March 2010 - Philadelphia Bar Association

Transcription

Philadelphia
®
The Monthly Newspaper of the Philadelphia Bar Association
Vol. 39, No. 3
March 2010
New Bar
Academy to
Host Union
March 29
D.A. Wants to Fix ‘Broken’ System
District Attorney R. Seth Williams met with the Criminal Justice Section Feb. 23 and discussed his plans.
n By Jeff Lyons
New Philadelphia District Attorney R. Seth Williams told members of the Criminal Justice Section he wants
to reorganize his office’s Charging Unit to make sure the
only people being charged with crimes are the individuals
who are guilty.
Williams, who met with the Section on Feb. 23, his 50th
day in office, said his goal is to seek justice and to make sure
only the right people are charged with crimes.
“It’s my goal to see to it that we reduce recidivism and
Photo by Jeff Lyons
n By Jeff Lyons
make the city safer. And I believe that crime prevention is
much more beneficial than crime prosecution only,” Williams
said.
“If we can, through the cases that we charge, find ways to
get more people the assistance that they need and the certainty of treatment much quicker and much earlier on, that
will end up benefiting them, the victims and the bottom line,
which is saving money,” he said.
“The system has many problems. It’s important that we discuss these problems and then hopefully to see how collectively
we can address them. It’s going to take all of us working dilcontinued on page 16
Get Tickets Now to Hear
CNN’s John King March 17
n By Mark Tarasiewicz
He is one of the leading political analysts in
television news, and CNN’s chief national correspondent. As a key part of the network’s innovative “America Votes” coverage of the 2008
presidential campaign, John King pioneered
the use of CNN’s “magic wall” of maps and
pie charts, which allowed him to delve into
data and track delegates like never before on
election nights.
King will be the keynote speaker at the Bar
Association’s Quarterly Meeting on Wednesday, March 17 at 12 p.m. at the Hyatt at The
Bellevue, Broad and Walnut streets. Tickets are
continued on page 15
Major League Soccer
is coming to Philadelphia and Association
members have the
opportunity to get a
first-hand look at the
city’s newest professional
sports franchise on Monday, March 29 as
part of the new Philadelphia Bar Association Academy.
Philadelphia Union President Tom Veit
will address Bar Association members at
The CLE Conference Center on the 10th
floor of the Wanamaker Building from
12 to 1:30 p.m. In this exclusive session,
members will get a virtual preview of
the Union’s new 18,500-seat stadium in
Delaware County and learn the basics of
soccer. Team players, fresh off their firstever game March 25, have been invited
to appear for a demonstration of soccer
basics.
Philadelphia was awarded Major
League Soccer’s 16th team on Feb. 28,
2008.
According to the team’s Web site, the
team’s navy blue and gold colors represent
the Continental Army’s uniforms during
In This Issue
4 Going Green
5 Golf Classic
7 Gaining Business
8 YLD Bootcamp
10 Civil Gideon
20 Guidance Opinions
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Philadelphia Bar Reporter March 2010
philadelphiabar.org
Frontline
Editor-in-Chief
Asima Panigrahi, Esq.
Editor Emeritus
Bruce H. Bikin, Esq.
Associate Editors
Heather J. Holloway, Esq.
Ria C. Momblanco, Esq.
Regina Parker, Esq.
Thomas Bryan, Esq.
Edward P. Kelly, Esq.
Sarah K. Lessie, Esq.
Mary T. Kranzfelder, Esq.
Julia Swain, Esq.
Nicole Edwards, Esq.
Contributing Editor
Richard Max Bockol, Esq.
Advisory Editors
Sunah Park, Esq.
Molly Peckman, Esq.
Marc W. Reuben, Esq.
Associate Executive Director,
Communications
Mark Tarasiewicz
Senior Managing Editor,
Publications
Jeff Lyons
Executive Director
Kenneth Shear
The Philadelphia Bar Reporter (ISSN 10985352) 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 191072955. Telephone: (215) 238-6300. Association
Web site: philadelphiabar.org. Newspaper email address: reporter@philabar.org. 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 19107-2955. Phone: (215)
238-6345. Fax: (215) 238-1159. E-mail:
reporter@philabar.org.
philadelphiabar.org
Opposing the Proposed Sales Tax
on Legal Services in Pennsylvania
“Don’t tax you, don’t tax me, tax that
fellow behind the tree.”
- former Louisiana Sen. Russell B. Long
This month, we turn our attention
to a very dangerous tax contained in the
proposed 2010-11 Pennsylvania General
Fund Budget. As most of you know, the
current budget proposal includes eliminating the sales tax exemption for legal
services and 73 other presently exempt
“essential” goods and services.
No issue in recent memory has
galvanized such universal opposition
by attorneys in all practices across the
Commonwealth. Your Bar Association is
fighting aggressively for you and our clients on this critical issue. We are using a
broad-based approach of media outreach,
lobbying in Harrisburg and education
initiatives. I took the additional step last
month of sending a letter to every member of the Association on this issue. Despite the fact that the initial reaction
by many in Harrisburg was to stop the
tax code reform, we cannot be lulled into
a sense of false security. The sound bite of
a “lawyers’ tax” is already making its way
through the Commonwealth.
This tax will destroy
The problem is, this
By Scott F. Cooper
the precise high-educais not a tax on lawyers;
tion and significant init is a tax on clients. Our
come tax-paying jobs we
law firms will be forced
desperately need to keep
to do what every other
in Pennsylvania. Busibusiness does with a sales
ness purchasers of
tax – pass it through to
commercial legal services
the customer. The only
will divert work out of
way for a client to avoid
the Commonwealth to
paying the tax is to avoid
save money. The Internet
purchasing the service all
has already shown that
together. This is precisely
national businesses will
the opposite result cliaggressively move legal work based upon
ents need by the time they conclude they
both quality and price.
need legal counsel.
Think of it like driving across the bor Moreover, a sales tax on legal services
der to Delaware to save on the sales tax
is effectively double taxation. As we know,
– but to the tune of hundreds of millions
those who use the courts already pay costs
of dollars in lost taxable revenue.
in the form of court fees, and many legal
If using a Pennsylvania lawyer autransactions such as real estate closings
tomatically adds 4 percent or more to
and estate administrations are already
the invoices we send our clients, those
taxed in some other form.
clients are going to direct the work
Enacting a sales tax on legal services
elsewhere. The problem is even worse for
would be disastrous for those Pennsylvaus in Center City. If the Commonwealth
nians most at risk, and it will drive siglifts the sales tax exemption, Philadelphia’s
nificant jobs out of the Commonwealth.
sales tax would automatically apply to
For while our clients will bear this cost
the non-exempt services. Not only will
directly, we who represent them will bear
the cost in many other harmful ways.
continued on page 7
Legal Directory 2010 Updates Areas of Concentration
You told us, and we listened: The
Legal Directory 2010 features revamped
areas of concentration (AOC). These
three letters at the end of a listing tell you
an attorney’s concentration. Organized
by category, the new, enhanced list more
closely reflects the current legal environment, helping you find the exact attorney
and area of expertise you need. Every
lawyer listing comes with a free AOC.
“In revamping the areas of concentration, we tried to best reflect the realities
of practicing law in today’s market,” said
Paul Kazaras, deputy executive director of
the Philadelphia Bar Association.
Along with improved options for
attorneys to define their specialties, The
Legal Directory 2010 is available when
you’re on the go, thanks to a new mobile
component. Connect to thousands of
lawyer and law firm listings with your
BlackBerry wherever there’s an Internet
connection.
The mobile version of The Legal Directory features a more streamlined interface
WebCheck
designed to work with your BlackBerry
screen, and it’s also interactive. Click on a
phone number and your device will dial
it; tap an e-mail address and your mobile
device will generate an e-mail screen.
Best of all, this mobile component is
free with purchase of the traditional print
version.
When you’re back in the office, you
can access the thousands of listings via
The Legal Directory Online, where you can
also update your listing all year long.
The Legal Directory’s impressive print
version packs a wealth of information
into one volume including:
• Federal, state and county courts and
government agencies;
• An index of judges, with phone
numbers and addresses;
• Attorneys listed alphabetically and
To place your order for the
The Legal Directory 2010, visit
thelegaldirectory.org.
indexed by area of concentration;
• A special section devoted to corporate
counsel;
• Alternative dispute resolution
resources;
• A business-to-business supplier section tailored to the legal community;
• Bar Association bylaws, contacts and
committees;
In this economy, it’s more critical than
ever to access up-to-date information.
Firms have merged, organizations’ boards
have changed and many attorneys have
changed firms. You can always rely on
The Legal Directory to have the up-to-date
information you need, wherever you need
it.
The Legal Directory is the only official
directory of the Philadelphia Bar Association.
March 2010 Philadelphia Bar Reporter
3
Task Force Tackles Energy Use, Recycling
n By Judy Stouffer
Cooper’s column in the February edition
of the Philadelphia Bar Reporter, where he
announced his Green Ribbon Task Force.
That’s us. While we will be investigating
the Bar Association’s overall energy use
and recycling practices to set the standard for reducing the negative impact its
day-to-day operations may have on the
Do you donate unwanted clothing?
Do you take public transportation? Do
you receive/pay bills online? Do you use
ENERGY STAR bulbs? Going green is
not as difficult as you might think.
You may have read Chancellor Scott F.
environment (i.e., its carbon footprint),
we will be formulating a plan for firms
and other businesses to do the same.
One focus will be the use of paper.
Without a doubt, our profession is one
of the largest producers of paper waste.
Some quick facts: Paper is the largest
category of municipal waste. Each year,
Inside Luzerne County’s
CULTURE OF CORRUPTION
CONTINUING LEGAL EDUCATION
When: Friday, March 26th, 2010. 9:00 AM to 5:00 PM
Where: Temple University, Ft. Washington.
401 Commerce Dr., Ft. Washington, PA 19034
Cost: $125* For Live Seminar (6 Substantive, 1 Ethics CLE)
$105 For Live Webcast (3 Substantive, 1 Ethics CLE)
A
McDevitt
& Kline
t this event, our panelists will discuss
the events which led to the Luzerne
for the Juvenile Law Center in Philadelphia,
PA. Attorney Luke T. Pepper will assist in
County judicial system corruption scandal,
moderating the event, and former NBC10
as well as the likely impact of those events
Philadelphia reporter and La Salle Univer-
2/3 page ad
on the state juvenile system and state and
sity Adjunct Professor, Ellen Kolodziej, will
local laws. Additionally, the panel will analyze
provide a timeline summary of this national
how the United States Supreme Court’s
news story.
review of the Federal Honest Services Fraud
This is a charitable CLE event!
Statute may affect those public officials who
have already been indicted.
Net profits will be donated to the Juvenile
Law Center (www.jlc.org) in Philadelphia,
Although this course will focus on the timely
PA. The Juvenile Law Center uses legal
events occurring in Luzerne County politics,
advocacy, publications, projects, public
the subject matter will apply to govern-
education, and training to ensure that the
mental entities all across the country.
child welfare, juvenile justice, and other
Panelists for this event will include attorney
public systems provide vulnerable children
Peter John Moses of Moses & Gelso, LLP
in Wilkes Barre, PA, and attorney Marsha
with the protection and services they need
to become productive adults.
Levick, Deputy Director and Chief Counsel
REGISTER ONLINE AT WWW.CEWORKSHOPS.COM
OR BY CALLING TOM MCDEVITT DIRECTLY AT 215-990-0781.
McDevitt & Kline, LLC is an Accredited CLE Provider with the PA Supreme Court CLE Board (Provider # 5963).
PA attorneys may earn up to 4 CLE per compliance period via Distance Learning programs. McDevitt & Kline, LLC
is an approved Distance Learning provider with the PA Supreme Court CLE Board. For more information, please
visit www.pacle.org.
* Price includes parking, course materials, coffee, doughnuts, lunch, and reporting fees.
