Serve People and Society, Williams Tells Members

Transcription

®
July 2004
Vol. 33, No. 7
The Monthly Newspaper of the Philadelphia Bar Association
Litigation
Section
Gets Board
Approval
Serve People and Society,
Williams Tells Members
by Jeff Lyons
continued on page 13
by Jeff Lyons
Photo by Jeff Lyons
The law is not about billable hours and arguments
won, but about serving people and society to create a
better democracy, National
Public Radio correspondent
Juan Williams told the Association at its June 24 Quarterly
Meeting and Luncheon.
Williams delivered the 6th
Annual Judge A. Leon Higginbotham Jr. Memorial Public
Interest Lecture at the event at
the Park Hyatt Philadelphia at
the Bellevue before a crowd of
more than 400 people. The
audience included new members of the Association’s 50and 65-Year Clubs as well as
the winner of the Association’s Justice Ruth Bader
Ginsburg “Pursuit of Justice”
Legal Writing Competition.
The winner of the Association’s Higginbotham Fellowship was also announced at
The Board of Governors unanimously approved the creation of a new
State Civil Litigation Section at its June
24 meeting.
The State Civil, Compulsory Arbitration and Medical-Legal committees will
no longer be standing committees of
the Association, but rather committees
of the new section. The members of
those three committees will receive
automatic membership into the new
section.
Richard S. Seidel, chair of the task
force that helped form the new section,
said the idea of a section for civil litigators has been bounced around for
about 20 years.
“The section gives litigators the right
to govern themselves. They’ll be able to
select their own chairs,” he explained.
The creation of a State Civil Litigation Section was one of Chancellor Gabriel L.I. Bevilacqua’s goals for 2004. In
Juan Williams autographs copies of his latest book after delivering the 6th annual Judge A. Leon
Higginbotham Jr. Memorial Public Interest Lecture on June 24.
Make Hotel Reservations for Nov. Bench-Bar
Atlantic City will welcome Philadelphia lawyers
and judges once again
when the Philadelphia Bar
Association convenes its
40th Bench-Bar Conference at the Borgata Hotel
Casino & Spa on Nov. 5 and 6.
Plans are being finalized for a conference that will mix substantive law
seminars and social
events in a relaxed environment. Attendees can
earn up to 5.5 CLE credits during the two days.
Borgata hotel reservations are now open and
should be made separately at 866MYBORGATA (866-692-6742). Mention
“Philadelphia Bench-Bar 2004” to take
advantage of the special rate of $210
per night plus taxes. You also can register online at www.theborgata.com.
Reservations must be made by Friday,
Oct. 1. Hotel parking is $5 per car, per
in-and-out.
Please note that you must also complete the official Conference registration
form that can be found on Page 12 of
this newspaper.
continued on page 3
In This Issue ...
4
Federal Bench-Bar
11
Family Law
12
Commerce Court
15
Bar Foundation
17
Gender Journalism™
18
Job Outlook
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PHILADELPHIA
2
JULY 2004 / BAR REPORTER
Association Keeping Eye on Legislation
and/or further eliminations of net
profits tax exemptions for law firms
under the Keystone Opportunity
Improvement Zone program.
Common law marriage: The
Association, through the Public Interest
Section, has worked with public interest groups in opposition to the statutory abolishment of common law marriage in Pennsylvania. We’ve also
worked with the bill’s prime sponsor in
an attempt to craft compromise legislation that would still honor the intent of
our Association’s resolution on this
subject and ultimately resolve the
issue. Senate Bill 985 was passed by the
Senate but included a specific date for
abolishing common law marriages,
thereby grandfathering current marriages.
Domestic partnerships: Once
again, we’ve worked with other interest
groups in opposing amendments in the
state House that would have banned
the Commonwealth from offering benefits to partners of same-sex marriages.
The amendments would have impacted
the legal community’s ability to conduct business with governmental agencies. The amendments have been
delayed on procedural grounds on two
occasions thus far.
Death penalty/mentally
retarded: The Association, through
the Legal Rights of Persons with
Disabilities Committee and the Civil
Rights Committee, continued its historical opposition to the imposition of the
death penalty on the mentally retarded. The Bar supported Senate Bill 26
requiring a statutory definition for
mentally retarded and mandating that
all such determinations be made pretrial in capital cases. The Bar also
opposes Pennsylvania Senate Bill 97,
the House amended version of the bill
that does not contain a pre-trial determination.
Amendments to the real
opposing an amendment to the U.S.
Constitution that would restrict the
ability of a state to prescribe the qualifications for civil marriage. The measure passed unanimously.
“We’re not asking you to support
gay marriage. This resolution opposes
the amendment of the Constitution,”
explained Margaret Klaw, former chair
of the Family Law Section.
The Board also unanimously
approved a resolution from the
Women’s Rights Committee supporting
a reduction in the statue of limitations
on adverse possession of residential
property.
Judy F. Berkman, chair of the
Women’s Rights Committee, said people must wait 21 years before commencing an adverse possession action.
Pennsylvania House Bill 2412 will
shorten the statute of limitations to 10
years.
Another resolution from the
Women’s Rights Committee, urging
Congress to extend the federal ban on
semiautomatic weapons for 10 more
years, was also unanimously approved.
Berkman said the extension on the ban
is supported by President Bush,
Democratic presidential candidate John
F. Kerry as well as health professionals,
children’s advocates, religious and civic
organizations and law enforcement
organizations.
The board was also informed about
two proposed resolutions regarding
changes to the Association’s bylaws.
Section 1100 of the bylaws would simplify the method for amending the
Association’s bylaws. Section 903
would be changed to allow Sections to
have two or more co-chairs.
The two proposed changes will be
published and then sent to the Board
for approval. Once the Board approves
the measures, the full membership of
the Association will vote.
by Gabriel L.I. Bevilacqua
Edmund Burke said it: “Laws, like
houses, lean on one another.” The
political philosopher reminds us of the
interdependence of laws as part of the
vast system that we know as the law.
Add a new law or alter another and
you will likely affect nearly all the
other laws.
For this and many other reasons,
your Philadelphia Bar Association
plays close attention to the legislative
process in Philadelphia, Harrisburg and
even in Washington. We are actively
lobbying and advocating in your interest and, we hope, in the public interest.
Here are some of the important legislative matters we’ve being involved in
during the first half of this year:
Local taxes: During the current
session of Philadelphia City Council we
have testified on several occasions and
have reiterated our support for a package of tax reform legislation including
reductions in the wage tax. The
Association has also advocated an end
to the disproportionately higher tax
imposed on professional services firms
organized as partnerships. Furthermore, we have opposed the repeal of
BOARD
continued from page 1
his December speech to members, Bevilacqua said “our civil litigators (representing both the plaintiff and the defense bar) are obvious in their absence
from section status. This will be an
important step toward inclusion and
communication within this segment of
the Bar, and between this new section
and the rest of us.”
The election of officers for the new
section will take place by the end of
the year.
The Board also unanimously approved a resolution that will pay Maskar
Design $190,000 to construct a new
Web site for the Association. The Web
site is scheduled to be completed by
next spring.
Association Executive Director
Kenneth Shear said members will be
able to personalize information available on the Web site to fit their needs.
Members will also be able to edit their
membership online and utilize message boards. There will also be a new
Spanish language section of the Web
site for the public.
Maskar design has worked with TriStar Pictures, Johnson & Johnson, the
Pennsylvania Academy of Fine Arts
and the Pennsylvania Ballet.
The Board also approved a resolution from the Family Law Section
FRONTLINE
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, Managing Editor, Philadelphia Bar Reporter,
Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 191072911. Phone: (215) 238-6345. Fax: (215) 238-1267. E-mail: reporter@philabar.org.
property title: We’ve successfully
worked with the prime sponsor of legislation amending Pennsylvania’s
Planned Communities Act, the Uniform
Condominium Act and the Uniform
Cooperative Act (House Bills 1329, 1330,
1331) to make the legislation friendlier
to all interests in real property transactions. We were able to delay Senate
consideration of the bills until our suggestions could be incorporated. The
Senate was expected to consider the
bills prior to the summer recess.
Business law code changes:
The Association, through the Business
Law Section, has recently advised the
State Senate of its support for Senate
Bill 276, legislation that contains several amendments to Title 15 including
some that affect limited liability partnerships. The Bar Association has also
advised the Senate of its opposition to
any amendments requiring the publication of newspaper advertisements
when a limited liability partnership or
limited liability company is organized
under Pennsylvania law.
Court interpreter legislation: The Association, through its
Editor-in-Chief
Molly Peckman, Esq.
Associate Editor
Sunah Park, Esq.
Contributing Editor
Richard Max Bockol, Esq.
Advisory Editors
Bruce H. Bikin, Esq.
Merih O. Erhan, Esq.
Marc W. Reuben, Esq.
Director of Publications and New Media
Mark A. Tarasiewicz
Managing Editor
Jeff Lyons
Copy Editor
Kate Maxwell
Associate Executive Director
for Communications and Public Affairs
Daniel A. Cirucci
Executive Director
Kenneth Shear
The Philadelphia Bar Reporter (ISSN 1098-5352) is
published monthly and available by subscription for
$45 per year by the Philadelphia Bar Association, 1101
Market St., 11th fl., Philadelphia, Pa. 19107-2911.
Periodicals postage paid at Philadelphia, Pa. POSTMASTER: Send address changes to Philadelphia Bar
Reporter, c/o Philadelphia Bar Association, 1101
Market St., 11 fl., Philadelphia, Pa. 19107-2911.
Telephone: (215) 238-6300. Association Web site:
www.philadelphiabar.org. Newspaper e-mail 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 Media Two, 22 W. Pennsylvania Ave, Suite
305, Towson, Md., 21204. Telephone: (410) 828-0120.
Visit the Philadelphia Bar on the Web at www.philadelphiabar.org • Look for Bar Reporter Online e-newsbrief every Monday morning
PHILADELPHIA
BAR REPORTER / JULY 2004
3
Hundreds Attend Federal Bench-Bar Conference
Attorney Thomas R. Kline was part of the
panel “Is Technology All It’s Cracked Up to
Be.”
U.S. Attorney Patrick L. Meehan delivers
his report about the U.S. Attorney’s Office
at the Federal Bench-Bar Conference.
Photos by Jeff Lyons
U.S. District Court Chief Judge James T. Giles (center) is joined by Federal Courts
Committee Chair Rudolph Garcia and Vice Chair Abbe F. Fletman at the June 11 Federal
Bench Bar Conference at Ashbourne Country Club in Cheltenham, Pa.
Business Law Section Chair Mitchell L. Bach addresses the
Conference. More than 200 people attended the annual
event.
U.S. District Court Chief Magistrate Judge James R.
Melinson announced he will be leaving the court for a job in
the private sector as panelist Charisse R. Lillie looks on.
U.S. District Court Judges Lowell A. Reed Jr. and Anita B.
Brody (in blonde wig) perform a public service announcement on the benefits of electronic case filing.
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4
Chief Clerk Kunz Honored at Federal Bench-Bar
Michael E. Kunz, chief clerk
of the the U.S. District Court
for the Eastern District of
Pennsylvania, was honored by
the Federal Courts Committee
at its June 11 Federal BenchBar Conference for his 25
years as chief clerk.
“He was there when the
courthouse was conceived,
erected and corrected,” joked
U.S. District Court Chief Judge
James T. Giles.
