Montgomery Bar Association SIDEBAR | Spring 2016

Page 1

Montgomery Bar Association | Montgomery County, PA

Magazine

SPRING 2016

MONTCOMOTION IN

Courting Art 2016

MBA WELCOMES NEW LEADERS Montco Civil Practice Changes Summer 1L Diversity Program Success Stories


MAKE GREATER CONNECTIONS FOR YOUR CLIENTS.

We’re Greater Reading Economic Partnership. Here to help you better serve your clients by connecting them to our extensive network of resources. Whether it’s managing rapid growth or educating employees, we can help your clients and, at the same time, help you take your customer service to the next level. Contact us today. We’re just a call or click away.

(610) 376.4237 GreaterReading.com info@greaterreading.com

Financing • Workforce Training • Available Commercial & Industrial Properties • Custom Data & Research


MONTGOMERYBAR.ORG

Montgomery Bar Association | Montgomery County, PA

Magazine SIDEBAR COMMITTEE MEMBERS Co-Chairs Gary J. Friedlander, Esq. Dennis R. Meakim, Esq. Regular columnists: Joel B. Bernbaum, Esq. Jack Costello Peter J. Johnsen, Esq. Carla Marino, Esq. Jim Mathias

CONTENTS SPRING 2016

In Every Issue : 4 President’s Message 14 Montgomery Bar Foundation 26 Restaurant Review 28 Book Review 34 Young Lawyers 36 Wiretaps 39 Upcoming Events

Jules J. Mermelstein, Esq. Denise S. Vicario, Esq. Nancy Walsh

Features :

Robert R. Watson, Jr., Esq.

MBA STAFF George Cardenas IT Manager Jack Costello Marketing Manager Jim Mathias Director of Marketing, Communications and Public Affairs Nancy R. Paul Executive Director Nancy Walsh Program Coordinator

The SIDEBAR Committee reserves the right to edit any material submitted and/or to omit the same from publication. Most articles are written by members for members.

MONTGOMERY BAR ASSOCIATION Serving the Profession and the Community since 1885

2016 OFFICERS Carolyn R. Mirabile, Esq., President Eric B. Smith, Esq., President-Elect Mary C. Pugh, Esq., Vice President Gregory R. Gifford, Esq., Treasurer Patrick J. Kurtas, Esq., Secretary

20 MBA Invites local artists and supporters to set montco in motion for courting Art 2016

Gail P. Roth, Esq.

The SIDEBAR Committee invites articles and news information of interest. Please send content to: MBA, c/o SIDEBAR Committee, P.O. Box 268, Norristown, PA 19404-0268 or email: sidebar@montgomerybar.org.

COVER STORY

19

6 8 10 12 16 22 23 24 27 29 30 32 38

Montco Civil Practice Changes Summer 1L Diversity Program Meet the New Board Directors Reduction of the Waiting Period for Contested No-Fault Divorce Meet the Newest Members of the Bench MCPA’s January Kick Off Meeting and Induction Ceremony Joining The MCAP Team MBA Leadership Academy’s Evening with the Bench Are You Ready for Self-Driving Cars? Raising the Bar for Charitable Giving MBA Welcomes New Leaders Past President Profiles Part IV Annual Ski Trip

Cover Photo: “MONTCO IN MOTION”: Runners pass replica soldiers’ huts of Muhlenberg Brigade in Valley Forge National Historic Park during the annual Valley Forge Revolutionary 5-mile Run. Photo courtesy of the Valley Forge Tourism & Convention Board, Photographer Jonathan Kolbe. SIDEBAR Magazine is published by Hoffmann Publishing Group, Inc. 2921 Windmill Road, Reading, PA 19608 | HoffmannPublishing.com | 610.685.0914 FOR ADVERTISING INFO CONTACT: Sherry Mathias, 610.685.0914 x203, SherryM@HoffPubs.com


MONTGOMERYBAR.ORG

PRESIDENT’S MESSAGE

W

hile discounted legal services sound like a great idea in theory, the question arises whether we, as attorneys, want to provide such services without consideration of quality. I think we would all agree that we are not willing to risk our reputations by foregoing excellence for the sake of cost.