4
about 78 tons of paper and paperboard
are generated (or about 560 pounds per
person in the U.S. alone). In 2008, the
amount of paper recovered for recycling
averaged 113 pounds per person in the
U.S. The paper industry hopes to recover
60 percent of the paper Americans consume by 2012.
Here’s how to help: The recycling of
paper isn’t the only answer and reducing its use in the first place needs to be
explored. We’re not necessarily advocating
a switch to erasable paper (yes, Xerox scientists really have invented reusable paper
that self-erases within 16-24 hours), but
we are asking you to use common sense.
Tip #1: Do you really need that piece
of paper? Let’s face it; we’ve all lost countless hours of time and productivity looking for a missing piece of paper. Printed
information can also pose a security risk
or become obsolete. If you don’t already
scan documents, this is the most effective
way of managing paper. Many outside
companies offer scanning and online
document storage services. Some also offer a “facilities manager” service, which is
another name for a person who works for
the company, but shows up at your firm
just like one of your employees to manage
your firm’s paper flow (U.S. mail, faxes,
copies, scanning, renaming, etc.), for less
than the cost of hiring another employee.
Tip #2: If you have to print/copy, use
both sides of the paper.
Tip #3: Purchase recycled paper and
recycle your toner cartridges.
Perhaps your office already has a plan
in place. If so, we commend you and
would like to hear from you about it.
The Chancellor would like to see more
of us give back to the communities where
we live and work. Serving as greener role
models for not only the public, but for
our staff and families too, will help to
keep our planet from going, going, gone.
The 40th anniversary of Earth Day,
known as the beginning of the modern
environmental movement, is Thursday,
April 22. Stay tuned for more on Going,
Going . . . Green.
Judy Stouffer (JStouffer@BernerKlaw.com)
is a senior paralegal with Berner Klaw & Watson LLP and a member of the Green Ribbon
Task Force.
For More Information
For more information about the
Bar Association’s Green Ribbon
Task Force, contact co-chairs
Michael Hayes at mhayes@mmwr.
com or Kim Jessum at kjessum@
stradley.com.
philadelphiabar.org
BOARD OF GOVERNORS
Bar Academy, Historical Society Get Go-Ahead
n By Jeff Lyons
The Board of Governors has
approved resolutions creating a Bar Association Historical Society and a new
Bar Association Academy, designed to
give members access to Philadelphia’s
cultural, social, educational, and artistic
institutions.
According to the resolution approved
at the Jan. 28 meeting, the Historical
Society is being created for the purpose
of collating, organizing, preserving and
disseminating the great history of this
Association and its members and the role
the Association and its members have
played in the history of Philadelphia, the
Commonwealth of Pennsylvania and the
United States.
“The genesis of the historical society
was Chancellor Scott Cooper’s idea,” William J. Fedullo told the Board. Fedullo is
a co-chair of the Historical Society, along
with Roberta Liebenberg and former
Chancellor Robert C. Heim.
“The Historical Society is going to
be very beneficial to us as keepers of the
flame. This is going to be an inclusive and
WebCheck
on-going process,” Fedullo said.
The resolution for the Bar Association
Academy says understanding cultural,
social, educational, and artistic matters
is critical to attorneys interacting with
their clients and effectively advancing
their careers and enhancing the quality
of their lives. Cooper said the Academy
is going to be “something special” for the
members.
The Board also approved a resolution
amending the bylaws of the Criminal
Justice Section to provide for election of
co-chairs of the section.
The Board also approved the appointment of Board member Brandi Brice to
the Association’s Audit Committee. Brice
is an assistant city solicitor in the Major
Tax Enforcement Unit of the Law Department of the City of Philadelphia.
A. Harold Datz, Caryn Gubin and
Marlene Olshan were appointed to the
Association’s Commission on Judicial
Selection and Retention. Datz, of counsel
Judges Visit Section
All resolutions approved by the
Board of Governors are available
online at philadelphiabar.org.
to Weitz Garfinkle Datz, LLC, will
serve a four-year term and will chair the
Commission in 2010. Gubin and Olshan
will serve two-year terms as lay members
of the Commission. Olshan is CEO of
Big Brothers Big Sisters of Southeastern
Pennsylvania. Gubin works for Medical
Rehabilitation Centers of Pennsylvania.
Philadelphia Municipal Court Judge
Lisette Shirdan-Harris, Markita MorrisLouis, Sam Morgan, Jackie Carolan,
Carmen Romano and Mary Gay Scanlon
were appointed to the Board of Philadelphia Volunteers for the Indigent Program.
The Board also approved the appointment of Alexander Kerr, John Willis and
former Chancellor Harold Cramer to
the Board of Directors of Jenkins Law
Library. Kerr will serve as president of the
board at Jenkins.
Nicole Edwards, an associate with
DLA Piper LLP, was appointed to the
Editorial Board of the Philadelphia Bar
Reporter.
22nd Bar Foundation
Golf Classic June 21
The Philadelphia Bar Foundation’s
22nd Annual Golf Classic will be held
Monday, June 21 at Huntington Valley
Country Club in Huntington Valley, Pa.
The fee for players is $450. Members
of the Young Lawyers Division may play
at a discounted fee of $375. A foursome
can play at the discounted rate of $1,700.
Price includes all greens fees, golf cart,
lunch, refreshments, dinner and cocktails.
For those wishing to attend the cocktail
reception and dinner, tickets are $125.
Several levels of sponsorship are available. Tournament underwriters ($15,000)
get a banner hung at the clubhouse entrance; name on the front cover of the
souvenir program as a sponsor of the
event; distribution of skills competition
prizes to winners; eight players plus four
additional guests to cocktail reception;
and VIP parking for golfers. Other levels
include Tournament Cup/Skills Prize
Sponsor ($7,500); Luncheon, Cocktail
Buffet, Reception or Putting Contest
Sponsor ($5,000); Golf Cart Signs,
Refreshment Cabana Sponsor, $3,500;
and Hole Sponsor ($2,000). For more
information, contact Lynne Brown at
(215) 238-6347 or visit www.philabarfoundation.org.
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Bureau of Workers’ Compensation
Judges (from left) Todd B. Seelig,
Susan E. Kelley and Francine T.
Lincicome met with members of
the Workers’ Compensation Section
on Feb. 17 during a lunchtime CLE
session to discuss hot topics. More
than 50 people attended.
philadelphiabar.org
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Visit philadelphiabar.org to listen to
the podcast from this program.
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5
Bar Foundation
Grantees Aid Quake Victims Arriving in Phila.
dren decided to focus its
Jan. 12, 2010 is desBy Amy B. Ginensky
efforts on specific groups
tined to become a
of Haitians, including:
date as familiar to
those with special medical
the people of Haiti
needs destined for the
and their relatives
Philadelphia region;
and friends around
orphans already adopted
the world as Sept. 11,
(or in the process of being
2001 and Dec. 7, 1941
adopted) by Philadelphia
are for Americans.
families but who had
The earthquake that
not left Haiti before the
hit Haiti – a country
earthquake; children oralready devastated by
phaned by the earthquake;
chaos and political
and those (both adults and children) in
unrest – took an unimaginable toll. The
need of legal help with their immigration
Haitian government estimates that more
status. As word of the Initiative has gotten
than 200,000 people have been killed
out, a number of local law firms have
and more than 3 million people are in
volunteered to help staff immigration and
need of emergency services.
adoption cases over the coming months.
Not surprisingly, the Philadelphia legal
Another initiative focused specifically
community – both the public and the
on immigration assistance to the Haiprivate bars – has stepped up to help. In
tian community in the region is being
particular, immigration and adoption are
organized by HIAS and includes the
the focus of their efforts.
Nationalities Service Center, the WelBar Foundation grantee organizacoming Center for New Pennsylvanians,
tions HIAS Pennsylvania, Nationalities
the American Immigration Lawyers’
Service Center and Support Center for
Association Pro Bono Committee, pro
Child Advocates are the key players in
bono attorneys and representatives from
two local programs. Of course pro bono
the Haitian community. In addition to
attorneys from the private bar are helping
outreach and education on immigration
with these efforts, especially Ethan Fogel,
matters to the Haitian community, this
a Dechert LLP partner and director of
network is offering legal services to help
pro bono in its Philadelphia office, and
Haitians negotiate the complex immigraJennings Durand, also of Dechert. As
tion regulations that have been put in
Durand related, “After the earthquake in
place to support them.
Haiti, Ethan and I reached out to HIAS
“The Obama Administration has exand Council’s Judith Bernstein-Baker to
tended special immigration rights to Haibegin exploring ways that Dechert could
tians in the aftermath of this earthquake,”
help Haitian children whose lives have
said Bernstein-Baker, executive director
been turned upside-down by the tragedy.”
of HIAS and Council. These include huAs a result of discussions, HIAS PA,
manitarian parole, which allows orphaned
the Support Center for Child Advocates,
or medically needy children from Haiti to
and the Dechert lawyers organized the
enter the United States temporarily to enPhiladelphia Initiative for Haitian Chilsure that they receive the care they need,
dren, a network of groups interested in
and temporary protected status, extended
helping the children of Haiti. This group
to Haitians already in the United States
convened a Feb. 5 kickoff meeting that
to protect them from deportation for 18
included leaders from the local Haitian
months and to allow them to work here
community, representatives of children’s
since their safety would be at risk if they
and immigrants’ services organizations,
were deported.
members of the Mayor’s Commission
“These are humanitarian efforts on the
on African and Caribbean Immigrant
part of our government, but people are
Affairs, Partners in Health, local law and
going to need legal assistance to be able
medical schools, and immigration lawto take advantage of the special immigrayers, including an international adoption
tion programs,” Bernstein-Baker said. “It
specialist.
is wonderful how people have stepped
At this initial meeting, the group
forward, offering their time and support.”
identified particular tasks on which to
The work being done by HIAS, the
focus short-term and long-term efforts
Support Center for Child Advocates and
and targeted several groups of Haitians in
the Nationalities Service Center, as well as
need of short- and long-term help. The
the volunteer lawyers they work with, ilPhiladelphia Initiative for Haitian Chil-
6
2009 Arbitration Fee Donors Thanked
Through the arbitration fee
donation program, the Philadelphia
Bar Foundation, the Philadelphia Bar
Association and the Court of Common Pleas have made it possible for
lawyers who volunteer their services as
arbitrators in the Court of Common
Pleas to support equal justice for all.
Arbitrators can designate that all or
part of their honorarium be donated
to either the Bar Foundation or to
Community Legal Services, Inc. The
lustrates the importance of having strong
public interest legal service organizations,
which can respond appropriately and
effectively to whatever crisis hits. Last
year, we saw a number of our grantee
organizations step into high gear to help
with those suffering the most from the
economic meltdown. This year it’s Haiti.
The financial support given by the Bar
Foundation to these organizations in
terms of grants for operating expenses
allows them to have the wherewithal to
support those unbudgeted for emergencies. Of course, the only reason that the
Foundation can help is because all of us
in the legal community help us do so.
We, and them, continue to appreciate
your support.
Money is not the only way to help. If
you want to provide pro bono services
Bar Foundation thanks its 2009 arbitration fee donors, listed below.
Janis Brodie, John E. Caruso, E.
Gerald Donnelly, Susan J. French,
Bruce M. Ginsburg, Martin Greitzer,
Emmanuel O. Iheukwumere, Kenneth M. Kapner, Ronald A. Kovler,
Vincent R. McGuinness, Daniel C.
Moraglia, Christopher James Perillo,
Robert L. Sachs Jr., Michelle L. Skalsky, David E. Sternberg, Catherine S.