Federal Courts Committee
Chair Rudolph Garcia said
Kunz’s term is the secondlongest continuous term of
service of any clerk of court.
“And he’s not going to stop
until he breaks the record,”
Garcia said.
“We didn’t want that milestone to pass without some
recognition. We wanted to
give you a token of our appreciation for all your years of
service and the great job
you’ve done,” Garcia told
Kunz in front of more than
200 people gathered for the
Photo by Jeff Lyons
by Jeff Lyons
Federal Courts Committee Chair Rudolph Garcia (left) presents a commemorative bowl to U.S. District Court
Clerk Michael E. Kunz at the June 11 Federal Bench-Bar Conference. Kunz was honored for 25 years of service
to the court.
conference at Ashbourne
Country Club in Cheltenham.
“It’s been a great privilege
to serve the federal judiciary.
Let’s hope that longevity allows me to continue to contribute to the efficient administration of justice in the East-
ern District of Pennsylvania
and the federal court system,”
Kunz said.
“It has been truly a great
privilege and there is still
much to be done. There are
still many more chapters to
write. When the book is clos-
ed, let’s hope I was able, in
some small way, to enhance
the administration of justice
and to make the judges who
serve on the court do their
jobs with less difficulty. Believe me, they do have a tremendous task and with an
austere budget it’s going to be
continually difficult,” he said.
“Serving the Bar has been
a great opportunity. I enjoy
working with the lawyers
very much,” he said.
Kunz joked that the 25
years in his current job are
“probably a greater tribute to
my wife, Marlene, and my
able cardiologist.”
“Mike truly loves this court
and he respects this court,”
Judge Giles said. “Mike has
unparalleled knowledge of
the history of our court. He’s
a reservoir of recollections
about historical connections
that are very useful in educating those who come on as
chief judges who may not be
familiar with that history.”
Judge Giles said Kunz is
responsible for space, facilities, clerks, personnel and
implementation of innovative
procedures envisioned by the
U.S. Judicial Conference in
Washington.
Judge Giles has worked
with Kunz for 25 years, the
last six as chief judge.
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6
Philadelphian to Preside in Sarajevo
by Jeff Lyons
Judge Carolyn Engel Temin is
changing the color of her robes. She’s
trading in her black robe from the
Philadelphia Court of Common Pleas
for the burgundy robe of the Court of
Bosnia and Herzegovina in Sarajevo,
where she’ll be the first woman judge
to hear cases involving organized
crime and public corruption.
Judge Temin, who is also president
of the National Association of Women
Judges (NAWJ), said the Bosnians approached the NAWJ and asked if there
were any judges from the organization
with five years experience on the
bench as well as experience in complex
criminal matters.
“Their qualifications were like a
description of my CV,” she recalled. Her
term will begin in September and will
last a year.
Judge Temin, 69, would have retired
or reached senior status as of Dec. 31.
To take the position in Sarajevo, she’ll
be retiring as of Aug. 31.
Temin will serve with another
American, Judge Robert Ulrich from
the Missouri Court of Appeals. She said
she has been in contact with a pair of
judges from Minnesota now on the
bench in Sarajevo to get their impressions about the country and the job.
Philadelphia Common Pleas Court
President Judge Frederica A. MassiahJackson is thrilled for the opportunity
awaiting for her friend.
“Judge Temin and I were endorsed
by the Democratic Party in 1981. We
were the only two women running and
we both lost. Back then, the word on
the street was that no women should
be on the bench,” recalled Judge Massiah-Jackson.
“But we said we weren’t going to
quit and in 1983 we were nominated
and endorsed again and we won,” she
said.
“Her career has been in the trial
division. She loves criminal law. She’s
written the criminal law bench book
that all judges across the state use. All
this is keeping with her professional
goals and her career. It’s going to be a
real broadening experience. It’s also a
terrific opportunity.”
“I can’t wait for her to come home
and she hasn’t even left yet,” Judge
Massiah-Jackson said.
Judge Temin will receive a housing
allowance as well as a salary. She’ll also
have a translator working with her,
joining her on the bench. “We’ll have
law clerks and secretaries who are
Bosnians and speak English. There are
two international judges and one
Bosnian judge on each panel,” she
explained, adding the translator is
needed so all three judges can confer.
Judge Temin will serve on three different judicial levels – preliminary, trial
and appellate. She’ll sit alone at preliminary hearings and will be part of a
panel of three at the trial level. She’ll
also be part of a panel at the appellate
level. There are no jury trials in Bosnia,
she said.
“For me, it’s a dream come true. I
always wanted to sit on an internal tribunal, but wasn’t sure how I could do
it. But this came just at the right time
for me. One of my great hobbies is skiing and the mountain is right there,”
she said, referring to the site of the
downhill skiing at the 1984 Winter
Olympics.
Judge Temin said she never had the
opportunity to travel as a young adult.
“I graduated college in 1955 and
Europe was still recovering from World
War II and travel was limited. It’s
amazing at this age that I’ll finally get
the opportunity. I’ve also never lived
anywhere else but Philadelphia,” she
said.
Photo by Jeff Lyons
Temin to Be Bosnia’s First Woman Judge
Judge Carolyn Engel Temin
“I’ll miss lots of things, like my
morning and afternoon drive into the
city and back to East Falls. I’ll miss my
friends, some of whom go all the way
back to my childhood,” she said.
“But I’ll be getting an apartment big
enough so I can have lots of company,”
she said.
“My husband thinks it’s a great
opportunity. He’ll miss me, but he’ll
come over to visit me often. Since my
family isn’t here in Philadelphia, I see
them in intervals. They’ll come visit.
My grandchildren are old enough (two
9-year-olds and a 13-year-old) to travel internationally and see me.”
“I will miss my court very much. I’m
sure I’ll make new friends in Sarajevo,
but there is a certain special feeling for
people you’ve worked with for a long
time,” she said.
PHILADELPHIA
7
Professional Responsibility Committee
Photo by Jeff Lyons
Compensation Issues
Dominate Discussion
Legislative Liaison Committee Co-Chair Lynn A. Marks meets with Ron Jumper (left) and
Association lobbyist Anthony Crisci prior to the Committee’s June meeting.
Legislative Liaison Committee
Interpreter Update Presented
by Max Kennerly
The Association’s Legislative Liaison
Committee received on June 10 an update on legislation that would adopt a
certification procedure and standardize
the appointment of interpreters for litigants with limited English proficiency
or who are deaf or hard of hearing.
Ron Jumper, who serves as Democratic counsel to the Senate Judiciary
Committee as well as counsel to state
Sen. Jay Costa Jr. (D-Allegheny), told
committee members Senate Bill 669,
which Sen. Costa introduced, had
moved from the Judiciary Committee
to the Appropriations Committee while
House Bill 2181 remains in the Judiciary Committee. The wording of the
bills is particularly important because
Article V, Section 10 of the Pennsylvania Constitution gives the state Supreme Court general authority over the
administration of courts.
At the meeting, Jumper said that the
Legislature’s current focus on the budget likely would preclude passage be-
fore the end of the year, and he recommended concerned parties to contact
the House Judiciary Committee members to communicate their support for
the bill.
The interpreters’ legislation is a response to the report of the Pennsylvania Supreme Court’s Committee on
Racial and Gender Bias that Pennsylvania’s ad hoc system for assigning interpreters (and the lack of any system
for certifying interpreters) undermines
the ability of courts to determine facts
accurately and to dispense justice. In
February, the Supreme Court requested
$25,000 to join a consortium of 30
states seeking to improve the availability of interpreter services.
On May 17, the Senate Judiciary
Committee conducted a public hearing
on SB 669. At the hearing, it was recommended that Pennsylvania join the
majority of states (and the federal
courts) by adopting a standardized certification and appointment process.
Max Kennerly is a legal intern at Pennsylvanians for
Modern Courts.
by Asima Panigrahi
In many respects, the law is a business as much as a profession, according
to guest speakers who discussed the
business of law firms and their compensation structure at the May 25
meeting of the Professional Responsibility Committee.
Former Chancellor Abraham C.
Reich, a managing partner at Fox Rothschild LLP; Tom S. Clay, a principal at
Altman Weil, Inc.; and James LaRosa, a
principal at JuriStaff, Inc., addressed the
committee.
Reich noted the tension that often
exists between participating in a business and generating revenue. He suggested that a better term for the legal
industry would be “professional business” and that “business” is governed
by the Rules of Professional Conduct.
LaRosa said large firms recently
have raised associates’ starting salaries
to the $100,000 to $125,000 range and
that along with the salary hikes came
an increased pressure to bill hours. He
said this often results in burnout am-
ong new associates after only a few
years. When there is temptation to
move to smaller firms for less stress, it
will also translate to fewer hours. This
theory, LaRosa said, is a common misconception, and a move to a smaller
firm can often result in the same hours
for less compensation.
Clay then discussed one of the surveys conducted by his office every two
years. The survey includes hundreds of
law firms nationwide of all sizes and
practice areas. Clay reported that when
partners were asked which factors were
the most important in determining
compensation, the top answer by a
landslide was individual work and fee
receipts. In fact, Clay said, this has been
the top criteria for compensation for
the last 12 years. The least important
factor in compensation is seniority, and
the second to last is community, education, and bar involvement. According
to Clay, associates ranked billable hours
as the top factor in their compensation,
followed by evaluations and then fee
receipts.
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PHILADELPHIA
8
Take Control of Your Life by Prioritizing
by Kim R. Jessum
How do we do it? As I am sitting
here at home writing this article at 9
p.m., I’m wondering how young
lawyers can successfully balance their
careers, family and activities. Many
attorneys I know are over-achievers
and seem to have too much on their
plate at any one time. But these attorneys have learned a way to balance
their careers and personal lives.
Without that balance, they would have
left the profession long ago.
For the past six months, I’ve been
telling you to get connected to the Bar
Association and the community, but I
haven’t offered any suggestions of how
you can get connected without sacrificing your already-valuable time. Most
of us have busy careers with long
hours and barely have enough time for
exercise or spending time with family
and friends. If we don’t take the time to
separate ourselves from our work,
however, we’ll be miserable in our jobs
and not have fulfilling lives.
All of us are in a constant struggle
to attain a healthy quality of life. But
you can begin to be mindful of creating balance in your life on a daily
basis. Identify your goals and prioritize
them at the beginning of each day. As
YLD UPDATE
you accomplish each goal, you feel less
overwhelmed and the remaining goals
appear to be more attainable. If you
are in the middle of a project, for example, don’t let e-mails and phone
calls interrupt you. Instead, set aside a
time in the day where you can take a
break and respond to e-mails and
messages.
Keeping organized and successfully
completing daily goals gives you more
time to spend on things that matter
most. Prioritize your workload according to due date or maintain your case
files in a way that enables you to easily
find documents and/or cases when
you need them later. Complete several
small tasks each morning to get you
through the longer, more intensive
YLD, Workers’ Comp Host Casino Night July 15
The Young Lawyers Division and the Workers’ Compensation Section will
host Casino Night on Thursday, July 15 from 6 to 9 p.m. at Loews Philadelphia
Hotel, 1200 Market St.
Tickets are $30 and can be ordered online at www.philadelphiabar.org.
Admission includes heavy hors d’oeuvres, beer, wine, soda and prizes.
projects in the afternoon. Once you
prioritize your daily goals, you can
then achieve an overall balanced life.
