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									                                    Pro Bono News
Volume 3                                                    Issue 2                                                  Summer 2000

                                            Third Annual Pro Bono Awards Presented at Firm Seminar
News Items
The Ballard Spahr Pro Bono News is          At the firm seminar on June 29, 2000, the annual Ballard Spahr Pro Bono Awards
published quarterly by the firm's Pro       were presented to two individuals and two groups who have made significant
Bono Committee and highlights the           contributions to the pro bono program.
firm's pro bono activities. Please send
information for future issues of the                    Matt Gutt, an associate in the Litigation Department of the Philadelphia
newsletter to Lisa Schultz in the                       office, was recognized for his outstanding contributions to pro bono
Philadelphia office.                                    work. Matt spent his first year with the firm as a Philadelphia Public
                                                        Interest Fellow, working at the Public Interest Law Center of
Ballard Spahr's Pro                                     Philadelphia, and, since starting full-time at the firm in September
Bono Committee                                          1998, has continued his dedication to public interest law. Matt is
                                            currently handling a case involving the right of a family to host foster-care
Ballard Spahr's Pro Bono Committee          children when one of the other children in their household is HIV positive. In
would like to extend a warm welcome         addition to this, Matt also organizes the firm's participation in Philadelphia Cares.
to its newest member Jeffrey Larroca
(Washington, D.C.), and would also                     Linda Schakel, a partner in the Washington, D.C., office, was
like to express its appreciation to                    recognized for her wonderful contributions to our pro bono program
Joe Nealon (Washington, D.C.) for                      and the example she sets for all partners to become involved. Not only
his service on the Committee.                          does Linda supervise and mentor numerous associates in the pro bono
                                                       work that they do, she also does a significant amount of her own pro
Pro Bono T-Shirt Design                                bono work. Linda has taken a leading role in Washington's Samaritan
Contest Winner                              Inn Project, a nonprofit organization in Washington that provides an intensive
Congratulations to Marc Davies of the       rehabilitation program for individuals with drug and alcohol addiction; and is also
Philadelphia office who won the first-      involved in providing technical support and assistance to the staff of the
place prize for designing the firm's pro    Empowerment Zone and Enterprise Communities. Linda can always be counted
bono t-shirt. T-shirts were given to        on to accept a referral, write a newsletter article, or to offer assistance to others.
those who contributed 50 or more
hours to pro bono service in 1999.          The Beans and Bread Shelter

Update on “Meeting                          Swata Shea, Nicole Papa, Patsy McGowan, Tara Ur, and Shannon Tompkins of
the Challenge”                              the Baltimore office were recognized for their continuing dedication to the Beans
                                            and Bread Shelter (an outreach center for the homeless), which the firm adopted
We are slightly behind on our goal of       in January 1999. Through the program, these attorneys and legal assistants visit
contributing an amount equal to 3%          the shelter on a monthly basis, providing advice, counseling, guidance, and
of the firm’s total billable hours to pro   friendly ears to the residents. They have helped obtain social services and have
bono work. Presently, we are at             helped clients who wished to write wills, obtain a divorce, or obtain custody of a
2.47% with a projected shortfall of         child. They are the perfect example of what a team effort can accomplish.
approximately 3,500 hours.
Remember, the Pro Bono Challenge is         The Death Penalty Team
a firm-wide commitment and every
lawyer and legal assistant is               Leslie John, Marty Bryce, Abbe Flitter, Sally Steffen, Sam Corson, Joel Tasca,
encouraged to participate in pro bono       Marc Davies, Arleigh Helfer, Lucas Townsend and John Metzger of the
activities, with pro bono hours             Philadelphia office were recognized for their dedication and energy in representing
counting towards minimum billable           an individual on death row in Pennsylvania. They are still at the beginning stages,
hour requirements.
                                                                                                                Continued on Page 4
                                                                                            Litigation Associate Advocates on
    SPOTLIGHT: CONSUMER BANKRUPTCY ASSISTANCE PROJECT                                       Behalf of Children