Straggas and Eric H. Weitz.
as part of the Haitian Children’s Initiative, please contact Jennings Durand
at jennings.durand@dechert.com. For
relocation assistance, HIAS PA, Lutheran
Family Services’ Resettlement Program
and Nationalities Service Center are
involved with providing housing, food
and counseling for the Haitian earthquake survivors coming to Philadelphia
for medical treatment. And, if you or
your family want to donate housing or
transportation or even clothing and bedding for Haitian refugees, contact Sarah
Peterson at speterson@hiaspa.org, Kathrin Ivanovic at kivanovic@nscphila.org or
Janet Panning at janetp@lcfsinpa.org.
Amy B. Ginensky (ginenskya@pepperlaw.
com), a partner at Pepper Hamilton LLP, is
president of the Philadelphia Bar Foundation.
Thomas A. McDevitt, CFA, CFP®
Financial Advisor | Wells Fargo Advisors
✓ Member, Chartered Financial Analyst (CFA) Institute
in Charlottesville, VA
✓ Member, Chartered Financial Analyst (CFA) Institute
of Philadelphia
✓ Member, Financial Planning Association of the
Philadelphia Tri-State Area
✓ Member, American Institute of Certified Public
Accountants (AICPA)
✓ Associate Member, Philadelphia Bar Association
✓ 15 years of industry experience
✓ Temple University, Fox School of Business &
Management, MBA, 2002
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philadelphiabar.org
March Program
Helps Attorneys
Gain Business
Photo by Jeff Lyons
Justinians Honor Chancellor
Justinian Society Chancellor Gina Furia Rubel (from left) greets Philadelphia Bar Association Chancellor
Scott F. Cooper and Chancellor-Elect Rudolph Garcia at a luncheon in Cooper’s honor on Feb. 22 at The
Union League. More than 100 people attended the event.
Bench-Bar at The Borgata Oct. 15-16
The Philadelphia Bar Association’s popular BenchBar and Annual Conference is returning in 2010, moving
back to The Borgata in Atlantic City, N.J. for the weekend
of Oct. 15 and 16.
Chancellor Scott F. Cooper has tapped Vice Chancellor
John E. Savoth and Board of Governors Vice Chair Regina
M. Foley to chair the conference.
“I am thrilled about the conference returning to The Borgata. We recently held the Bar’s Leadership Retreat at The
Borgata and it is a top-tier venue. I think our attendees will
Frontline
continued from page 3
the members of this Association face
competitive disadvantages to other
states, the additional 2 percent tax will
make “suburban flight” by clients even
more attractive. This could mean firing
Pennsylvania law firms or just directing firms not to use their lawyers in
Pennsylvania or Philadelphia.
Either way, employment of attorneys and related support staff dip and
the local economy suffers. Reduced
revenue from the state income tax and
local wage and business privilege taxes
will inevitably follow.
Significant and sophisticated legal
work comes to Philadelphia, in part,
because we have more competitive
hourly billing rates than our counter-
philadelphiabar.org
be amazed at the facilities and the level of service. It is the
perfect location for a conference of this caliber,” Cooper said.
The Borgata last hosted the Bench-Bar Conference in 2004.
The Association’s Bench-Bar Conference traditionally features a large selection of continuing legal education seminars
for practitioners in a variety of specialty areas. There is always
ample opportunity for attorneys to mingle and network with
their colleagues and members of the bench.
Visit philadelphiabar.org for more details about the
2010 Bench-Bar Conference as they become available.
parts in New York City and Washington, D.C. There is no good reason to
fill that gap by adding a sales tax.
We also have concerns about
the intrusion this tax may have on
confidentiality within the attorneyclient relationship. The need for strict
confidentiality is well established. A
sales tax on legal services will create
the need for lawyers to establish a sales
tax account within the Department
of Revenue. To adequately perform
its oversight function the Department
may be forced to review billings and
other documentation that will detail
a client’s case or subject matter. Such
an audit would violate the lawyerclient privilege that has been ardently
defended during our judicial history.
Yes, we need creative solutions
to the current fiscal crisis, and Gov.
Rendell deserves high marks for start-
ing this debate. But this budget should
not be balanced on the backs of clients
who can least afford the tax. I encourage you to voice your opposition by
logging on to our Legislative Action
Center under the “Member Center”
at philadelphiabar.org. There you can
automatically personalize and send a
letter of opposition to your state senator and/or representative.
Currently, there are only five states
in the country that have a tax on legal
services. In the last two states to propose such a tax, it failed. Rest assured,
your Association will do its part to
help ensure a similar outcome here.
Scott F. Cooper, a partner with Blank
Rome LLP, is Chancellor of the Philadelphia Bar Association. His e-mail address is
chancellor@philabar.org.
Throughout 2009, the Philadelphia Bar
Association received more and more inquires from
members asking for resources devoted to building
a practice and increasing business development
skills.
Larger law firms were disbanding and/or laying attorneys off and more attorneys were being
pressured to develop business. In an effort to help
attorneys gain skills that were not being taught
anywhere else, the Bar Association partnered with
The Training Resource Group to develop a training program focused on building a practice and
providing attorneys with the tools to successfully
develop business.
Chuck and Evan Polin of The Training Resource Group have worked with attorneys for
more than a decade to help them with their
business development skills. They believe that by
providing ongoing reinforcement training over
time, attorneys can learn the skills that are needed
to be successful in business development. The
Training Resource Group works simultaneously
in four different areas to ensure success. First, they
work on developing a plan to identify, target and
get in front of more opportunities. They then help
attorneys track their plans to make sure that they
can measure success. Next, they teach attorneys
how to stand out and make their prospective
clients more comfortable conducting initial meetings. Finally, they work with the attorneys to help
them move out of their “comfort zone” and try
different tactics, so that they will have more success
developing business.
The training program consists of four, twohour sessions plus an individual coaching session.
These sessions focus on teaching attorneys to build
a plan to get in front of more opportunities and
introduce strategies to turn those opportunities
into business. These sessions help to give attorneys
a process and a system to build a book of business. To date, there have been three completed
programs conducted at the Bar Association. The
program has attracted a wide range of participants,
from large firms and small firms to partners and
associates. All of the participants are focused on
building a larger book of business and generating more revenue. Many of the participants were
surprised to discover how easy it could be to be
successful in developing new business once they
were given the proper tools.
One participant, Bart Cohen from Berger &
Montague, P.C., said, “The course has equipped
me with a focused, methodical and practical approach to managing a task that requires such an
approach for most attorneys.”
The next four-session program begins in March
and will be held every Friday beginning March 5
from 12 to 2 p.m. at the offices of the Philadelphia
Bar Association. For more information, call Chuck
or Evan Polin at The Training Resource Group at
215-320-4650.
7
More than 120 young lawyers and law students attended the program, which
also included sessions on getting the most out of your first job, considerations before staring your own practice and the nuts and bolts of networking.
Photo by Jeff Lyons
Photo by Jeff Lyons
Philadelphia Court of Common Pleas Judge Daniel J. Anders (above, from left), Board of Governors
member Brandi J. Brice, Bar Association Assistant Secretary Sophia Lee, Philadelphia VIP Executive Director Sara Woods and Bar Association Secretary Kathleen D. Wilkinson were panelists for the
Young Lawyers Bootcamp opening session “Entering Unknown Territory: Choosing a Career Path” on
Feb. 19 at The CLE Conference Center. Vice Chancellor John E. Savoth (right) welcomed attendees.
Photo by Jeff Lyons
Photo by Jeff Lyons
Young Lawyers Bootcamp Convenes at PBI
Philadelphia Court of Common Pleas Judge Donna M. Woelpper (left) and
U.S. District Court Judge Cynthia M. Rufe were panelists for the program
“Advice from the Bench.” The panel also featured Philadelphia Court of Common Pleas Judges Paul P. Panepinto, Gary S. Glazer and Charles J. Cunningham, along with Municipal Court Judge Bradley K. Moss.
8
Photo by Jeff Lyons
Photo by Michael Petitti
Young Lawyer Bootcamp Coordinator Rachel Kopp (left) joins
YLD Chair Albertine Y.
DuFrayne at the happy
hour that followed the
program at Tavern on
Broad.
philadelphiabar.org
YLD Update
Make Some Time to Deal With Your Stress
and I encourage you to
It is no surprise
By Albertine DuFrayne
do the same.
that young lawyers
I realize, however, that
experience a lot of stress
this is not always possiand anxiety. We face
ble. During those weeks
deadlines, the potential
that really do not allow
for liability and are often
for a work-life balance,
responsible for maintainthe March 2010 edition
ing client relationships.
of Women’s Health magaIn addition to work-rezine offers several helpful
lated stress, many young
suggestions about how
lawyers face personal
to energize and de-stress
and financial stress.
if you only have a few
I recently experienced
minutes. These quick fix suggestions
this first hand. On top of the usual
include listening to an energizing song,
daily stress, in October I was diagnosed
taking a moment to sit quietly, organizwith thyroid cancer. In November I had
ing your desk to reduce clutter or adding
surgery to remove half of my thyroid. In
peppermint to your day either by eating
December I learned that I actually did
a mint or using something peppermint
not have cancer. I definitely feel extremely
scented in your office (but I suggest maklucky, not to mention very thankful, but
ing it mild to avoid creating more stress
the whole experience was overwhelmingly
by having your office neighbors confront
stressful. Since the surgery, I have become
you for giving them a headache with an
committed to leading a happier, loweroverpowering smell).
stress lifestyle.
Another way that you can mitigate
I started making time to do the things
stress and more fully live life is to become
that I like to do – spend time with family,
involved in the community. To do this,
take a pottery class, actually cook healthy
you can take advantage of the Young
meals – without constantly stressing
Lawyers Division’s very strong commuabout what I am not accomplishing at the
nity service agenda. In April, the YLD
office in that time. I realized that there
will host the annual Law Week celebrais always at least one more thing to do at
tion. Law Week is a series of activities
the office. It will never be the right time
aimed at introducing law to the public.
to do anything unless I make the decision
Events include Legal Advice Live!, which
that there is time. I started making time
Supreme Court Deadline March 29
The Philadelphia Bar Association
will move up to 50 of our members for
admission to the Bar of the United States
Supreme Court on Monday, May 17. The
admission ceremony will be made to the
full court sitting in Washington, D.C.
The court’s requirements for a group
admission ceremony are very comprehensive. To review these requirements
and to download the forms for admission
please visit the Supreme Court’s Web site
at supremecourtus.gov. Select the Bar
Admissions tab on the left-hand side and
this will bring you to the link for the Bar
Admissions Form and Bar Admissions
Instructions. Please read the instructions
carefully. Once you have determined that
you are eligible for admission, please print
out and complete the Admission Form.
The instructions and guidelines are very
specific and must be followed scrupulously. Do not fold the application or use
staples. Use paper clips only.
philadelphiabar.org
Once you have successfully completed the Admission Form, please mail
it along with a check made payable to
the Philadelphia Bar Association. The
cost to attend the ceremony is $225
which includes your application fee and
a continental breakfast. Please include
an additional $25 if you plan to bring
a guest. Per the Supreme Court’s rule,
each inductee is permitted to bring only
one guest. Please send payment to: Attn:
Dawn Petit, Philadelphia Bar Association,
1101 Market St., 11th Floor, Philadelphia, PA 19107. Do not send the application directly to the Supreme Court.
The event will be on a first-come, firstserved basis and all applications must be
received by 5 p.m. on Monday, March
29, 2010.
If you have any questions regarding this event, please do not hesitate to
contact Dawn Petit at 215-238-6367 or
dpetit@philabar.org.
is a public forum at Free Library of
Philadelphia branches where lawyers give
free legal advice and referrals to those in
the community, and several programs for
school students including, Lawyer in the
Classroom, Lawyer for a Day, the Edward
F. Chacker Essay Contest for high school
seniors and the YLD’s Poster Contest for
fourth- through eighth-graders.
The YLD also coordinates other community service events throughout the
year. A clothing and non-perishables drive
to benefit local homeless shelters takes
place every November. We help collect
holiday gifts for Support Center for Child
Advocates and the People’s Emergency
Center. We also host a volunteer event at
the local Ronald McDonald House and
coordinate volunteers to judge and coach
Temple University’s John S. Bradway
High School Mock Trial Competition.
