board Room.
Monday, July 16
Board Room.
Lunch: $7.50.
Disaster Planning Committee: meeting,
ing, 12:30 p.m., 10th floor Board
Room. Lunch: $7.50.
Medical Legal Committee: meeting, 12
Thursday, July 19
11th floor Conference Center. Lunch:
$7.50.
Family Law Section: meeting, 12 p.m.,
Wednesday, July 25
Social Security Disability Benefits Committee: meeting, 12 p.m., 11th floor
Conference Center. Lunch: $7.50.
Law School Outreach Committee: meeting, 12 p.m., 10th floor Board Room.
Monday, July 23
Young Lawyers Division Cabinet: meet-
ing, 12 p.m., 10th floor Cabinet Room.
Lunch: $7.50.
Law School Outreach Committee: meeting, 12 p.m., 11th floor Conference
Center.
Monday, July 30
Young Lawyers Division Executive Committee: meeting, 12 p.m., 10th floor
Board Room.
Tuesday, July 31
Criminal Justice Section: meeting, 12
Lunch: $7.50.
Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks
for luncheons and programs should be made payable to the Philadelphia Bar Association and
mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2911. Send
Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia
Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, Pa. 19107-2911.
Fax: (215) 238-1159. E-mail: [email protected].
ATTORNEY DISCIPLINARY / ETHICS MATTERS
0ENNSYLVANIAAND.EW*ERSEYMATTERS.OCHARGEFORINITIALCONSULTATION
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INVOLVINGETHICALISSUESANDTHE2ULESOF0ROFESSIONAL#ONDUCT
James C. Schwartzman, Esq.
&ORMER#HAIRMAN$ISCIPLINARY"OARDOFTHE3UPREME#OURTOF0ENNSYLVANIA&ORMER&EDERAL0ROSECUTOR
&ORMER#HAIRMAN#ONTINUING,EGAL%DUCATION"OARDOFTHE3UPREME#OURTOF0ENNSYLVANIA
Dana Pirone Garrity, Esq.
2EPRESENTINGATTORNEYSINDISCIPLINARYETHICSMATTERSFORYEARS!UTHOR3PEAKERONETHICSMATTERS
1818 Market Street, 29th Floor, Philadelphia, PA 19103
(215) 751-2863
People
Catherine. C. Carr,
executive director of
Community Legal
Services of Philadelphia, was presented
with the prestigious
Alumni Award of
Merit by the University of Pennsylvania Law Alumni Society.
The Alumni Award of Merit recognizes
those who have made extraordinary
contributions to their profession as well
as to Penn.
M. Kelly Tillery and Joseph J. Serritella,
partners with Pepper Hamilton LLP,
spoke at the Pennsylvania Bar Institute’s
Intellectual Property Law Institute on
April 17 and 18.
Joseph M. Manko, a founding partner of
Manko, Gold, Katcher & Fox, LLP, participated in the Pennsylvania Bar Institute
panel discussion “Global Warming: Is
There a Legal Remedy to Reverse Climate
Change?” on May 18. He received the
Curtin Winsor Award by the Pennsylvania Environmental Council at its 37th
Annual Philadelphia Dinner on June 14.
Justin B. Wineburgh, a member of Cozen
O’Connor, recently participated in a
panel discussion on the topic of “Real
Life: You’re a Lawyer” at Widener University School of Law in Wilmington, Del.
Wineburgh discussed his experiences as
an entertainment attorney and provided
practical advice for future attorneys.
Marc S. Raspanti and Michael A. Morse
of Miller, Alfano & Raspanti spoke at the
Health Care Compliance Association’s
11th Annual Compliance Institute on
April 24 in Chicago.
Charles W. Craven, a shareholder with
Marshall, Dennehey, Warner, Coleman
& Goggin, has been elected a Fellow
of the American Academy of Appellate
Lawyers.
Neal A. Jacobs, managing attorney of The
Jacobs Law Group, PC, presented “Using
Partnerships and Joint Ventures To Grow
and Prosper” on April 19.
Jill Hyman Kaplan and Jonathan H. Sper-
gel, partners with Manko, Gold, Katcher
& Fox, LLP addressed attorneys, business
owners, lending professionals, project
managers, real estate agents and brokers,
engineers, developers, and planners on
“Real Estate Development From Begin-
6
Julia M. Rafferty, an
ning to End in Pennsylvania” on June 13
at The Macungie Institute, Macungie, Pa.
Patricia M. Hamill,
a shareholder with
Conrad O’Brien
Gellman & Rohn,
P.C., has been
elected to the board
of directors of PathWaysPA, a social
services organization serving more than
4,400 women, children and their families
in the region.
associate with Stradley Ronon Stevens &
Young, LLP, has been
appointed to the Girl
Scouts of Eastern
Pennsylvania’s Board
of Directors.
Natalie D’Amora
Property Insurance Litigation from the
Perspective of the Insurers, Insureds and
Others” in April in Amelia Island, Fla.
Sharon Browning and D. Alicia Hickok re-
ceived the Pennsylvania Bar Foundation’s
Louis G. Goffman Awards for outstanding pro bono work on June 20.