    The need for pro bono services for bankruptcy filings is ever increasing.                            Since 1997, Indiya Sexton of
    Bankruptcy filings in the United States District Court for the Eastern District of                   the Philadelphia office has
    Pennsylvania have increased 60% since 1990. This dramatic increase has been                          been representing a family of
    coupled with an increase in the number of pro se filings by individuals who                          four boys. Three of the boys
    were unable to afford legal counsel. Indeed, over 100 people visit Community                         are brothers, whose mother
    Legal Services (CLS) every month seeking assistance with consumer debt and                           died of a drug overdose. The
    bankruptcy matters.                                                                     whereabouts of their father is unknown.
                                                                                            The fourth child is a cousin whose
    Because traditional legal service organizations such as CLS were unable to meet         mother lives in New Jersey and is unable
    the increased demand for consumer bankruptcy and debt matters, the                      to care for him because she has eight
    Consumer Bankruptcy Assistance Project (CBAP) was formed to serve as a                  other children. The boys were placed in
    clearinghouse to refer consumer debt matters and chapter 7 bankruptcy                   DHS custody in the summer of 1997
    matters to pro bono attorneys. CBAP was created by a group of consumer and              after a fire at the home of the elderly
    business bankruptcy lawyers, members of the Eastern District of Pennsylvania            family friend who was caring for them.
    Bankruptcy Conference, Community Legal Services, and Philadelphia VIP.
                                                                                            Since the beginning of this case, the goal
    Through its Fresh Start Clinic, CBAP trains attorneys, law students, and other          for this family has been reunification of
    volunteers who then provide direct representation to clients in Chapter 7               the boys with their maternal
    bankruptcies. Chapter 7 bankruptcies are usually routine and, in addition to            grandmother who wants to care for
    training sessions, CBAP provides sample documents and mentors to help                   them. In a referral from the Support
    attorneys handle the cases. CBAP offers training programs fairly frequently,            Center for Child Advocates, Indiya has
    and the next training is scheduled for sometime in the fall. Once trained,              worked with the family to overcome
    participants will be assigned to work on up to three cases during a year.               numerous obstacles to reunification. The
                                                                                            boys' grandmother, who was living in a
    In the past, several Ballard Spahr attorneys have handled CBAP referrals,               room in a boarding house, has obtained
    including Vince Marriott, Jeff Meyers, and Richard Perelman.                            her own home through the Section 8
                                                                                            program. She has also secured steady
    Bill Slaughter serves on CBAP's Board of Directors.                                     employment and participated in family
                                                                                            counseling and parenting classes.
    If you are interested in becoming involved in CBAP, contact Vince Marriott
    (ext. 8236) or Lisa Schultz (ext. 8187).                                                Three of the boys remain in foster care
                                                                                            placement and have shown satisfactory
                                                                                            progress. The other child had problems
Litigator Successfully Arbitrates             the wife's name without her knowledge         with his foster care placement and
Motor Vehicle Action                          and also failed to insure the vehicle.        severe behavioral problems at school.
                                              Plaintiffs attempted to hold the client       Indiya was able to find a residential
            John-Paul Madden of the           liable as the owner of the vehicle.           treatment placement for him in March
            Philadelphia office                                                             1998, where he has shown consistent
            successfully represented an       John-Paul represented the client at an        improvement and has earned weekend
            elderly Philadelphia resident     arbitration hearing in Philadelphia           visits at home with his grandmother. He
            in an auto accident case.         Common Pleas Court where he                   is scheduled to be discharged from the
            Following a car accident in       successfully defended the client by           facility this summer and reunified with
which the client's husband rear-ended a       representing that the client's husband        his grandmother.
car stopped in front of him, the three        titled the vehicle in the client's name
passengers of that car sued both the          without her knowledge or consent and          Indiya will continue to work with DHS
client and her husband. The client was        failed to insure the vehicle as required      and the Support Center to see that this
not in the car at the time of the accident    by law. John-Paul was able to                 reunification is successful and to work
nor did she know that the accident had        establish that the plaintiffs failed to       toward reunification of the other three
occurred until the initiation of the          meet their burden of proof that the           boys with their grandmother.
lawsuit against her.                          client's husband was acting as the
                                              client's agent at the time of the accident.
Apparently, when the client's husband         Accordingly, the arbitration panel
purchased the vehicle, he put the title in    dismissed the client from the case.