The YLD is committed to providing
opportunities for lawyers to become more
BlogLink
Visit philawdelphia.wordpress.com
to read the latest blog entries from
the Young Lawyers Division.
involved in the Philadelphia community.
I hope you will join us for an event and,
by doing so, take steps to lower the stress
in your life.
If you want to find out more about
the YLD’s upcoming events, contact any
member of the Executive Committee,
visit the YLD on the Bar Association’s
Web site or find the Young Lawyers Division on Facebook and become a fan of
our page.
Albertine “Abbie” DuFrayne (adufrayne@petrellilaw.com), an associate with Petrelli Law,
P.C., is chair of the Young Lawyers Division.
YLD Comedy Night May 22 with Dan Cummins
Comedian Dan Cummins, who has appeared on
Comedy Central’s “Live at
Gotham,” “The Late, Late
Show with Craig Ferguson”
and “Last Comic Standing,”
will be the headline performer at the 5th Annual YLD
Comedy Night and Silent
Auction on Saturday, May 22
at the Franklin Institute, 222 N. 20th St.
The event begins at 7 p.m.
Tickets are $65 if purchased
by May 7 and $80 after May
7. The cutoff for ticket sales
is May 17. No walk-up sales
will be available.
All proceeds will benefit
the Philadelphia Bar Foundation. A link for registration
will be available soon at
philadelphiabar.org.
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Photo by Mark Tarasiewicz
Chancellor
on the Air
Chancellor Scott F. Cooper was
interviewed by CBS 3 anchor Pat
Ciarrocchi about current legal issues
in the news and his agenda for the
year for the station’s “Newsmakers”
program on Feb. 24. The interview
was scheduled to air on March 7.
Task Force Looks at Benefits of Civil Gideon
n By Jeff Lyons
The Philadelphia Bar Association’s
Civil Gideon Task Force, which has been
investigating how to provide counsel to
low-income persons in adversarial civil
proceedings where critical human needs
are at stake, is moving its focus in 2010
toward studies that demonstrate the
societal and economic benefits of such
representation in matters involving housing and family law.
Philadelphia has been chosen by NPC
Research of Portland, Ore. as the target of
a study on the effects of providing counsel
in civil housing cases. That study will
focus on how legal services are delivered
to tenants and on the eviction court
structure. The study will include looking
at representation by Community Legal
Services, by pro bono attorneys and by
the paid private bar.
The Civil Gideon Task Force has three
working groups – housing, family law
and education and communications.
“This year, the Task Force will focus on
the studies but also on educating the
larger legal community about the need
for Civil Gideon as well as promoting
concrete projects that demonstrate the
value of legal representation in housing
and family law, in particular,” said Joseph
A. Sullivan, co-chair of the Task Force.
Sullivan said there is an on-going
three-part study of the city’s Mortgage
Foreclosure Diversion Project being
conducted by the Philadelphia-based
Reinvestment Fund. He said that the first
results of that study are expected shortly
and they will reflect data collection from
the Diversion Project that will illuminate
the elements and the magnitude of the
Photo by Jeff Lyons
FJD Honors Pro Bono Work
Court of Common Pleas Judge Daniel J. Anders (from left), Chancellor
Scott F. Cooper, President Judge Pamela Pryor Dembe and Joseph A. Sullivan gather at the law library in City Hall on Jan. 27 to present the First
Judicial District’s Pro Bono Roll of Honor. For the full list of honorees, visit
www.courts.phila.gov/probonoawards.
10
foreclosure crisis. Sullivan added the study
will ultimately include an assessment of
the impact of not providing counsel in
foreclosure proceedings.
“Tenants are unrepresented at a much
higher rate than landlords. It’s a way to
level the playing field,” said CLS Executive Director Catherine C. Carr, who also
serves as co-chair of the Civil Gideon
Task Force.
“We are hopeful the NPC study
provides data and evidence that having
an attorney in a landlord-tenant court
case decreases homelessness and increases
the ability of people to stay in their home
and in homes that are in better shape,”
she said. “Often, cases in landlord-tenant
court involve the condition of properties. These cases are about the quality of
housing and the ability of people to stay
in their homes.”
Tenants facing eviction or similar
problems come to CLS, Carr explained.
Often the tenants come to CLS just days
before they’re facing eviction. “We have a
pro bono program working with Dechert
LLP and Pepper Hamilton LLP where
we’ve set up a direct relationship with
counsel. We work closely with Tenant
Union Representative Network, which
does some education for tenants facing
the eviction process. We provide legal
and technical support for them as well as
training.”
The Civil Gideon Task Force was
created last year precisely because there
is no right to counsel in many civil cases
involving fundamental human needs.
There is a growing national movement to
create a right to counsel in cases of critical
need. NPC will develop a research design
tool aimed at measuring the costs and
benefits associated with providing counsel
to tenants in eviction cases. The research
design will suggest the most appropriate
methodologies, instruments and study
sites. The other city involved in the NPC
study is Tacoma, Wash.
In February, NPC was to release a
report with the idea to interest funders to
do a more expansive longitudinal study,
which would ideally include funding a
grant to an agency like CLS to provide
representation to tenants in eviction cases.
Sullivan said the Task Force believes
such studies, reflecting the benefit of
having civil representation for housing
and family law matters, will be compelling in making the case for Civil Gideon.
“When people are evicted and lose their
homes, they often then lose their jobs.
When they can’t work and pay taxes, then
in many cases, they have to rely on public
assistance or other forms of income support that are inadequate. And in many
of these cases, this disruptive process also
puts their children’s education in peril.
In short, a safe home is key to keeping
families together,” he said.
“By providing representation in these
cases, you’re helping individuals and families and ensuring they can continue to be
productive members of society and can
contribute to the economic and financial
well-being of society as a whole,” Sullivan
said.
For More Information
For more information about the
Civil Gideon Task Force, contact
co-chairs Catherine C. Carr at
ccarr@clsphila.org or Joseph A. Sullivan at sullivja@pepperlaw.com.
philadelphiabar.org
Entries Sought for Ginsburg Legal Writing Contest
WebCheck
Entries are now being accepted for
the Philadelphia Bar Association’s Eighth
Annual Legal Writing Competition in
honor of the Honorable Ruth Bader
Ginsburg, associate justice of the U.S.
Supreme Court.
The co-chairs of the competition
are Kathleen D. Wilkinson, partner at
Wilson Elser Moskowitz Edelman and
Dicker LLP and Secretary of the Association and Diane Penneys Edelman,
assistant dean for international programs
and professor of legal writing, Villanova
University School of Law.
The Bar Association recognizes the
importance of excellence in legal analysis
and writing skills, and seeks to award
a student enrolled in an American Bar
Association-approved or provisionally
approved area law school for authoring a
top-quality competition submission.
“This competition was created eight
years ago. It gives law students the opportunity to show off their legal writing
talents. The winner is invited to the October Quarterly Meeting to be recognized
and presented with the award,” said
Wilkinson. “This is an excellent way for a
law student to distinguish oneself.”
“We are thrilled that the Bar Association has demonstrated a strong
philadelphiabar.org
commitment to the development and
recognition of excellent legal analysis and
writing abilities among Philadelphia-area
law students. These skills have always
been important to a lawyer’s success, and
have become even more crucial in this
economy,” said Edelman.
This competition is open to full- and
part-time law students who are in their
second or third year of study during the
2009-2010 academic year at one of the
following six institutions: Drexel University Earle Mack School of Law, University
of Pennsylvania Law School, Rutgers
University School of Law – Camden,
Temple University Beasley School of
Law, Villanova University School of Law
and Widener University School of Law
(Delaware Campus).
Part-time law students in their third or
later year of study are also eligible. Students must be in good standing at their
institutions. The submission may not
have been published previously, although
it may have been prepared in connection
with a law school course or for a law journal. The submission also may not have
been submitted for any other competition
during the time when it is under consideration for this competition, until after
the time when awards are announced.
Visit philadelphiabar.org for more
information about the Justice Ruth
Bader Ginsburg writing competition.
The submission must be the work of one
author alone (joint submissions will not
be considered), and the author must certify that the submission has been prepared
without substantial editing from others.
Candidates may submit a law review
quality submission on any topic relating
to rights, privileges and responsibilities under federal law. Entries must be
received by Monday, May 10 at 4 p.m.
The author of the winning submission
will receive a cash award of $2,500, the
publication of the winning submission on
the Bar Association’s Web site and/or in
an appropriate Bar Association publication. The winner will be presented with
the award at the Association’s Quarterly
Meeting in October.
Program on Submitting to Editorial Pages April 22
The Association’s Bar-News Media
Committee will host “How and
When to Share Your Opinion with the
Press - Submitting to Editorial Pages” on
Thursday, April 22.
Members will hear from editorial page
editors from several area newspapers.
Panelists will include Bernard Dagenais,
editor of the Philadelphia Business Journal;
Hank Grezlak, associate publisher and
editor-in-chief of The Legal Intelligencer;
Lisa Hostein, executive editor, Jewish Exponent; Irv Randolph, managing editor of
The Philadelphia Tribune; Idelle Howitt,
managing editor, Metropolitan Corporate
Counsel; and Guy Petroziello, editorial
page editor, Bucks County Courier Times.
Additional panelists will be announced.
The program will take place from 12
to 1:30 p.m. at Bar Association headquarters, 1101 Market St., in the 11th
Floor Conference Center. Click here to
register. For more information about the
Bar-News Media Committee, contact
Committee Chair Gina Furia Rubel at
gina@furiarubel.com.
11
In Their Own Words
Bar 5K is Her First Step Toward Marathon
Aside from the longThis past New Year’s
By Maureen M. Farrell
term health benefits, I
I decided that I needed
am less stressed and allto get back in shape. I’ve
around a more congenial
always loved running,
person. My family will
but want to push myself
actually thank me for
in 2010. I have been
this. As a result the cona runner for years, but
versation will be more
since the law took over
palatable as well.
my runs have been less
Below are five short
than productive. As lawtraining tips I develyers, we know the law
oped with my friend
can be all consuming,
and running coach,
cutting us off from other
Ross Martinson (a top-25 finisher at the
avenues of conversation and interests.
Boston Marathon) for getting started
How many times do we end up talking
or maximizing your time amidst a busy
about issues surrounding the practice
schedule:
of law outside of work? Our spouse or
• Pick a goal race. Your goal might be
significant other is stoically listening to
a marathon, 5K (like the 5K Bar Run on
it, but may not readily admit being a bit
May 16), or running one mile. Once you
weary of the topic.
pick you goal you can work out a plan to
So I decided, after not running a maraachieve it. Check to see if you have any
thon for more than 10 years, to train for
weeks during the training program where
one: Grandma’s Marathon in Minnesota.
you may have schedule conflicts to avoid.
I liked the name and the fact that they
Having a plan can keep you from overdoasked if I am a grandma. That signifies
ing it in the beginning as well. Lawyers
how slowly I will probably run.
tend to have very driven personalities, and
In the process of preparation, I am gothat makes it very easy to start out too
ing to run the Philadelphia Bar Associaquickly. We all want to be the best right
tion’s 31st 5K Run/Walk on Sunday, May
away, but running takes time. Beginners
16. As a committee member last year I
can’t go too short or too slow, as long as
saw how much hard work and effort went
they get out there consistently. As lawyers
into the event and am enthusiastic to run
we are constantly taking on large amounts
it this year.
of work, but too much running at once
I realize that running is tough to
can quickly lead to burnout or injury.
fit into a full workload along with the
Three days a week is plenty for anyone
demands of family life. I know that makgetting started. Once you have a realistic
ing physical activity a priority is worth it.
plan, let everyone know your goal. Now
you have to do it.
