The Monthly Newspaper of the Philadelphia Bar Association Vol. 39, No. 3 March 2010
D.A. Wants to Fix ‘Broken’ System New Bar
n By Jeff Lyons
Major League Soccer
is coming to Philadel-
phia and Association
members have the
opportunity to get a
first-hand look at the
city’s newest professional
sports franchise on Monday, March 29 as
part of the new Philadelphia Bar Associa-
Philadelphia Union President Tom Veit
will address Bar Association members at
Photo by Jeff Lyons
The CLE Conference Center on the 10th
floor of the Wanamaker Building from
12 to 1:30 p.m. In this exclusive session,
District Attorney R. Seth Williams met with the Criminal Justice Section Feb. 23 and discussed his plans. members will get a virtual preview of
make the city safer. And I believe that crime prevention is the Union’s new 18,500-seat stadium in
n By Jeff Lyons much more beneficial than crime prosecution only,” Williams Delaware County and learn the basics of
said. soccer. Team players, fresh off their first-
New Philadelphia District Attorney R. Seth Wil- “If we can, through the cases that we charge, find ways to ever game March 25, have been invited
liams told members of the Criminal Justice Section he wants get more people the assistance that they need and the cer- to appear for a demonstration of soccer
to reorganize his office’s Charging Unit to make sure the tainty of treatment much quicker and much earlier on, that basics.
only people being charged with crimes are the individuals will end up benefiting them, the victims and the bottom line, Philadelphia was awarded Major
who are guilty. which is saving money,” he said. League Soccer’s 16th team on Feb. 28,
Williams, who met with the Section on Feb. 23, his 50th “The system has many problems. It’s important that we dis- 2008.
day in office, said his goal is to seek justice and to make sure cuss these problems and then hopefully to see how collectively According to the team’s Web site, the
only the right people are charged with crimes. we can address them. It’s going to take all of us working dil- team’s navy blue and gold colors represent
“It’s my goal to see to it that we reduce recidivism and continued on page 16 the Continental Army’s uniforms during
continued on page 16
Get Tickets Now to Hear In This Issue
CNN’s John King March 17 4 Going Green
5 Golf Classic
n By Mark Tarasiewicz pie charts, which allowed him to delve into 7 Gaining Business
data and track delegates like never before on
He is one of the leading political analysts in election nights. 8 YLD Bootcamp
television news, and CNN’s chief national cor- King will be the keynote speaker at the Bar
respondent. As a key part of the network’s in- Association’s Quarterly Meeting on Wednes- 10 Civil Gideon
novative “America Votes” coverage of the 2008 day, March 17 at 12 p.m. at the Hyatt at The
presidential campaign, John King pioneered Bellevue, Broad and Walnut streets. Tickets are
20 Guidance Opinions
the use of CNN’s “magic wall” of maps and continued on page 15
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2 Philadelphia Bar Reporter March 2010 philadelphiabar.org
Asima Panigrahi, Esq. Opposing the Proposed Sales Tax
on Legal Services in Pennsylvania
Bruce H. Bikin, Esq.
Heather J. Holloway, Esq.
Ria C. Momblanco, Esq. “Don’t tax you, don’t tax me, tax that The problem is, this By Scott F. Cooper This tax will destroy
Regina Parker, Esq. fellow behind the tree.” is not a tax on lawyers; the precise high-educa-
Thomas Bryan, Esq. - former Louisiana Sen. Russell B. Long it is a tax on clients. Our tion and significant in-
Edward P. Kelly, Esq. law firms will be forced come tax-paying jobs we
Sarah K. Lessie, Esq.
Mary T. Kranzfelder, Esq. This month, we turn our attention to do what every other desperately need to keep
Julia Swain, Esq. to a very dangerous tax contained in the business does with a sales in Pennsylvania. Busi-
Nicole Edwards, Esq. proposed 2010-11 Pennsylvania General tax – pass it through to ness purchasers of
Fund Budget. As most of you know, the the customer. The only commercial legal services
Richard Max Bockol, Esq. current budget proposal includes elimi- way for a client to avoid will divert work out of
nating the sales tax exemption for legal paying the tax is to avoid the Commonwealth to
Advisory Editors services and 73 other presently exempt purchasing the service all save money. The Internet
Sunah Park, Esq.
“essential” goods and services. together. This is precisely has already shown that
Molly Peckman, Esq.
Marc W. Reuben, Esq. No issue in recent memory has the opposite result cli- national businesses will
galvanized such universal opposition ents need by the time they conclude they aggressively move legal work based upon
Associate Executive Director, by attorneys in all practices across the need legal counsel. both quality and price.
Communications Commonwealth. Your Bar Association is Moreover, a sales tax on legal services Think of it like driving across the bor-
fighting aggressively for you and our cli- is effectively double taxation. As we know, der to Delaware to save on the sales tax
Senior Managing Editor, ents on this critical issue. We are using a those who use the courts already pay costs – but to the tune of hundreds of millions
Publications broad-based approach of media outreach, in the form of court fees, and many legal of dollars in lost taxable revenue.
Jeff Lyons lobbying in Harrisburg and education transactions such as real estate closings If using a Pennsylvania lawyer au-
initiatives. I took the additional step last and estate administrations are already tomatically adds 4 percent or more to
Kenneth Shear month of sending a letter to every mem- taxed in some other form. the invoices we send our clients, those
ber of the Association on this issue. Enacting a sales tax on legal services clients are going to direct the work
The Philadelphia Bar Reporter (ISSN 1098- Despite the fact that the initial reaction would be disastrous for those Pennsylva- elsewhere. The problem is even worse for
5352) is published monthly and available by
subscription for $45 per year by the Philadel- by many in Harrisburg was to stop the nians most at risk, and it will drive sig- us in Center City. If the Commonwealth
phia Bar Association, 1101 Market St., 11th tax code reform, we cannot be lulled into nificant jobs out of the Commonwealth. lifts the sales tax exemption, Philadelphia’s
floor, Philadelphia, PA 19107-2911. Periodicals a sense of false security. The sound bite of For while our clients will bear this cost sales tax would automatically apply to
postage paid at Philadelphia, PA POSTMASTER:
Send address changes to Philadelphia Bar Re- a “lawyers’ tax” is already making its way directly, we who represent them will bear the non-exempt services. Not only will
porter, c/o Philadelphia Bar Association, 1101 through the Commonwealth. the cost in many other harmful ways. continued on page 7
Market St., 11th floor, Philadelphia, PA 19107-
2955. Telephone: (215) 238-6300. Association
Legal Directory 2010 Updates Areas of Concentration
Web site: philadelphiabar.org. Newspaper e-
mail address: email@example.com. The edi-
torial and other views expressed in the Phila-
delphia Bar Reporter are not necessarily those
You told us, and we listened: The
of the Association, its officers or its members.
Advertising rates and information are available Legal Directory 2010 features revamped To place your order for the
from Howard Hyatt at MediaTwo, 1014 W. 36th The Legal Directory 2010, visit
St., Baltimore, MD, 21211. Telephone: (410) areas of concentration (AOC). These thelegaldirectory.org.
902-5797. three letters at the end of a listing tell you
Page 1 skyline photo by Edward Savaria, Jr./PCVB
an attorney’s concentration. Organized
by category, the new, enhanced list more designed to work with your BlackBerry indexed by area of concentration;
closely reflects the current legal environ- screen, and it’s also interactive. Click on a • A special section devoted to corporate
Tell Us ment, helping you find the exact attorney
and area of expertise you need. Every
phone number and your device will dial
it; tap an e-mail address and your mobile
• Alternative dispute resolution
What You Think! lawyer listing comes with a free AOC. device will generate an e-mail screen. resources;
The Philadelphia Bar Reporter “In revamping the areas of concentra- Best of all, this mobile component is • A business-to-business supplier sec-
welcomes letters to the editors for tion, we tried to best reflect the realities free with purchase of the traditional print tion tailored to the legal community;
publication. Letters should be typed. of practicing law in today’s market,” said version. • Bar Association bylaws, contacts and
There is no word limit, but editors Paul Kazaras, deputy executive director of When you’re back in the office, you committees;
reserve the right to condense for the Philadelphia Bar Association. can access the thousands of listings via In this economy, it’s more critical than
clarity, style and space considerations. Along with improved options for The Legal Directory Online, where you can ever to access up-to-date information.
Letters must be signed to verify
attorneys to define their specialties, The also update your listing all year long. Firms have merged, organizations’ boards
authorship, but names will be withheld
upon request. Letters may be mailed, Legal Directory 2010 is available when The Legal Directory’s impressive print have changed and many attorneys have
faxed or e-mailed to: Jeff Lyons, Senior you’re on the go, thanks to a new mobile version packs a wealth of information changed firms. You can always rely on
Managing Editor, Philadelphia Bar component. Connect to thousands of into one volume including: The Legal Directory to have the up-to-date
Reporter, Philadelphia Bar Association, lawyer and law firm listings with your • Federal, state and county courts and information you need, wherever you need
1101 Market St., 11th floor, Philadel- BlackBerry wherever there’s an Internet government agencies; it.
phia, PA 19107-2955. Phone: (215) connection. • An index of judges, with phone The Legal Directory is the only official
238-6345. Fax: (215) 238-1159. E-mail: The mobile version of The Legal Direc- numbers and addresses; directory of the Philadelphia Bar Associa-
tory features a more streamlined interface • Attorneys listed alphabetically and tion.
philadelphiabar.org March 2010 Philadelphia Bar Reporter 3
Task Force Tackles Energy Use, Recycling
n By Judy Stouffer Cooper’s column in the February edition environment (i.e., its carbon footprint), about 78 tons of paper and paperboard
of the Philadelphia Bar Reporter, where he we will be formulating a plan for firms are generated (or about 560 pounds per
Do you donate unwanted clothing? announced his Green Ribbon Task Force. and other businesses to do the same. person in the U.S. alone). In 2008, the
Do you take public transportation? Do That’s us. While we will be investigating One focus will be the use of paper. amount of paper recovered for recycling
you receive/pay bills online? Do you use the Bar Association’s overall energy use Without a doubt, our profession is one averaged 113 pounds per person in the
ENERGY STAR bulbs? Going green is and recycling practices to set the stan- of the largest producers of paper waste. U.S. The paper industry hopes to recover
not as difficult as you might think. dard for reducing the negative impact its Some quick facts: Paper is the largest 60 percent of the paper Americans con-
You may have read Chancellor Scott F. day-to-day operations may have on the category of municipal waste. Each year, sume by 2012.
Here’s how to help: The recycling of
paper isn’t the only answer and reduc-
ing its use in the first place needs to be
Inside Luzerne County’s
explored. We’re not necessarily advocating
a switch to erasable paper (yes, Xerox sci-
entists really have invented reusable paper
CULTURE OF CORRUPTION that self-erases within 16-24 hours), but
we are asking you to use common sense.
Tip #1: Do you really need that piece
of paper? Let’s face it; we’ve all lost count-
less hours of time and productivity look-
CONTINUING LEGAL EDUCATION ing for a missing piece of paper. Printed
When: Friday, March 26th, 2010. 9:00 AM to 5:00 PM information can also pose a security risk
or become obsolete. If you don’t already
Where: Temple University, Ft. Washington. scan documents, this is the most effective
401 Commerce Dr., Ft. Washington, PA 19034 way of managing paper. Many outside
companies offer scanning and online
Cost: $125* For Live Seminar (6 Substantive, 1 Ethics CLE) document storage services. Some also of-
$105 For Live Webcast (3 Substantive, 1 Ethics CLE) fer a “facilities manager” service, which is
another name for a person who works for
McDevitt the company, but shows up at your firm
just like one of your employees to manage
your firm’s paper flow (U.S. mail, faxes,
A t this event, our panelists will discuss
the events which led to the Luzerne
County judicial system corruption scandal,
for the Juvenile Law Center in Philadelphia,
PA. Attorney Luke T. Pepper will assist in
moderating the event, and former NBC10
copies, scanning, renaming, etc.), for less
than the cost of hiring another employee.
Tip #2: If you have to print/copy, use
as well as the likely impact of those events Philadelphia reporter and La Salle Univer- both sides of the paper.
Tip #3: Purchase recycled paper and
2/3 page ad
on the state juvenile system and state and sity Adjunct Professor, Ellen Kolodziej, will
local laws. Additionally, the panel will analyze provide a timeline summary of this national
recycle your toner cartridges.