Elena Park, a
of Dilworth Paxson,
recently participated
as a panelist in the
General Building
Contractors Association breakfast
meeting addressing
“Current Legal Issues Facing the Construction Industry.”
member of Cozen
O’Connor, received
the Pennsylvania Bar
Association’s 2007
Pro Bono Award for
her efforts for pro
bono clients, many
of whose cases focus on delicate and complex matters of immigration and asylum.
Stewart M. Weintraub, a partner with
Schnader Harrison Segal & Lewis LLP,
has been appointed vice chair of the
American Bar Association Section on
Taxation’s Committee on State and Local
Taxes for the 2007-2008 term.
Nancy Winkelman, a partner with
Schnader Harrison Segal & Lewis LL, is
the co-editor and a chapter author of the
“Third Circuit Appellate Practice
Manual,” which was published in April
2007 by the Pennsylvania Bar Institute.
Alfred J. Carlson, a partner with Martin,
Deborah J. Zateeny, a partner at Lundy
Dianne Elderkin and S. Maurice Valla,
Zateeny Loftus, LLP, was a panelist at the
Pennsylvania Bar Institute’s 5th Annual
Nonprofit Institute in Philadelphia on
May 15.
Adam C. Bonin, a member of Cozen
O’Connor, recently participated on a
panel on “Campaign Finance Law, Issue
Advocacy and the Supreme Court,”
sponsored by the American Constitution
Society in Washington, D.C.
William K. Stewart, a partner with Kaplin
Stewart Meloff Reiter & Stein, P.C., was
recently nominated and approved to be
on the Board of Directors of The Pennsylvania Prison Society.
Michael P. Spiro of Flaster/Greenberg in
its Cherry Hill office, recently received
the 2007 Graduate Tax Faculty Award
from Temple University Beasley School
of Law.
Joseph C. Huttemann, a partner with
Martin, Banks, Pond, Lehocky & Wilson, recently served as a speaker for the
Bucks County Bar Association’s seminar
entitled “Workers’ Compensation: Burdens of Proof.”
James R. Kahn of Margolis Edelstein, has
successfully achieved Board Certification as a civil trial advocate through The
National Board of Trial Advocacy.
Jeffrey A. Lutsky, Managing Partner of
Stradley Ronon Stevens & Young, was
recently elected a Fellow of the American
Bar Foundation.
partners with Woodcock Washburn LLP,
will participate in two panel sessions at
BIO 2007 May 6-9 in Boston.
Danielle Banks, a
partner with Stradley
Ronon Stevens &
Young, recently
received the Cecil B.
Moore Community
Service Award at the
38th Annual Temple
University Beasley School of Law Black
Law Students Association Banquet.
Jay M. Levin, of counsel with Reed Smith
LLP, recently spoke about an insurer’s
obligation to pay undisputed amounts
due to an insured at the American Bar
Association’s Property Insurance Law
Committee Annual Spring CLE Meeting
in Amelia Island, Fla.
Tony Chan, an associate with Dechert
LLP, recently received an Outstanding Volunteer Award from Rebuilding
Together Philadelphia.
Banks, Pond, Lehocky & Wilson, participated in PESI’s 20th Annual Pennsylvania Workers’ Compensation Law
Seminar. He provided an overview of the
2006 amendments to the Pennsylvania
Workers’ Compensation Act.
Jonathan H. Newman of Obermayer
Rebmann Maxwell & Hippel LLP has
been named chair of the Supreme Court
of Pennsylvania Disciplinary Board.
Christopher J. Perillo, a solo attorney and
private neutral, spoke at the American
Bar Association’s ADR in Bloom Spring
Conference on April 26 in Washington,
D.C. He discussed the “HealthCare ADR
Tool Kit” for arbitrators and mediators.
Paul D. Keenan, senior partner at Keenan
Cohen & Howard P.C., recently participated in the panel discussion on multimodal freight litigation at the Transportation Lawyers Association Annual
Conference in San Antonio, Texas.
Paul C. Heintz, a senior partner with
Obermayer Rebmann Maxwell & Hippel
LLP, was elected to the Board of Regents
of the American College of Trust and Estate Counsel at the annual meeting of the
College on March 8 in Scottsdale, Ariz.
Robert A. Rovner, senior partner with
nNAMES ARE NEWS
Douglas R. Widin, of counsel with Reed
“People” highlights news of members’
awards, honors or appointments of a
community or civic nature. Information
may be sent to Jeff Lyons, Senior Managing Editor, Philadelphia Bar Reporter,
Philadelphia Bar Association, 1101 Market
St., 11th fl., Philadelphia, Pa. 19107-2911.
Fax: (215) 238-1267. E-mail: reporter@
philabar.org. Color photos are also
welcome.
Rovner, Allen, Rovner, Zimmerman &
Nash, was honored with the “Spirit of
Life” Award at a reception hosted by the
City of Hope on June 6.
Smith LLP, recently served as Program
Co-Chair for the American Bar Association’s Property Insurance Law Committee
Annual Spring CLE Meeting “The Other
Side of the Coin – Advanced Topics in
philadelphiabar.org
philadelphiabar.org
8/10/06
9:54 AM
Page 1
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philadelphiabar.org

July 2007 - Philadelphia Bar Association

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