• Schedule your runs. You have a
plan, now you have to fit them into your
schedule. Ross works with many runners and has always urged them to run
first thing in the morning, so that the
pressures of the day’s schedule do not
interfere with the run. For many lawyers,
who might not be working just 9-5,
scheduling a run during the day can be a
great stress reliever and re-energizer. This
absolutely makes me far more focused
and productive throughout the rest of the
workday. It is far more effective than the
mid afternoon coffee or chocolate.
The midday run does require extra
planning, flexibility, and sometimes
having to say no to something that may
come up.
Whatever time you run, says Ross, be
sure to start before you get home. Once
you come home the pull of the couch,
kids, spouse or TV can be too much to
overcome.
• Break up your runs. Doing the same
As lawyers we are
constantly taking
on large amounts of
work, but too much
running at once can
quickly lead to burnout or injury. Three
days a week is plenty
for anyone getting
started.
thing during every run can be death of
any running program. Keep things interesting by mixing up your runs. Instead
of running three miles a day three days a
week, try making each run unique. Use
one day for a slower but longer run and
an interval run. A “track workout” may
PHILADELPHIA RUNNER
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in preparation for this year's race.
This session will include training tips for busy runners
from Ross Martinson and Maureen M. Farrell, Esq. as well as
a 2-3 mile run and post-run social networking.
For more information contact Ross (ross@philadelphiarunner.com)
or Maureen (mfarrellesu@verizon.net)
www.philadelphiarunner.com
215.972.8333
philadelphiabar.org
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13
In Their Own Words
Business Law Section Honors
Photos by Jeff Lyons
Business Law Section Chair (from left)
Lee Applebaum is joined by Vincent
Capone, Dennis H. Replansky Award recipient Herman C. Fala, Ralph Mauro and
2009 Section Chair Eric C. Milby at the
Section’s Annual Reception on Jan. 26
at the Westin Philadelphia. Capone, vice
chair of the Venture Capital and Private
Equity Committee, accepted the award
for the section’s Committee of the Year.
Mauro, chair of the Mergers & Acquisitions Committee, was named Committee
Chair of the Year. Philadelphia VIP Executive Director Sara Woods (right photo,
from left) accepts a $12,000 check for
LawWorks from Applebaum with Mark C.
Levy, president of the VIP Board.
sound like something just for varsity athletes, but these
workouts can make anyone’s runs more interesting. A
workout could be doing one mile where you alternate
going hard one minute with going easy one minute.
You will be surprised how much quicker time passes on
runs where you mix up the pace. New runners should
alternate running with walking on these runs.
• Bring a friend. Talk someone into training with
you and you both win. The chance of you skipping a
run when someone is waiting to meet up with you is
very low. This is a great networking opportunity if you
can find a group to run with at lunch, or after work.
Double points if this person is a spouse. We already
spend enough time away from our families. Why not get
fit with them?
• Enjoy it! How many hours do we spend staring at a
computer screen? After spending all day sitting and staring at a screen we are often in a rush to get home, and sit
and stare at a screen. We should be excited for any excuse
to be away from our desks.
Dreading your morning run? Maybe you need to go
shorter, or slower, or find more sleep. According to Ross,
if you build up your distance slowly, there is no reason to
dread any run. Like any good lawyer, I of course, disagree
here. I may sometimes dread getting out there (nothing
fun about a 20-mile training run), but I always feel better
afterward!
Maureen M. Farrell (NEWRY@aol.com) is an estate planning
and elder law attorney.
The
Dispute Resolution
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14
To provide ADR services, of
the highest administrative,
ethical and legal caliber, in
order that disputes be
resolved in a cost-saving,
fair and reasonable manner
in a user-friendly forum.
philadelphiabar.org
women in the profession committee
Nominees Sought for Sandra Day O’Connor Award
The Women in the Profession Committee is seeking nominations for the 2010 Sandra Day O’Connor
Award. Deadline for nominations is Monday, March 22.
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 June Quarterly Meeting.
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
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
John King
WebCheck
$55 and are available at philadelphiabar.
org.
For the past year, King has anchored
“State of the Union with John King,”
CNN’s four-hour Sunday news program that offers a blend of newsmaker
interviews, political analysis, national and
world affairs, cultural segments, media
analysis and commentary – and he will
soon host his own evening news program
on CNN.
The 2008 campaign was the sixth
presidential election King has covered. He
has traveled to important early election
states to cover and interview major candidates and break news about campaign
developments. King joined CNN in May
1997 and was appointed chief national
correspondent in April 2005. He was
CNN’s senior White House correspondent from 1999 to 2005.
He also contributed to CNN’s Emmywinning 2006 mid-term election coverage
as well as coverage of the 2004 presidential race, the Iraq War, the 9/11 terrorist
attacks, the tax-cut debates of 2001 and
2003 and the war on terrorism. He has
conducted one-on-one interviews with an
array of senior officials, including Presidents Barack Obama, George W. Bush
and Bill Clinton.
King traveled with Vice President
Cheney to the Middle East in March
2002 as the administration began to
build support for confronting Saddam
Philadelphia; former Chancellor Audrey C. Talley; U.S.
Court of Appeals Judge Marjorie O. Rendell; former
Pennsylvania Superior Court Judge Phyllis W. Beck; Roberta D. Pichini of Feldman, Shepherd, Wohlgelernter,
Tanner, Weinstock & Dodig; Lynn A. Marks, executive
director of Pennsylvanians for Modern Courts; Roberta
D. Liebenberg of Fine, Kaplan and Black, R.P.C.; and
JoAnne Epps, dean of Temple University Beasley School
of Law.
Visit philadelphiabar.org to download a nomination
form. Please send nominations to the attention of Dawn
Petit, Philadelphia Bar Association, 1101 Market St.,
11th Floor, Philadelphia, PA 19107.
Purchase tickets for the March
Quarterly Meeting by visiting
philadelphiabar.org.
Hussein. In December 2004, he traveled
with Secretary of State Colin Powell to
Thailand and other South Asian countries
to cover the disaster and aftermath of the
tsunami that took more than 175,000
lives in the region. He was also among the
CNN crew that covered the aftermath
of Hurricanes Katrina and Rita from the
U.S. Gulf Coast in 2005.
King was CNN’s lead reporter covering Vice President Al Gore in the closing
weeks of the 2000 presidential campaign
and during the post-election recount
controversy, and he interviewed Gore
on several occasions during the 2000
campaign cycle.
He has covered firsthand a number of
major international events, including the
first Persian Gulf War, the U.S. military
operation to restore the Aristide government to Haiti and the inauguration of
Nelson Mandela as president of South
Africa. He was among the first correspondents to report in 1991 from a liberated
Kuwait and received the top reporting
prize for his coverage of the 1991 Gulf
War from the Associated Press Managing
Editors’ Association.
Before joining CNN, King wrote for
the Associated Press, which he joined in
1985. In 1991 he was named chief political correspondent and headed the AP’s
political coverage of the 1992 and 1996
presidential elections.
Join us for lunch on Wednesday,
March 17, to hear John King’s behindthe-scenes perspective on today’s top
political headlines. It’s a program you
won’t want to miss.
Philadelphia Bar Association Quarterly Meeting and Luncheon
Wednesday, March 17 at 12 p.m. at the Hyatt at The Bellevue, Broad and Walnut streets
• Featuring keynote speaker John King, host of CNN’s “State of the Union with John King”
• Presentation of ceremonial gold box to Immediate-Past Chancellor Sayde J. Ladov
Name: ___________________________________________________
Return to:
Quarterly Meeting
Philadelphia Bar Association
1101 Market St., 11th floor
Philadelphia, PA 19107-2955
Firm/Employer: _____________________________________________
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philadelphiabar.org
15
Williams
ligently in a collaborative way to address
this broken criminal justice system.”
Williams said the blame for the current
state of the criminal justice system can’t
be placed on any one person. “Over time,
the system has evolved into a system that
is in some ways dysfunctional.”
“There are things that the District
Attorney’s Office is going to have to do
with other partners and stakeholders in
the criminal justice system. But I also
recognize we’re going to have to get our
own house in order. And one of my first
priorities was reforming and revamping
the Charging Unit.”
The Charging Unit reviews the
preliminary police reports and drafts the
complaints as well as approves all the arrest warrants and search warrants.
Williams said his office needs to begin
measuring how the taxpayers’ money is
being spent. “You can’t quantify justice. I
Bar Academy
the American Revolutionary War. The
light blue in the middle of the badge is
derived from the civic flag of Philadelphia
and is a tribute to the team’s “Sons of
Ben” supporters club. The team’s primary
crest is circular, symbolizing unity. The 13
gold stars displayed along the base of the
crest represent the original 13 Colonies, while the shield’s contour derives
from the Philadelphia coat of arms. The
rattlesnake featured in the center of the
shield pays homage to a political cartoon
by Benjamin Franklin that was featured
in multiple editions of the Pennsylvania
Gazette in the 1750s. The rattlesnake
became a national symbol during the
American Revolution, representing the
danger of disunity, and was featured on
the Gadsden flag. Union’s secondary logo
also features the rattlesnake, along with
the motto “JUNGITE aut PERITE,” a
Latin phrase meaning “JOIN or DIE,”
which was displayed by Franklin in his
cartoons along with the rattlesnake.
The last professional outdoor team
to call Philadelphia home, the Atoms,
played in the North American Soccer
League and won the league championship
in its inaugural season in 1973.
The Philadelphia Bar Association
Academy, launched this year by Chancellor Scott F. Cooper, lets members register
for free or modestly priced courses that
will help them be part of the city and
become better-rounded people.
To register for this free program, visit
philadelphiabar.org. Lunch is available for
$15 for those members who pre-register.
16
recognize that. But we have to be able to
measure our own performance,” he said.
He said there are cases in the system
that shouldn’t be there in the first place.
“We need to ensure that we’re only going
to charge people who are guilty.”
Williams said he has visited with
district attorneys from other jurisdictions
to find ways to improve the office. “I was
astounded when I met with the district
attorney of San Diego and she told me 40
percent of all her cases result in negotiated
guilty pleas before the preliminary hear-
Podcast
“It’s not the severing.” He said he met
ity of punishment
the next day with one
that changes behavof her deputies who
ior,” Williams said.
said the figure is closer
“It’s the certainty of
to 75 percent.
Visit philadelphiabar.org to listen to
punishment. And we
“Think about
the podcast from this meeting.
do not have certainty
the time we would
of punishment with
save for victims ... at
the way things are done currently.”
preliminary hearings. Think about the
“Hopefully we can make some changes
money we would save in court costs and
so that this will become a more just syscourt administration and police overtime
tem, a more efficient system and a more
if in fact we could figure out a way to do
cost-effective system,” Williams said.
this like they do,” Williams said.