Perhaps your office already has a plan
how the United States Supreme Court’s news story.
in place. If so, we commend you and
review of the Federal Honest Services Fraud This is a charitable CLE event! would like to hear from you about it.
Statute may affect those public ofﬁcials who Net proﬁts will be donated to the Juvenile The Chancellor would like to see more
have already been indicted. of us give back to the communities where
Law Center (www.jlc.org) in Philadelphia,
we live and work. Serving as greener role
Although this course will focus on the timely PA. The Juvenile Law Center uses legal models for not only the public, but for
events occurring in Luzerne County politics, advocacy, publications, projects, public our staff and families too, will help to
the subject matter will apply to govern- education, and training to ensure that the keep our planet from going, going, gone.
mental entities all across the country. child welfare, juvenile justice, and other The 40th anniversary of Earth Day,
known as the beginning of the modern
Panelists for this event will include attorney public systems provide vulnerable children
environmental movement, is Thursday,
Peter John Moses of Moses & Gelso, LLP with the protection and services they need April 22. Stay tuned for more on Going,
in Wilkes Barre, PA, and attorney Marsha to become productive adults. Going . . . Green.
Levick, Deputy Director and Chief Counsel
Judy Stouffer (JStouffer@BernerKlaw.com)
is a senior paralegal with Berner Klaw & Wat-
son LLP and a member of the Green Ribbon
REGISTER ONLINE AT WWW.CEWORKSHOPS.COM Task Force.
OR BY CALLING TOM MCDEVITT DIRECTLY AT 215-990-0781.
For More Information
McDevitt & Kline, LLC is an Accredited CLE Provider with the PA Supreme Court CLE Board (Provider # 5963). For more information about the
PA attorneys may earn up to 4 CLE per compliance period via Distance Learning programs. McDevitt & Kline, LLC Bar Association’s Green Ribbon
is an approved Distance Learning provider with the PA Supreme Court CLE Board. For more information, please Task Force, contact co-chairs
visit www.pacle.org. Michael Hayes at mhayes@mmwr.
* Price includes parking, course materials, coffee, doughnuts, lunch, and reporting fees. com or Kim Jessum at kjessum@
4 Philadelphia Bar Reporter March 2010 philadelphiabar.org
BOARD OF GOVERNORS 22nd Bar Foundation
Golf Classic June 21
Bar Academy, Historical Society Get Go-Ahead The Philadelphia Bar Foundation’s
22nd Annual Golf Classic will be held
n By Jeff Lyons All resolutions approved by the Monday, June 21 at Huntington Valley
Board of Governors are available Country Club in Huntington Valley, Pa.
The Board of Governors has online at philadelphiabar.org. The fee for players is $450. Members
approved resolutions creating a Bar As- of the Young Lawyers Division may play
sociation Historical Society and a new on-going process,” Fedullo said. to Weitz Garfinkle Datz, LLC, will at a discounted fee of $375. A foursome
Bar Association Academy, designed to The resolution for the Bar Association serve a four-year term and will chair the can play at the discounted rate of $1,700.
give members access to Philadelphia’s Academy says understanding cultural, Commission in 2010. Gubin and Olshan Price includes all greens fees, golf cart,
cultural, social, educational, and artistic social, educational, and artistic matters will serve two-year terms as lay members lunch, refreshments, dinner and cocktails.
institutions. is critical to attorneys interacting with of the Commission. Olshan is CEO of For those wishing to attend the cocktail
According to the resolution approved their clients and effectively advancing Big Brothers Big Sisters of Southeastern reception and dinner, tickets are $125.
at the Jan. 28 meeting, the Historical their careers and enhancing the quality Pennsylvania. Gubin works for Medical Several levels of sponsorship are avail-
Society is being created for the purpose of their lives. Cooper said the Academy Rehabilitation Centers of Pennsylvania. able. Tournament underwriters ($15,000)
of collating, organizing, preserving and is going to be “something special” for the Philadelphia Municipal Court Judge get a banner hung at the clubhouse en-
disseminating the great history of this members. Lisette Shirdan-Harris, Markita Morris- trance; name on the front cover of the
Association and its members and the role The Board also approved a resolution Louis, Sam Morgan, Jackie Carolan, souvenir program as a sponsor of the
the Association and its members have amending the bylaws of the Criminal Carmen Romano and Mary Gay Scanlon event; distribution of skills competition
played in the history of Philadelphia, the Justice Section to provide for election of were appointed to the Board of Philadel- prizes to winners; eight players plus four
Commonwealth of Pennsylvania and the co-chairs of the section. phia Volunteers for the Indigent Program. additional guests to cocktail reception;
United States. The Board also approved the appoint- The Board also approved the appoint- and VIP parking for golfers. Other levels
“The genesis of the historical society ment of Board member Brandi Brice to ment of Alexander Kerr, John Willis and include Tournament Cup/Skills Prize
was Chancellor Scott Cooper’s idea,” Wil- the Association’s Audit Committee. Brice former Chancellor Harold Cramer to Sponsor ($7,500); Luncheon, Cocktail
liam J. Fedullo told the Board. Fedullo is is an assistant city solicitor in the Major the Board of Directors of Jenkins Law Buffet, Reception or Putting Contest
a co-chair of the Historical Society, along Tax Enforcement Unit of the Law De- Library. Kerr will serve as president of the Sponsor ($5,000); Golf Cart Signs,
with Roberta Liebenberg and former partment of the City of Philadelphia. board at Jenkins. Refreshment Cabana Sponsor, $3,500;
Chancellor Robert C. Heim. A. Harold Datz, Caryn Gubin and Nicole Edwards, an associate with and Hole Sponsor ($2,000). For more
“The Historical Society is going to Marlene Olshan were appointed to the ,
DLA Piper LLP was appointed to the information, contact Lynne Brown at
be very beneficial to us as keepers of the Association’s Commission on Judicial Editorial Board of the Philadelphia Bar (215) 238-6347 or visit www.philabar-
flame. This is going to be an inclusive and Selection and Retention. Datz, of counsel Reporter. foundation.org.
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REGISTERED AGENT SERVICE IN ALL STATES
Bureau of Workers’ Compensation
Judges (from left) Todd B. Seelig,
Susan E. Kelley and Francine T.
M. BURR KEIM COMPANY
Lincicome met with members of
the Workers’ Compensation Section Spotlight Phone: 215-563-8113 Fax: 215-977-9386
on Feb. 17 during a lunchtime CLE 2021 ARCH STREET
Visit philadelphiabar.org to listen to
session to discuss hot topics. More
the podcast from this program. PHILADELPHIA, PA 19103
than 50 people attended.
philadelphiabar.org March 2010 Philadelphia Bar Reporter 5
Grantees Aid Quake Victims Arriving in Phila.
Jan. 12, 2010 is des- By Amy B. Ginensky dren decided to focus its
tined to become a
date as familiar to
efforts on specific groups
of Haitians, including:
2009 Arbitration Fee Donors Thanked
the people of Haiti those with special medical Through the arbitration fee Bar Foundation thanks its 2009 arbi-
and their relatives needs destined for the donation program, the Philadelphia tration fee donors, listed below.
and friends around Philadelphia region; Bar Foundation, the Philadelphia Bar Janis Brodie, John E. Caruso, E.
the world as Sept. 11, orphans already adopted Association and the Court of Com- Gerald Donnelly, Susan J. French,
2001 and Dec. 7, 1941 (or in the process of being mon Pleas have made it possible for Bruce M. Ginsburg, Martin Greitzer,
are for Americans. adopted) by Philadelphia lawyers who volunteer their services as Emmanuel O. Iheukwumere, Ken-
The earthquake that families but who had arbitrators in the Court of Common neth M. Kapner, Ronald A. Kovler,
hit Haiti – a country not left Haiti before the Pleas to support equal justice for all. Vincent R. McGuinness, Daniel C.
already devastated by earthquake; children or- Arbitrators can designate that all or Moraglia, Christopher James Perillo,
chaos and political phaned by the earthquake; part of their honorarium be donated Robert L. Sachs Jr., Michelle L. Skal-
unrest – took an unimaginable toll. The and those (both adults and children) in to either the Bar Foundation or to sky, David E. Sternberg, Catherine S.
Haitian government estimates that more need of legal help with their immigration Community Legal Services, Inc. The Straggas and Eric H. Weitz.
than 200,000 people have been killed status. As word of the Initiative has gotten
and more than 3 million people are in out, a number of local law firms have
need of emergency services. volunteered to help staff immigration and lustrates the importance of having strong as part of the Haitian Children’s Initia-
Not surprisingly, the Philadelphia legal adoption cases over the coming months. public interest legal service organizations, tive, please contact Jennings Durand
community – both the public and the Another initiative focused specifically which can respond appropriately and at firstname.lastname@example.org. For
private bars – has stepped up to help. In on immigration assistance to the Hai- effectively to whatever crisis hits. Last relocation assistance, HIAS PA, Lutheran
particular, immigration and adoption are tian community in the region is being year, we saw a number of our grantee Family Services’ Resettlement Program
the focus of their efforts. organized by HIAS and includes the organizations step into high gear to help and Nationalities Service Center are
Bar Foundation grantee organiza- Nationalities Service Center, the Wel- with those suffering the most from the involved with providing housing, food
tions HIAS Pennsylvania, Nationalities coming Center for New Pennsylvanians, economic meltdown. This year it’s Haiti. and counseling for the Haitian earth-
Service Center and Support Center for the American Immigration Lawyers’ The financial support given by the Bar quake survivors coming to Philadelphia
Child Advocates are the key players in Association Pro Bono Committee, pro Foundation to these organizations in for medical treatment. And, if you or
two local programs. Of course pro bono bono attorneys and representatives from terms of grants for operating expenses your family want to donate housing or
attorneys from the private bar are helping the Haitian community. In addition to allows them to have the wherewithal to transportation or even clothing and bed-
with these efforts, especially Ethan Fogel, outreach and education on immigration support those unbudgeted for emergen- ding for Haitian refugees, contact Sarah
a Dechert LLP partner and director of matters to the Haitian community, this cies. Of course, the only reason that the Peterson at email@example.com, Kath-
pro bono in its Philadelphia office, and network is offering legal services to help Foundation can help is because all of us rin Ivanovic at firstname.lastname@example.org or
Jennings Durand, also of Dechert. As Haitians negotiate the complex immigra- in the legal community help us do so. Janet Panning at email@example.com.
Durand related, “After the earthquake in tion regulations that have been put in We, and them, continue to appreciate
Haiti, Ethan and I reached out to HIAS place to support them. your support. Amy B. Ginensky (ginenskya@pepperlaw.
and Council’s Judith Bernstein-Baker to “The Obama Administration has ex- Money is not the only way to help. If ,
com), a partner at Pepper Hamilton LLP is
begin exploring ways that Dechert could tended special immigration rights to Hai- you want to provide pro bono services president of the Philadelphia Bar Foundation.
help Haitian children whose lives have tians in the aftermath of this earthquake,”
been turned upside-down by the tragedy.” said Bernstein-Baker, executive director
As a result of discussions, HIAS PA, of HIAS and Council. These include hu- Thomas A. McDevitt, CFA, CFP® Providing
the Support Center for Child Advocates, manitarian parole, which allows orphaned Financial Advisor | Wells Fargo Advisors comprehensive wealth
and the Dechert lawyers organized the or medically needy children from Haiti to management services
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dren, a network of groups interested in sure that they receive the care they need, families, corporations,
✓ Member, Chartered Financial Analyst (CFA) Institute
helping the children of Haiti. This group and temporary protected status, extended of Philadelphia & non-proﬁts.