Organization will also help you deal
with those emergencies that disrupt
you during the day. When you’re organized, you can handle the emergency
and then get right back into your daily
routine despite the disruption.
Combining goals also can be a good
organizational tool. I’ve seen members
of the YLD Executive Committee successfully balance their career, personal
life, YLD commitment and other activities. For example, one member who
chose to spend more time with her
family left a large firm to take a position with a nonprofit agency that
enabled her to have more flexibility in
her schedule. She participates in many
YLD meetings via telephone so she is
able to work from home at least one
day a week and still fulfill her YLD
obligations.
Another member uses his time
serving on the YLD Executive Committee and participating in various Bar
Association programs for client and
career development. His work has portrayed him as successful among his
peers and has led to referrals.
No matter how you prioritize your
goals or organize your daily activities,
you will feel that you are better prepared for those emergency situations
and will have more time to spend on
personal goals. Then, when I ask you
to volunteer to speak to law students
through the YLD’s Law School
Outreach program or attend the YLD
and Workers’ Compensation Section
Casino Night, you’ll no longer have the
excuse that you’re too busy and, in
fact, will find the time to attend.
Kim R. Jessum, chair of the Young Lawyers Division, is
patent counsel for Rohm and Haas Company. Her e-mail
address is kjessum@rohmhaas.com.
Superior Information Services
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PHILADELPHIA
9
FRONTLINE
PBI Marks Grand Reopening
Photo by Jeff Lyons
Pennsylvania Supreme Court Chief Justice Ralph J. Cappy offers remarks at the
reopening of the Pennsylvania Bar Institute/Philadelphia Bar Education Center at the
Wanamaker Building on June 23. The facility has been expanded and modernized.
IN BRIEF
Notice to Judicial Candidates
The Commission on Judicial Selection and Retention of the Philadelphia
Bar Association evaluates the qualifications of persons wishing to join the
judiciary. Individuals who wish to be
considered for appointment to the
Philadelphia Court of Common Pleas or
Municipal Courts or who are considering filing for the 2005 primary election
as judicial candidates should contact
the Commission on Judicial Selection
and Retention c/o Areetha M. Carter,
the Bar Association’s staff counsel, to
obtain a copy of a Judicial Evaluation
Questionnaire and a copy of the
Commission’s guidelines and bylaws.
Please return the completed questionnaire to “Judicial Commission” at
1101 Market St., 11th Floor, Philadelphia, Pa., 19107-2911. Also, candidates
who have previously been evaluated
by the Commission are invited to contact the Association to determine
whether their ratings are current by
calling Carter at (215) 238-6351.
NOTE: All ratings for candidates
running in the 2005 primary must be
completed by Jan. 31, 2005; therefore, in
order to ensure that each candidate
receives a full and fair evaluation, no
questionnaires will be accepted for
evaluation after Dec. 15, 2004.
Individuals are reminded that under
the Commission’s Guidelines, any candidates who do not participate in the
Commission’s evaluation process will
receive “Not Recommended” ratings.
William P. Fedullo is chair of the
2004 Commission on Judicial Selection
and Retention.
Palawlibrary.com Discount Available
As a member of the Philadelphia
Bar Association, you are eligible to
receive a discounted subscription to
www.palawlibrary.com - winner of the
American Association of Law Libraries’
Best New Product Award - among the
most thorough research tools for
Pennsylvania law.
Along with a significant discount for
Bar members, www.palawlibrary.com
has become more affordable. Client
charge-back is now available. Track
your usage with an assigned client ID
number; track your research by time,
searches and results. A monthly report
easily keeps track of your research
expenses.
The offer to Bar members includes a
six-month subscription with full access,
including PICS Direct. The cost is just
$150, a savings of 25 percent off the
annual subscription rate of $397. Visit
www.palawlibrary.com and sign up for
“no obligation” 14-day trial.
Free Philadelphia Sports Clubs Trial Membership
Philadelphia Sports Clubs (PSC) is
offering Association members a 30day free trial membership along
with a one-hour fitness workout
with one of PSC’s fitness trainers.
This offer is available at PSC’s
location at 1735 Market St.
For more information, contact
Brian Chunglo at (215) 564-5353.
You must sign up for the membership during the month of July; however, the 30 days begin on the date
of sign-up.
Philadelphia Sports Clubs has
locations in Philadelphia, Ardmore,
Chalfont and Cherry Hill, N.J.
Special Committee to Coordinate the
Bar’s Response to the Supreme Court’s
Race and Gender Bias Report, in partnership with public interest groups
worked with the state Senate to further
legislation that would provide for court
interpreters. We testified along with
other panelists in support of Senate Bill
669. The bill was recently reported out
of the Senate Judiciary Committee.
Older adult protective services: Through the Civil Rights
Committee we’ve participated with a
coalition of long-term care providers
and public interest lawyers in advancing legislation (HB 2319) to remedy
constitutional issues with the Pennsylvania Older Adult Protective Services
Act. The House version of the legislation was approved this spring and the
coalition continues to work on amendments that would provide for due
process for all persons given lifetime
bans from employment in long term
care facilities.
Legal services taxation: We
have continued our opposition to the
taxation of legal services. The Commonwealth Caucus of the House has proposed legislation to impose a 4 percent
sales tax on legal services. We’ve submitted written testimony to the House
Majority Policy Committee opposing
this move.
Keystone Opportunity Improvement Zone program: The
Association recently submitted a letter
to the Pennsylvania Senate Finance
Committee opposing legislation that
would prevent law firms and other
partnerships from qualifying for net
profits tax exemptions under the KOIZ
program. We don’t think lawyers and
law firms should be singled out in this
way.
Medical malpractice caps: We
have opposed legislation that would
place a cap on non-economic damages
in Pennsylvania. As part of our opposition to Senate Bill 9, we communicated
with all 50 senators. Although the legislation was ultimately approved by the
Senate, the Association continues to
oppose the caps and recently wrote to
those members opposing the discharge
resolution.
Commerce Court for the
First Judicial District: The Association has proposed creating a commerce court division in the First Judicial District. The legislation would codify the existing commerce court case
management program operating within
the Common Pleas Court of
Philadelphia. The legislation has been
held pending other changes.
Landlord/tenant: Through our
Public Interest Section, we’ve worked
with public interest groups in delaying
legislation providing for accelerated
evictions in Pennsylvania. The
Association has also worked with the
Governor’s Office on a possible veto of
any legislation containing accelerated
evictions.
Loan forgiveness: The Association, through the Criminal Justice
Section, has formally requested U.S.
Sens. Arlen Specter and Rick Santorum
to co-sponsor S. 1091, the federal Prosecutors and Defenders Incentive Act,
which would provide funding for student loan payments for public attorneys. This program would help reduce
a high turnover rate among prosecutors, defenders and civil legal services
attorneys at various agencies. Typically,
these attorneys face high law school
debt and relatively low salaries, often
forcing them to leave their positions.
This brief rundown gives you an
overview of the issues and actions that
have comprised a good deal of our legislative agenda this year. On your
behalf, I have personally testified on
numerous occasions in Philadelphia
and Harrisburg. In nearly every
instance I have acted in response to a
resolution studied and recommended
by one of our sections or committees
and then approved by the Board of
Governors. Sometimes, due to time
constraints and other factors, I have
had to act more spontaneously. Always,
I am guided by previous positions
taken by the Association, the views of
other Association leaders and my own
sense of what is in the best interest of
the Association and the profession.
We understand that every piece of
legislation is important and interdependent. We will continue to keep you
informed regarding these and other
issues as we move ahead in close cooperation with the Association’s sections
and committees.
Gabriel L.I. Bevilacqua, a partner at Saul Ewing LLP, is
Chancellor of the Philadelphia Bar Association. His email address is chancellor@philabar.org.
COMPENSATION
Clay said the survey also asked
firms about their bonus structures and
that 95 percent of large law firms give
bonuses, although this number is significantly less in smaller firms. The
number one criterion in the allotment
of bonuses is billable hours, Clay said.
Large firms also currently employ the
use of signing bonuses to attract top
students to their firms, just as a professional sports team would do for a top
athlete, he told the committee.
The overwhelming message that the
survey shows is that associates must
put in a great deal of hours and bring
in new business in order to make it in
a large firm. These parallel goals are the
key factors to ultimately making partner.
Asima Panigrahi, a clerk in the chambers of Philadelphia
Common Pleas Court Judge Denis P. Cohen, is a member
of the Philadelphia Bar Reporter editorial board.
PHILADELPHIA
10
Family Law Section
Panelists,
Judge Offer
Suggestions
on Ethics
Family Law Section Spring Reception
Marc W. Reuben, a sole practitioner, is an advisory editor
for the Philadelphia Bar Reporter.
Bar, Court Join Forces to Aid Pro Se Litigants
by Patricia A. Dubin, Lise A. Fisher
and Terry L. Fromson
There are new resources available to
the numerous pro se litigants in Philadelphia’s Family Court including brochures, videos and an easier way to get
witnesses into hearings.
The Family Law Section created the
Consumer Education Committee in
November 2003. Committee members
have been working with Common
Pleas Court Judge Idee C. Fox, supervising judge of the Domestic Relations
Division of Family Court, to create informational materials to help people
without lawyers understand how the
legal system works.
Family law cases comprise 35 percent of total civil filings nationwide
and that number continues to grow
each year. The percentage of family law
cases in which one or both parties is
unrepresented continues to increase
throughout the country. Recent data
suggests that between 30 and 90 percent of litigants are unrepresented.
Philadelphia Family Court statistics
show that litigants are unrepresented
in 85 to 90 percent of protection from
abuse, custody and support cases filed.
The creation of brochures containing basic information about protection
from abuse, custody, support and
divorce cases was the first objective of
this collaborative effort. Two new
brochures recently were completed and
are available at multiple locations
throughout the courthouse and at the
First Judicial District Information Office
located in Room 127 City Hall. These
brochures give information about what
may happen in protection from abuse
and custody cases from the initial filing
through the conclusion of the case. So
far the brochures are only available in
English, but they will be translated into
other languages. Brochures about support, paternity, divorce, equitable distribution and other family law matters
are in the works.
The committee plans to develop
Web-based information banks designed for pro se litigants as well as videos
on selected family law topics to show
people what actually happens in the
courtroom. Utilizing the existing First
Judicial District Web site, the goal is to
create a Web site that will serve as a
virtual information center with forms,
instructions on how to complete forms,
statutes and links to other sources of
helpful information. This site would be
modeled after other court-based Web
sites currently in place throughout the
country. All of the forms currently used
at Family Court eventually will be
available on the Web site.
The committee also is continuing to
work on issues related to open access
to the court. Access to the courthouse
is currently limited to litigants, witnesses with subpoenas, domestic violence
advocates and observers. Efforts
already undertaken to increase access
include development of an easy and
readily accessible process that unrepresented parties can utilize to bring their
witnesses to court. Through the creation of what has been informally
dubbed the “Friendly Blue Subpoena,”
lay people can now follow a streamlined process for getting their witnesses
to court. These subpoenas are available
at the Clerk of Court’s Office of Family
Court at 1133 Chestnut St. and in many
sites inside the courthouse at 34 S. 11th
St.
With the full support of Philadelphia Court of Common Pleas President
Judge Frederica A. Massiah-Jackson,
Family Court Administrative Judge
Myrna Field and active participation
from Judge Fox, the committee is optimistic that the collaboration will continue to develop resources and services
beneficial to pro se litigants and others
at the courthouse.