Carolyn R. Mirabile, Esq. Montgomery Bar Association President

Facebook.com/MontgomeryBarAssociation

Twitter.com/Montgomery_Bar

LinkedIn/Company/Montgomery-Bar-Association

YouTube.com/user/MontgomeryBarAssocia

Montgomery Bar Association BUSINESS HOURS: Monday thru Friday 8:45 AM - 4:45 PM ADDRESS: 100 West Airy Street P.O. Box 268, Norristown, PA 19404-0268 PHONE AND FAX: Phone: 610-279-9660 Fax: 610-279-4321 & 610-279-4846

4 SIDEBAR

Earlier this year, the MBA’s commitment to excellence was challenged. The American Bar Association launched a pilot program without properly consulting its members, state bar associations, or county bar associations. The ABA decided to partake in a joint venture with Rocket Lawyer called ABA Law Connect. ABA Law Connect was launched in just a few states, including Pennsylvania. Though the program engaged the services of attorneys in our state, neither the Pennsylvania Bar Association (PBA) nor the state’s local bars had a say in the selection of lawyers, the services they would offer, or the costs associated with those services. ABA Law Connect was to provide legal services to small businesses and the self-employed, even offering the option to ask one legal question, as well as a follow-up question, to a licensed ABA member attorney for a flat fee of $4.95. Of course, our bar association was concerned for a number of reasons. Who were the participating attorneys? What fees were being charged after the initial question? Were there conflict checks? Were clients being told they could get complex legal matters resolved for pennies? In fact, the ABA Law Connect program did not even seem to meet the ABA’s own minimum standards to engage counsel. Thankfully, one of our own spoke up. PBA President, and MBA Past President, William H. Pugh, V, questioned the


MONTGOMERYBAR.ORG

authority of the ABA to enter into such a partnership on behalf of its members. Because of the PBA’s, and other state bars’ opposition, the ABA halted the program—proving, once again, that the voice of our Bar makes a difference. We have a professional responsibility to provide quality representation to everyone in the community, regardless of their income level. The MBA has a very qualified group of lawyers who provide legal services through the Lawyer Referral Program and discounted legal services through the Legal Access Project. Our bar association also works closely with Legal Aid of Southeastern PA for the neediest in our community. Other such programs involving our talented membership include the Montgomery Child Advocacy Project (MCAP) and Friends of the Court, both providing valuable resources to both the Court and the community.

This year, I scheduled a retreat for the MBA’s Board of Directors to discuss the bar association’s role in providing discounted legal services and making improvements to our Lawyer Referral Program and Legal Access Project. I believe the resources our bar association can provide will set the standard for quality discounted legal services. It is our hope to develop a program that will assist the community and the Court in providing much needed services in the area of family law, where there are so many pro se litigants. Our program will also seek to engage young lawyers and those new to the profession to help them create a book of business and source of referrals. I recognize that our legal profession is changing. We have the resources to develop and strengthen the services that are already in place, and with a collaborative effort, will continue our longstanding tradition of service to our members and the community.

SPRING 2016 5


MONTGOMERYBAR.ORG

SIDEBAR FEATURE

A Sea Change to See Change in Civil Practice – Montgomery County Civil Trial Readiness By Denise S. Vicario, Esq.

A

“sea change” has been adopted by the Montgomery County Court of Common Pleas – for the first time, a new “court driven” system in the Civil Division will ensure the timely processing of civil actions pre-praecipe. By way of background, the Pennsylvania Supreme Court, during the time of Chief Justice Castille’s tenure, charged the county courts in Pennsylvania to develop court-driven systems for civil matters. President Judge William J. Furber, Jr., Civil Administrative Judge Thomas M. Del Ricci, and the entire Court took this charge very seriously. As a result, the Civil Division began an extensive housekeeping review of the existing civil caseload inventory, and Judge DelRicci organized a committee to assist with assessing the best way to implement this change for the Montgomery County Court of Common Pleas. To start, the Court embarked on the herculean task of fleshingout the existing civil inventory during 2015. Many cases dated back to the 1980s, and it was soon discovered that a large number of the open cases should have been closed. Clearly, this review was a good thing and resulted in the civil inventory being more closely controlled and ensured more accurate dockets. Pending civil actions that were filed before 2010 and that were, indeed, open and unresolved, were scheduled for conferences before the civil judges. The conferences resulted in thousands of cases being administratively closed or settled, discontinued, and ended. For those cases that were conferenced and could not be resolved, strict