convened a Feb. 5 kickoff meeting that to Haitians already in the United States ✓ Member, Financial Planning Association of the Two Pitcairn Place, Suite 200
included leaders from the local Haitian to protect them from deportation for 18 Philadelphia Tri-State Area Jenkintown, PA 19046
community, representatives of children’s months and to allow them to work here ✓ Member, American Institute of Certiﬁed Public
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and immigrants’ services organizations, since their safety would be at risk if they
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on African and Caribbean Immigrant “These are humanitarian efforts on the
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At this initial meeting, the group is wonderful how people have stepped
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and targeted several groups of Haitians in Support Center for Child Advocates and
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the volunteer lawyers they work with, il-
6 Philadelphia Bar Reporter March 2010 philadelphiabar.org
Justinians Honor Chancellor March Program
Throughout 2009, the Philadelphia Bar
Association received more and more inquires from
members asking for resources devoted to building
a practice and increasing business development
Larger law firms were disbanding and/or lay-
ing attorneys off and more attorneys were being
pressured to develop business. In an effort to help
attorneys gain skills that were not being taught
anywhere else, the Bar Association partnered with
The Training Resource Group to develop a train-
ing program focused on building a practice and
providing attorneys with the tools to successfully
Chuck and Evan Polin of The Training Re-
source Group have worked with attorneys for
Photo by Jeff Lyons
more than a decade to help them with their
business development skills. They believe that by
providing ongoing reinforcement training over
time, attorneys can learn the skills that are needed
Justinian Society Chancellor Gina Furia Rubel (from left) greets Philadelphia Bar Association Chancellor to be successful in business development. The
Scott F. Cooper and Chancellor-Elect Rudolph Garcia at a luncheon in Cooper’s honor on Feb. 22 at The Training Resource Group works simultaneously
Union League. More than 100 people attended the event.
in four different areas to ensure success. First, they
work on developing a plan to identify, target and
Bench-Bar at The Borgata Oct. 15-16
get in front of more opportunities. They then help
attorneys track their plans to make sure that they
can measure success. Next, they teach attorneys
The Philadelphia Bar Association’s popular Bench- be amazed at the facilities and the level of service. It is the how to stand out and make their prospective
Bar and Annual Conference is returning in 2010, moving perfect location for a conference of this caliber,” Cooper said. clients more comfortable conducting initial meet-
back to The Borgata in Atlantic City, N.J. for the weekend The Borgata last hosted the Bench-Bar Conference in 2004. ings. Finally, they work with the attorneys to help
of Oct. 15 and 16. The Association’s Bench-Bar Conference traditionally fea- them move out of their “comfort zone” and try
Chancellor Scott F. Cooper has tapped Vice Chancellor tures a large selection of continuing legal education seminars different tactics, so that they will have more success
John E. Savoth and Board of Governors Vice Chair Regina for practitioners in a variety of specialty areas. There is always developing business.
M. Foley to chair the conference. ample opportunity for attorneys to mingle and network with The training program consists of four, two-
“I am thrilled about the conference returning to The Bor- their colleagues and members of the bench. hour sessions plus an individual coaching session.
gata. We recently held the Bar’s Leadership Retreat at The Visit philadelphiabar.org for more details about the These sessions focus on teaching attorneys to build
Borgata and it is a top-tier venue. I think our attendees will 2010 Bench-Bar Conference as they become available. a plan to get in front of more opportunities and
introduce strategies to turn those opportunities
into business. These sessions help to give attorneys
parts in New York City and Washing- ing this debate. But this budget should a process and a system to build a book of busi-
Frontline ton, D.C. There is no good reason to not be balanced on the backs of clients ness. To date, there have been three completed
continued from page 3 fill that gap by adding a sales tax. who can least afford the tax. I encour- programs conducted at the Bar Association. The
We also have concerns about age you to voice your opposition by program has attracted a wide range of participants,
the members of this Association face the intrusion this tax may have on logging on to our Legislative Action from large firms and small firms to partners and
competitive disadvantages to other confidentiality within the attorney- Center under the “Member Center” associates. All of the participants are focused on
states, the additional 2 percent tax will client relationship. The need for strict at philadelphiabar.org. There you can building a larger book of business and generat-
make “suburban flight” by clients even confidentiality is well established. A automatically personalize and send a ing more revenue. Many of the participants were
more attractive. This could mean firing sales tax on legal services will create letter of opposition to your state sena- surprised to discover how easy it could be to be
Pennsylvania law firms or just direct- the need for lawyers to establish a sales tor and/or representative. successful in developing new business once they
ing firms not to use their lawyers in tax account within the Department Currently, there are only five states were given the proper tools.
Pennsylvania or Philadelphia. of Revenue. To adequately perform in the country that have a tax on legal One participant, Bart Cohen from Berger &
Either way, employment of attor- its oversight function the Department services. In the last two states to pro- .C.,
Montague, P said, “The course has equipped
neys and related support staff dip and may be forced to review billings and pose such a tax, it failed. Rest assured, me with a focused, methodical and practical ap-
the local economy suffers. Reduced other documentation that will detail your Association will do its part to proach to managing a task that requires such an
revenue from the state income tax and a client’s case or subject matter. Such help ensure a similar outcome here. approach for most attorneys.”
local wage and business privilege taxes an audit would violate the lawyer- The next four-session program begins in March
will inevitably follow. client privilege that has been ardently Scott F. Cooper, a partner with Blank and will be held every Friday beginning March 5
Significant and sophisticated legal defended during our judicial history. Rome LLP is Chancellor of the Philadel-
, from 12 to 2 p.m. at the offices of the Philadelphia
work comes to Philadelphia, in part, Yes, we need creative solutions phia Bar Association. His e-mail address is Bar Association. For more information, call Chuck
because we have more competitive to the current fiscal crisis, and Gov. firstname.lastname@example.org. or Evan Polin at The Training Resource Group at
hourly billing rates than our counter- Rendell deserves high marks for start- 215-320-4650.
philadelphiabar.org March 2010 Philadelphia Bar Reporter 7
Young Lawyers Bootcamp Convenes at PBI
Photo by Jeff Lyons
Philadelphia Court of Common Pleas Judge Daniel J. Anders (above, from left), Board of Governors
Photo by Jeff Lyons
member Brandi J. Brice, Bar Association Assistant Secretary Sophia Lee, Philadelphia VIP Execu-
tive Director Sara Woods and Bar Association Secretary Kathleen D. Wilkinson were panelists for the
Young Lawyers Bootcamp opening session “Entering Unknown Territory: Choosing a Career Path” on
Feb. 19 at The CLE Conference Center. Vice Chancellor John E. Savoth (right) welcomed attendees.
Photo by Jeff Lyons
Photo by Jeff Lyons
Philadelphia Court of Common Pleas Judge Donna M. Woelpper (left) and
U.S. District Court Judge Cynthia M. Rufe were panelists for the program
More than 120 young lawyers and law students attended the program, which “Advice from the Bench.” The panel also featured Philadelphia Court of Com-
also included sessions on getting the most out of your first job, consider- mon Pleas Judges Paul P. Panepinto, Gary S. Glazer and Charles J. Cunning-
ations before staring your own practice and the nuts and bolts of networking. ham, along with Municipal Court Judge Bradley K. Moss.
Young Lawyer Boot-
camp Coordinator Ra-
chel Kopp (left) joins
YLD Chair Albertine Y.
DuFrayne at the happy
hour that followed the
program at Tavern on
Photo by Michael Petitti
Photo by Jeff Lyons
8 Philadelphia Bar Reporter March 2010 philadelphiabar.org
Make Some Time to Deal With Your Stress
It is no surprise By Albertine DuFrayne and I encourage you to is a public forum at Free Library of
that young lawyers
experience a lot of stress
and anxiety. We face
do the same.
I realize, however, that
this is not always possi-
Philadelphia branches where lawyers give
free legal advice and referrals to those in
the community, and several programs for
deadlines, the potential ble. During those weeks school students including, Lawyer in the Visit philawdelphia.wordpress.com
for liability and are often that really do not allow Classroom, Lawyer for a Day, the Edward to read the latest blog entries from
responsible for maintain- for a work-life balance, F. Chacker Essay Contest for high school the Young Lawyers Division.
ing client relationships. the March 2010 edition seniors and the YLD’s Poster Contest for
In addition to work-re- of Women’s Health maga- fourth- through eighth-graders. involved in the Philadelphia community.
lated stress, many young zine offers several helpful The YLD also coordinates other com- I hope you will join us for an event and,
lawyers face personal suggestions about how munity service events throughout the by doing so, take steps to lower the stress
and financial stress. to energize and de-stress year. A clothing and non-perishables drive in your life.
I recently experienced if you only have a few to benefit local homeless shelters takes If you want to find out more about
this first hand. On top of the usual minutes. These quick fix suggestions place every November. We help collect the YLD’s upcoming events, contact any
daily stress, in October I was diagnosed include listening to an energizing song, holiday gifts for Support Center for Child member of the Executive Committee,
with thyroid cancer. In November I had taking a moment to sit quietly, organiz- Advocates and the People’s Emergency visit the YLD on the Bar Association’s
surgery to remove half of my thyroid. In ing your desk to reduce clutter or adding Center. We also host a volunteer event at Web site or find the Young Lawyers Divi-
December I learned that I actually did peppermint to your day either by eating the local Ronald McDonald House and sion on Facebook and become a fan of
not have cancer. I definitely feel extremely a mint or using something peppermint coordinate volunteers to judge and coach our page.
lucky, not to mention very thankful, but scented in your office (but I suggest mak- Temple University’s John S. Bradway
the whole experience was overwhelmingly ing it mild to avoid creating more stress High School Mock Trial Competition. Albertine “Abbie” DuFrayne (adufrayne@pe-
stressful. Since the surgery, I have become by having your office neighbors confront The YLD is committed to providing trellilaw.com), an associate with Petrelli Law,
committed to leading a happier, lower- you for giving them a headache with an opportunities for lawyers to become more .C.,
P is chair of the Young Lawyers Division.
stress lifestyle. overpowering smell).
I started making time to do the things Another way that you can mitigate
that I like to do – spend time with family, stress and more fully live life is to become YLD Comedy Night May 22 with Dan Cummins
take a pottery class, actually cook healthy involved in the community. To do this, Comedian Dan Cum- The event begins at 7 p.m.
meals – without constantly stressing you can take advantage of the Young mins, who has appeared on Tickets are $65 if purchased
about what I am not accomplishing at the Lawyers Division’s very strong commu- Comedy Central’s “Live at by May 7 and $80 after May
office in that time. I realized that there nity service agenda. In April, the YLD Gotham,” “The Late, Late 7. The cutoff for ticket sales
is always at least one more thing to do at will host the annual Law Week celebra- Show with Craig Ferguson” is May 17. No walk-up sales
the office. It will never be the right time tion. Law Week is a series of activities and “Last Comic Standing,” will be available.
to do anything unless I make the decision aimed at introducing law to the public. will be the headline perform- All proceeds will benefit
that there is time. I started making time Events include Legal Advice Live!, which er at the 5th Annual YLD the Philadelphia Bar Founda-
Comedy Night and Silent tion. A link for registration
Auction on Saturday, May 22 will be available soon at
Supreme Court Deadline March 29 at the Franklin Institute, 222 N. 20th St. philadelphiabar.org.
The Philadelphia Bar Association Once you have successfully com-
will move up to 50 of our members for
admission to the Bar of the United States
Supreme Court on Monday, May 17. The
pleted the Admission Form, please mail
it along with a check made payable to
the Philadelphia Bar Association. The DeCola
admission ceremony will be made to the
full court sitting in Washington, D.C.
cost to attend the ceremony is $225
which includes your application fee and Detectives Inc.
The court’s requirements for a group a continental breakfast. Please include When You Need to Know
admission ceremony are very compre- an additional $25 if you plan to bring
hensive. To review these requirements a guest. Per the Supreme Court’s rule, We O er Special Investigative Services
and to download the forms for admission each inductee is permitted to bring only
please visit the Supreme Court’s Web site one guest. Please send payment to: Attn:
at supremecourtus.gov. Select the Bar Dawn Petit, Philadelphia Bar Association,
Admissions tab on the left-hand side and 1101 Market St., 11th Floor, Philadel-
this will bring you to the link for the Bar phia, PA 19107. Do not send the applica-
Admissions Form and Bar Admissions tion directly to the Supreme Court.
Instructions. Please read the instructions The event will be on a first-come, first-
carefully. Once you have determined that served basis and all applications must be
And Much More ...
you are eligible for admission, please print received by 5 p.m. on Monday, March
out and complete the Admission Form. 29, 2010.
The instructions and guidelines are very If you have any questions regard- 1- 800 - 466 -7568 | www.DeColaPI.com
specific and must be followed scrupu- ing this event, please do not hesitate to A Con dential Consultation is Always Free of Charge!
lously. Do not fold the application or use contact Dawn Petit at 215-238-6367 or
staples. Use paper clips only. email@example.com.
philadelphiabar.org March 2010 Philadelphia Bar Reporter 9
on the Air
Chancellor Scott F. Cooper was
interviewed by CBS 3 anchor Pat
Ciarrocchi about current legal issues
in the news and his agenda for the
year for the station’s “Newsmakers”
program on Feb. 24. The interview
was scheduled to air on March 7.