Patricia A. Dubin, Lise A. Fisher and Terry L. Fromson
are co-chairs of the Family Law Section’s Consumer
Education Committee.
Justinians Honor
St. Joseph’s Martelli
Photo by Daniel A. Cirucci
Maintaining decorum during Family
Court proceedings is essential to setting
the appropriate tone at the hearing,
Domestic Relations Division Supervising Judge Idee C. Fox told practitioners
at a June 9 brown-bag session on ethics hosted by the Family Law Section.
“There’s a tendency to be informal
in Family Court and that causes people
not to respect judges or the court,”
Judge Fox said. “It’s to the benefit of the
judge to be more formal.”
Other panelists included family law
practitioners David I. Grunfeld and
Herbert R. Weiman as well as Paul J.
Kazaras, the Association’s assistant
executive director.
Judge Fox spoke on aspects of
courtroom performance, stressing professionalism. She said mistakes by unknowledgable attorneys and incomplete preparation by any advocate has
wide-ranging ethical implications and
practical consequences that long outlast courtroom appearances. She said
not raising proper objections – even
when opposing counsel is pro se – can
fatally compromise the representation
of a client. The ethical and practical
problems of ex parte communications
with judges also was discussed at
length.
Grunfeld spoke about lawyers’ conduct toward clients. He discussed
prompt billing and record keeping, fee
arrangements, the use of alternative
dispute resolution when needed and
the importance of advising the court
when an attorney no longer represents
a client.
Weiman spoke about the conduct of
lawyers toward one another. He discussed the idea of promptly returning
messages, civil conduct in court, the
lingering effects of misrepresenting
facts and recommended the peaceful
resolution of discovery and trial issues.
Kazaras told participants about handling ethical issues caused by difficult
clients and non-responsive opposing
counsel. He explained the proper use,
as well as the abuse of Pa. R.C.P. 1023.1.
Those abuses include presenting a
pleading or motion for the purposes of
harassing the opposing party, delaying
the action or increasing the expense of
the litigation.
Photo by Kate Maxwell
by Marc W. Reuben
Family Law Section Chair
Carolyn Zack (second from
right) meets with Philadelphia
Court of Common Pleas
Domestic Relations Division
Judges (from left) Paula
Patrick, Joel Johnson Jr., Nina
Wright Padilla and Supervising
Judge Idee C. Fox at the
Section’s June 15 reception in
honor of new judges at The
Westin Philadelphia.
St. Joseph’s University men’s basketball coach Phil Martelli
(left) meets with Chancellor Gabriel L.I. Bevilacqua and
Denise C. Gentile, chancellor of The Justinian Society, prior
to the group’s annual scholarship and awards luncheon on
June 17 at the Union League.
PHILADELPHIA
11
State Civil Committee
by Gregg W. Mackuse, Robert T. Szostak
and Kathleen D. Wilkinson
Philadelphia Court of Common
Pleas Judge C. Darnell Jones spoke
enthusiastically to the State Civil
Committee on June 2 about his pride
with working in the Commerce Court
Program as well as his experiences
growing up in the 1950s after the Brown
v. Board of Education decision.
Judge Jones is one of three judges
in the Commerce Case Management
Program, which also includes Judge
Albert W. Sheppard Jr. and Judge Gene
D. Cohen. According to Judge Jones, the
Commerce Program has an inventory
of almost 1,000 cases with various subject matters, and is expected to expand
its inventory in the near future.
In 2004, the Commerce Program has
disposed of more than 300 cases. Judge
Jones discussed the major benefits of
the program, including the court’s
availability to the litigants and the
important roles played by judges pro
tem in the process.
Judge Jones also discussed his personal experiences following the U.S.
Supreme Court’s landmark 1954 decision in Brown v. Board of Education. Judge
Jones was born in the late 1940s and
raised in Oklahoma. He experienced
first-hand the concepts of “separate but
equal” including segregation in education, sports, family life, travel and his
career.
Throughout his remarks, Judge
Jones focused on the importance of
education, a value fostered by his parents. He told a story about how his
baseball teammates supported him as a
boy when it was not his “time” to use
the pool, even though the team was
there to celebrate a victory.
He related a life-threatening
encounter, which resulted in him running from a building and hurrying
along the side of the road to escape.
Due to the kindness of strangers, he
was taken to a safe area and offered a
ride.
Judge Jones related that although he
attended segregated schools he
received a great education. When the
schools were finally desegregated, the
minority teachers were afraid they
would lose their jobs. Fortunately, all
of his teachers were hired.
Judge Jones said he never let negative experiences change his cheerful,
positive disposition.
Photo by Jeff Lyons
Judge Proud of Work
of City Commerce Court
Commerce Court Judges Reception
Gregg W. Mackuse, Robert T. Szostak and Kathleen D.
Wilkinson are co-chairs of the State Civil Committee.
Business Litigation Committee Chair Eric C. Milby (from left) is joined by Common
Pleas Court Judge Sandra Mazer Moss, Administrative Judge James J. Fitzgerald III,
Chancellor Gabriel L.I. Bevilacqua, Judge Gene D. Cohen, Judge Albert W. Sheppard
Jr. and Judge C. Darnell Jones at a June 22 reception for Commerce Court judges at
The Westin Philadelphia. More than 150 people attended the event.
2004 Conference
Bench-Bar Conference Registration Form
2004 Bench-Bar
5 & 6, 2004 • Atlantic City, N.J.
RegistrationNov.
Form
(Please Note: Judges will receive separate conference materials.)
Each attendee must fill out an individual registration form (non-attorney guests may be included on the
form). Please complete this form in its entirety. Make checks payable to the “Philadelphia Bar
Association” and mail to: 2004 Bench-Bar Conference, Philadelphia Bar Association, 1101 Market
Street, 11th Floor, Philadelphia, PA 19107, or pay with your credit card below and fax to 215-238-1159.
REGISTRATION TYPE
ASSOCIATION
MEMBER
Full Conference – Early Bird (Before 10/01/04)
Price is Per Person and Includes: Friday Opening
Luncheon, Friday Night Grand Reception, Saturday
Breakfast, Saturday Closing Luncheon, Course
Materials and Five Credits of CLE.
Full Conference – Regular (After 10/01/04)
Luncheon, Friday Night Grand Reception, Saturday
Breakfast, Saturday Closing Luncheon, Course
Materials and Five Credits of CLE.
One Day Attendee Registration – Friday Only
Luncheon, Friday Night Grand Reception and
Course Materials and CLE Credits for Friday only.
One Day Attendee Registration – Saturday Only
Price is Per Person and Includes: Saturday
Breakfast, Saturday Closing Luncheon and Course
Materials and CLE credits for Saturday only.
Grand Reception – Friday Evening Only
Price is per person and includes the reception only.
ASSOC. MEMBER –
YLD, PUBLIC INTEREST &
GOVERNMENT ATTORNEYS
NON-MEMBER
ATTORNEY
$395.00
$345.00
$445.00
$445.00
$395.00
$495.00
$245.00
$195.00
$295.00
$245.00
$195.00
$295.00
$100.00
$75.00
$125.00
AMOUNT
OWED
SUB-TOTAL: __________
Non-Attorney Guest Registration - $125.00 Per Guest
Price is per guest and includes food and social functions only.
Please register me for _____ Guest(s) x $125.00 Per Guest
GUEST TOTAL: __________
TOTAL AMOUNT DUE:
___________
Attendee Name: ______________________________________________________________________
Nickname on Badge (if different from above): _______________________________________________
Company/Organization Name:___________________________________________________________
Guest Name(s): ______________________________________________________________________
Address: ____________________________________________________________________________
Phone: ______________________ Fax: ______________________ Email: _______________________
Special/Dietary Needs: _________________________________________________________________
Save the Date:
Andrew
Hamilton Ball
Saturday,
Nov. 13, 2004
Emergency Contact Name: ________________________________ Phone: _______________________
Card Type: _____ AMEX
_____ Mastercard
_____VISA
Card Number: __________________________________________Exp. Date: _____________________
Cardholder Name: ____________________________________________________________________
PHILADELPHIA
12
Higginbotham lecturer Juan Williams (above, from left) meets with Jerry Jordan of the Philadelphia Federation of Teachers, Chancellor
Gabriel L.I. Bevilacqua, former Pennsylvania Supreme Court Justice William H. Lamb and Pennsylvania Bar Association President Michael
H. Reed. At right, new 50-Year Club member Richard A. Sprague displays the 1954 Legal Directory.
Ginsburg Essay Committee Co-Chair Kathleen D. Wilkinson presents Regina Cocco with a
plaque honoring her as the 2004 winner as Chancellor Bevilacqua looks on.
WILLIAMS
the event.
The theme of the meeting was the
50th anniversary of the U.S. Supreme
Court’s ruling in Brown v. Board of
Education. Following a brief video highlighting the Association’s May 5 program commemorating the decision,
Williams talked at length about U.S.
Supreme Court Justice Thurgood
Marhsall’s life before and after the
Brown decision.
Lawyers should be social engineers,
Williams said. “But I would hope that
you would have a sense of the larger
structure and purpose of law in this
democracy, which is to shape and serve
people. And shape and serve society in
such a way as to create a better
democracy, better quality of life and
better opportunities for all citizens.
And that is the true legacy of any
lawyer who would truly aspire to be a
social engineer,” Williams said.
“It’s not about the billable hours
and it’s not about the arguments that
are won. It’s truly about the sense that
toward the end of a career, people
would say this is a woman or a man,
this is a legal mind that stood in his or
her time for a stronger, better, more
equitable society. That would be the
greatest honor that any lawyer could
aspire to in American life,” he said.
“Today as we gather to celebrate 50
years after Brown and the careers of
people in this room, I hope that each
and every one of you will have a sense
of Thurgood Marshall’s heart beating
within your breast. You have the
opportunity to put your hands in the
muck and mire of American life at this
juncture here at the start of a new century and begin to shape what is to
come,” Williams said.
Also at the luncheon, Regina Cocco,
who will enter her third year at Temple
University Beasley School of Law, was
introduced as the winner of the Justice
Ruth Bader Ginsburg “Pursuit of
Justice” Legal Writing Competition.
Two other Temple law students, Joseph Anclien and Leslie Anne Richman,
were also recognized for finishing in
second and third place, respectively.
Quo Judkins, a second-year law student at Penn State’s Dickinson School
of Law, received the Public Interest
Section’s First Higginbotham
Fellowship. She is spending her summer working at the Center for Lesbian
and Gay Civil Rights. She received a
$4,000 fellowship.
Speaking on behalf of the newest
members of the Association’s 50-Year
Club, Richard A. Sprague talked of
changes in America over the past 100
years as he held a copy of the 1954
Quo Judkins (right) was honored by Public Interest Section Chair Karen Detamore as the winner of the inaugural Higginbotham Fellowship as Juan Williams looks on.
Legal Directory in his palm. The 2004
Legal Directory is the size of a phone
book, with more than 1,000 pages.
“Living and feeling young is a state
of mind,” Sprague said. “Do not resist
growing old, for many are denied the
privilege. The law is full of uncertainties, and that’s what makes the law
great. And it’s the uncertainties in the
law that make for great lawyers,” he
said.
The honorees for the 50-Year Club
include Jerome R. Balka, Edward B.