Spotlight
MARCH
CLE COURSES
March 2
PBA Probate & Trust Law Section March 2010 Probate & Trust Law
Section Quarterly Mtg: Closely Held Business Owners • The CLE Conf. Center
March 3
Handling the Workers’ Comp Case • The CLE Conference Center
March 4
5th Annual ADR Institute • The CLE Conference Center
Whose Money Is It Anyway? • The CLE Conference Center
March 5
LLC Document Preparation in PA • The CLE Conference Center
Mental Illness & Other Psychological Problems with the Clients in Your Legal Practice
The CLE Conference Center
March 9
David Binder on Pennsylvania Evidence • The CLE Conference Center
The CLE Conference
Government Intervention in Parenting Decisions • The CLE Conference Center
Center
March 10
Autism: Fitting the Pieces Together • The CLE Conference Center
Wanamaker Building
PLI - Doing Deals 2010: Understanding Transactional Practice • Simulcast - The CLE
10th Floor, Ste.1010
Conference Center
March 11
23nd Annual Civil Litigation Update • The CLE Conference Center
PLI - Venture Capital 2010: Nuts & Bolts • Simulcast - The CLE Conference Center
Pennsylvania
PBA WIP Mid-Year Meeting 2010 • The CLE Conference Center
Convention Center
March 11 & 12 16th Annual Health Law Institute • Pennsylvania Convention Center
12th & Arch Streets
March 12
Attorney Client Privilege in Pennsylvania and Beyond • The CLE Conf. Center
Special Needs Trusts • The CLE Conference Center
Renewable Energy & Energy Efciency: Key Financial Incentives for Businesses
The Westin
Simulcast - The CLE Conference Center
Philadelphia
March 15 - 17
PLI - Counseling Clients in the Entertainment Industry 2010 • Simulcast - The CLE
99 S. 17th St. at Liberty
Conference Center
Place
March 16
Psychology & Technology for Commercial Litigators • The CLE Conference Center
Primer on the Fair Debt Collection Practices Act • The CLE Conference Center
Wachovia Center
March 17
Guardianships 101 • The CLE Conference Center
3601 S. Broad St.
March 18
Five County Trafc Court Practice • The CLE Conference Center
March 18 & 19 22nd Annual PBA Minority Bar Conference • The Westin Philadelphia
March 19
PLI - Green Real Estate Summit 2010: What Attorneys, Developers, Regulators,
Tenants & Lenders Need to Know • Simulcast - The CLE Conference Center
Call PBI Customer Service
Integrity: Good People, Bad Choices & Life Lessons from the White House • The
at
CLE Conference Center
1-800-247-4724
March 22
The 10 Commandments of Capital Case Law • Simulcast - The CLE Conference Center
to register for a course or
March 23
PLI - International Arbitration 2010 • Simulcast - The CLE Conference Center
for more information.
Contempt of Court • The CLE Conference Center
Or, go to
March 24
Facebook, Twitter, & Blogging...Oh MySpace! - Legal Issues with Social Networking
www.pbi.org.
Sites • The CLE Conference Center
Commercial Document Series 2010: Shareholder Agreements • The CLE Conf. Center
March 26
CLE With The Sixers - Dropping the Ball & Double Dribbling • Wachovia Center
March 26 & 27 Land Use Institute - 2010 • The CLE Conference Center
March 31/Apr. 1 PLI - Asset Based Financing in Today’s Economy • Simulcast - The CLE Conf. Center
philadelphiabar.org
From the Editor’s Desk
Smooth Transition for New Editor-in-Chief
As I sit here to write my first
column, I think back to how I started to
write for the Philadelphia Bar Reporter in
the first place. I was clerking for Philadelphia Court of Common Pleas Judge
Denis Cohen right after law school in
2003. He was co-chair of the Professional Responsibility Committee at the
time. I would attend the meetings with
the judge and take notes for him, and as
a result, I eventually became secretary of
the committee. That was my first official
“position” with the Bar Association and
I felt like I was actually contributing
something extra to the Bar Association
community.
During the course of the committee
meetings, I eventually met Jeff Lyons, the
Bar Association’s senior managing editor
of publications, and he asked if I would
be interested in writing an article on a
committee meeting and I agreed, despite
the fact that I had never written anything
Korea and would
editorial in my life. After
By Asima Panigrahi
not be able to
three years of law school and
continue her role
training my brain to write
as editor, at first I
in legal style, I was not even
dismissed the idea of
sure whether I would be able
volunteering myself
to write in an editorial style.
for the position. I
As a matter of fact, I was not
thought “how could
quite sure exactly what editoI come up with
rial style was.
interesting topics
I guess my first article was
to write about and
not as bad as I feared because
head up the board,
it actually made its way into
while also practicing
the paper and I continued to
law?” At first, it seemed like an imposwrite articles on the committee meetings
sibility for me. But then upon further refrom that point forward until the end of
flection I thought, maybe I could take on
my clerkship in 2005. I was eventually
the job after all. I mean, if Sunah could
appointed to the Bar Reporter Editorial
go thousands of miles away for a new job
Board and have been there ever since.
in a country where she did not even fully
Over that period of time, I have seen the
speak the language, the least I could do
paper go through format changes, board
was to try to fill her shoes and help keep
members, features and editors-in-chief.
things running smoothly.
When I heard that Sunah Park, the
So that, in a nutshell, is what brought
former editor-in-chief, had taken a job in
me to this point, writing my first column
as editor of the Bar Reporter. We have
recently appointed several new members
to the Editorial Board, and I think that
they will be able to bring a fresh perspective to the paper. If any members of the
Bar have ideas, comments or criticisms
regarding the paper that they would like
to convey, please feel free to direct them
to my attention.
There is a lot of work that goes into
putting this paper out every month, but
we are always looking for ideas and ways
to make the paper more appealing to our
members. I am certainly looking forward
to making as much of a contribution that
I can to the Bar Reporter over the next
year and am thankful for the opportunity.
Asima Panigrahi (Panigrahia@whiteandwilliams.com), an associate with White and
Williams LLP, is editor-in-chief of the Philadelphia Bar Reporter.
Photo by Jeff Lyons
SeniorLAW Center Planning Senior Prom for April 23
Pharmaceutical Product-Injury Litigation Scientist
PhD Pharmacologist/Licensed Pharmacist
30 years experience in Pharmaceutical industry
Drug-drug Interactions, Drug-related Adverse Effects
Literature searches, Identification of key medical articles
Create searchable databases, Organization of literature
Literature extractions /summaries/slides; assistance in working with expert witnesses
Attend scientific conferences & prepare reports
The SeniorLAW Center Event Committee met to plan its
April 23 special event, “SENIOR PROM!” a night of dancing, food and celebration for all ages. Pictured (front
row, from left) are honorary co-hosts Joan and David
Denenberg and and Bar Association Immediate-Past
Chancellor Sayde J. Ladov. Shown in the second row
(from left) are Board member Richard J. Conn, event cochairs and Board members Gay Parks Rainville and Shari
J. Odenheimer, Board Chair Wendy E. Bookler, Executive
Director Karen Buck and Director of Development and
Finance Larry Felzer. Not pictured are honorary co-hosts
David Ladov and Vera and Al Dandridge. The event will
be held at the Westin Philadelphia from 6 to 11 p.m.
Children and prom attire are welcome. For tickets and
information, visit www.seniorlawcenter.org, call 215701-3203 or e-mail lfelzer@seniorlawcenter.org.
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Identification of Expert Witnesses and Opinion Leaders
Chief Staff Attorney to Chief Justice of PA (1984-88).
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Jan M. Kitzen, RPh, PhD
610.329.9894
e-mail: jkitzen@verizon.net | http://www.linkedin.com/in/jankitzen
philadelphiabar.org
JOSEPH R. VIOLA
1900 Spruce Street | Philadelphia, PA 19103 | (215) 893-0700 | jrviola@comcast.net
WWW.LAWYERS.COM/JRVIOLA
17
Feasts to Famine
Great Dining Blossoms at Chinatown Eatery
Sakura
1038 Race Street
(215) 873-8338
Its front glass exterior makes this
corner shebang look as if it were the
Asian version of a huge fluorescent glowworm. Frankly, in the evening, the welllighted interior is a luminescent reverie
of a seeming pan-Asian luncheonette. As
you enter, a three-chair sushi-tushie-bar
deli-counter is to your left, up a level; and
to your right is a “banquet hall” proliferating with tables covered by white linen
cloths beneath clear plastic protectors.
Three long tables are set to seat eight
patrons upon lattice-backed wooden
chairs; six smaller tables seat four, one
for three and one for two. Everywhere
are miniature white teapots ready to be
poured. In one corner, a palm’s fronds
stick out and upward toward a high
dropped-ceiling. Open brown cardboard
boxes with Chinese lettering adorn other
corners of the eatery.
This used to be the location of Nice
Chinese Noodle House that had served
tons of scalding wontons accompanied by
dozens of white-lipped ladles. A plethora
of sliced hot cherry peppers and sordidly
scorching sauces flavored the soups,
requiring the omnipresence of hundreds
of thin napkins. The napkin-tissues were
a necessity, to wipe your brow, nose,
mouth, hands, chin, clothing and finally
your eyes, in heated, tearing disbelief.
Sakura’s fare is mellow in contrast, flavored in Mandarin fashion, with choices
of items infused with alleged Shanghai
and Japanese specialties. Nevertheless,
when in Chinatown, do as the locals do:
Mandarin’s a must. In fact, the first few
times you come here for lunch, dinner or
take-out, simply listen to and watch what
the Asian customers are ordering. More
than 60 percent of the diners are speaking
various Oriental dialects, all seemingly
understandable to the pleasant and attentive wait-staff. English may not be as easy
on the servers’ tongues, but the pictorial
displays on the menu allow pronounced
pointing to become good manners.
a soy-ginger or hoisin
If you spend more
By Skinny D’Bockol
broth.
than $40 per family“Eat with sauce,” deof-five at this BYO,
mands our plain-clothed
my guess is that your
waiter kindly. “No good
stomachs will be up the
without sauce.”
Yangtzee without padThe faces children
dles, gorged. This is the
make can be scary at
perfect place to Shanghai
times, especially when
your entourage, especonfronted with tartcially young children, to
flavored green onion
introduce them to the
sponginess between
sounds and the visual
their cheeks, so be cerfeel of authentic Chinese
tain to have an order of mini-dumplings
noodle notions.
nearby to return the twinkles to their
You may desire to begin your meal
eyes. A dozen dumplings are displayed
with scallion pancakes to initiate the
in an oblong deep dish. They are large
youngsters to a definitive cultural lesson.
pinched flat noodles completely embracTwo flattened and folded golden thin
ing, if not choking, chopped shrimp and
pancakes appear on white concave plates
pork mounds. All seem to squirm in
upon which rest separate cylinders of dark
fragrant peanut oils. The kids soak their
sauces. American pancakes, of course,
tongues around the slippery wrappings
are round and fluffy, ready for buttering
and let their mouths churn upon the
and sweet jelly toppings or syrup. The
interiors while dipping chopsticks to
Chinese version, on the other hand, is
garner more.
limply lengthy and soggy, studded with
bits of scallions waiting to be dipped into
Make Sure Your Professional Announcements
Are As Professional As You Are!
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Reporter reaches over
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18
wind up in the trash on
the same day it appears!
The Monthly Newspaper
of the Philadelphia Bar Association
philadelphiabar.org
Arts & Media
Chopin’s Work is Perfect for the Piano
n By Marc W. Reuben
This month marks the bicentennial of the birth of Frederic Chopin, a
composer from the Romantic era who is
most closely associated with music for the
piano.
Being an old student of that instrument, and having meandered though
much of his ouvere, I am inclined to
point out that since his death no one
has risen to the poetic heights achieved
by him. The strains of melody that he
created are so beloved as to be organic.
The musical forms used by him, many of
them based upon Polish folk styles, are
the telling point in his compositions. The
polonaise is a fabled dance of the upper
class, the mazurka is the dance of the
peasant, and the waltz an expression of
romantic love.
Chopin was born in Poland in 1810,
but spent the last 18 years of his life in
Paris where he carried on a famous affair
with author George Sand. It was in Paris
Feasts to Famine
Now, allow young eyeballs to gaze
toward something steamed in bamboo.
Juicy buns are contoured purses whose
square sheet of thick wrapping is twisted
into spirals of protruding “outty” bellybuttons. Six rest comfortably upon
a wilted green lettuce leaf. Liplike in
texture, the perimeters are filled with a
choice of shrimp or pork or crabmeat.
Juices drip wantonly. The sensation one
feels is that of a messy kiss. Young teens
will beg for another round. “Don’t forget
sauce,” says our waitress.
Soup is provided in a fiesta-red bowl
with enough wontons for four adults.
The Shanghai wonton soup special is a
richly cooked clear broth whose chickens’
bodies and bones had to have been simmering in it overnight. This concoction is
the closest one can achieve in Chinatown
today to the original versions served at
South China or 919, restaurants that had
been built and flourished in early 1950s
Philadelphia when there’d been a Chinese
wall. The skins are silken and seem to be
smiling, embedding meaty balls textured
by bits of ginger and sprinklings of cabbage and green scallion rounds.