Photo by Mark Tarasiewicz
Task Force Looks at Benefits of Civil Gideon
n By Jeff Lyons the paid private bar. foreclosure crisis. Sullivan added the study benefits associated with providing counsel
The Civil Gideon Task Force has three will ultimately include an assessment of to tenants in eviction cases. The research
The Philadelphia Bar Association’s working groups – housing, family law the impact of not providing counsel in design will suggest the most appropriate
Civil Gideon Task Force, which has been and education and communications. foreclosure proceedings. methodologies, instruments and study
investigating how to provide counsel to “This year, the Task Force will focus on “Tenants are unrepresented at a much sites. The other city involved in the NPC
low-income persons in adversarial civil the studies but also on educating the higher rate than landlords. It’s a way to study is Tacoma, Wash.
proceedings where critical human needs larger legal community about the need level the playing field,” said CLS Execu- In February, NPC was to release a
are at stake, is moving its focus in 2010 for Civil Gideon as well as promoting tive Director Catherine C. Carr, who also report with the idea to interest funders to
toward studies that demonstrate the concrete projects that demonstrate the serves as co-chair of the Civil Gideon do a more expansive longitudinal study,
societal and economic benefits of such value of legal representation in housing Task Force. which would ideally include funding a
representation in matters involving hous- and family law, in particular,” said Joseph “We are hopeful the NPC study grant to an agency like CLS to provide
ing and family law. A. Sullivan, co-chair of the Task Force. provides data and evidence that having representation to tenants in eviction cases.
Philadelphia has been chosen by NPC Sullivan said there is an on-going an attorney in a landlord-tenant court Sullivan said the Task Force believes
Research of Portland, Ore. as the target of three-part study of the city’s Mortgage case decreases homelessness and increases such studies, reflecting the benefit of
a study on the effects of providing counsel Foreclosure Diversion Project being the ability of people to stay in their home having civil representation for housing
in civil housing cases. That study will conducted by the Philadelphia-based and in homes that are in better shape,” and family law matters, will be compel-
focus on how legal services are delivered Reinvestment Fund. He said that the first she said. “Often, cases in landlord-tenant ling in making the case for Civil Gideon.
to tenants and on the eviction court results of that study are expected shortly court involve the condition of proper- “When people are evicted and lose their
structure. The study will include looking and they will reflect data collection from ties. These cases are about the quality of homes, they often then lose their jobs.
at representation by Community Legal the Diversion Project that will illuminate housing and the ability of people to stay When they can’t work and pay taxes, then
Services, by pro bono attorneys and by the elements and the magnitude of the in their homes.” in many cases, they have to rely on public
Tenants facing eviction or similar assistance or other forms of income sup-
FJD Honors Pro Bono Work
problems come to CLS, Carr explained. port that are inadequate. And in many
Often the tenants come to CLS just days of these cases, this disruptive process also
before they’re facing eviction. “We have a puts their children’s education in peril.
pro bono program working with Dechert In short, a safe home is key to keeping
LLP and Pepper Hamilton LLP where families together,” he said.
we’ve set up a direct relationship with “By providing representation in these
counsel. We work closely with Tenant cases, you’re helping individuals and fami-
Union Representative Network, which lies and ensuring they can continue to be
does some education for tenants facing productive members of society and can
the eviction process. We provide legal contribute to the economic and financial
and technical support for them as well as well-being of society as a whole,” Sullivan
Photo by Jeff Lyons
The Civil Gideon Task Force was
created last year precisely because there For More Information
is no right to counsel in many civil cases For more information about the
Court of Common Pleas Judge Daniel J. Anders (from left), Chancellor
Scott F. Cooper, President Judge Pamela Pryor Dembe and Joseph A. Sul-
involving fundamental human needs. Civil Gideon Task Force, contact
livan gather at the law library in City Hall on Jan. 27 to present the First There is a growing national movement to co-chairs Catherine C. Carr at
Judicial District’s Pro Bono Roll of Honor. For the full list of honorees, visit create a right to counsel in cases of critical firstname.lastname@example.org or Joseph A. Sul-
www.courts.phila.gov/probonoawards. need. NPC will develop a research design livan at email@example.com.
tool aimed at measuring the costs and
10 Philadelphia Bar Reporter March 2010 philadelphiabar.org
Entries Sought for Ginsburg Legal Writing Contest
Entries are now being accepted for commitment to the development and
the Philadelphia Bar Association’s Eighth
Annual Legal Writing Competition in
honor of the Honorable Ruth Bader
recognition of excellent legal analysis and
writing abilities among Philadelphia-area
law students. These skills have always
Visit philadelphiabar.org for more
information about the Justice Ruth
Bader Ginsburg writing competition.
Ginsburg, associate justice of the U.S. been important to a lawyer’s success, and
Supreme Court. have become even more crucial in this The submission must be the work of one received by Monday, May 10 at 4 p.m.
The co-chairs of the competition economy,” said Edelman. author alone (joint submissions will not The author of the winning submission
are Kathleen D. Wilkinson, partner at This competition is open to full- and be considered), and the author must certi- will receive a cash award of $2,500, the
Wilson Elser Moskowitz Edelman and part-time law students who are in their fy that the submission has been prepared publication of the winning submission on
Dicker LLP and Secretary of the As- second or third year of study during the without substantial editing from others. the Bar Association’s Web site and/or in
sociation and Diane Penneys Edelman, 2009-2010 academic year at one of the Candidates may submit a law review an appropriate Bar Association publica-
assistant dean for international programs following six institutions: Drexel Univer- quality submission on any topic relating tion. The winner will be presented with
and professor of legal writing, Villanova sity Earle Mack School of Law, University to rights, privileges and responsibili- the award at the Association’s Quarterly
University School of Law. of Pennsylvania Law School, Rutgers ties under federal law. Entries must be Meeting in October.
The Bar Association recognizes the University School of Law – Camden,
importance of excellence in legal analysis Temple University Beasley School of
and writing skills, and seeks to award Law, Villanova University School of Law Program on Submitting to Editorial Pages April 22
a student enrolled in an American Bar and Widener University School of Law
Association-approved or provisionally (Delaware Campus). The Association’s Bar-News Media The Philadelphia Tribune; Idelle Howitt,
approved area law school for authoring a Part-time law students in their third or Committee will host “How and managing editor, Metropolitan Corporate
top-quality competition submission. later year of study are also eligible. Stu- When to Share Your Opinion with the Counsel; and Guy Petroziello, editorial
“This competition was created eight dents must be in good standing at their Press - Submitting to Editorial Pages” on page editor, Bucks County Courier Times.
years ago. It gives law students the op- institutions. The submission may not Thursday, April 22. Additional panelists will be announced.
portunity to show off their legal writing have been published previously, although Members will hear from editorial page The program will take place from 12
talents. The winner is invited to the Octo- it may have been prepared in connection editors from several area newspapers. to 1:30 p.m. at Bar Association head-
ber Quarterly Meeting to be recognized with a law school course or for a law jour- Panelists will include Bernard Dagenais, quarters, 1101 Market St., in the 11th
and presented with the award,” said nal. The submission also may not have editor of the Philadelphia Business Journal; Floor Conference Center. Click here to
Wilkinson. “This is an excellent way for a been submitted for any other competition Hank Grezlak, associate publisher and register. For more information about the
law student to distinguish oneself.” during the time when it is under consid- editor-in-chief of The Legal Intelligencer; Bar-News Media Committee, contact
“We are thrilled that the Bar As- eration for this competition, until after Lisa Hostein, executive editor, Jewish Ex- Committee Chair Gina Furia Rubel at
sociation has demonstrated a strong the time when awards are announced. ponent; Irv Randolph, managing editor of firstname.lastname@example.org.
philadelphiabar.org March 2010 Philadelphia Bar Reporter 11
In Their Own Words
Bar 5K is Her First Step Toward Marathon
This past New Year’s By Maureen M. Farrell Aside from the long- plan, let everyone know your goal. Now
I decided that I needed term health benefits, I you have to do it. As lawyers we are
to get back in shape. I’ve am less stressed and all- • Schedule your runs. You have a
always loved running, around a more congenial plan, now you have to fit them into your constantly taking
but want to push myself person. My family will schedule. Ross works with many run- on large amounts of
in 2010. I have been actually thank me for ners and has always urged them to run
a runner for years, but this. As a result the con- first thing in the morning, so that the work, but too much
since the law took over versation will be more pressures of the day’s schedule do not running at once can
my runs have been less palatable as well. interfere with the run. For many lawyers,
than productive. As law- Below are five short who might not be working just 9-5, quickly lead to burn-
yers, we know the law training tips I devel- scheduling a run during the day can be a out or injury. Three
can be all consuming, oped with my friend great stress reliever and re-energizer. This
cutting us off from other and running coach, absolutely makes me far more focused days a week is plenty
avenues of conversation and interests. Ross Martinson (a top-25 finisher at the and productive throughout the rest of the for anyone getting
How many times do we end up talking Boston Marathon) for getting started workday. It is far more effective than the
about issues surrounding the practice or maximizing your time amidst a busy mid afternoon coffee or chocolate. started.
of law outside of work? Our spouse or schedule: The midday run does require extra
significant other is stoically listening to • Pick a goal race. Your goal might be planning, flexibility, and sometimes thing during every run can be death of
it, but may not readily admit being a bit a marathon, 5K (like the 5K Bar Run on having to say no to something that may any running program. Keep things inter-
weary of the topic. May 16), or running one mile. Once you come up. esting by mixing up your runs. Instead
So I decided, after not running a mara- pick you goal you can work out a plan to Whatever time you run, says Ross, be of running three miles a day three days a
thon for more than 10 years, to train for achieve it. Check to see if you have any sure to start before you get home. Once week, try making each run unique. Use
one: Grandma’s Marathon in Minnesota. weeks during the training program where you come home the pull of the couch, one day for a slower but longer run and
I liked the name and the fact that they you may have schedule conflicts to avoid. kids, spouse or TV can be too much to an interval run. A “track workout” may
asked if I am a grandma. That signifies Having a plan can keep you from overdo- overcome. continued on page 14
how slowly I will probably run. ing it in the beginning as well. Lawyers • Break up your runs. Doing the same
In the process of preparation, I am go- tend to have very driven personalities, and
ing to run the Philadelphia Bar Associa- that makes it very easy to start out too
tion’s 31st 5K Run/Walk on Sunday, May quickly. We all want to be the best right
16. As a committee member last year I away, but running takes time. Beginners PHILADELPHIA RUNNER
saw how much hard work and effort went can’t go too short or too slow, as long as is a proud sponsor of the
into the event and am enthusiastic to run they get out there consistently. As lawyers
it this year.
I realize that running is tough to
fit into a full workload along with the
we are constantly taking on large amounts
of work, but too much running at once
can quickly lead to burnout or injury.
Philadelphia Bar Association
demands of family life. I know that mak-
ing physical activity a priority is worth it.
Three days a week is plenty for anyone
getting started. Once you have a realistic
ATTORNEY DISCIPLINARY / ETHICS MATTERS
Please join us for a short training session
at our 16th and Sansom location on
Thursday, March 18th at 6pm
Pennsylvania and New Jersey matters No charge for initial consultation in preparation for this year's race.
Representation, consultation and expert testimony in matters
involving ethical issues and the Rules of Professional Conduct This session will include training tips for busy runners
from Ross Martinson and Maureen M. Farrell, Esq. as well as
James C. Schwartzman, Esq. a 2-3 mile run and post-run social networking.
Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania Former Federal Prosecutor
Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania For more information contact Ross (email@example.com)
Pennsylvania Interest on Lawyers Trust Account Board
or Maureen (firstname.lastname@example.org)
Dana Pirone Carosella, Esq.
Representing attorneys in disciplinary/ethics matters for 13 years Author/Speaker on ethics matters
1818 Market Street, 29th Floor, Philadelphia, PA 19103
(215) 751-2863 215.972.8333
12 Philadelphia Bar Reporter March 2010 philadelphiabar.org
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philadelphiabar.org March 2010 Philadelphia Bar Reporter 13
Business Law Section Honors In Their Own Words
continued from page 12
sound like something just for varsity athletes, but these
workouts can make anyone’s runs more interesting. A
workout could be doing one mile where you alternate
going hard one minute with going easy one minute.