Bergman, Frederick Blumberg, John
Butterworth, Theodore S. Coxe, Samuel
E. Dennis, John F.A. Earley, Louis S.
Fine, Robert Freedman, John C. Garner,
Charles A.J. Halpin Jr., Nelson G. Harris,
James A. Jennings, Arnold M. Kessler,
Judge William A. King Jr., Martin Kreithen, Paula R. Markowitz, Daniel I. Murphy, Jack M. Myers, Ronald B. Myrter,
Stephen B. Narin, Judge Thomas N.
O’Neill Jr., Weston C. Overholt, Richard
B. Pearl, Irwin Edward Robinson, Joseph W. Salus, Judge Peter B. Scuderi,
Arthur R.G. Solmssen, Richard A. Sprague, Robert J. Thompson and Domenick Vitullo.
The 65-Year Club honorees include
Samuel B. Blaskey, Robert A. Detweiler,
Pauline H. Herd, Herman B. Poul and
Hanley Rubinsohn.
Williams is the author of the new
book My Soul Looks Back in Wonder, an
account and anecdotal look at the
Brown v. Board of Education ruling.
Additionally, Williams is the author of
the critically acclaimed biography,
Thurgood Marshall - American Revolutionary, which was released in paperback in February 2000. He is also the
author of the nonfiction bestseller Eyes
on the Prize: America’s Civil Rights Years,
1954-1965.
During his 21-year career at The
Washington Post, Williams served as an
editorial writer, op-ed columnist and
White House reporter. He won an
Emmy award for TV documentary
writing and won widespread critical
acclaim for a series of documentaries
including “Politics - The New Black
Power.” His articles have appeared in
Newsweek, Fortune, The Atlantic Monthly,
Ebony, GQ and The New Republic.
Williams continues to be a contributing political analyst for the Fox
News Channel and a regular panelist
on “Fox News Sunday.”
The Higginbotham lecture was
inaugurated by the Public Interest
Section to honor the memory of the
late Third Circuit Court of Appeals
Chief Judge A. Leon Higginbotham Jr.
Previous Higginbotham lecturers
are Marian Wright Edelman, Professor
Charles J. Ogletree, Congressman
Chaka Fattah, ABA President Dennis W.
Archer and Dr. Cornel W. West.
PHILADELPHIA
13
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PHILADELPHIA
14
Summer No Time to Rest for Bar Foundation
BAR FOUNDATION
by Edward F. Chacker
There’s an old song that starts out,
“Summer time, and the living is
easy….”
Even with our state and federal
courts providing us case management
systems and judges working to resolve
clients’ disputes as efficiently as possible, life sure seems busy sometimes. In
fact, hardly any of us really gets to ease
into summer mode anymore. The same
has to be true for our Philadelphia Bar
Foundation. Equal access to justice
cannot ever go on a holiday. And let
me tell you why.
Recently, 100 Philadelphians, all in
their 70s and 80s, received notice that
they were being terminated from their
adult day care services. These people
had hoped to be able to stay at home
with their families, instead of being
forced into a nursing home. One of our
grantees, Philadelphia VIP, recruited
and trained volunteer attorneys to represent these elderly clients. In each
case, VIP attorneys were successful,
allowing their clients to preserve the
dignity that their years deserve.
You can count on me to tell you
why you need to support our
Access to Justice Campaign Law Firm Liaisons
Arthur Makadon, Ballard Spahr
Andrews & Ingersoll, LLP; Scott F.
Cooper, Blank Rome LLP;
Stephen C. Braverman,
Buchanan Ingersoll PC; Elaine M.
Rinaldi, Cozen O’Connor; Amy B.
Ginensky, Dechert LLP; Cateria
R. McCabe, Dessen Moses and
Sheinoff; Merritt A. Cole and
Joseph H. Jacovini, Dilworth
Paxson LLP; MaryCatherine
Roper, Drinker Biddle & Reath LLP;
Jane L. Dalton, Duane Morris LLP;
Albert G. Bixler, Eckert Seamans
Cherin & Mellott, LLC; Louis W.
Fryman, Fox Rothschild LLP;
Philadelphia Bar Foundation in this
column every month. I also look forward to telling you how.
In the past month, we have held
numerous fund-raising events. For the
second year in a row, we held our
Philadelphia Bar Foundation Golf
Classic at the Philadelphia Cricket Club,
playing both courses. I spared the
course my stroke, but enjoyed a wonderful dinner and cigars. We raised
more than $100,000 this year. Over the
past five years, this event has raised
nearly $400,000.
We also completed our 2nd Annual
Access to Justice Membership Drive.
Under the Membership Drive, we welcome new members to our Bar
Foundation through a contribution of
at least $100. More than 550 lawyers
responded to our invitation, raising
more than $58,000. At triumphant
moments like these, I must thank the
individuals that drive our success.
Robert S. Grossman, Greenberg
Traurig, LLP; John S. Summers,
Hangley Aronchick Segal & Pudlin;
Madeline M. Sherry, Hecker
Brown Sherry and Johnson LLP; Carl
S. Primavera, Klehr, Harrison,
Harvey, Branzburg & Ellers LLP;
Mark N. Cohen, Margolis
Edelstein; Peter S. Miller,
Marshall, Dennehey, Warner,
Coleman & Goggin; Alec Kerr,
McCarter & English, LLP; Leonard
A. Busby, Montgomery, McCracken,
Walker & Rhoads, LLP; Robert D.
Lane Jr., Morgan, Lewis & Bockius
LLP; Robert I. Whitelaw,
More than 32 firms offered “Access to
Justice Liaisons,” who led recruiting
efforts internally. You’ll see their names
listed above.
Your next opportunity to contribute
is the Andrew Hamilton Ball on Nov.
13 at the Park Hyatt Philadelphia at the
Bellevue. Co-chairs Alec and Marne
Kerr and Alex Giacobetti and Terri
Italiano are hard at work. They
promise a very special evening, one
not to be missed. I look forward to
seeing you at the Ball, when we pre-
Obermayer Rebmann Maxwell &
Hippel LLP; Andrew R. Rogoff,
Pepper Hamilton, LLP; John H.
McCarthy, Rawle & Henderson
LLP; Ira S. Lefton, Reed Smith LLP;
Gabriel L.I. Bevilacqua, Saul
Ewing LLP; Nancy Winkelman,
Schnader Harrison Segal & Lewis
LLP; Richard N. Weiner, Stradley
Ronon Stevens & Young, LLP; David
E. Sternberg, Wapner, Newman,
Wigrizer & Brecher; James J.
Donohue, White and Williams LLP;
Colleen F. Coonelly, WolfBlock;
and Barbara L. Mullin,
Woodcock Washburn LLP.
sent the 2nd Annual Citizens Pro Bono
Award.
Now then, enjoy the start of summer. Live as easy as possible, but
remember, we are here, working. You
can contact Maureen Mingey at the Bar
Foundation by calling (215) 238-6334 or
call me at (215) 567-7955, or visit
www.philadelphiabar.org and click on
the box that says “Philadelphia Bar
Foundation.”
Edward F. Chacker is president of the Philadelphia Bar
Foundation.
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PHILADELPHIA
15
The Nominating Committee
of the Philadelphia Bar Association has been formed. Committee members are Audrey C.
Talley (Chair), Jeffrey L. Abrams, Daniel-Paul Alva, Keith
E. Armstrong, Gabriel L.I. Bevilacqua, David S. Blum, Andrew A. Chirls, Lenard A. Cohen, Karen L. Detamore, Alan
M. Feldman, Barbara W. Freedman, Rudolph Garcia, Sidney
L. Gold, Allan H. Gordon, David B. Harwi, Kim R. Jessum,
Marsha L. Levick, George H.
Newman, Rebecca Rosenberger-Smolen, David J. Steerman,
Mark W. Tanner and Raymond
K. Walheim. Association Secretary Sayde Joy Ladov serves
as a non-voting member of
the committee.
The committee has scheduled its meetings for Tuesday,
Sept. 7 at 12 p.m.; Tuesday, Oct.
12 at 4 p.m. and Wednesday,
Oct. 13 at 4 p.m.
Offices for which candidates are being solicited are
vice chancellor, secretary, assistant secretary, treasurer, assistant treasurer, and five seats
on the Board of Governors,
three of which are to be nominated by the Nominating
Committee. Each Board seat
carries a three-year term.
Individuals who wish to be
considered for any of the
above offices should submit a
resume of their background
and indicate the position for
which they wish to run.
Materials should be submitted to the Chair of the
Nominating Committee,
Audrey C. Talley, c/o Susan
Schrenk, Philadelphia Bar
Association, 1101 Market St.,
11th Floor, Philadelphia, Pa.
19107-2911, no later than 5
p.m., Thursday, Oct. 7.
Bar Association Night at the Phillies
Photo by Jeff Lyons
Nominating Committee Formed
More than 250 Association members, their families and friends turned out for Bar Association Night at the
Phillies at Citizens Bank Park on June 30. Among the attendees were (from left) Joseph A. Prim Jr., Lisa L.
Getson, Board of Governors Chair Ronald A. Kovler, Jeffrey M. Lindy and Chancellor-Elect Andrew A. Chirls.
Afghani Delights at Old City’s Kabul, Ariana
Kabul
106 Chestnut St.
Old City
(215) 922-3676
FEASTS TO FAMINE
Ariana
134 Chestnut St.
Old City
(215) 922-1535
by Skinny D. Bockol
Land-locked Afghanistan is surrounded by Pakistan, Iran, Turkmenistan and Tajikistan. The country has
emerged into rubble from unending
wars and fundamentalist forlorn blight.
The nation’s new president, Hamid
Karzai, recently spoke to a joint session
of Congress where he was honored.
He’ll be celebrating the Fourth of July
in Philadelphia (Hightaxestan).
President Karzai would delight in
the “home-cooking” delicacies at both
Kabul and Ariana.
Kabul is celebrating its 14th birthday this summer. Ariana (the ancient
name for the kingdom) opened in November 2000 when Kabul’s partners
split.
Both restaurants are inelegant, with
minor variations in décor. Kabul is
decidedly dim, candle-lit by red glassdomed lamps; Ariana is cheery, brightened by less recessed lighting and
lime-green walls. Each restaurant has
Afghan pocketbooks, hats, dresses,
tunics, blouses and a picture or two
hanging from side walls. Kabul is wide
with a mural of camels at its far end.
Ariana is narrow with a dining nest in
its front bay window for patrons who
like to eat on a platform with their legs
crossed underneath them. Brass ornaments, oriental rugs and pillows are
omnipresent at both eateries.
I’ve never met anyone who prefers
the cooking at either place over the
other and can explain why coherently.
The appetizers, side dishes, main dishes, drinks and desserts are virtually
identical. Service at both is courteous,
careful and pleasant. The spices used
are concurrent; the amount of time (10
hours or more) for marinating chunks
of lamb, chicken or ground beef are on
all fours. Both restaurants often offer
the same style “20 percent off coupon”
on respective Web sites. Both are BYOB.
Both are inexpensively but complacently excellent.
Each might and should try to make
a more singular mark upon your
inquisitive palate. Consistency and
dependability obviously bring patrons
with clearly defined expectations. The
best is that you’ll never be culinarily
disappointed at either; the worst is that
you won’t be soundly, serendipitously
seduced to return to either. Frankly,
sometimes you’ll walk into one thinking you’re in the other. Ergo, the need
for coupons.