Denver Lawyer Involved in Civil
Rights Litigation                                                         Firm Sponsors City Year Team
             In conjunction with a lawyer         Since 1998, Philadelphia law firms have been investing in their local community
             from another firm and the            and their region's young people by partnering to sponsor a City Year team. City
             Faculty of Federal Advocates         Year, part of the AmeriCorps national service network, brings together young
             Pro Bono Mentor Program,             people from diverse backgrounds for a demanding and rewarding year of
             Jon Bernhardt of the Denver          community service. City Year corps members tutor, mentor, and support children
             office is representing a state       of all ages, help them develop their potential and play a more active role in their
prisoner in his civil rights lawsuit against      homes, schools, and
various prison officials alleging                 neighborhoods. In
interference with his access to the Courts.       return, corps
When the client sought to form an                 members receive a
organization of former gang members for           modest living
mutual support, prison officials labeled          stipend, an
this "gang activity" and disciplined the          educational
client accordingly. In the course of the          scholarship, and the
prison's investigation, guards reviewed           skills and
and confiscated the client's legal files,         experiences that will
including confidential attorney-client            provide them with a
communications relating to the client's           competitive
petition to have his sentence modified and        advantage for the
relating to his objections to being classified    rest of their lives.
by the prison officials as a gang member/
associate. Discovery is continuing.               This year, Ballard   Pictured with Judge McKee, seated, from left to right: Wynesha
                                                  Spahr and ten other Foxworthy, Stephen Ampersand, Elizabeth Sprinkle, Andrew Clausen,
                                                                       Stacina Hall, Na’im Stevenson, Chandra Gibson, Rashid Jones, and
Washington, D.C. Office to Assist                 law firms joined     Shay Solomon
the Whitman-Walker Clinic                         together to sponsor
                                                  a team. The Philadelphia Lawyers Team is serving Meade Elementary School in
Beginning July 2000, Ballard Spahr                North Philadelphia. The team members assist children in Head Start and the 100
lawyers in the firm's Washington, D.C.            Book Challenge -- both are programs designed to decrease illiteracy among
office will volunteer their time to               young children. The team also sponsors an after-school program which has a
provide pro bono legal services to the            "homework help" focus for students falling behind in their academics. Lisa Sloan
Whitman-Walker Clinic. Since 1983,                and Amanda Aronoff have been actively involved with the Philadelphia Lawyers
the Whitman-Walker Clinic has worked              Team and have spent time at the after-school program.
to meet the needs of people from the
Washington, D.C. area who are living              On April 28, 2000, the Philadelphia Lawyers Team participated in a mock trial
with or impacted by HIV and AIDS.                 competition that was organized by some of the participating firms. Amanda
Today, Whitman-Walker is the primary              coached the prosecution team and the Honorable Theodore A. McKee of the
community-based provider of HIV and               United States Court of Appeals for the Third Circuit judged the competition.
AIDS services in the D.C. area.
Whitman-Walker's services include
primary medical care, housing, a Food            Summer Associates Attend Pro Bono Training
Bank, Gay Men's Health and Wellness
                                                 On June 2, 2000, 18 Ballard Spahr summer associates participated in Philadelphia
Services, Lesbian Services, Mental
                                                 VIP's Annual Summer Associates' Day. The summer associates were trained in one
Health and Addiction Treatment, and
                                                 of five areas - estates, adult SSI, name changes, immigration, or KIDS' Custody.
Legal Services.
                                                 The following summer associates participated in the program:
Ballard Spahr has committed to provide                         Paul Booth                                    Teresa Lin
two attorneys to Whitman-Walker's Legal                   Christopher Dolotsky                          Leah Benson Lipskar
Clinic one Monday per month where they                        Greg Fliszar                                Christine Lipski
will work with Whitman-Walker's clients                     Jody Greenberg                                Karen McCarthy
to provide them with pro bono legal                         Melissa Guinan                                Jennifer Padova
counseling and representation on various                    Adam Gusdorff                                  Dimitri Pappas
issues, including debt, insurance                           Margaret Kaplan                                Shannon Quill
coverage, immigration, confidentiality,                       Paul Lantieri                                   Tara Sell
medical leave, and discrimination.                            Jamie Lehrer                                Jennifer Whelan