You will be surprised how much quicker time passes on
runs where you mix up the pace. New runners should
alternate running with walking on these runs.
• Bring a friend. Talk someone into training with
you and you both win. The chance of you skipping a
run when someone is waiting to meet up with you is
very low. This is a great networking opportunity if you
can find a group to run with at lunch, or after work.
Double points if this person is a spouse. We already
spend enough time away from our families. Why not get
fit with them?
Business Law Section Chair (from left)
Lee Applebaum is joined by Vincent • Enjoy it! How many hours do we spend staring at a
Capone, Dennis H. Replansky Award re- computer screen? After spending all day sitting and star-
cipient Herman C. Fala, Ralph Mauro and ing at a screen we are often in a rush to get home, and sit
2009 Section Chair Eric C. Milby at the and stare at a screen. We should be excited for any excuse
Section’s Annual Reception on Jan. 26 to be away from our desks.
at the Westin Philadelphia. Capone, vice
Dreading your morning run? Maybe you need to go
chair of the Venture Capital and Private
Equity Committee, accepted the award shorter, or slower, or find more sleep. According to Ross,
for the section’s Committee of the Year. if you build up your distance slowly, there is no reason to
Mauro, chair of the Mergers & Acquisi- dread any run. Like any good lawyer, I of course, disagree
tions Committee, was named Committee here. I may sometimes dread getting out there (nothing
Chair of the Year. Philadelphia VIP Exec- fun about a 20-mile training run), but I always feel better
Photos by Jeff Lyons
utive Director Sara Woods (right photo,
from left) accepts a $12,000 check for afterward!
LawWorks from Applebaum with Mark C.
Levy, president of the VIP Board. Maureen M. Farrell (NEWRY@aol.com) is an estate planning
and elder law attorney.
Harris T. Bock, Esq. Judge Richard B. Klein (Ret.)
Director Former Judge
PA Superior & C.P. Courts
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14 Philadelphia Bar Reporter March 2010 philadelphiabar.org
WOmEN IN tHE PROFESSION COmmIttEE
Nominees Sought for Sandra Day O’Connor Award
The Women in the Profession Committee is seek- presented the first award to U.S. District Court Senior Philadelphia; former Chancellor Audrey C. Talley; U.S.
ing nominations for the 2010 Sandra Day O’Connor Judge Norma L. Shapiro. The award has since been Court of Appeals Judge Marjorie O. Rendell; former
Award. Deadline for nominations is Monday, March 22. presented to the late Juanita Kidd Stout, former justice Pennsylvania Superior Court Judge Phyllis W. Beck; Ro-
The award is conferred annually on a woman attorney of the Pennsylvania Supreme Court; Deborah R. Willig, berta D. Pichini of Feldman, Shepherd, Wohlgelernter,
who has demonstrated superior legal talent, achieved first woman Chancellor of the Philadelphia Bar Associa- Tanner, Weinstock & Dodig; Lynn A. Marks, executive
significant legal accomplishments and has furthered the tion; Professor Marina Angel, of the Temple University director of Pennsylvanians for Modern Courts; Roberta
advancement of women in both the profession and the Beasley School of Law faculty; Third Circuit Court of .C.;
D. Liebenberg of Fine, Kaplan and Black, R.P and
community. The award presentation will be made during Appeals Judge Dolores K. Sloviter (former Chief Judge); JoAnne Epps, dean of Temple University Beasley School
the June Quarterly Meeting. U.S. District Court Judge Anita B. Brody; Leslie Anne of Law.
The committee established the award in 1993 to rec- Miller, first woman president of the Pennsylvania Bar As- Visit philadelphiabar.org to download a nomination
ognize the important contributions that women attorneys sociation; Lila G. Roomberg of Ballard Spahr Andrews & form. Please send nominations to the attention of Dawn
in Philadelphia have made to the legal profession. That Ingersoll, LLP; the late Judge Judith J. Jamison; Ellen T. Petit, Philadelphia Bar Association, 1101 Market St.,
year, U.S. Supreme Court Justice Sandra Day O’Connor Greenlee, chief defender of the Defender Association of 11th Floor, Philadelphia, PA 19107.
major international events, including the
Purchase tickets for the March
Quarterly Meeting by visiting
first Persian Gulf War, the U.S. military
continued from page 1 philadelphiabar.org. operation to restore the Aristide govern-
ment to Haiti and the inauguration of
$55 and are available at philadelphiabar. Nelson Mandela as president of South
org. correspondent in April 2005. He was Hussein. In December 2004, he traveled Africa. He was among the first correspon-
For the past year, King has anchored CNN’s senior White House correspon- with Secretary of State Colin Powell to dents to report in 1991 from a liberated
“State of the Union with John King,” dent from 1999 to 2005. Thailand and other South Asian countries Kuwait and received the top reporting
CNN’s four-hour Sunday news pro- He also contributed to CNN’s Emmy- to cover the disaster and aftermath of the prize for his coverage of the 1991 Gulf
gram that offers a blend of newsmaker winning 2006 mid-term election coverage tsunami that took more than 175,000 War from the Associated Press Managing
interviews, political analysis, national and as well as coverage of the 2004 presiden- lives in the region. He was also among the Editors’ Association.
world affairs, cultural segments, media tial race, the Iraq War, the 9/11 terrorist CNN crew that covered the aftermath Before joining CNN, King wrote for
analysis and commentary – and he will attacks, the tax-cut debates of 2001 and of Hurricanes Katrina and Rita from the the Associated Press, which he joined in
soon host his own evening news program 2003 and the war on terrorism. He has U.S. Gulf Coast in 2005. 1985. In 1991 he was named chief politi-
on CNN. conducted one-on-one interviews with an King was CNN’s lead reporter cover- cal correspondent and headed the AP’s
The 2008 campaign was the sixth array of senior officials, including Presi- ing Vice President Al Gore in the closing political coverage of the 1992 and 1996
presidential election King has covered. He dents Barack Obama, George W. Bush weeks of the 2000 presidential campaign presidential elections.
has traveled to important early election and Bill Clinton. and during the post-election recount Join us for lunch on Wednesday,
states to cover and interview major can- King traveled with Vice President controversy, and he interviewed Gore March 17, to hear John King’s behind-
didates and break news about campaign Cheney to the Middle East in March on several occasions during the 2000 the-scenes perspective on today’s top
developments. King joined CNN in May 2002 as the administration began to campaign cycle. political headlines. It’s a program you
1997 and was appointed chief national build support for confronting Saddam He has covered firsthand a number of won’t want to miss.
Philadelphia Bar Association Quarterly Meeting and Luncheon
Wednesday, March 17 at 12 p.m. at the Hyatt at The Bellevue, Broad and Walnut streets
• Featuring keynote speaker John King, host of CNN’s “State of the Union with John King”
• Presentation of ceremonial gold box to Immediate-Past Chancellor Sayde J. Ladov
Please make _______ reservations for the Philadelphia Bar Association’s Quarterly Return to:
Meeting and Luncheon. Tickets are $55 for members and $60 for non-members. Quarterly Meeting
Checks should be made payable to the Philadelphia Bar Association. Philadelphia Bar Association
1101 Market St., 11th floor
Name: ___________________________________________________ Philadelphia, PA 19107-2955
Firm/Employer: _____________________________________________ Credit Cardholder: ___________________________________________
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_______________________________________________________ Card number: ______________________________________________
Phone: ___________________________ Fax: ____________________ Expiration date: ____________________________________________
E-Mail: ___________________________________________________ Signature: ________________________________________________
Credit card payments should be faxed to Bar Headquarters at (215) 238-1159 | Purchase tickets online at philadelphiabar.org
philadelphiabar.org March 2010 Philadelphia Bar Reporter 15
recognize that. But we have to be able to ing.” He said he met “It’s not the sever-
Williams measure our own performance,” he said. the next day with one ity of punishment
continued from page 1 He said there are cases in the system of her deputies who that changes behav-
ligently in a collaborative way to address
that shouldn’t be there in the first place.
“We need to ensure that we’re only going
said the figure is closer
to 75 percent.
Spotlight ior,” Williams said.
“It’s the certainty of
Visit philadelphiabar.org to listen to
this broken criminal justice system.” to charge people who are guilty.” “Think about punishment. And we
the podcast from this meeting.
Williams said the blame for the current Williams said he has visited with the time we would do not have certainty
state of the criminal justice system can’t district attorneys from other jurisdictions save for victims ... at of punishment with
be placed on any one person. “Over time, to find ways to improve the office. “I was preliminary hearings. Think about the the way things are done currently.”
the system has evolved into a system that astounded when I met with the district money we would save in court costs and “Hopefully we can make some changes
is in some ways dysfunctional.” attorney of San Diego and she told me 40 court administration and police overtime so that this will become a more just sys-
“There are things that the District percent of all her cases result in negotiated if in fact we could figure out a way to do tem, a more efficient system and a more
Attorney’s Office is going to have to do guilty pleas before the preliminary hear- this like they do,” Williams said. cost-effective system,” Williams said.
with other partners and stakeholders in
the criminal justice system. But I also
recognize we’re going to have to get our
own house in order. And one of my first
priorities was reforming and revamping
the Charging Unit.”
The Charging Unit reviews the
preliminary police reports and drafts the
complaints as well as approves all the ar-
rest warrants and search warrants.
Williams said his office needs to begin
measuring how the taxpayers’ money is
March 2 PBA Probate & Trust Law Section March 2010 Probate & Trust Law
being spent. “You can’t quantify justice. I Section Quarterly Mtg: Closely Held Business Owners • The CLE Conf. Center
March 3 Handling the Workers’ Comp Case • The CLE Conference Center
Bar Academy March 4 5th Annual ADR Institute • The CLE Conference Center
Whose Money Is It Anyway? • The CLE Conference Center
continued from page 1
March 5 LLC Document Preparation in PA • The CLE Conference Center
Mental Illness & Other Psychological Problems with the Clients in Your Legal Practice
the American Revolutionary War. The The CLE Conference Center
light blue in the middle of the badge is March 9 David Binder on Pennsylvania Evidence • The CLE Conference Center
derived from the civic flag of Philadelphia Government Intervention in Parenting Decisions • The CLE Conference Center
The CLE Conference
and is a tribute to the team’s “Sons of Center
March 10 Autism: Fitting the Pieces Together • The CLE Conference Center
Ben” supporters club. The team’s primary Wanamaker Building
PLI - Doing Deals 2010: Understanding Transactional Practice • Simulcast - The CLE
crest is circular, symbolizing unity. The 13 Conference Center 10th Floor, Ste.1010
gold stars displayed along the base of the March 11 23nd Annual Civil Litigation Update • The CLE Conference Center
crest represent the original 13 Colo- PLI - Venture Capital 2010: Nuts & Bolts • Simulcast - The CLE Conference Center
nies, while the shield’s contour derives PBA WIP Mid-Year Meeting 2010 • The CLE Conference Center
from the Philadelphia coat of arms. The March 11 & 12 16th Annual Health Law Institute • Pennsylvania Convention Center 12th & Arch Streets
rattlesnake featured in the center of the March 12 Attorney Client Privilege in Pennsylvania and Beyond • The CLE Conf. Center
shield pays homage to a political cartoon Special Needs Trusts • The CLE Conference Center
by Benjamin Franklin that was featured Renewable Energy & Energy Efciency: Key Financial Incentives for Businesses The Westin
in multiple editions of the Pennsylvania Simulcast - The CLE Conference Center Philadelphia
Gazette in the 1750s. The rattlesnake March 15 - 17 PLI - Counseling Clients in the Entertainment Industry 2010 • Simulcast - The CLE 99 S. 17th St. at Liberty
became a national symbol during the Conference Center Place
American Revolution, representing the March 16 Psychology & Technology for Commercial Litigators • The CLE Conference Center
danger of disunity, and was featured on Primer on the Fair Debt Collection Practices Act • The CLE Conference Center
the Gadsden flag. Union’s secondary logo March 17 Guardianships 101 • The CLE Conference Center Wachovia Center
also features the rattlesnake, along with March 18 Five County Trafc Court Practice • The CLE Conference Center 3601 S. Broad St.
the motto “JUNGITE aut PERITE,” a March 18 & 19 22nd Annual PBA Minority Bar Conference • The Westin Philadelphia
Latin phrase meaning “JOIN or DIE,” March 19 PLI - Green Real Estate Summit 2010: What Attorneys, Developers, Regulators,
which was displayed by Franklin in his Tenants & Lenders Need to Know • Simulcast - The CLE Conference Center
cartoons along with the rattlesnake. Integrity: Good People, Bad Choices & Life Lessons from the White House • The Call PBI Customer Service
The last professional outdoor team CLE Conference Center at
March 22 The 10 Commandments of Capital Case Law • Simulcast - The CLE Conference Center 1-800-247-4724
to call Philadelphia home, the Atoms, to register for a course or
played in the North American Soccer March 23 PLI - International Arbitration 2010 • Simulcast - The CLE Conference Center for more information.