6 SIDEBAR

Case Management Orders were drafted to facilitate these cases to an appropriate finish line. The next step in this fleshing-out is to review all unresolved civil actions filed after 2011. Simultaneous to the review of the civil inventory, the courtappointed committee was working hard on how to best achieve a true court-driven system. In addition to coordinating all the internal housekeeping, the committee developed a new rules-based system that provided more court hands-on management of the civil inventory – most significantly, Local Civil Rule 200: Trial Readiness – and creative, systemic changes to motion practice were instituted. Local Civil Rule 200: Trial Readiness applies to all civil actions filed on or after January 1, 2016, and all civil actions are tracked as either “Within Arbitration Limit” or “Outside Arbitration Limit.” Cases commenced by Petition, Declaration of Taking, Zoning Appeals, Board of Assessment Appeals, Declaratory Judgment, and Mass Torts matters are excluded from this rule. Moving forward, Case Management Conferences will automatically be scheduled for all cases that do not comply with the time limits identified in Local Civil Rule 200. Specifically, if a “Within Arbitration Limit” case is not praceiped for Arbitration within 9 months of the date of filing or the transfer date from another jurisdiction, a Case Management Conference will be


MONTGOMERYBAR.ORG

scheduled. An “Outside Arbitration Limit Case” will follow the same protocol except that cases not praeciped within 18 months will be scheduled for a Case Management Conference. At the Case Management Conference, a Case Management Order will set forth the significant milestones that the attorneys and litigants must meet to ensure that their civil actions progress expeditiously. To put a finer point on it, the Case Management Order will outline the following: a completion date for discovery; dates for the plaintiff(s) and defendant(s) to submit reports and documents concerning expert credentialing; a date for filing of dispositive motions; and the timeline for transfer of case between the tracks if a change in the amount in controversy occurs. Deadlines of no more than 60 days (Within Arbitration Limit cases) and 120 days (Outside Arbitration Limit cases) will be set; thereafter, the cases will be migrated to the Arbitration and Trial Lists for scheduling. Civil Case Masters – volunteer Masters from the Bar – are an important part of this change. The current Civil Case Masters are Robert F. Morris, Wendy G. Rothstein, John Savoth, Daniel J. Sherry, Michael G. Trachtman, Paul C. Troy, and Joseph P.

Walsh, and they will assist the court with conducting the Case Management Conferences. Obviously, it will take some time for these new cases filed on or after January 1, 2016 to mature, and in the interim, the Civil Case Masters will assist the Court in reviewing cases in which a statement of intention to proceed has been filed on matters that would otherwise be terminated from the docket due to no activity for 2 years or more. Local motion practice has been tightened-up too, allowing for timelier processing of pre-trial civil motions. The Court implemented a new way to handle Preliminary Objections, utilizing the Court’s Senior Judges, and a new system was initiated for the handling of motions for sanctions (the vast majority of which involve failure to comply with discovery orders). The motions for sanctions are now scheduled much more promptly before the Emergency/Equity Judge. All of the sea change in the processing of civil actions is resulting in a more efficient and effective system – and allows litigants to have their days in court far more expeditiously than in the past. The Court is delighted to see these changes take hold and appreciates the ongoing cooperation of the MBA!

Care Management and Guardianship – A Proven Partnership For over 25 years, we have collaborated with professionals like you to serve people of any age. From physical disability to mental health challenges including special needs and debilitating conditions, Intervention Associates partners with you to safeguard your clients’ quality of life.

Contact us to find out more: 610-254-9001 www.interventionassociates.org

INTERVENTION ASSOCIATES IS A SUBSIDIARY OF FRIENDS LIFE CARE PARTNERS

SPRING 2016 7


MONTGOMERYBAR.ORG

SIDEBAR FEATURE

Success Stories By Wendy G. Rothstein, Esq.

Not only are students provided with invaluable experience at their respective law firms, but all participants, both students and law firm personnel, attend weekly meetings to discuss their experience. Often, they are joined by distinguished members of the legal community, including judges, district attorneys, and public defenders, who share their journey and life lessons with the group. I have had the privilege of serving as chair of the program for the past four years and can attest to both its importance and its success in promoting diversity throughout our legal community. But don’t take my word for it. I recently had the opportunity to catch up with some past participants of the program. Here’s where they are now and what they had to say:

8 SIDEBAR

“It was the best preparation for all the positions that I’ve held. I had a wide range of exposure in and outside of the Bar Association.” – Farzeen Sidhva

{

One of the first initiatives of the Diversity Committee was the formation of the Summer 1L Diversity Program, which placed first year law school students of diverse background into internship positions with the County’s most prestigious law firms. To date, over 75 law school students have participated in the program, now known as the “Robert E. Slota, Jr. Summer 1L Diversity Program,” named for the individual who worked tirelessly to advance the cause of diversity in our legal community and who left us all too soon in November 2013.