                                          biologically male, pre-operative
  Meredith Auten       Charisse Lillie
                                          transsexual, who is currently
    Rob Baron         Michael Lindsay     incarcerated in the State Correctional
 Roberta Barsotti       Ann Loftus        Institute in Frackville, Pennsylvania.
                                          The client claims that her constitutional
  Susan Becker       John-Paul Madden
                                          and civil rights have been violated
   Jon Bernhardt       Roseann Maillie    because the prison administration and
  Jamie Bischoff        John Metzger      doctors who work at the prison refuse
  Jennifer Bragg        Niza Motola       to provide her medical treatment in
                                          connection with her diagnosis of
   Baird Brown         Mary Mullany       transsexualism, otherwise known as
   Marty Bryce         Joanne Phillips    gender identity disorder. Susan and
   Amy Carver          Brian Pinheiro     Stephanie have argued on the client's
                                          behalf that this denial constitutes
 Stacey Coggins         Bill Rhodes
                                          deliberate indifference to the serious
   David Cohen        Thomas Roberts      medical needs created by her condition,
Stephanie Colman      Marla Roshkoff      and has caused the client substantial
Samantha Corson        Paul Rossi         physical, emotional and psychological
                                          harm. The case, an appointment from
Virginia Creighton    Kathleen Sandone    the Prisoners Civil Rights Panel of the
  Marc Davies          Linda Schakel      United States District Court for the
  Joseph Fanone        Paul Schneider     Eastern District of Pennsylvania, is
                                          pending before Judge Anita Brody.
   Abbe Flitter         John Semler
    Dick Fox           Indiya Sexton      Before going to prison, the client had
                                          been diagnosed as a transsexual by an
  Keith Garland         Swata Shea
                                          institute in Pittsburgh that specializes in
   Matt Gutt           Michael Silbert    treating this disorder. She was
   Martha Hays         Eric Sitarchuk     receiving psychotherapy and was in the
  Arleigh Helfer     William Slamkowski   process of receiving hormone
                                          treatments, which is the first step in
    Sue Hess            Sally Steffen
                                          getting a sex change operation. She
 Theodore Hirsh      Matthew Strickler    initially continued to receive hormone
 Allan Hoffman        Sharon Suleta       treatments in prison, but then the prison
                                          officials and doctors abruptly halted the
  Penny Indictor         Joel Tasca
                                          treatments and have not provided her
  Ellen Jerrehian      Scott Towers       with any alternative treatments. The
   Leslie John        Lucas Townsend      client is seeking damages for her
  Rebecca Kamp          Vicky Tsilas      physical and psychological injuries, as
                                          well as injunctive relief requiring the
Stephen Kastenberg      Suzie Turner
                                          prison to provide her with appropriate
    Philip Korb      Glenn Unterberger    medical treatment.
    Jon Laria           Carrie Watt       The defendants filed motions to dismiss,
  Leslie Ledogar      Deborah Zateeny     which Judge Brody denied. The parties
                                          have completed discovery and
                                          exchanged expert reports. Susan and
                                              Convention, Philadelphia 2000 is responsible for the City’s preparations for the
Pension Benefit Reclaimed with                Convention, including raising money to support Convention and City activities,
Assistance from Employee                      coordinating City services, recruiting and training volunteers, and showcasing the
                                              region through hospitality and other events.
Benefits Lawyer
                                              When the Republican National Committee (RNC) chose Philadelphia, Ballard
Marla Roshkoff represented a client in
                                              Spahr attorneys helped to create a unique legal structure as the backbone of the
an attempt to reclaim his pension benefit
                                              deal. We continue to represent Philadelphia 2000 in its role as the official Host
from a small, nonprofit organization that
                                              Committee for the Convention.
ceased paying his benefit. The client
was the director of the organization for
                                              In previous years, there was a massive agreement which everyone involved in
several years and, upon retiring from
                                              the convention (the host city, the host committee, the RNC, its Committee on
the organization in 1989, the Board of
                                              Arrangements (COA), the property owners, the service providers, etc.) signed.
Trustees of the organization authorized
                                              For the Philadelphia convention, Philadelphia 2000 signed the agreement with the
paying a monthly pension amount of
                                              RNC and agreed to provide all the essentials for the convention: everything from
$350 per month. In September 1997,
                                              police to portable toilets, electricity to hotel rooms. In turn, Philadelphia 2000 has
the client was notified by the organization
                                              entered into individual contracts with the necessary providers of services and
that it would stop paying his pension
                                              goods (i.e., City of Philadelphia, Xerox, PECO Energy Company) to fulfill its
benefit, effective January 1, 1998. The
                                              obligations under the agreement with the RNC. This legal structure will probably
client, who is 78-years-old, relied on
                                              become the template for future conventions.
these monthly payments to supplement
his social security income and to cover
                                              Ballard Spahr lawyers have worked with representatives of the COA and the
his medical expenses.
                                              RNC to draft and negotiate all the contracts necessary to stage the Convention.
                                              In addition, Ballard Spahr lawyers have worked on First Amendment issues that
With litigation assistance from John
                                              have arisen concerning protests during the Convention and labor issues that have
Semler, Marla filed a complaint in the
                                              arisen regarding the work being done at the convention site at the First Union
United States District Court for the
                                              Center. They have performed many other services for Philadelphia 2000. As
Eastern District of Pennsylvania,
                                              David Cohen has stated about Ballard Spahr’s work for the Convention, "We are
asserting that the arrangement between
                                              forming, building, funding, operating, and tearing down a hundred million dollar
the organization and the client
                                              business in the space of 18 months." To accomplish this, the firm has drawn
constituted a pension plan subject to the
                                              upon the expertise of a large number of its attorneys and legal assistants within
Employee Retirement Income Security
                                              many different departments of the firm. They include:
Act of 1974 (ERISA). ERISA was
enacted, in part, so that employers                Kris Aldridge                    Dan Johns                   David Roscher
would not unilaterally forfeit employees'          Lynn Axelroth                 Cathleen Judge                  Leslie Safran
retirement benefits.                                                                                           Kathleen Sandone
                                                     Ellen Bain                  Rebecca Kamp
                                                    Rick Ballard                   Ira Kauderer                    Lisa Sloan
The organization argued that its
                                                 Carolan Berkley                  Mick Konowal                     Rob Sobol
arrangement with the client did not rise
                                                  Jamie Bischoff                 Joseph LaBarge                  Sally Steffen
to the level of a "plan" for purposes of
                                                   David Cohen                    Rita MacNeill                  Matt Strickler
ERISA and that it viewed the
                                                                                                                  Cheryl Terio
arrangement as a gratuitous payment                Mark DePillis                  Tammy Orliw
that could be modified at any time.                                                                              Kim Toughill
                                                   Brian Doerner                  Brian Pedrow
                                                                                                                 Scott Towers
                                                     Tom Ellis                   William Rhodes
On the eve of filing a summary                                                                                   Saul Treiman
                                                 Austin Faberman                 Alan Ritterband
judgment motion, the matter                                                                                       Carrie Watt
                                                  Edmond Ghisu                      Ed Rogers
was settled.                                                                                                    Debbie Zateeny