League and won the league championship Contempt of Court • The CLE Conference Center
Or, go to
in its inaugural season in 1973. March 24 Facebook, Twitter, & Blogging...Oh MySpace! - Legal Issues with Social Networking www.pbi.org.
The Philadelphia Bar Association Sites • The CLE Conference Center
Academy, launched this year by Chancel- Commercial Document Series 2010: Shareholder Agreements • The CLE Conf. Center
lor Scott F. Cooper, lets members register March 26 CLE With The Sixers - Dropping the Ball & Double Dribbling • Wachovia Center
for free or modestly priced courses that March 26 & 27 Land Use Institute - 2010 • The CLE Conference Center
will help them be part of the city and March 31/Apr. 1 PLI - Asset Based Financing in Today’s Economy • Simulcast - The CLE Conf. Center
become better-rounded people.
To register for this free program, visit
philadelphiabar.org. Lunch is available for
$15 for those members who pre-register.
16 Philadelphia Bar Reporter March 2010 philadelphiabar.org
From the Editor’s Desk
Smooth Transition for New Editor-in-Chief
As I sit here to write my first editorial in my life. After Korea and would me to this point, writing my first column
By Asima Panigrahi
column, I think back to how I started to three years of law school and not be able to as editor of the Bar Reporter. We have
write for the Philadelphia Bar Reporter in training my brain to write continue her role recently appointed several new members
the first place. I was clerking for Phila- in legal style, I was not even as editor, at first I to the Editorial Board, and I think that
delphia Court of Common Pleas Judge sure whether I would be able dismissed the idea of they will be able to bring a fresh perspec-
Denis Cohen right after law school in to write in an editorial style. volunteering myself tive to the paper. If any members of the
2003. He was co-chair of the Profes- As a matter of fact, I was not for the position. I Bar have ideas, comments or criticisms
sional Responsibility Committee at the quite sure exactly what edito- thought “how could regarding the paper that they would like
time. I would attend the meetings with rial style was. I come up with to convey, please feel free to direct them
the judge and take notes for him, and as I guess my first article was interesting topics to my attention.
a result, I eventually became secretary of not as bad as I feared because to write about and There is a lot of work that goes into
the committee. That was my first official it actually made its way into head up the board, putting this paper out every month, but
“position” with the Bar Association and the paper and I continued to while also practicing we are always looking for ideas and ways
I felt like I was actually contributing write articles on the committee meetings law?” At first, it seemed like an impos- to make the paper more appealing to our
something extra to the Bar Association from that point forward until the end of sibility for me. But then upon further re- members. I am certainly looking forward
community. my clerkship in 2005. I was eventually flection I thought, maybe I could take on to making as much of a contribution that
During the course of the committee appointed to the Bar Reporter Editorial the job after all. I mean, if Sunah could I can to the Bar Reporter over the next
meetings, I eventually met Jeff Lyons, the Board and have been there ever since. go thousands of miles away for a new job year and am thankful for the opportunity.
Bar Association’s senior managing editor Over that period of time, I have seen the in a country where she did not even fully
of publications, and he asked if I would paper go through format changes, board speak the language, the least I could do Asima Panigrahi (Panigrahia@whiteand-
be interested in writing an article on a members, features and editors-in-chief. was to try to fill her shoes and help keep williams.com), an associate with White and
committee meeting and I agreed, despite When I heard that Sunah Park, the things running smoothly. ,
Williams LLP is editor-in-chief of the Phila-
the fact that I had never written anything former editor-in-chief, had taken a job in So that, in a nutshell, is what brought delphia Bar Reporter.
SeniorLAW Center Planning Senior Prom for April 23
The SeniorLAW Center Event Committee met to plan its
April 23 special event, “SENIOR PROM!” a night of danc-
ing, food and celebration for all ages. Pictured (front
row, from left) are honorary co-hosts Joan and David
Denenberg and and Bar Association Immediate-Past
Chancellor Sayde J. Ladov. Shown in the second row
(from left) are Board member Richard J. Conn, event co-
chairs and Board members Gay Parks Rainville and Shari
J. Odenheimer, Board Chair Wendy E. Bookler, Executive
Director Karen Buck and Director of Development and
Finance Larry Felzer. Not pictured are honorary co-hosts
David Ladov and Vera and Al Dandridge. The event will
be held at the Westin Philadelphia from 6 to 11 p.m.
Children and prom attire are welcome. For tickets and
Photo by Jeff Lyons
information, visit www.seniorlawcenter.org, call 215-
701-3203 or e-mail email@example.com.
Pharmaceutical Product-Injury Litigation Scientist APPELLATE LITIGATION
PhD Pharmacologist/Licensed Pharmacist FEDERAL/STATE/CIVIL/CRIMINAL/ADMINISTRATIVE
30 years experience in Pharmaceutical industry 28 Years of Successful Appellate Court Practice and Experience.
Drug-drug Interactions, Drug-related Adverse Eﬀects Aggressive, comprehensive and eﬀective appellate representation provided
at all levels, including federal habeas and PCRA proceedings.
Literature searches, Identiﬁcation of key medical articles
Create searchable databases, Organization of literature Member of Bars of U.S. Supreme Court, ird Circuit,
Pennsylvania and New Jersey Supreme Courts.
Literature extractions /summaries/slides; assistance in working with expert witnesses
Chief Staﬀ Attorney to Chief Justice of PA (1984-88).
Attend scientiﬁc conferences & prepare reports
Law Clerk to Justice/Chief Justsice Robert N.C. Nix, Jr. (1983-84);
Identiﬁcation of Expert Witnesses and Opinion Leaders Chief Justice Henry X. O’Brien (1981-82).
CONTACT: J.D., University of Pennsylvania Law School 1981.
Jan M. Kitzen, RPh, PhD JOSEPH R. VIOLA
610.329.9894 1900 Spruce Street | Philadelphia, PA 19103 | (215) 893-0700 | firstname.lastname@example.org
e-mail: email@example.com | http://www.linkedin.com/in/jankitzen WWW.LAWYERS.COM/JRVIOLA
philadelphiabar.org March 2010 Philadelphia Bar Reporter 17
Feasts to Famine
Great Dining Blossoms at Chinatown Eatery
Sakura Chinese Noodle House that had served If you spend more By Skinny D’Bockol a soy-ginger or hoisin
1038 Race Street tons of scalding wontons accompanied by than $40 per family- broth.
(215) 873-8338 dozens of white-lipped ladles. A plethora of-five at this BYO, “Eat with sauce,” de-
of sliced hot cherry peppers and sordidly my guess is that your mands our plain-clothed
Its front glass exterior makes this scorching sauces flavored the soups, stomachs will be up the waiter kindly. “No good
corner shebang look as if it were the requiring the omnipresence of hundreds Yangtzee without pad- without sauce.”
Asian version of a huge fluorescent glow- of thin napkins. The napkin-tissues were dles, gorged. This is the The faces children
worm. Frankly, in the evening, the well- a necessity, to wipe your brow, nose, perfect place to Shanghai make can be scary at
lighted interior is a luminescent reverie mouth, hands, chin, clothing and finally your entourage, espe- times, especially when
of a seeming pan-Asian luncheonette. As your eyes, in heated, tearing disbelief. cially young children, to confronted with tart-
you enter, a three-chair sushi-tushie-bar Sakura’s fare is mellow in contrast, fla- introduce them to the flavored green onion
deli-counter is to your left, up a level; and vored in Mandarin fashion, with choices sounds and the visual sponginess between
to your right is a “banquet hall” prolifer- of items infused with alleged Shanghai feel of authentic Chinese their cheeks, so be cer-
ating with tables covered by white linen and Japanese specialties. Nevertheless, noodle notions. tain to have an order of mini-dumplings
cloths beneath clear plastic protectors. when in Chinatown, do as the locals do: You may desire to begin your meal nearby to return the twinkles to their
Three long tables are set to seat eight Mandarin’s a must. In fact, the first few with scallion pancakes to initiate the eyes. A dozen dumplings are displayed
patrons upon lattice-backed wooden times you come here for lunch, dinner or youngsters to a definitive cultural lesson. in an oblong deep dish. They are large
chairs; six smaller tables seat four, one take-out, simply listen to and watch what Two flattened and folded golden thin pinched flat noodles completely embrac-
for three and one for two. Everywhere the Asian customers are ordering. More pancakes appear on white concave plates ing, if not choking, chopped shrimp and
are miniature white teapots ready to be than 60 percent of the diners are speaking upon which rest separate cylinders of dark pork mounds. All seem to squirm in
poured. In one corner, a palm’s fronds various Oriental dialects, all seemingly sauces. American pancakes, of course, fragrant peanut oils. The kids soak their
stick out and upward toward a high understandable to the pleasant and atten- are round and fluffy, ready for buttering tongues around the slippery wrappings
dropped-ceiling. Open brown cardboard tive wait-staff. English may not be as easy and sweet jelly toppings or syrup. The and let their mouths churn upon the
boxes with Chinese lettering adorn other on the servers’ tongues, but the pictorial Chinese version, on the other hand, is interiors while dipping chopsticks to
corners of the eatery. displays on the menu allow pronounced limply lengthy and soggy, studded with garner more.
This used to be the location of Nice pointing to become good manners. bits of scallions waiting to be dipped into continued on page 19
Make Sure Your Professional Announcements
Are As Professional As You Are!
The Philadelphia Bar
Reporter reaches over
3.5 times as many
professionals within the
legal community as any
ANNOUNCEMENTS honoring new partners, other legal publication.
promotions, and accomplishments are some of And PBR’s one-month
your ﬁrm’s most important public relations tools.
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at (410) 902-5797 or firstname.lastname@example.org
The Monthly Newspaper
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18 Philadelphia Bar Reporter March 2010 philadelphiabar.org
Arts & Media
Chopin’s Work is Perfect for the Piano
that he composed much of the work that is to suggest that they are something less
n By Marc W. Reuben remains his monument and where he lies than the superb music they are. To the It is the intellect
buried (his heart was taken to Poland.) beginner, his music is an overwhelming
This month marks the bicenten- But the forms of Polish music are the blur of notes that young fingers would of a fine pianist that
nial of the birth of Frederic Chopin, a backbone of much of what he wrote. The find difficult to master. Yet with time appreciates the music
composer from the Romantic era who is stately and martial polonaise, and the folk and practice, each of those many notes
most closely associated with music for the dances that have come to be called ma- becomes an individual vehicle of expres- of Chopin the most.
piano. zurka, comprise a large portion of what sion. Played by the right performer, the
Being an old student of that instru- Chopin wrote. He composed 57 mazurka music is as perfect as anything written for
ment, and having meandered though and more than a dozen polonaises, all of the piano could be. ing. Those who bang (most notably the
much of his ouvere, I am inclined to them memorable and diverse. And all of The fabled “heroic” polonaise may famous Ignace Paderewski) can hammer
point out that since his death no one them are difficult to play in piano because possibly be the most familiar of his works. out some of the more dashing pieces. But
has risen to the poetic heights achieved the performance of his finger-twisting The popular song “I’m Always Chas- it is the intellect of a fine pianist that ap-
by him. The strains of melody that he chords and delicate melodies require a ing Rainbows” comes from the Fantasy preciates the music of Chopin the most.