FARZEEN SIDHVA was one of our first interns to be hired as a full-time associate in a Montgomery County firm. Farzeen was in the program in 2010 and she split her time between the law firms of Morris Clemm and Miller, Turetsky, Rule & McLennan. Upon completion of her internship, Farzeen was hired to work as a law clerk at Miller Turetsky and then hired full-time upon graduation from law school. While there, she was Co-Chair of the MBA Franchise Committee. Farzeen then accepted an in-house position at Fresenius Medical Care in Chester County. She is now back in Montgomery County working in a dual legal/business role at Fresenius Medical Care in Plymouth Meeting.

ERIC SPANGLER was in the program in 2011. Eric interned at the Blue Bell office of Fox Rothschild, LLP. He subsequently was hired at Fox as a summer 2L intern and then as a fulltime associate upon graduation. Eric still works today at Fox Rothschild’s Blue Bell office. “I was provided an unbelievable opportunity to work alongside with and learn from some incredibly talented attorneys directly after my first year of law school, which is something that most 1L students don’t get. To me, however, diversity also gives an opportunity for individuals such as myself to teach and provide perspective to those who are considered ‘non-diverse’.” – Eric Spangler

{

O

ver eight years ago, MBA leadership was tasked with the purpose of increasing diversity in our legal community. Under the leadership of Past President Robert E. Slota, Jr., Esq., the Association launched a Diversity Task Force in 2007, which laid the groundwork for what would become the standing Diversity Committee the following year.


MONTGOMERYBAR.ORG

{

HELENA LAZARES was in the program in 2012. Helen worked at the Blue Bell office of Nelson Levine de Luca & Hamilton. Helen continued to work part-time at Nelson Levine throughout law school. She then followed a group of attorneys from the former Nelson Levine who joined Lewis Brisbois Bisgaard & Smith LLP. Helen is currently an associate in the Life Sciences group.

ROBERT OLIVER was in the program in 2013. Robert interned at the Norristown office of Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP. Robert continued to work as a 2L intern at Weber Gallagher’s Philadelphia office. Robert found his way back to Montgomery County. He currently works as a full-time law clerk for the Honorable Gail A. Weilheimer.

{

“I felt the 1L Diversity program provided an avenue for me to show my work product and ambition without being judged superficially, allowing others to see that I am capable of competing in the legal marketplace and creating a small, but valuable network that has helped me even in my current position.” – Robert Oliver

RANDALL J. COLLINS was in the program in 2013. Randall interned for Nationwide Insurance at the law firm of Snyder & Verbeke in their Conshohocken office. Randall continued to work as a full-time law clerk for Nationwide while attending law school at night. After Nationwide, Randall clerked at Fox Rothschild’s Philadelphia office and will be working full-time for Fox upon graduation.

I would like to thank the following law firms for sponsoring a student this year: Flamm Walton Heimbach & Lamm PC; Fox Rothschild, LLP; High Swartz, LLP; Kane, Pugh, Knoell, Troy & Kramer, LLP; Miller, Turetsky Rule & McLennan; Portnoff Law Associates, Ltd.; Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP; and Wisler Pearlstine, LLP. I would also like to thank the following firms for their generous sponsorship of the 2016 program: Cozen O’Connor; Kaplin Stewart; Fenningham, Stevens, Dempster & Coval; Marshall, Dennehey, Warner, Coleman & Goggin; Powel Trachtman Logan Carrle & Lombardo; Rudolph Clarke, LLC; and Hangley Aronchick Segal Pudlin & Schiller. If you or your firm would like to sponsor the program for a commitment of $500, please contact me at wrothstein@ foxrothschild.com.