    Pro Bono at Work

        Many Ballard Spahr attorneys provide support to their communities by serving as board members of nonprofit
        organizations. As a regular feature of this newsletter, we focus on the wide variety of organizations our lawyers
                                              support through board memberships:

Juvenile Law Center                                               constitutional rights and to protect children from institutional
By Charisse R. Lillie                                             abuses. Over the years, the Center has relied on a mix of
                                                                  strategies to achieve these goals. For example, through
The Juvenile Law Center is a public interest law center that      litigation, the Center has diverted thousands of children from
was established in 1975 and is dedicated to the principle that    incarceration, ensured a right to individual counsel for every
"all children should have the opportunity to make successful      foster child in Philadelphia, reduced overcrowding and
transitions to adulthood." To accomplish this task, the Center    improved conditions for juveniles in confinement, and
uses legal and advocacy channels to ensure that children          compelled the state to provide federally mandated medical
have appropriate health care, education, and nurturing,           and diagnostic services for low-income children. The
permanent homes. Since its inception, the Center has always       Center's public education and community outreach informs
maintained a core mission of ensuring that children are           parents and children of their rights to use or to refuse
treated fairly by systems that are supposed to help them. It      services, and its information, training, and education
believes that justice can be promoted by procedural               materials enable thousands of professionals to do a better job
safeguards, which help ensure that decisions about children       of serving children.
will be better informed, more accurate, and more effective,
and that children receive the treatment and services these        Charisse Lillie served as president of the Center's Board of
systems are supposed to provide. To that end, the Center          Directors from 1996 to 1998 and, since 1999, has served as a
aggressively uses the law to protect children's statutory and     member of its Executive Committee.

                                      Ballard Spahr’s Pro Bono Committee

                                          The following individuals are members of the
                                                   firm's Pro Bono Committee:

                 C. Baird Brown                                                             215.864.8518
                 Jeffrey T. Chappelle                                                       215.864.8509
                 A. Steven Fabietti                                                         856.627.4906
                 Craig H. Howe                                                              801.531.3030
                 Stephen J. Kastenberg                                                      215.864.8122
                 Jeffrey W. Larroca                                                         202.661.2213
                 Ann T. Loftus                                                              215.864.8304
                 Lisa F. Pliskin                                                            215.864.8732
                 Paul J. Schneider                                                          215.864.8420
                 Lisa F. Schultz, Administrative Assistant                                  215.864.8187
                 William T. Slamkowski                                                      303.292.7392
                 Susan L. Spence                                                            410.528.5516
                 Suzanne E. Turner, Chair                                                   215.864.8104
                 Deborah J. Zateeny                                                         215.864.8324

                                  If you would like more information on how to get involved,
                                           please contact any Committee member.


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