You’re not working too hard if you
see “palaw” on the menu. It has nothing to do with jurisdiction or choice of
laws. Palaw advises that your platter
shall be loaded with brown-colored
(usually with cumin and cinnamon)
white rice. Chalaw, on the other hand,
portends the arrival of bountiful al
dente basmati rice, perfectly pampered.
Never miss “buranee” ($2.75) eggplant (badenjan) or pumpkin (kadu).
The vegetables are sautéed to an
opaque cake, just about caramelized,
and topped with ground meat sauce
and mouth-puckering yogurt. The
“pumpkin” (in the summer) is actually
butternut squash, but the herbs have
deepened its look and feel to mimicry.
The eggplant is almost roseate, gently
numinous on the tongue.
Always order aashak ($2.95) for
steamed scallion-engorged dumplings
proudly wearing meat sauce, yogurt
and sprinkles of mint. The slippery
skins heatedly skip in a split second
across your mouth as if the scallions
were late for court. “Combinations” of
these appetizers, including “sambosa”
(chick peas and potato), or “bulanee”
(potato and onion turnover) can be
ordered for the table, most economically.
Don’t forget the hot and sour aehar
pickles called turshie ($2.75). Mixed
bits of carrots, cabbage, cauliflower and
pickles cause your salivary glands to
silently scream. Please never forget the
old Afghan adage: “Never let anyone
but your spouse bite your turshie.”
Main dishes revolve around
“kababs,” saffron infused rice, toppings
of crushed almonds, pistachios, carrot
strips and candied orange zest soaked
in rosewater, tomatoes, lentils, garlic
and vegetables redolent of Afghan
spices. Nothing is heatedly peppery or
chili-hot.
I succumb to the lamb-cubed
entrées whose meat is rendered delicate by immured marination. Covered
lamb, at the bottom of rice (norenge,
$12.25), or accompanied by green
beans (facilliya $10.75), the morsels
and/or chops are succulent to a fault.
There is an unexpected slight kick of
an aftertaste that is memorable, but
subtle. Chicken chunks or oblong meat
patties are interchangeable, for the
sheepish.
Wipe the plate clean with golden
slices of premises-prepared Afghan
bread.
Finalize with firnee ($2.50), a snow
white vanilla pudding, firm, chilled to
turgidity, and spiked with pistachios
and almonds. It’s a most happy ending
with Afghan green tea laced with lime
and cardamom.
These two authentically oriented
special restaurants have to stop watching each other, emulating each other
and colliding with coinciding cuisine
concoctions. There must be more than
one way to knit an Afghan… meal.
NAUSHÉ JAAN KUNEETH
Richard Max Bockol, a sole practitioner, is an advisory
editor to the Philadelphia Bar Reporter.
PHILADELPHIA
16
Judge’s Portrait Unveiled
Retired Philadelphia Court of Common Pleas Judge William M. Marutani
and his wife Victoria (left photo) acknowledge the audience after a portrait
in honor of the judge was unveiled at City Hall on June 7. Joseph J. Centeno,
president of the Asian American Bar Association of the Delaware Valley
(AABADV) looks on. Chancellor Gabriel L.I. Bevilacqua (above from left)
meets with Marutani Fellowship winner Kimberly Ai-Hua Huangfu, Judge
Marutani and Alisa M. Shin, immediate-past president of the AABDV.
Speakers at the event included Chancellor Bevilacqua, Mayor John F.
Street, Common Pleas Court President Judge Frederica A. MassiahJackson, Common Pleas Court Judge Ida K. Chen, U.S. Magistrate Judge
Marilyn Dolan Go, Pennsylvania Bar Association President Michael H. Reed
and Japanese American Citizens League Eastern District Governor Paul
Uyehara.
Bar-News Media Committee
Panel Debates Media Coverage of Feminism
The basic issues of gender discrimination have not always been taken seriously in the media, according to panelists at the Bar-News Media Committee’s May 26 seminar on Gender Journalism™ and the media’s coverage of
the women’s movement.
Panelists for the program “Unreliable Sources? Gender Journalism™ From Betty Friedan to Martha Stewart”
included Patricia Bradley, Ph.D., chair,
Department of Journalism, Public
Relations and Advertising at Temple
University’s School of Communications
and Theater; Bobbi Booker, lifestyle reporter for The Philadelphia Tribune; Emilie
Lounsberry, reporter for The Philadelphia
Inquirer; Jill Porter, columnist for the
Philadelphia Daily News; Monica Yant
Kinney, columnist for The Philadelphia
Inquirer and attorney Arline Jolles
Lotman, chair of the Bar-News Media
Committee. The panel was moderated
by Wally Kennedy, host of 6ABC’s
“Sunday Live” and “Inside Story.”
“Any woman in this room probably
owes her job to the second wave of
feminism in the 1970s. In the mass
media, feminists are viewed as wildeyed radicals and man haters. Even the
most modest reforms are viewed as
Photo by Jeff Lyons
by Jeff Lyons
Panelists for the May 26 discussion on Gender Journalism™ included (seated, from left)
Wally Kennedy, who moderated the discussion, and Prof. Patricia Bradley as well as (top
row, from left) Monica Yant Kinney, Jill Porter, Bobbi Booker, Committee Chair Arline Jolles
Lotman and Emilie Lounsberry.
very leftist,” Bradley told the capacity
crowd.
Lounsberry said the media has improved its coverage of women’s issues.
“As more and more women have entered journalism, we’ve made great advances in the coverage of women.”
Lounsberry and Kinney said they
were both bothered by the way the
media portrayed Martha Stewart during her trial.
“I found it offensive that she was
referred to as a ‘domestic diva,’ “ said
Lounsberry.
“The media wouldn’t have treated a
man the same way they treated Martha
Stewart. Men are threatened by her
business acumen and women get aggravated by her activities. Who has the
time to do what she does and raise a
family and work?” asked Kinney.
Another media victim, according to
Booker, is Janet Jackson. “Janet Jackson
has been shunned as a result of the
Super Bowl incident,” she said, referring to the halftime performance where
part of the entertainer’s costume came
off, revealing her breast. “It’s been an
all-out effort to destroy the character of
a person who’s been in the music
industry for 30 years,” she said.
Booker said black women don’t
embrace feminism for a variety of reasons but added that they are feminist
by nature.
Lotman charged that the media has
never viewed the women’s movement
as a civil rights issue.
Kinney added that although the top
two editors at her paper are women,
she doesn’t think it makes her work
there any easier. “The path to greatness
in journalism is pretty masculine. You
have to have covered politics or gone
overseas to cover a war. There are still
very traditional aspects of the profession you need checkmarks by in order
to advance,” she said.
Porter, the first woman columnist at
the Daily News, said she was a beneficiary of feminism. “There was a contest
among the female staffers to see who
got that first column. After I got it, they
put me in an office with five male columnists and I got ‘the treatment.’ It was
a lot of sexist comments and that kind
of thing,” she said. But she has persevered, writing her column since the
1970s.
Porter said with the declining news
staffs and smaller news holes, it’s almost a luxury to write about women’s
issues.
Send Us Your News, Views, Photos for Publication
The Philadelphia Bar Reporter welcomes law-related submissions for
publication. Articles relating to a specific practice area, commentary, book
reviews and letters to the editors are
welcome. Letters must be signed to
verify authorship, but names will be
withheld upon request.
Editors reserve the right to condense for clarity, style and space con-
siderations.
Articles and/or requests for publication may be mailed, faxed or emailed and should be directed to: Jeff
Lyons, Managing Editor, Philadelphia
Bar Reporter, Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. Phone: (215)
238-6345. Fax: (215) 238-1267. E-mail:
reporter@philabar.org.
PHILADELPHIA
17
Career Corner
Strong Job Market Looking Even Stronger
by James LaRosa and Gary Mintz
Career Questions?
Question: What is the job
market like in Philadelphia?
What practice areas are hiring? What’s hot and what’s
not?
Answer: The legal job market in
Philadelphia is on solid ground. From
recent trends it appears to be strong
and getting stronger. Even during the
recession, areas like litigation and
bankruptcy were quite elastic and remained strong, with bankruptcy being
a particularly strong area.
Practically every firm in the city that
had a bankruptcy practice was looking
to hire bankruptcy attorneys. Although
the demand for bankruptcy attorneys
is not as high as it was a couple of
years ago, it is still in demand.
Litigation is still a strong area. One
area in litigation that is particularly hot
is securities litigation, both on the
plaintiff and the defense side. With Enron, Global Crossing and the numerous
other securities scandals, firms are
beefing up their securities litigation
groups to defend and sue these companies. Of particular need for these
firms are attorneys with strong financial and tax backgrounds. Although it’s
generally difficult to switch practice
areas, securities litigation is one area
where firms appear to be somewhat
receptive to the switch. Firms are particularly interested in speaking with
candidates who know how to read and
understand a financial statement and
other complex financial documents.
Another hot area is mass/toxic tort,
including pharmaceutical litigation.
Philadelphia is a very popular jurisdiction for mass tort filings. It seems as if
almost every year there is a new litigation involving the drug industry. Firms
are particularly interested in speaking
with attorneys that have medical,
chemical or biology backgrounds for
their mass tort groups. Attorneys with
any type of pharmaceutical background are also in high demand.
General commercial litigation, insurance coverage, insurance defense
and white-collar crime/fraud are
strong and getting stronger. Labor and
employment, including ERISA, which
had been hot for some time, has become even more active in the past few
months.
Litigation-related practice areas are
not the only hot areas in Philadelphia.
We are finally beginning to see an increase in areas that had been almost
non-existent in recent years. It was not
too long ago when some Philadelphia
firms laid off transactional attorneys,
often in the merger and acquisition
area. These layoffs were not unique to
Philadelphia as firms in Boston, New
York and much of the West Coast were
also experiencing a significant slowdown in the deals coming through
their offices. Since the beginning of the
year, however, we have heard from
clients and candidates that corporate
work has been increasing. The increased workflow has been steady
Dawson
Engineering
enough to cause several Philadelphia
firms to actively look for and hire corporate and securities transactional
attorneys.
Question: What is the proper
etiquette for a lunch interview? Should I ever offer to
pay for the lunch?
Answer: Lunch interviews are
common among large firms and are
becoming popular among mid-size
and even small firms. A lunch interview is an excellent way for firms to
see how a candidate interacts in a social setting. Many times these interviews also will include associates from
the group with whom you are interviewing.
A candidate is not expected to offer
to pay for lunch. Simply express your
gratitude and let your hosts know that
you enjoyed the meal.
As far as proper etiquette, it’s mostly
James LaRosa, Esq. and Gary Mintz, Esq. are recruiters
with JuriStaff, Inc., the exclusively endorsed legal staffing
agency of the Philadelphia Bar Association. LaRosa can
be reached at (215) 751-9100, extension 302 or via email at jlarosa@juristaff.com; Mintz can be reached at
(215) 751-9100, extension 315 or via e-mail at
gmintz@juristaff.com.
SLS Consulting, LLC
Sandra L. Seidel, Certified Consultant/Trainer
418 Cedar Hill Road, Birdsboro, PA 19508
Providing law firms with the tools, training and resources
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Join your Section’s or Committee’s List Serve
to stay in touch and keep up to date on the
latest Bar events. Visit www.philadelphiabar.org
for more information.
Send your career questions to James
LaRosa at JuriStaff, Inc., at
jlarosa@juristaff.com or call JuriStaff at
(215) 751-9100. You can also send your
questions to reporter@philabar.org
common sense. Good table manners
and polite conversation are essential.