Would better banking better your practice? You be the judge. We have everything your practice needs: • Business checking choices and lending solutions • Longer hours & weekends to fit your schedule • 24/7 online access to your escrow accounts See what TD Bank can do for you. Call 1-888-751-9000 or connect to tdbank.com/smallbusiness

{

“The program allowed me the opportunity to intern with a law firm where I could perform substantive legal work. Not only did I have mentors within the firm, the program assigned me a formal mentor, and I had several informal program mentors. The students really benefitted from the attorneys who spoke at the breakfast events. Thankfully, and unexpectedly, my internship turned into a full-time law clerk position with the firm for two years, which worked out perfectly for my night school schedule. Without the program, I would not have had much real-world legal experience to prepare me after law school.” – Randall Collins

“The MBA program provided me with a unique opportunity to springboard my legal career working in a law firm environment after my first year of law school. Through the program, I also gained exposure to the Montgomery County legal community and a number of its practicing members who offered valuable insights into their respective practice areas.” – Richard Lynn

RICHARD LYNN was in the program in 2014. Rick interned in the Blue Bell office of Fox Rothschild, LLP. Rick was subsequently hired as a summer 2L intern at Fox and has been hired as an associate at Fox’s Blue Bell office upon his graduation from law school.

| TD Bank, N.A. Some fees and restrictions may apply. Fees may apply for optional services. Loans subject to credit approval.

SPRING 2016 9


MONTGOMERYBAR.ORG

SIDEBAR FEATURE

Meet the Newest Additions to our Board of Directors GARY J. FRIEDLANDER, ESQ. Gary Friedlander is a long-time resident of Montgomery County. He graduated cum laude from Dickinson College in 1977, attended Villanova University School of Law, graduating in 1980, and received his MBA (area of concentration, Finance) from Drexel University in 1991. His practice is focused in the area of matrimonial law. Additionally, he performs valuations of closely-held corporations and professional practices. He is self-employed with an office in Norristown. He previously served as a Director of the MBA from 2001 to 2003. He has also served as Chair and Co-Chair of the Sidebar Committee for several years and chaired the Fee Dispute Committee in 2015. He served as a School Board Director for the Lower Merion School District from 2001 to 2013. Mr. Friedlander is an avid cyclist and resides in Wynnewood with his wife Ann. He is the father of two sons. ROGER J. HARRINGTON, JR., ESQ. Roger Harrington is a shareholder at Elliott Greenleaf & Siedzikowski, P.C., working in the Blue Bell office with a focus on commercial, health care and securities litigation. He is a graduate of LaSalle High School, Georgetown University and Villanova School of Law, and also obtained an MBA from Villanova University and an LLM in taxation from Villanova School of Law. Mr. Harrington was formerly a judicial law clerk to the Pennsylvania Superior Court. He has been repeatedly honored as a “Rising Star” of the Pennsylvania Bar. He was a four-year varsity baseball player at Georgetown, where he earned All-Big East and Academic AllAmerican honors in 1995 and 1996. He is a former President of the MBA’s Young Lawyers Section. LINDETTE C. HASSAN, ESQ. Lindette Hassan is an attorney in the Blue Bell office of Fox Rothschild LLP. She maintains a general intellectual property practice with a particular emphasis on domestic and foreign patent prosecution involving biological, chemical, and pharmaceutical inventions; analysis of intellectual property risks associated with various business models; trademark availability opinions, preparation and prosecution of trademark application preparation, trademark protection, and trademark licensing; copyright application, copyright protection, copyright licensing, and copyright enforcement; patent licensing; development and coordination of international trademark protection; and analysis of the intellectual property aspects of potential acquisitions. In 2006-2007, Ms. Hassan served as a judicial law clerk for the Honorable Clifford S. Green, U.S. District Court for the Eastern District of Pennsylvania. She also served as a summer intern for Judge Green in 2004. Prior to entering the legal field, Ms. Hassan spent two years as a Lab Manager/ Research Assistant at The Wistar Institute, a Cancer Research Facility affiliated with the University of Pennsylvania. While at Wistar, she was a member of the lab of Dr. Ronan Marmorstein in the structural biology department. The Marmorstein Lab focuses its research on the structure-function relationship of macromolecules using tools 10 SIDEBAR