Thickest “spaghetti” noodles culminate
in an Udon blend, piled high on a square
philadelphiabar.org
that he composed much of the work that
remains his monument and where he lies
buried (his heart was taken to Poland.)
But the forms of Polish music are the
backbone of much of what he wrote. The
stately and martial polonaise, and the folk
dances that have come to be called mazurka, comprise a large portion of what
Chopin wrote. He composed 57 mazurka
and more than a dozen polonaises, all of
them memorable and diverse. And all of
them are difficult to play in piano because
the performance of his finger-twisting
chords and delicate melodies require a
degree of control that can be mustered by
only a few artists.
Of the forms used by him, the nocturne, a subtle type of composition that
can be likened to a lullaby, is also famous.
The ballade is not a strict form, but a type
of melodic/thematic music that Chopin
embraced in four notable instances. He
wrote two piano concertos and numerous
sonatas, in addition to many preludes,
which are the most demanding of finger
exercises – except to call them exercises
platter with greens and mushrooms
intermingled in a sweet sesame slurping
gravy. Chopsticks are used in a shoveling
fashion, with mouths no further than
two inches from the plate. Eventually,
gobbling chins graze the noodles, attempting to whistle them in by inhaling whatever is prodded upward by the
“utensils.” Children at the table begin
laughing when looking at each other, a
feat made extremely messy when parents
are likewise overcome by giddiness. Small
eating plates’ splattering overflow requires
the need for the aforementioned plastic
tablecloth-coverlet protection.
Allow me to name some of the more
exotic selections to frighten fanciful
young men and women – wine soaked
duck tongues, lion’s head and tripe salad.
I’d stick at first to the basics, with more
common adventurous family fare like
slivered scallops, snow peas, bean sprouts,
engraved-cut carrots and fresh bamboo
shoots.
Sakura means cherry blossom. It’s
fun to watch kids blossom beside you in
Chinatown.
NULLEM CRIMEN, NULLA POENA, SINE NOODLAE
Skinny D. Bockol, a sole practitioner, is an advisory editor of the Philadelphia Bar Reporter.
Read his reviews online at bockol.com.
is to suggest that they are something less
than the superb music they are. To the
beginner, his music is an overwhelming
blur of notes that young fingers would
find difficult to master. Yet with time
and practice, each of those many notes
becomes an individual vehicle of expression. Played by the right performer, the
music is as perfect as anything written for
the piano could be.
The fabled “heroic” polonaise may
possibly be the most familiar of his works.
The popular song “I’m Always Chasing Rainbows” comes from the Fantasy
Impromptu. The “military” polonaise
was played on radio by the resistance in
Warsaw at the opening of World War II.
Chopin was afflicted by respiratory
disease for most of his adult life. He died
in Paris at age 39 in 1849. It is said of
him that he was not a strong man and
therefore did not play his own pieces with
the fire and strength that they demanded.
This meant that he was a more subtle
pianist, and there was much in his music
that called for the most suggestive play-
It is the intellect
of a fine pianist that
appreciates the music
of Chopin the most.
ing. Those who bang (most notably the
famous Ignace Paderewski) can hammer
out some of the more dashing pieces. But
it is the intellect of a fine pianist that appreciates the music of Chopin the most.
In our modern era there are many
fine performers who have committed
the work of Chopin to disc. Excellent
recordings of the music of Chopin have
come from Russians Evgeny Kissin and
Boris Berezovsky. The complete works
are surveyed by the American Garrick
Ohlsson and by Vladimir Ashkanazi as
well as performances by notables such as
Robert Casadesus, Van Cliburn, Ignacy
Jan Paderewski and Vladimir Horowitz.
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19
Professional Guidance
Editor’s note: The following are summaries of opinions issued by the Professional
Guidance Committee. The committee’s
jurisdiction is limited to rendering opinions
about prospective ethical conduct by inquirers who are members of the Philadelphia
Bar Association. The letter “T” following
an opinion number indicates a telephone
inquiry. Attorneys who wish to ask a question, obtain copies of committee opinions or
ask the committee to issue a formal opinion
should contact Paul Kazaras, Esq., the Association’s deputy executive director, at (215)
238-6328.
n Summarized by David I. Grunfeld
2009-172T Attorney admitted in
another state as well as Pennsylvania is
not obligated to disclose that on business
cards but may do so.
2009-181T Attorney representing
husband and wife in defense of foreclosure action in Pennsylvania now has a
conflict when parties have separated and
each has divorce counsel; conflict may
be waived with informed consent, but
inquirer may want to withdraw if parties
not cooperating.
2009-187T Attorney served with writ
of execution by client’s judgment creditor
must hold in escrow sufficient funds from
client’s share to address debt collection,
and may distribute balance.
Arts & Media
But of them all, two very fine pianists
stand above the rest. Romanian Dinu
Lipatti, who died even younger than
Chopin, did not record many works.
But his renditions of Chopin waltzes
remains at the top of most lists for recommended listening. The lithe manner
and effortless phrasing on display are remarkable in these late-1940s recordings
(in excellent sound). His style is simple
and at the same time overwhelming.
His musicianship is clear and devoid of
excess.
The finest of all performers of
Chopin’s music is the Polish-American
Arthur Rubinstein. What distinguishes
Rubinstein is the fact that his playing
displays no trace of conscious effort.
Whereas some performers try to create effect, with Rubinstein the music
simply comes out of the air. Everything
the man put his hand to seems fresh
and new, even pieces he played many
times before. Moreover, his career can
20
2009-202T Attorney may not now
represent client in divorce who had used
as family law mediator a now-deceased
partner in firm, without informed consent waiver from other spouse.
2009-203T Attorney must withdraw
from representation before suing client
for balance of fee.
2009-206T Attorney representing son
in criminal matter cannot communicate
with parents’ attorney in civil rights case
arising out of son’s arrest without client
consent.
client in immigration matter that resulted
in deportation cannot turn over file to
son’s parents for transmittal to successor
counsel without son’s authorization.
2009-212T It is a non-waivable
conflict for two lawyers in the same firm
to represent two defendants, in the same
action, who have cross-claims against
each other.
2009-223T Attorney who settled
case for husband and wife and has funds
in escrow, and who receives letter from
wife’s attorney claiming funds are marital
property, must retain in IOLTA account
or move to interest-bearing account.
2009-239T Law firm’s marketing consultant may not name firm’s top clients
without express client authorization.
2009-243T Attorney who owns small
amount of stock in large public company,
be divided into periods. A younger
man dashed off Chopin’s music with
a brio that sent chills down the spine.
His recordings from the 1930s cover
the range of Chopin’s music, and they
are quite fine. But his work after 1950
is that of a mature genius who relishes
the song and rhythm found in quieter
performances of the same music. You
hear more and appreciate more. This
despite the fact that recordings of the
same music made many years apart
seem so different. This was a man who
never stopped trying to appreciate his
gift and explored it every time he sat at
the piano. His CD “Selections from the
Chopin Collections” contains performances of a lifetime. Along with the
Lipatti waltzes, any lover of music could
well sit on a desert island with joy in the
heart just listening.
Marc W. Reuben (marcreuben@yahoo.com),
a sole practitioner, is an advisory editor of
the Philadelphia Bar Reporter. He has been
writing about the arts and media since
1973.
with client who wants to sue that company, should disclose stock ownership to
client as a matter of client relations, but
does not have conflict.
2009-246T Attorney has duty to
report, with client consent, out-of-state
attorney who filed complaint in Pennsylvania court against client.
2009-247T Attorney sharing space
with non-attorney tenant, and with another tenant, an attorney and occasional
adversary, must safeguard client files
under locks, and must appropriately train
shared support and technical staff on
maintaining client confidentiality.
2009-266T Attorney who learns that
opposing counsel is on administrative
suspension must cancel scheduled deposition, and tell opposing counsel why, so as
not to aid and abet unauthorized practice
of law.
2009-268T Attorney may stop payment on IOLTA check to client’s medical
provider that is believed to have been lost
in the mail, and pay any bank charges
with funds from operating account.
client in criminal case can have authorization signed to take fee from contingent
personal injury case for same client, with
compliance with R. 1.8a1-3, and notice
that if no recovery is made fee is still
owed.
2009-279T Attorney who is terminat-
ed in personal injury contingent case may
write to defendant’s carrier for periodic
updates and to have name put on any
settlement check, with copy to successor
counsel.
2009-287T Attorney who represented
mother in custody dispute may not
now, over mother’s objection, represent
grandparents in custody dispute over
same child.
2009-295T Attorney who believes
he is guilty of malpractice has duty to
disclose to client.
2009-309T Attorney cannot represent
both parties in negotiating and drafting
a pre-nuptial agreement, a non-waivable
conflict, nor can another lawyer in firm
represent other party.
2009-316T Former judge cannot
use title on letterhead, cards, etc. when
engaged in private practice of law.
2009-319T Targeted direct mail solicitation is allowed in criminal cases provided there is compliance with content
and record keeping requirements under
Rules 7.1 through 7.7.
2009-323T Pennsylvania law firm
may hire attorney only licensed in New
Jersey but letterhead must disclose jurisdictional limitations.
David I. Grunfeld, an attorney with Astor
Weiss Kaplan & Mandel, LLP, is a member of
the Professional Guidance Committee.
VIP Honors Henry Clinton
as Volunteer of the Month
homeownership clients are
This month, Philadelphia
provided with certain costs of
VIP recognizes Henry M.
transferring title on a fair and
Clinton, a member at Eckert
consistent basis. The comSeamans Cherin & Mellott,
mittee meets 10 times a year.
LLC, for his outstanding
Clinton is now representing
volunteer assistance to VIP
a client who purchased her
clients.
home 12 years ago, paying off
Clinton began volunteering
significant back taxes during
at VIP in 1992 and has since
that time; however, the record
helped numerous VIP clients.
owner failed to transfer legal
He has used his vast real
title to the client.
estate expertise to help VIP’s
Because of his dedication
homeownership clients, acting Henry M. Clinton
to VIP, acting as volunteer,
as a volunteer attorney on
mentor, and committee member, Clinroughly 20 VIP cases. He has also shared
ton has impacted so many Philadelphia
this extensive real estate knowledge with
neighborhoods by helping provide a secure
VIP staff members and volunteer attorneys
home for VIP clients and their families.
by making himself available as a mentor on
For his commitment and dedication to our
dozens of other VIP cases.
homeownership clients, Philadelphia VIP
Clinton generously served for five years
offers our heartfelt appreciation to Henry
on the Tangled Title Fund’s Advisory ComM. Clinton.
mittee, which ensures that low-income
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.
Monday, March 1
Family Law Section: meeting, 12 p.m.,
10th floor Board Room. Lunch: $8.
Tuesday, March 2
Committee on the Legal Rights of Persons with Disabilities: meeting, 9 a.m.,
11th floor Committee Room.
Wednesday, March 3
Delivery of Legal Services Committee:
meeting, 8:30 a.m., 10th floor Board
Room.
State Civil Litigation Section: meeting,
12 p.m., 11th floor Conference Center.
Lunch: $8.
Intellectual Property Committee: meeting, 12 p.m., 11th floor Committee
Room South. Lunch: $8.
Friday, March 5
LGBT Rights Committee: meeting, 8:30
a.m., 10th floor Board Room.
Business Development Series: seminar,
12 p.m., 11th floor Committee Room
South.
Monday, March 8
Business Law Section Executive Committee: meeting, 12 p.m., 10th floor
Board Room.
Tuesday, March 9
Criminal Justice Section Executive Committee: meeting, 12 p.m., 10th floor
Board Room.
Wednesday, March 10
Appellate Courts Committee: meet-
ing, 12 p.m., 10th floor Board Room.
Lunch: $8.
Women in Intellectual Property Committee: meeting, 12 p.m., 11th floor
Conference Center. Lunch: $8.