But there are some gray areas. One
common area of confusion is whether
to order an alcoholic beverage, particularly if the partner with whom you are
interviewing has ordered a drink. During a lunch interview you should abstain from drinking alcohol, even if the
partner is drinking. If, however, the interview is at dinner, then it is acceptable to order an alcoholic beverage.
Another tricky area is the menu.
Obviously you want to order something that won’t create a mess, so you
may want to avoid ribs or lobster. As
far as price, try to order somewhere in
the middle of the road. Don’t order the
most expensive item on the menu. As
far as appetizers are concerned, follow
the lead of the others at your table. If
everyone else is getting appetizers, feel
free to order one. Otherwise just enjoy
the meal, use basic common sense and
you’ll be fine.
SLS CONSULTING
For more information, call: 610-404-4192 or 1-800-498-3318
Visit our web site at www.slsconsulting.com
Email: sandra@slsconsulting.com
PHILADELPHIA
18
Filmmaker Piles On Pounds for Documentary
by Marc W. Reuben
“Super Size Me” is a mirthful documentary from Morgan Spurlock who is
not only the subject of the film, but a
person who placed himself on a strict
diet of McDonald’s food for 30 days.
While the object of the film was to
show the dangers of fast food and how
the nation has addicted itself to the
stuff, the manner in which this young
filmmaker provided material for the
audience was refreshing.
Spurlock is a young man who
appears not to be an attorney. He
wanted to show how a constant diet of
fast food can ruin a human body. He
noted the lawsuits already pending
against fast food chains, although he
limited himself to eating from only one
of them. He consulted heart doctors,
internists and hematologists, as well as
nutritionists and exercise specialists. He
was in good shape prior to the film,
with very little body fat and good
muscle tone. For this film he followed
the regimen of the average American.
He gained 35 pounds in one month.
As I watched this film unfold, I was
struck by the fact that lawyers were
interviewed on the subject of fast food
addiction and the lawsuits pending at
the time. So far as I know, these lawsuits have since been dismissed and
our Congress, ever protective of the
public, has banned such suits in the
future. I was not as impressed by what
the lawyers had to say as I was by how
Spurlock documented the infiltration
of junk food into schools and how the
industry pitches garbage to children.
It may be constitutionally permissi-
ARTS & MEDIA
ble to pitch junk food to kids. It’s been
done for generations on radio and television. But the negotiation of exclusive
contracts between money-starved
school systems and junk food conglomerates has resulted in the subjection of children to excessively
unhealthy diets at cafeterias and vending areas throughout the nation.
Spurlock notes that the school for
problem children that did not join the
junk food distribution. Healthy diets
were provided and the children’s
behavior turned more quiet and studious as their diet was altered.
Moreover, there is the experience of
the juvenile court judge from Ohio
who, some years ago, began sentencing
juvenile offenders to time without
chocolate or sugars. She was able to
report an almost total reversal in
hyperactive behavior among those
children. This last episode was not covered in the film, but was reported on
“60 Minutes.”
I do not subscribe to the notion that
junk food should be banned. Or even
that people should be permitted to eat
themselves to death, if they are stupid
enough to do so. The lawsuits brought
forth against fast food chains on behalf
of overweight children could not succeed because the court would not permit the fast food chains to take blame
for a problem that most certainly is
caused not only by excessive exposure
to bad nutrition, but other factors.
Parents who do not note their kids
becoming behemoths, who cannot say
“no” to a child, have much to answer
for. Kids who think it’s cool to eat daily
at the junk food stand need parental
supervision more than they need a
lawyer.
The fact is, however, that it is
impossible in this age to keep constant
attention focused on children, as they
are exposed to pandering barrages of
advertising by fast food companies.
The service performed by this film is to
show us the extent to which the food
conglomerates push notions of gluttony on children. It’s not illegal to do
this. But the film does provide parents
with a wake-up call regarding their
children’s health.
Spurlock gained 35 pounds in one
month. Other people in the film had
their stomachs stapled on camera as a
sign they could not control themselves
enough to resist overeating. While we
are a nation of increasingly fat and
lazy people (I would also add incurious
to that list), the fact is that in a more
decent and fit society, the kind of nonsense seen in this film would be
viewed as exactly that. The fact that
this kind of film would have been
laughed at 40 years ago is the measure
of how lazy the people of this nation
have allowed themselves to become.
The factor that this fine young filmmaker did not really touch was the
pocketbook. Very poor people tend to
be the fattest in general. Their diets are
restricted by finances, for whatever
reason and the explosion of tubbies in
poor areas is shocking. More so
because it appears a poor diet results
in unhealthy levels of obesity and diabetic problems and these are directly
related to the intake of less healthy
foods. Likewise, kids who have far too
much money in their pockets tend to
drift to the burger stand.
The effect of marketing good,
affordable food to the public has not
yet been felt. Lawsuits against burger
chains will not end the obese epidemic
because the reasons for increasingly
obese kids are varied. There is ample
evidence (witness the film – and you
Photos by Mark A. Tarasiewicz
DLSC Honored by Pa. Bar
Pennsylvania Bar Association Pro Bono Coordinator David Keller Trevaskis (center)
presents Philadelphia Bar Association Delivery of Legal Services Committee cochairs Joseph A. Sullivan and Catherine C. Carr the Pennsylvania Bar’s 2004 Pro Bono
Award honoring the DLSC. The award, announced at the PBA Annual Meeting in
Hershey on May 13, was formally presented to the DLSC at its June 2 meeting.
PHILADELPHIA
19
Sam Dash (1925-2004)
Editor’s Note: Sam Dash, former chief
counsel for the Senate Watergate Committee
whose probe led to the resignation of President
Richard M. Nixon, died May 29. He was 79.
A native of Camden, N.J., Dash was an Air
Force officer in World War II, and was a graduate of Harvard Law School. At 30, Dash
became a district attorney in Philadelphia, but
later turned to private law practice. In the
1970s, he helped Supreme Court Chief Justice
Warren Burger in devising the American Bar
Association's ethical standards for prosecutors
and criminal defense lawyers.
by Jerome E. Bogutz
There was a time, many years ago,
when the Commonwealth of Pennsylvania felt that the practice of law required more than a willingness to study
law. Sponsorship by a practicing Pennsylvania attorney to study law followed
by an internship after sitting for the
bar exam were prerequisites to being
admitted to practice. That person became your preceptor in the process
called a preceptorship.
Through a very extraordinary set of
circumstances I was fortunate - no
lucky - to meet and have Sam Dash
agree to act as my preceptor. After
completing my clerkship in his office, I
continued to work in his law firm,
Dash and Levy.
Two similar, but very different, men,
Sam Dash and Abraham J. (Brem) Levy,
practiced criminal law with dedication,
intensity and thoroughness that I
quickly learned was well beyond the
norm. While so engaged there was never a hint that any professional or ethical principals could ever be compromised, including accepting unpopular
clients at the expense of compromising
future ambitions.
Although there were numerous
matters that had lasting effects on my
approach to the practice of law and life
during the time I spent at Dash and
Levy, one case stands out. Almost immediately after I graduated from law
school, Dash and Levy accepted representation of one of Philadelphia’s longest and highest profile cases, commonly referred to as, “The Teamster 107
Case.” As the young associate in their
firm I played a minor role in that case
and was able to observe and learn.
Conflict issues were promptly dealt
with and a significant part of the Philadelphia criminal bar became part of
the defense panel representing defendants in that conspiracy case. The thoroughness with which Sam and Brem
approached the representation was
easily contrasted with other and more
customary criminal representation.
Brem meticulously maintained and
referenced a personal criminal case
Photo courtesy Georgetown University Law Center
A Life of Giving Back to the Justice System
Sam Dash
library effortlessly. The much younger
Sam reached beyond case law to legislative history and intent in preparation for representation. Their balanced
approach addressed all aspects of the
case. Daily notes of testimony were ancontinued on page 21
$7.50.
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.
Thursday, July 1
Environmental Law Committee – meeting, noon, 11th floor Conference Center. Lunch: $7.50.
Civil Rights Committee – meeting, 12:15 p.m., 11th floor Committee Room South.
Alternative Dispute Resolution Committee – meeting, 12:15 p.m., 10th floor Board Room.
Lunch: $7.50.
Philadelphia Bar Reporter Editorial Board – meeting, 12:30 p.m., 10th floor Cabinet Room.
Monday, July 5
Independence Day celebrated – Bar Association offices closed.
Tuesday, July 6
Philadelphia Bar Foundation Board of Trustees – meeting, noon, 10th floor Board Room.
Elder Law Committee – meeting, noon, 11th floor Committee Room South.
Wednesday, July 7
Delivery of Legal Services Committee – meeting, 8:30 a.m., 10th floor Board Room.
Thursday, July 8
Legislative Liaison Committee – meeting, 12:30 p.m., 11th floor Committee Room South.
Committee on the Legal Rights of Lesbians and Gay Men – meeting, 12:30 p.m., 11th floor
Committee Room.
Friday, July 9
Law School Outreach – noon, 11th floor Committee Room South.
Women’s Rights Committee – meeting, 12:15 p.m., 10th floor Board Room. Lunch: $7.50.
Sunday, July 11
American Cancer Society Bike-a-Thon – 6:30 a.m., 6th and Race streets. Information:
www.acsbike.org
Monday, July 12
Family Law Section – meeting, 4 p.m., 10th floor Board Room.
Tuesday, July 13
Criminal Justice Section Executive Committee – meeting, noon, 10th floor Board Room.
Wednesday, July 14
State Civil Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50.
Thursday, July 15
Women in the Profession Committee – meeting, noon, 11th floor Conference Center. Lunch:
Friday, July 16
Social Security and Disability Benefits Committee – meeting, noon, 11th floor Conference
Center. Lunch: $7.50.
Philadelphia Lawyer magazine Editorial Board – meeting, 12:30 p.m., 10th floor Board
Room.
Monday, July 19
Business Law Section Executive Committee – meeting, noon, 10th floor Board Room.
Tuesday, July 20
Cabinet – meeting, noon, 10th floor Board Room.
Law School Outreach – 4 p.m., 11th floor Committee Room South.
Wednesday, July 21
Workers’ Compensation Section Executive Committee – meeting, 10:30 a.m., 11th floor
Committee Room.
Workers’ Compensation Section – meeting, noon, 11th floor Conference Center. Lunch: $7.50.
Federal Courts Committee – meeting, 12:30 p.m., 10th floor Board Room. Lunch: $7.50.
Committee on Racial and Gender Bias in the Justice System – meeting, 12:30 p.m., 11th
floor Committee Room. Lunch: $7.50.
LegalLine – 5 p.m., 11th floor LRIS Offices.
Thursday, July 22
Lawyer Referral and Information Service Committee – meeting, noon, 11th floor Committee
Room.
Friday, July 23
Human Resources Committee – meeting, 8:30 a.m., 10th floor Board Room.
Tuesday, July 27
Young Lawyers Division Executive Committee – meeting, noon, 10th floor Board Room.
Criminal Justice Section – meeting, noon, 11th floor Conference Center. Lunch: $7.50.
Wednesday, July 28
Committee on the Legal Rights of Persons with Disabilities – meeting, 12:30 p.m., 11th floor
Committee Room.
Thursday, July 29
Board of Governors – meeting, 4 p.m., 10th floor Board Room.