of chemistry, biochemistry, and X-ray crystallography. Her research focused on the structural and biochemical studies of non-catalytic chromatin regulatory proteins, such as DNA-binding proteins, histone chaperones, and chromatin targeting proteins. Ms. Hassan earned her J.D. from Temple University Beasley School of Law in 2006 and her B.S. in Biochemistry from the University of Delaware in 2001. In addition to the Pennsylvania and New Jersey Bars, she is admitted to practice before the U.S. Patent and Trademark Office. In addition to her work for the Montgomery Bar Association, Ms. Hassan is a board member of Teens In Perspective, Inc. (T.I.P.), a nonprofit organization that provides leadership development programming to teen girls from low- to mid-income families. She is also a member of the Pennsylvania Bar Association, the National Bar Association Women Lawyers Division and the American Intellectual Property Law Association. DENNIS R. MEAKIM, ESQ. Dennis Meakim has a twenty-year history of serving clients in various areas of the law. He is admitted to practice in the courts of Pennsylvania and New Jersey. He received a Bachelor of Arts in Political Science from Temple University in 1988 and a Juris Doctor degree in 1991 from Rutgers, The State University of New Jersey, School of Law-Camden. Mr. Meakim has successfully represented individuals involved in divorce, custody, child support and Protection From Abuse matters in the five-county area as well as Camden and Gloucester counties in New Jersey. He also represents several small businesses throughout the Delaware Valley in all aspects of business including start-up, finance and business succession. In addition Mr. Meakim provides estate planning for individuals, young and older. He is a member of the Pennsylvania Bar Association as well as the Montgomery Bar Association where he has served on the Membership Committee and is a contributor to SIDEBAR. Volunteering has always been a part of Mr. Meakim’s life. He has previously served on the Board of Directors of Glenside Fire Company #1 (Secretary 2000-2007) and coached basketball and baseball in the Glenside Youth Athletic Club. He has also been a registered basketball official with a PIAA certification since 2003 and referees varsity contests in both the Bicentennial and Suburban One Leagues as well as local CYO and recreational programs. Mr. Meakim is a graduate of Upper Moreland High School, Class of 1984. He then attended Temple University, where he graduated with a Bachelor of Arts in Political Science in 1988. After graduating from Temple, Mr. Meakim received his Juris Doctor degree from Rutgers, the State University of New Jersey, School of Law, class of 1991. He is a native of Upper Moreland Township and currently resides in Glenside, Montgomery County, with his wife Mary. MATTHEW QUIGG, ESQ. Matthew Quigg is a seasoned trial attorney, focusing his practice on criminal defense and personal injury. Over the course of his career and education, Mr. Quigg honed the trial


MONTGOMERYBAR.ORG

advocacy skills necessary to effectively represent clients facing the daunting prospect of the court system. He began his legal career at the Montgomery County District Attorney’s Office, where he tried more than fifty cases before juries and judges. Over the course of his tenure, Mr. Quigg prosecuted all types of criminal cases, ranging in seriousness from homicide, homicide by vehicle, rape, robbery, and felony drug cases to driving under the influence and thefts. Beginning his career on the Sex Crimes Unit, he prosecuted numerous rape, sexual assault and child pornography cases, and continued to try these cases throughout his tenure. In 2012, Mr. Quigg was promoted to captain of the Firearms Unit, where he was responsible for prosecuting felony firearms offenses and violent offenses committed with a firearm. During his time at the District Attorney’s Office, Mr. Quigg received many commendations and awards for his trial work. Upon his departure, colleagues called Mr. Quigg a “go-to man” and “amazing trial attorney” and his former boss, District Attorney Risa Vetri Ferman, cited Mr. Quigg’s integrity and help in mentoring younger prosecutors. In addition to his position as an assistant District Attorney, Mr. Quigg also served as a Special Assistant United States Attorney for the Eastern District of Pennsylvania. In this role, he prosecuted and tried cases of violent crime involving firearms. This position gives Mr. Quigg a unique insight into the workings of the federal court system where the penalties are often much higher than state court. Mr. Quigg earned his law degree from Temple University James E. Beasley School of Law, where he focused on trial advocacy in one of the top trial advocacy programs in the country. Upon graduating, Mr. Quigg was awarded the Victor A. Jaczun Award for excellence in trial advocacy. Prior to law school, Mr. Quigg received his undergraduate degree from Boston College, graduating cum laude. Mr. Quigg continues to give back, teaching generations of future lawyers the fine points of trial advocacy as the mock trial coach at La Salle College High School and previously as an Adjunct Professor of Trial Advocacy at Drexel University’s School of Law. LISA A. SHEARMAN, ESQ. Lisa Shearman focuses her practice in the area of wealth management, including estate planning, estate administration, tax planning and business succession. She incorporates a team approach in counseling clients and facilitates interaction among all of her clients’ professional advisors to ensure comprehensive results are obtained. Her knowledge of the state and federal tax laws enables her to provide sophisticated planning solutions for her clients. Ms. Shearman is licensed to practice before the Pennsylvania and New Jersey Bars, and is a member of the Pennsylvania (PBA) and Montgomery Bar Associations and the Montgomery County Estate Planning Council. She was admitted to practice before the Supreme Court of the United States on December 16, 2013. She also serves as the National Affiliate Director of the “Wills for Heroes Foundation,” a program devoted to providing free wills and other estate planning documents for Pennsylvania’s emergency first responders. She is a recipient of the 2015 Pennsylvania Bar Association Special Achievement Award, and the 2013 recipient of the Honorable Milton O. Moss Public Service Award, presented by the Montgomery Bar Foundation for her work with the Wills for Heroes Foundation. Ms. Shearman is the 2011 recipient of the Verdina Showell Award, presented by the PBA to recognize a lawyer’s outstanding community service and commitment to the Wills for Heroes Program, and has been recognized by other organizations for her pro bono service. A graduate of Villanova’s Graduate Tax Program (LLM. 1994), she received her law degree from Widener University School of Law in