created are so beloved as to be organic. degree of control that can be mustered by Impromptu. The “military” polonaise In our modern era there are many
The musical forms used by him, many of only a few artists. was played on radio by the resistance in fine performers who have committed
them based upon Polish folk styles, are Of the forms used by him, the noc- Warsaw at the opening of World War II. the work of Chopin to disc. Excellent
the telling point in his compositions. The turne, a subtle type of composition that Chopin was afflicted by respiratory recordings of the music of Chopin have
polonaise is a fabled dance of the upper can be likened to a lullaby, is also famous. disease for most of his adult life. He died come from Russians Evgeny Kissin and
class, the mazurka is the dance of the The ballade is not a strict form, but a type in Paris at age 39 in 1849. It is said of Boris Berezovsky. The complete works
peasant, and the waltz an expression of of melodic/thematic music that Chopin him that he was not a strong man and are surveyed by the American Garrick
romantic love. embraced in four notable instances. He therefore did not play his own pieces with Ohlsson and by Vladimir Ashkanazi as
Chopin was born in Poland in 1810, wrote two piano concertos and numerous the fire and strength that they demanded. well as performances by notables such as
but spent the last 18 years of his life in sonatas, in addition to many preludes, This meant that he was a more subtle Robert Casadesus, Van Cliburn, Ignacy
Paris where he carried on a famous affair which are the most demanding of finger pianist, and there was much in his music Jan Paderewski and Vladimir Horowitz.
with author George Sand. It was in Paris exercises – except to call them exercises that called for the most suggestive play- continued on page 20
Feasts to Famine
It’s time to add
platter with greens and mushrooms
continued from page 18 intermingled in a sweet sesame slurping
gravy. Chopsticks are used in a shoveling
Now, allow young eyeballs to gaze
toward something steamed in bamboo.
fashion, with mouths no further than
two inches from the plate. Eventually, Wharton to
Juicy buns are contoured purses whose
square sheet of thick wrapping is twisted
into spirals of protruding “outty” bel-
gobbling chins graze the noodles, at-
tempting to whistle them in by inhal-
ing whatever is prodded upward by the
lybuttons. Six rest comfortably upon “utensils.” Children at the table begin Information Session:
a wilted green lettuce leaf. Liplike in laughing when looking at each other, a
Accelerate your career at Wednesday
texture, the perimeters are filled with a feat made extremely messy when parents one of the world’s leading March 24, 2010
choice of shrimp or pork or crabmeat. are likewise overcome by giddiness. Small business schools. 3730 Walnut Street
Juices drip wantonly. The sensation one eating plates’ splattering overflow requires
feels is that of a messy kiss. Young teens the need for the aforementioned plastic Give yourself the skills and tools you need to stand
Information Session from
will beg for another round. “Don’t forget tablecloth-coverlet protection. out in today’s job market. Join us to learn how a 6:00 p.m. to 7:30 p.m.
sauce,” says our waitress. Allow me to name some of the more Wharton Certiﬁcate can prepare you for success.
Soup is provided in a fiesta-red bowl exotic selections to frighten fanciful
with enough wontons for four adults. young men and women – wine soaked Wharton’s convenient, ﬂexible programs for work-
The Shanghai wonton soup special is a duck tongues, lion’s head and tripe salad. ing professionals offer the following Certiﬁcates:
richly cooked clear broth whose chickens’ I’d stick at first to the basics, with more or e-mail:
bodies and bones had to have been sim- common adventurous family fare like wharton-wpwp@wharton.
upenn.edu and reference
mering in it overnight. This concoction is slivered scallops, snow peas, bean sprouts, The Philadelphia
the closest one can achieve in Chinatown engraved-cut carrots and fresh bamboo Bar Reporter.
today to the original versions served at shoots.
South China or 919, restaurants that had Sakura means cherry blossom. It’s
been built and flourished in early 1950s fun to watch kids blossom beside you in Credit-earning courses are held in the evening at Wharton’s
Philadelphia when there’d been a Chinese Chinatown.
three years of work experience required for admission.
wall. The skins are silken and seem to be NULLEM CRIMEN, NULLA PO-
smiling, embedding meaty balls textured ENA, SINE NOODLAE
by bits of ginger and sprinklings of cab-
bage and green scallion rounds. Skinny D. Bockol, a sole practitioner, is an ad- Wharton Programs for
Thickest “spaghetti” noodles culminate visory editor of the Philadelphia Bar Reporter. Working Professionals www.whartoncertiﬁcates.com
in an Udon blend, piled high on a square Read his reviews online at bockol.com.
philadelphiabar.org March 2010 Philadelphia Bar Reporter 19
Editor’s note: The following are sum- 2009-202T Attorney may not now with client who wants to sue that com- ed in personal injury contingent case may
maries of opinions issued by the Professional represent client in divorce who had used pany, should disclose stock ownership to write to defendant’s carrier for periodic
Guidance Committee. The committee’s as family law mediator a now-deceased client as a matter of client relations, but updates and to have name put on any
jurisdiction is limited to rendering opinions partner in firm, without informed con- does not have conflict. settlement check, with copy to successor
about prospective ethical conduct by inquir- sent waiver from other spouse. 2009-246T Attorney has duty to counsel.
ers who are members of the Philadelphia 2009-203T Attorney must withdraw report, with client consent, out-of-state 2009-287T Attorney who represented
Bar Association. The letter “T” following from representation before suing client attorney who filed complaint in Pennsyl- mother in custody dispute may not
an opinion number indicates a telephone for balance of fee. vania court against client. now, over mother’s objection, represent
inquiry. Attorneys who wish to ask a ques- 2009-206T Attorney representing son 2009-247T Attorney sharing space grandparents in custody dispute over
tion, obtain copies of committee opinions or in criminal matter cannot communicate with non-attorney tenant, and with an- same child.
ask the committee to issue a formal opinion with parents’ attorney in civil rights case other tenant, an attorney and occasional 2009-295T Attorney who believes
should contact Paul Kazaras, Esq., the As- arising out of son’s arrest without client adversary, must safeguard client files he is guilty of malpractice has duty to
sociation’s deputy executive director, at (215) consent. under locks, and must appropriately train disclose to client.
238-6328. 2009-209T Attorney representing shared support and technical staff on 2009-309T Attorney cannot represent
client in immigration matter that resulted maintaining client confidentiality. both parties in negotiating and drafting
n Summarized by David I. Grunfeld in deportation cannot turn over file to 2009-266T Attorney who learns that a pre-nuptial agreement, a non-waivable
son’s parents for transmittal to successor opposing counsel is on administrative conflict, nor can another lawyer in firm
2009-172T Attorney admitted in counsel without son’s authorization. suspension must cancel scheduled deposi- represent other party.
another state as well as Pennsylvania is 2009-212T It is a non-waivable tion, and tell opposing counsel why, so as 2009-316T Former judge cannot
not obligated to disclose that on business conflict for two lawyers in the same firm not to aid and abet unauthorized practice use title on letterhead, cards, etc. when
cards but may do so. to represent two defendants, in the same of law. engaged in private practice of law.
2009-181T Attorney representing action, who have cross-claims against 2009-268T Attorney may stop pay- 2009-319T Targeted direct mail so-
husband and wife in defense of foreclo- each other. ment on IOLTA check to client’s medical licitation is allowed in criminal cases pro-
sure action in Pennsylvania now has a 2009-223T Attorney who settled provider that is believed to have been lost vided there is compliance with content
conflict when parties have separated and case for husband and wife and has funds in the mail, and pay any bank charges and record keeping requirements under
each has divorce counsel; conflict may in escrow, and who receives letter from with funds from operating account. Rules 7.1 through 7.7.
be waived with informed consent, but wife’s attorney claiming funds are marital 2009-273T Attorney representing 2009-323T Pennsylvania law firm
inquirer may want to withdraw if parties property, must retain in IOLTA account client in criminal case can have authoriza- may hire attorney only licensed in New
not cooperating. or move to interest-bearing account. tion signed to take fee from contingent Jersey but letterhead must disclose juris-
2009-187T Attorney served with writ 2009-239T Law firm’s marketing con- personal injury case for same client, with dictional limitations.
of execution by client’s judgment creditor sultant may not name firm’s top clients compliance with R. 1.8a1-3, and notice
must hold in escrow sufficient funds from without express client authorization. that if no recovery is made fee is still David I. Grunfeld, an attorney with Astor
client’s share to address debt collection, 2009-243T Attorney who owns small owed. ,
Weiss Kaplan & Mandel, LLP is a member of
and may distribute balance. amount of stock in large public company, 2009-279T Attorney who is terminat- the Professional Guidance Committee.
Arts & Media
continued from page 19
be divided into periods. A younger
man dashed off Chopin’s music with VIP Honors Henry Clinton
But of them all, two very fine pianists
stand above the rest. Romanian Dinu
a brio that sent chills down the spine.
His recordings from the 1930s cover
the range of Chopin’s music, and they
as Volunteer of the Month
Lipatti, who died even younger than are quite fine. But his work after 1950 This month, Philadelphia homeownership clients are
Chopin, did not record many works. is that of a mature genius who relishes VIP recognizes Henry M. provided with certain costs of
But his renditions of Chopin waltzes the song and rhythm found in quieter Clinton, a member at Eckert transferring title on a fair and
remains at the top of most lists for rec- performances of the same music. You Seamans Cherin & Mellott, consistent basis. The com-
ommended listening. The lithe manner hear more and appreciate more. This LLC, for his outstanding mittee meets 10 times a year.
and effortless phrasing on display are re- despite the fact that recordings of the volunteer assistance to VIP Clinton is now representing
markable in these late-1940s recordings same music made many years apart clients. a client who purchased her
(in excellent sound). His style is simple seem so different. This was a man who Clinton began volunteering home 12 years ago, paying off
and at the same time overwhelming. never stopped trying to appreciate his at VIP in 1992 and has since significant back taxes during
His musicianship is clear and devoid of gift and explored it every time he sat at helped numerous VIP clients. that time; however, the record
excess. the piano. His CD “Selections from the He has used his vast real owner failed to transfer legal
The finest of all performers of Chopin Collections” contains perfor- estate expertise to help VIP’s title to the client.
Chopin’s music is the Polish-American mances of a lifetime. Along with the homeownership clients, acting Henry M. Clinton Because of his dedication
Arthur Rubinstein. What distinguishes Lipatti waltzes, any lover of music could as a volunteer attorney on ,
to VIP acting as volunteer,
Rubinstein is the fact that his playing well sit on a desert island with joy in the roughly 20 VIP cases. He has also shared mentor, and committee member, Clin-
displays no trace of conscious effort. heart just listening. this extensive real estate knowledge with ton has impacted so many Philadelphia
Whereas some performers try to cre- VIP staff members and volunteer attorneys neighborhoods by helping provide a secure
ate effect, with Rubinstein the music Marc W. Reuben (email@example.com), by making himself available as a mentor on home for VIP clients and their families.
simply comes out of the air. Everything a sole practitioner, is an advisory editor of dozens of other VIP cases. For his commitment and dedication to our
the man put his hand to seems fresh the Philadelphia Bar Reporter. He has been Clinton generously served for five years homeownership clients, Philadelphia VIP
and new, even pieces he played many writing about the arts and media since on the Tangled Title Fund’s Advisory Com- offers our heartfelt appreciation to Henry
times before. Moreover, his career can 1973. mittee, which ensures that low-income M. Clinton.
20 Philadelphia Bar Reporter March 2010 philadelphiabar.org
CALENDAR OF EVENTS
Note: While the following listings have been verified prior to press time, any scheduled LegalLine: 5 p.m., 11th floor LRIS Workers’ Compensation Section Execu-
event may be subject to change by the committee or section chairs. offices. tive Committee: meeting, 10:30 a.m.,
11th floor Committee Room.
Thursday, March 18
Monday, March 1 Women in Intellectual Property Com-
Family Law Section Executive Com-
Workers’ Compensation Section: meet-
Family Law Section: meeting, 12 p.m., mittee: meeting, 12 p.m., 11th floor ing, 12 p.m., 11th floor Conference
mittee: meeting, 12 p.m., 11th floor
10th floor Board Room. Lunch: $8. Conference Center. Lunch: $8. Center. Lunch: $8.
Committee Room South.
Young Lawyers Division Cabinet: meet- Delivery of Legal Services Committee
Tuesday, March 2 ing, 12p.m., 10th floor Cabinet Room.