Friday, July 30
Unless otherwise specified, all checks for luncheons and programs should be made payable to the Philadelphia Bar
Association and mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2911. Send Bar
Association-related calendar items 30 days in advance to Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar
Association, 1101 Market St., Philadelphia, Pa. 19107-2911. Fax: (215) 238-1267. E-mail: reporter@philabar.org.
PHILADELPHIA
20
ARTS & MEDIA
VIP Summer Associates Day
should) to show that fast food is a
major cause of deteriorating health
among Americans. But there are also
environmental factors, not to mention
genetics, that add to the weight problem in the Great Democracy.
As always, the issue of self control
and personal responsibility play a large
part in this modern problem. Until parents and adults manage to act responsibly and take charge of themselves
and their children and their eating
habits, lawyers and filmmakers can
only suggest there is a scheme afoot to
poison Americans for the sake of
increased corporate earnings.
Spurlock’s mirthful documentary
was pleasant to watch because it does
not treat the dangers caused by corporate greed and deceit in the fast food
industry any more seriously than does
the Congress.
Marc W. Reuben, an advisory editor for the Philadelphia
Bar Reporter, is a sole practitioner who has been writing
about the arts since 1973.
SAM DASH
Photo by Jeff Lyons
JULY CLE COURSES
July 6
Theater Skills in the Courtroom • The CLE Conf. Center
July 9
Solving Drivers Licensing Problems
The CLE Conference Center
July 13
Asset Protection Planning for the Less Wealthy Client
July 14
Commercial Document Series 2004 — Shareholder
Agreements • The CLE Conference Center
Birth Trauma Medical Malpractice
alyzed each morning before trial (no
easy feat before practical copy machines, let alone computers and other
modern technology). Continual legal
research was his norm, which invariably confirmed exactly what he said it
would reveal. The result was a complete and thorough defense in a case of
national significance, one that was prosecuted in that fashion and nationally
monitored.
I learned a great deal from Sam, not
only about being a lawyer, but also about giving back to the justice system.
Coming from humble beginnings, he
showed the importance of not forgetting who you are and why you are
what you are.
He had a short career as Philadelphia’s youngest district attorney and in
the private practice of law. But, in those
portions of his brilliant career he stood
for all those attributes we like to attribute to the legal profession and to
being “Philadelphia lawyers.”
Through the years, because of our
activities with the American Bar
Association, Helene and I were able to
maintain contact and a friendship with
Sam and his loving wife, Sarah. They
were a team in all he did.
None of his accomplishments ever
seemed to go to his head. He remained
faithful to his heritage, faith and origins. He was a good person to be with
and a friend.
He served our profession, our country and each of us as few ever have. We
will miss him but never forget him.
Jerome E. Bogutz, a former Chancellor of the Philadelphia
Bar Association, is a partner at Christie Pabarue
Mortensen and Young, P.C.
More than 150 law students gathered at
Philadelphia Volunteers for the Indigent
Program’s annual Summer Associates Day
on June 7 at the PBI-PBEC. The students
attended seminars on consumer assistance, elderly assistance, home ownership
and LawWorks. Following the seminars,
summer associates had the opportunity to
meet judges, like this group having lunch
with Philadelphia Court of Common Pleas
Judge Denis P. Cohen.
July 15
PA Sales and Use Tax for Business Lawyers
July 20
MED MAL Mediation...and Arbitration
Advanced Concepts in Construction Delay & Disruption
Disputes • The CLE Conference Center
July 21
Commercial Document Series 2004 — Technology
Licensing Agreements • The CLE Conference Center
The CLE
Conference Center
Wanamaker Building
10th Floor, Suite 1010
Philadelphia Bar
Association
11 th Floor
Conference Center
1101 Market St.
HIPAA for Civil Litigators • The CLE Conference Center
The New Overtime Regs — They’re Finally Here!
July 22
Professor Ohlbaum on Trial Evidence in Pennsylvania
July 27
How to Prepare the Pennsylvania Inheritance Tax Return
Openings and The Movies • Philadelphia Bar Association
July 28
Commercial Document Series 2004 — Acquisition
Agreements • The CLE Conference Center
Our Faces and Affect — How They Impact Trials,
Negotiations and Our Careers • The CLE Conference Center
July 29
Successful and Strategic First and Fourth Amendment
Litigation • The CLE Conference Center
Call PBI Customer Service at 1-800-247-4724
to register for a course or for more information.
Register on the Internet at www.pbi.org
The Pennsylvania Bar Intitiute is an accredited CLE provider.
PHILADELPHIA
21
PEOPLE
Judge Myrna P. Field, administrative judge for the Family Division of
the Philadelphia Court of Common
Pleas, has been named as the recipient
of the National Child Support Enforcement Association’s 2004 Judge of the
Year Award. The award will be presented at the Association’s annual conference in August.
Woodcock Washburn LLP, moderated
the panel “Legal Issues for Nanotechnology” at the Pennsylvania Nanotechnology Conference on May 26. He
was also the featured speaker at the
Joseph Priestly Society of the Chemical
Heritage Foundation symposium on
May 13.
Janet S. Kole, a
shareholder with
Flaster/Greenberg
P.C., has been elected treasurer of
Society Hill
Synagogue in
Philadelphia.
Jeffrey M.
Lindy, a sole practitioner, has been
elected to the Board
of Directors of the
American Civil
Liberties Union –
Greater Philadelphia Chapter.
Alfred J. Carlson, a partner with
Martin, Banks, Pond, Lehocky and
Wilson, was a featured speaker at the
Pennsylvania Bar Institute seminar
“Handling the Workers’ Comp Case” on
June 16.
Gregory B.
Williams, a partner at Fox Rothschild LLP, was the
course planner and
a faculty member
for the Pennsylvania Bar Institute
seminar “Litigating
Commercial Cases in the 21st Century”
on May 10.
Cynthia E. White, chief deputy city
solicitor for the City of Philadelphia,
has been named president of the Board
of Directors of the Consumer
Bankruptcy Assistance Project.
R. Bruce
Morrison, a
shareholder with
Marshall, Dennehey, Warner, Coleman & Goggin, discussed bad faith
rules and remedies
at the annual meeting of the Association of Defense Trial
Attorneys in Dublin, Ireland.
Denis C. Dice, a
shareholder with
Marshall, Dennehey, Warner, Coleman & Goggin, was
a guest speaker at
the National Association of Securities
Dealers East Coast
spring conference in Baltimore on May
12.
John W. Caldwell, a partner at
Lynn A.
Malinoski, a
partner at Woodcock Washburn LLP,
has been elected
president of the
Philadelphia Intellectual Property Law
Association for
Turnaround Management Association
on April 5.
Jerome J. Shestack, a partner at
WolfBlock, received the 2004 Jewish
Theological Seminary Judge Simon H.
Rifkind Award on June 1. The award is
presented in honor of Judge Rifkind’s
commitment to the letter of the law
and distinguished public service.
Gina Rubel,
president of Furia
Rubel Communications, served as
the public relations
expert at the 2004
Early Stage East
Education Conference on building a
great business on May 10 in Wilmington, Del.
Christopher C. Fallon Jr., a member of Cozen O’Connor, has been elected to the Board of Advisors of the
Syracuse University College of Law.
2004-2005.
Lee W. Doty, a partner with
Montgomery, McCracker, Walker &
Rhoads LLP, was a panelist at the
Greater Philadelphia Chamber of
Commerce healthcare forum “Can Your
Business Compete With Rising
HealthCare Costs?” on May 27.
Neil B. Tanner, a
senior associate
with Pepper
Hamilton LLP, was
a member of the
organizing committee for a recent
meeting of the
International
Association of Young Lawyers held in
Philadelphia in May.
Lynn B. Morreale and John P.
Donohue Jr., partners at Woodcock
Washburn LLP, participated in the
Philadelphia Intellectual Property Law
Association’s 19th annual review of the
Intellectual Property decisions of the
U.S. Court of Appeals for the Third
Circuit on May 20.
Edward T.
DeLisle of Cohen
Seglias, Pallas,
Greenhall &
Furman has been
appointed to the
Board of Directors
of the East Falls
Development
Corporation in Philadelphia.
Howard Brod Brownstein, a
principal of the firm NachmanHaysBrownstein, Inc., gave a keynote
address in Japan on “Corporate
Renewal in the USA”, at the formational
meeting of the Japan Chapter of the
Michael S.
Saltzman, a partner with Fineman
Krekstein & Harris,
P.C., recently presented the claims
handling update at
the 2004 Claims
Seminar of the
Pennsylvania Association of Mutual
Insurance Companies in Grantville, Pa.
David J. Shannon, a senior associate with Leonard, Tillery & Sciolla, LLP,
has been appointed recording secretary of the Pennsylvania Bar
Association Intellectual Property Law
Section. He was also recently elected
treasurer of the Lower
Merion/Narberth Republican
Committee.
H. Ronald
Klasko, managing partner of
Klasko, Rulon,
Stock & Seltzer, LLP,
recently made presentations on hot
topics in immigration law and overcoming federal backlogs and delays to
attorneys attending the Texas Bar
Association Conference in Houston.
Dennis R.
Suplee, a partner
at Schnader Harrison Segal & Lewis
LLP, has been elected to the Board of
Trustees of Saint
Joseph’s University.
Peter A. Muhic, a member of Cozen
O’Connor, recently received the 2003
White Hat Award from the Legal Clinic
For the Disabled in honor of his outstanding advocacy on behalf of people
with disabilities. The award was given
for the first time at the Clinic’s annual
gala on April 1.
Paula J.
Zimmerman, an
associate at Klehr,
Harrison, Harvey,
Branzburg & Ellers
LLP, has been elected to the Board of
Directors of The
Career Wardrobe, a
nonprofit organization that provides
professional clothing and workshops to
women returning to the workforce.
Howard D. Scher, a shareholder
with Buchanan Ingersoll PC, has been
elected to a three-year term as director
of the International Academy of Trial
Lawyers.
Kevin B. Scott and Bradley S.
Rodos of Fox Rothschild LLP delivered the presentation “The Effect of
Sarbanes-Oxley on Nonprofit
Institutions” at The Pennsylvania
Association of Bond Lawyers’ annual
seminar on May 25 in Harrisburg.
Richard R. Block has been appointed to the Pennsylvania Workers’
Compensation Appeals Board. He was
approved by the state Senate in April.
Stephen H. Skale, a sole practitioner, was a member of the faculty
and co-author of the practice manual
at the National Business Institute seminar “Handling a Social Security Case in
Pennsylvania” on June 7 in Philadelphia.
John A.
Greenhall, a
senior partner at
Cohen, Seglias,
Pallas, Greenhall &
Furman, recently
participated as a
panel member in
the program “Best
Practices in Complex Construction
Arbitration, a Panel Discussion with
Practice Pointers and Drafting Tips.”
The program was sponsored by the
American Arbitration Association.
Names Are News
“People” highlights news of
members’ awards, honors or
appointments of a civic or community nature. Information may
be sent to Jeff Lyons, Managing
Editor, Philadelphia Bar Reporter,
Philadelphia Bar Association, 1101
Market St., 11th floor, Philadelphia,
Pa. 19107-2911. Fax: (215) 238-1267.
E-mail: reporter@philabar.org.
Photos are also welcome.
PHILADELPHIA
22
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PHILADELPHIA
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PHILADELPHIA

Serve People and Society, Williams Tells Members

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