1992 and her undergraduate degree from the University of Scranton in 1989. Ms. Shearman is a member of the Women in Profession Committee of the Pennsylvania Bar Association and Women in Law Committee of the Montgomery Bar Association. KAREN L. TUCCI, ESQ. Karen Tucci focuses her practice on insurance defense civil litigation. Her areas of practice include premises liability defense and auto liability defense. In 2013 and 2014, she was named a Pennsylvania “Rising Star” by Thomson Reuters, publishers of Pennsylvania “Super Lawyers.” Before joining Walsh Pancio LLC, Ms. Tucci focused her practice on the defense of physicians, nurses, hospitals, and long-term care providers in medical malpractice cases, as well as on complex litigation matters for insurance companies including civil rights and commercial vehicle transportation litigation. She received a B.A. in Labor & Industrial Relations and a B.A. in French Language and Literature from Penn State University in 1998. She received a minor in International Relations. During her junior year at Penn State, Ms. Tucci spent a semester in Paris, France, and studied at L’Ecole Commerciale de la Chambre de Commerce de Paris. After graduating from Penn State, she received her Juris Doctorate in 2001 from Villanova University School of Law. While at Villanova, she completed an externship with The Delaware County Legal Aid Office and represented individuals in Protection From Abuse matters. Ms. Tucci is admitted to the Supreme Court of Pennsylvania, the U.S. District Court, Eastern District of Pennsylvania and Middle District of Pennsylvania. She is an active member of the Montgomery Bar Association. In 2014, she served as the Vice Chair for the Montgomery Bar Association’s Alternate Dispute Resolution Committee, and this year she serves as that Committee’s Chair. Ms. Tucci is also a member of the Montgomery Trial Lawyers and an active member of The Montgomery County Child Advocacy Project. She is married with 3-year- old twins, Thomas and Sienna, and lives in Souderton with her husband John. STEPHANIE H. WINEGRAD, ESQ. Ms. Winegrad is a partner in the West Conshohocken office of Obermayer Rebmann Maxwell & Hippel, LLP. Her practice is concentrated in the area of family law. Ms. Winegrad is a Fellow of the American Academy of Matrimonial Lawyers. She is an active member of the Family Law Section of the Pennsylvania Bar, serving on the Executive Committee and Council. Ms. Winegrad is also an active member of the Montgomery Bar Association, having recently assumed the position of Chair of the Family Law Section, and she is currently a member of the Judiciary Committee of the Montgomery Bar. She has authored materials and lectured on various topics for the Montgomery and Pennsylvania Bar Associations and the Pennsylvania Bar Institute. Ms. Winegrad is listed as one of the Greater Philadelphia Region’s Ten Leaders in Divorce Law, Age 45 & Under, by the Ten Leaders Cooperative. She was named by Philadelphia Magazine as Pennsylvania Super Lawyer for 2015. Ms. Winegrad received her B.A. from the University of Pittsburgh and her J.D. from Villanova University.

SPRING 2016 11


MONTGOMERYBAR.ORG

SIDEBAR FEATURE

Montgomery County Practitioners Advocate in Support of Pennsylvania FamiliesThrough Reduction of the Waiting Period for Contested No-Fault Divorce By Gail P. Roth, Esq.