Lawyers in Transition: seminar, 12 p.m.,
Management Subcommittee: meeting, 9
Committee on the Legal Rights of Per- 11th floor Conference Center. Lunch:
Public School Education Committee: a.m., 10th floor Board Room.
sons with Disabilities: meeting, 9 a.m., $8.
meeting, 4 p.m., 11th floor Committee Medical Legal Committee: meeting,
11th floor Committee Room. Room South. Friday, March 19 12 p.m., 11th floor Committee Room
Wednesday, March 3 Thursday, March 11 Social Security Disability Benefits Com- South. Lunch: $8.
Delivery of Legal Services Committee: mittee: meeting, 12 p.m., 11th floor Delivery of Legal Services Committee
Legislative Liaison Committee: meeting,
meeting, 8:30 a.m., 10th floor Board Conference Center. Lunch: $8. Civil Gideon Task Force: meeting, 12
12:30 p.m., 10th floor Board Room.
Room. Business Development Series: seminar, p.m., 10th floor Board Room.
State Civil Litigation Section: meeting, 12 p.m., 10th floor Board Room.
Thursday, March 25
12 p.m., 11th floor Conference Center. Friday, March 12
Monday, March 22 Lawyer Referral and Information Service
Lunch: $8. Business Development Series: seminar,
Young Lawyers Division Executive Com- Committee: meeting, 12 p.m., 11th
Intellectual Property Committee: meet- 12 p.m., 10th floor Board Room.
mittee: meeting, 12 p.m., 10th floor floor Committee Room South.
ing, 12 p.m., 11th floor Committee The Philadelphia Lawyer magazine Edi-
Board Room. Elder Law Committee: meeting, 1 p.m.,
Room South. Lunch: $8. torial Board: meeting, 12:15 p.m., 11th
Green Ribbon Task Force: meeting, 12 10th floor Board Room. Lunch: $8.
floor Committee Room South.
Friday, March 5 p.m., 11th floor Committee Room Board of Governors: meeting, 4 p.m.,
LGBT Rights Committee: meeting, 8:30 Monday, March 15 South. Lunch: $8. 10th floor Board Room.
a.m., 10th floor Board Room. Public Interest Section Executive Com- Law Practice Management Division
mittee: meeting, 12 p.m., 10th floor
Friday, March 26
Business Development Series: seminar, Technology Committee: meeting, 12
Business Development Series: seminar,
12 p.m., 11th floor Committee Room Board Room. p.m., 10th floor Board Room. Lunch:
12 p.m., 10th floor Board Room.
Tuesday, March 16
Tuesday, March 30
Monday, March 8 Cabinet: meeting, 12 p.m., 10th floor Tuesday, March 23
Women in the Profession Committee:
Business Law Section Executive Com- Board Room. Delivery of Legal Services Committee
meeting, 12 p.m., 10th floor Board
mittee: meeting, 12 p.m., 10th floor Philadelphia Bar Foundation Board of Resource Development Subcommittee:
Room. Lunch: $8.
Board Room. Trustees: meeting, 12 p.m., 11th floor meeting, 8:30 a.m., 10th floor Board
Criminal Justice Section: meeting, 12
Conference Center. Room.
Tuesday, March 9 Employee Benefits Committee: meet-
p.m., 11th floor Conference Center.
Criminal Justice Section Executive Com- ing, 12:30 p.m., 11th floor Committee
Wednesday, March 24 Lunch: $8.
mittee: meeting, 12 p.m., 10th floor Room South. Lunch: $8.
Board Room. Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks
Wednesday, March 17 for luncheons and programs should be made payable to the Philadelphia Bar Association and
Wednesday, March 10 Quarterly Meeting and Luncheon: 12 mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, PA 19107-2955. Send
Appellate Courts Committee: meet- p.m., Hyatt at The Bellevue, Broad and Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia
ing, 12 p.m., 10th floor Board Room. Walnut streets. Tickets: $55, philadel- Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, PA 19107-2955.
Lunch: $8. phiabar.org. Fax: (215) 238-1159. E-mail: firstname.lastname@example.org.
HAP Annual Benefit Set for April 8 at Ritz-Carlton
The Fundraising Committee from the Homeless Advocacy Project
gathers Feb. 8 at the offices of Morgan, Lewis & Bockius LLP.
Pictured are (front) Marsha Cohen, HAP executive director; (sec-
ond row, from left) Blaine Stanley, ACE; Jack L. Foltz; J. Gor-
don Cooney Jr. of Morgan Lewis; (third row, from left) Andrea
Bloch, HAP development director; Sara Brandes, LEXIS-NEXIS;
Cary Moritz, HAP volunteer coordinator; (fourth row, from left)
Margaret A. Morris, Reger Rizzo & Darnall LLP; Kevin Stepanuk,
Exelon; Madeline M. Sherry, Gibbons P.C.; Caitlin M. Piccarello,
Saul Ewing LLP; (back row, from left) James E. DelBello, Mor-
gan Lewis; Ethan D. Fogel, Dechert LLP; and Stephen G. Harvey,
Pepper Hamilton. HAP’s April Benefit will be held Thursday, April
8 at the Ritz-Carlton, 10 Avenue of the Arts, beginning at 5:30
p.m. At the event, HAP will honor Sandy Ballard, founding HAP
executive director; Christopher C. Fallon Jr., founding HAP board
member and former HAP board president; and Jack L. Foltz, for-
Photo by Jeff Lyons
mer HAP board president and former vice president and general
counsel, Sunoco. The event will feature complimentary cocktails
and hors d’oeuvres and a silent and live auction. For more infor-
mation, visit homelessadvocacyproject.org.
philadelphiabar.org March 2010 Philadelphia Bar Reporter 21
Kenya Mann Todd Kantorczyk, a partner with Manko,
Faulkner, a partner ,
Gold, Katcher & Fox LLP discussed
with Ballard Spahr the history and potential ramifications
LLP has been reap- of EPA’s endangerment finding at the
pointed to the City seminar “EPA’s Endangerment Finding
of Philadelphia’s for Greenhouse Gases: Rationale and
Sara Woods, ex- Albert Momjian, Board of Ethics by Ramifications” sponsored by the Dela-
ecutive director of a partner with Mayor Michael ware Valley Chapter of the Air & Waste
Philadelphia VIP , Schnader Harrison Nutter. Management Association on Feb. 18 in
was recently named Segal & Lewis LLP , in Bala Cynwyd, Pa.
the 2010 recipi- has been elected to Beth L. Weisser, an
ent of the Donald serve as president associate with Fox J. Eric Rathburn, a partner with Ober-
W. Dowd Alumni of the Philadelphia ,
Rothschild LLP was mayer Rebmann Maxwell & Hippel LLP ,
Association Award Consular Corps recently appointed has been elected to a three-year term as a
for Public Service by Villanova University Association. Momjian has served as the to serve a three-year member of the Board of Directors of
School of Law. Honorary Consul for the Republic of term on the board the Haverford Township School District
Helen E. Casale, a Haiti since 1978. of the Friends of the Education Foundation.
shareholder with Philadelphia Zoo
Hangley Aronchick Abraham C. Reich, Committee. E. Harris Baum, honorary consul
Segal & Pudlin, has co-chair of Fox general for the Republic of Korea, has
been elected vice Rothschild LLP and Bernard Max Resnick, principal in been named Senior Advisor to the Board
chair of the Inter- a past Chancellor .C.,
Bernard M. Resnick, Esq., P lectured of Directors of the Penn Asian Senior
branch Commission of the Philadelphia on concert tour deal rights in the music Services.
for Racial Gender Bar Association, was industry at the international music busi-
and Ethnic Fairness. recently re-appointed ness conference “MIDEM,” which was Neil A. Stein, a
to serve on the held in January in Cannes, France. He principal with
Jason Banonis, a shareholder with Pennsylvania Continuing Legal Educa- also lectured at the inaugural “New Noise Kaplin Stewart
Marshall, Dennehey, Warner, Coleman tion Board. Santa Barbara” music conference and Meloff Reiter &
& Goggin, was recently nominated to CLE event in Santa Barbara, Calif., on .C.,
Stein, P has been
become a member of the Council on Michael E. Scullin, counsel to McElroy, multiple-rights deals. appointed to the
Litigation Management. Deutsch, Mulvaney & Carpenter, LLP , Board of Directors
has been elected vice president of the Jeffrey L. Dashevsky of the Homebuilders
Roberta Jacobs- Consular Corps Association of Phila- of Dashevsky, Association of Bucks and Montgomery
Meadway, a member delphia, the oldest consular corps in the Horwitz, Kuhn & Counties.
of Eckert Seamans United States. Scullin is the honorary .C.
Novello, P has
Cherin and Mellott, consul of France in Philadelphia and been elected to the
LLC, was recently Wilmington, Del. Executive Commit- nNAMES ARE NEWS
elected president tee of the Louis D.
of the Board of Marc S. Raspanti, a partner with Pietra- Brandeis Law Society “People” highlights news of members’
awards, honors or appointments of a
Directors of Hope gallo Gordon Alfano Bosick and Raspan- for a two-year year term.
community or civic nature. Information
Afloat, USA, credited as Philadelphia and ,
ti, LLP presented at “Representing the
may be sent to Jeff Lyons, Senior Manag-
Pennsylvania’s first breast cancer survivor Physician 2010” seminar in Orlando, Fla. Francis J. Raucci, of
ing Editor, Philadelphia Bar Reporter,
dragon boat racing team. on Jan. 22. The program was sponsored counsel partner with Philadelphia Bar Association, 1101 Market
by the Florida Bar Continuing Legal Gough, Shanahan, St., 11th fl., Philadelphia, PA 19107-2955.
Deborah J. Zateeny, Education Committee and the Health Johnson & Water- Fax: (215) 238-1159. E-mail: reporter@
a partner with Za- Law Section and the Tax Section. ,
man, PLLP has been philabar.org. Color photos are also
teeny Loftus, LLP , elected as a Fellow welcome.
was a course planner Meredith DuBarry Huston, an associate of the Academy of
and panelist at the with Manko, Gold, Katcher & Fox, LLP , Court Appointed Pinkenson to Speak
Pennsylvania Bar recently spoke on “The Green Building Masters.
Institute’s program Revolution: Addressing & Managing Le- at YLD Annual Meeting
“How To Start A gal Risks and Liabilities” at the American Paula Sanders, a Sharon Pinkenson,
Nonprofit Organization” on Jan. 13. Boiler Manufacturers Association Annual partner with Post executive director of
Meeting in Scottsdale, Ariz. .C.,
& Schell, P has the Greater Philadel-
Harris A. Dainoff, an associate with Fox been appointed as phia Film Office, is
Rothschild LLP was sworn in Jan. 4 to a Michael F. Schleigh, an associate with a member of the the keynote speaker
six-year term on the Board of Supervisors Deasey, Mahoney, Valentini & North, American Health at the Young Lawyers
in East Norriton Township, Pa. Ltd., published the article “Owning Up Care Association’s Division Annual
to Attorney Failures: The Need to Dis- Legal Committee. Meeting on Wednes-
Thomas A. Leon- close Potential Liabilities When Applying day, March 31.
ard, a partner with for Malpractice Policies” in the American Patrick Meehan, Patricia Hamill, Judson YLD Chair Albertine DuFrayne, an as-
Obermayer Reb- Bar Association publication The Brief. Aaron and Robert Rauker of Conrad .C.,
sociate with Petrelli Law, P will outline
mann Maxwell & O’Brien PC recently presented “State her plans for the year at the event. The
Hippel LLP was Joseph Manko, a partner with Manko, Physician Payment Disclosure Trends: YLD will also present its Craig M. Perry
recently honored by Gold, Katcher & Fox, LLP was a panelist
, Is Your Company in Compliance or is Service Award, F. Sean Peretta Service
the American Jewish at the program “Here Comes the Rain: it Exposed to Potential Government Award and YLD Vision Award at the
Committee Philadel- Understanding the Philadelphia Water Investigations?” to the Delaware Val- event. Visit philadelphiabar.org for the
phia/Southern New Jersey with the 2010 Department’s New Stormwater Assess- ley Chapter of the American Corporate location, award winners and registration
Learned Hand Award. ment” on Jan. 26. Counsel Association. information.
22 Philadelphia Bar Reporter March 2010 philadelphiabar.org
philadelphiabar.org March 2010 Philadelphia Bar Reporter 23
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24 Philadelphia Bar Reporter March 2010 philadelphiabar.org