Young Lawyers Division Cabinet: meet-
ing, 12p.m., 10th floor Cabinet Room.
Public School Education Committee:
meeting, 4 p.m., 11th floor Committee
Room South.
Thursday, March 11
Legislative Liaison Committee: meeting,
12:30 p.m., 10th floor Board Room.
Lunch: $8.
Friday, March 12
12 p.m., 10th floor Board Room.
The Philadelphia Lawyer magazine Editorial Board: meeting, 12:15 p.m., 11th
floor Committee Room South.
Monday, March 15
LegalLine: 5 p.m., 11th floor LRIS
offices.
Family Law Section Executive Committee: meeting, 12 p.m., 11th floor
Committee Room South.
Lawyers in Transition: seminar, 12 p.m.,
11th floor Conference Center. Lunch:
$8.
Friday, March 19
Social Security Disability Benefits Committee: meeting, 12 p.m., 11th floor
mittee: meeting, 12 p.m., 10th floor
Board Room.
Green Ribbon Task Force: meeting, 12
p.m., 11th floor Committee Room
South. Lunch: $8.
p.m., 10th floor Board Room. Lunch:
$8.
Tuesday, March 23
Philadelphia Bar Foundation Board of
Resource Development Subcommittee:
Trustees: meeting, 12 p.m., 11th floor
meeting, 8:30 a.m., 10th floor Board
Room.
Quarterly Meeting and Luncheon: 12
p.m., Hyatt at The Bellevue, Broad and
Walnut streets. Tickets: $55, philadelphiabar.org.
Management Subcommittee: meeting, 9
a.m., 10th floor Board Room.
Medical Legal Committee: meeting,
12 p.m., 11th floor Committee Room
South. Lunch: $8.
Delivery of Legal Services Committee
Lawyer Referral and Information Service
Young Lawyers Division Executive Com-
Tuesday, March 16
Cabinet: meeting, 12 p.m., 10th floor
Board Room.
Wednesday, March 17
Monday, March 22
Technology Committee: meeting, 12
ing, 12:30 p.m., 11th floor Committee
Room South. Lunch: $8.
ing, 12 p.m., 11th floor Conference
Center. Lunch: $8.
Civil Gideon Task Force: meeting, 12
Law Practice Management Division
Employee Benefits Committee: meet-
Workers’ Compensation Section: meet-
Conference Center. Lunch: $8.
mittee: meeting, 12 p.m., 10th floor
Conference Center.
tive Committee: meeting, 10:30 a.m.,
11th floor Committee Room.
Thursday, March 18
Public Interest Section Executive Com-
Board Room.
Workers’ Compensation Section Execu-
Wednesday, March 24
p.m., 10th floor Board Room.
Thursday, March 25
Committee: meeting, 12 p.m., 11th
floor Committee Room South.
Elder Law Committee: meeting, 1 p.m.,
10th floor Board Room. Lunch: $8.
Board of Governors: meeting, 4 p.m.,
10th floor Board Room.
Friday, March 26
Tuesday, March 30
Women in the Profession Committee:
meeting, 12 p.m., 10th floor Board
Room. Lunch: $8.
Criminal Justice Section: meeting, 12
p.m., 11th floor Conference Center.
Lunch: $8.
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 19107-2955. Send
Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia
Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, PA 19107-2955.
Fax: (215) 238-1159. E-mail: reporter@philabar.org.
Photo by Jeff Lyons
HAP Annual Benefit Set for April 8 at Ritz-Carlton
philadelphiabar.org
The Fundraising Committee from the Homeless Advocacy Project
gathers Feb. 8 at the offices of Morgan, Lewis & Bockius LLP.
Pictured are (front) Marsha Cohen, HAP executive director; (second row, from left) Blaine Stanley, ACE; Jack L. Foltz; J. Gordon Cooney Jr. of Morgan Lewis; (third row, from left) Andrea
Bloch, HAP development director; Sara Brandes, LEXIS-NEXIS;
Cary Moritz, HAP volunteer coordinator; (fourth row, from left)
Margaret A. Morris, Reger Rizzo & Darnall LLP; Kevin Stepanuk,
Exelon; Madeline M. Sherry, Gibbons P.C.; Caitlin M. Piccarello,
Saul Ewing LLP; (back row, from left) James E. DelBello, Morgan Lewis; Ethan D. Fogel, Dechert LLP; and Stephen G. Harvey,
Pepper Hamilton. HAP’s April Benefit will be held Thursday, April
8 at the Ritz-Carlton, 10 Avenue of the Arts, beginning at 5:30
p.m. At the event, HAP will honor Sandy Ballard, founding HAP
executive director; Christopher C. Fallon Jr., founding HAP board
member and former HAP board president; and Jack L. Foltz, former HAP board president and former vice president and general
counsel, Sunoco. The event will feature complimentary cocktails
and hors d’oeuvres and a silent and live auction. For more information, visit homelessadvocacyproject.org.
21
People
Sara Woods, ex-
ecutive director of
Philadelphia VIP,
was recently named
the 2010 recipient of the Donald
W. Dowd Alumni
Association Award
for Public Service by Villanova University
School of Law.
Helen E. Casale, a
shareholder with
Hangley Aronchick
Segal & Pudlin, has
been elected vice
chair of the Interbranch Commission
for Racial Gender
and Ethnic Fairness.
Jason Banonis, a shareholder with
Marshall, Dennehey, Warner, Coleman
& Goggin, was recently nominated to
become a member of the Council on
Litigation Management.
Roberta JacobsMeadway, a member
of Eckert Seamans
Cherin and Mellott,
LLC, was recently
elected president
of the Board of
Directors of Hope
Afloat, USA, credited as Philadelphia and
Pennsylvania’s first breast cancer survivor
dragon boat racing team.
Deborah J. Zateeny,
a partner with Zateeny Loftus, LLP,
was a course planner
and panelist at the
Pennsylvania Bar
Institute’s program
“How To Start A
Nonprofit Organization” on Jan. 13.
Harris A. Dainoff, an associate with Fox
Rothschild LLP, was sworn in Jan. 4 to a
six-year term on the Board of Supervisors
in East Norriton Township, Pa.
Thomas A. Leonard, a partner with
Obermayer Rebmann Maxwell &
Hippel LLP, was
recently honored by
the American Jewish
Committee Philadelphia/Southern New Jersey with the 2010
Learned Hand Award.
22
Kenya Mann
Faulkner, a partner
Albert Momjian,
a partner with
Schnader Harrison
Segal & Lewis LLP,
has been elected to
serve as president
of the Philadelphia
Consular Corps
Association. Momjian has served as the
Honorary Consul for the Republic of
Haiti since 1978.
Abraham C. Reich,
co-chair of Fox
Rothschild LLP and
a past Chancellor
of the Philadelphia
Bar Association, was
recently re-appointed
to serve on the
Pennsylvania Continuing Legal Education Board.
Michael E. Scullin, counsel to McElroy,
Deutsch, Mulvaney & Carpenter, LLP,
has been elected vice president of the
Consular Corps Association of Philadelphia, the oldest consular corps in the
United States. Scullin is the honorary
consul of France in Philadelphia and
Wilmington, Del.
Marc S. Raspanti, a partner with Pietra-
gallo Gordon Alfano Bosick and Raspanti, LLP, presented at “Representing the
Physician 2010” seminar in Orlando, Fla.
on Jan. 22. The program was sponsored
by the Florida Bar Continuing Legal
Education Committee and the Health
Law Section and the Tax Section.
Nutter.
Beth L. Weisser, an
Committee.
Michael F. Schleigh, an associate with
Deasey, Mahoney, Valentini & North,
Ltd., published the article “Owning Up
to Attorney Failures: The Need to Disclose Potential Liabilities When Applying
for Malpractice Policies” in the American
Bar Association publication The Brief.
Joseph Manko, a partner with Manko,
Gold, Katcher & Fox, LLP, was a panelist
at the program “Here Comes the Rain:
Understanding the Philadelphia Water
Department’s New Stormwater Assessment” on Jan. 26.
associate with Fox
Rothschild LLP, was
recently appointed
to serve a three-year
term on the board
of the Friends of the
Philadelphia Zoo
Bernard Max Resnick, principal in
Bernard M. Resnick, Esq., P.C., lectured
on concert tour deal rights in the music
industry at the international music business conference “MIDEM,” which was
held in January in Cannes, France. He
also lectured at the inaugural “New Noise
Santa Barbara” music conference and
CLE event in Santa Barbara, Calif., on
multiple-rights deals.
Jeffrey L. Dashevsky
of Dashevsky,
Horwitz, Kuhn &
Novello, P.C. has
been elected to the
Executive Committee of the Louis D.
Brandeis Law Society
for a two-year year term.
Meredith DuBarry Huston, an associate
with Manko, Gold, Katcher & Fox, LLP,
recently spoke on “The Green Building
Revolution: Addressing & Managing Legal Risks and Liabilities” at the American
Boiler Manufacturers Association Annual
Meeting in Scottsdale, Ariz. with Ballard Spahr
LLP, has been reappointed to the City
of Philadelphia’s
Board of Ethics by
Mayor Michael
Masters.
Francis J. Raucci, of
counsel partner with
Gough, Shanahan,
Johnson & Waterman, PLLP, has been
elected as a Fellow
of the Academy of
Court Appointed
Paula Sanders, a
partner with Post
& Schell, P.C., has
been appointed as
a member of the
American Health
Care Association’s
Legal Committee.
Patrick Meehan, Patricia Hamill, Judson
Aaron and Robert Rauker of Conrad
O’Brien PC recently presented “State
Physician Payment Disclosure Trends:
Is Your Company in Compliance or is
it Exposed to Potential Government
Investigations?” to the Delaware Valley Chapter of the American Corporate
Counsel Association.
Todd Kantorczyk, a partner with Manko,
Gold, Katcher & Fox LLP, discussed
the history and potential ramifications
of EPA’s endangerment finding at the
seminar “EPA’s Endangerment Finding
for Greenhouse Gases: Rationale and
Ramifications” sponsored by the Delaware Valley Chapter of the Air & Waste
Management Association on Feb. 18 in
in Bala Cynwyd, Pa.
J. Eric Rathburn, a partner with Obermayer Rebmann Maxwell & Hippel LLP,
has been elected to a three-year term as a
member of the Board of Directors of
the Haverford Township School District
Education Foundation.
E. Harris Baum, honorary consul
general for the Republic of Korea, has
been named Senior Advisor to the Board
of Directors of the Penn Asian Senior
Services.
Neil A. Stein, a
principal with
Kaplin Stewart
Meloff Reiter &
Stein, P.C., has been
appointed to the
Board of Directors
of the Homebuilders
Association of Bucks and Montgomery
Counties.
nNames ARE NEWS
“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 19107-2955.
Fax: (215) 238-1159. E-mail: reporter@
philabar.org. Color photos are also
welcome.
Pinkenson to Speak
at YLD Annual Meeting
Sharon Pinkenson,
executive director of
the Greater Philadelphia Film Office, is
the keynote speaker
at the Young Lawyers
Division Annual
Meeting on WednesPinkenson
day, March 31.
YLD Chair Albertine DuFrayne, an associate with Petrelli Law, P.C., will outline
her plans for the year at the event. The
YLD will also present its Craig M. Perry
Service Award, F. Sean Peretta Service
Award and YLD Vision Award at the
event. Visit philadelphiabar.org for the
location, award winners and registration
information.
philadelphiabar.org
philadelphiabar.org
23
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for one low price:
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plus shipping and tax, if ordered before
March 1, 2010
extended until March 31, 2010
Online and in print, the 2010 Legal Directory is your most
up-to-date source of information on the Philadelphia-area
legal community, featuring hundreds of new lawyer, law
firm and government entries!
ALSO INCLUDED:
r corporate counsel section
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philadelphiabar.org

March 2010 - Philadelphia Bar Association

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