M

embers of the MBA can be proud of the Montgomery County connection to legislation pending in Harrisburg that will improve the lives of Pennsylvania families who go through divorce. Guided by the impact on children and not just the interests of separated spouses when divorce has become an inevitable reality, the revision to the law is expected to move the focus of the parties to their future as co-parents by resolving economic issues more quickly. HB 380, sponsored in the State House by Rep. Tarah Tohill, (R-Luzerne), will reduce the separation period required for a contested divorce under §3301(d) of the Pennsylvania Divorce Code from two years to one. Noting that neighboring states have shorter waiting periods than Pennsylvania, Toohil says, “the focus of the legislation is to ease the burden on children enduring the breakdown of their parents’ marriages. Divorce is never easy and my primary concern is for any children who may be caught in the middle. The two-year waiting period that is currently the law can be emotionally devastating for children. Even the best parents can forgot about the welfare of their children when going through a contentious divorce… If the waiting period is shorter, the financial situation will be resolved more quickly and the parents can begin the process of creating a stable routine for their children.”

By reducing the waiting period in contested matters, they testified, the goals of Pennsylvania law to value marriage and reduce the negative consequences of divorce will be advanced. 1

The bill received overwhelming bipartisan approval by the House in November 2015. The legislation is now in the hands of the Senate Judiciary Committee, chaired by MBA member Sen. Stewart Greenleaf (R-Bucks/Montgomery Counties) which is expected to take up the measure this spring. Among the MBA members who have spent years advocating in support of modernizing the law to reflect the reality of contested divorce are Hon. Daniel J. Clifford, former Chair of the PBA Family Law Section; Mary Cushing Doherty, past chair of the PBA Family Law Section and Co-chair of PBA’s Task Force on the Reduction of the Waiting Period; Lindsay Hanifan Childs; and Pennsylvania Bar Association President William H. Pugh, V, a former MBA President. Doherty, along with Maryann Q. Modesti and Dr. Arnold T. Sheinvold, Past President of the Association of Family and Conciliation Courts, testified at an informational meeting of the House Judiciary Committee in the weeks before the House vote. Their testimony provided legislators with insight into the real life experience of litigants under the current law along with research-based data about the effect of divorce on children and families. By reducing the waiting period in contested matters, they testified, the goals of Pennsylvania law to value marriage and reduce the negative consequences of divorce will be advanced.

Thirty Years of No-Fault Divorce The 1980 revisions to the Divorce Code introduced No-Fault Divorce to Pennsylvania. In addition to traditional fault grounds1, where spouses agree that there has been an “irretrievable

§ 3301. Grounds for divorce. (a) Fault.--The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has: (1) Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years. (2) Committed adultery. (3) By cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse. (4) Knowingly entered into a bigamous marriage while a former marriage is still subsisting. (5) Been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime. (6) Offered such indignities to the innocent and injured spouse as to render that spouse’s condition intolerable and life burdensome.

12 SIDEBAR


MONTGOMERYBAR.ORG

breakdown” of the marriage, at any point 90 days after the filing and service of the divorce complaint, the parties can ask for the entry of a decree. 23 Pa.C.S. §3301(c). However, where one party does not consent, and fault grounds cannot be established, the spouse seeking the divorce must attest that not only is the marriage irretrievably broken, but that the parties have lived separate and apart for two years.2 23 Pa.C.S. §3301(d). Conceived as a “cooling-off” period to allow for reconciliation, in practice, the lengthy waiting period prevents the parties from resolving their economic issues and finalizing custody and coparenting arrangement—increasing the overall costs of the divorce. Since most counties do not permit preliminary conferences with Divorce Masters before the two years are up, couples and families remain in limbo. Even after the 24-month separation, the parties are only at the beginning of the divorce process says Doherty. Depending on the complexity of the assets, whether there are contested custody issues and the length of time to get into court where the parties cannot resolve their disputes, it can take as much as two or more years to reach the end of the divorce process. Since financial realities or fear that moving will reduce access to their children, many spouses live together in the marital home during the separation. Child support and parenting schedules cannot be fully implemented until someone moves out. Even then, until the overall distribution of assets is completed and the parties know what resources they have available for the future, their living arrangements are temporary. The lack of permanence and existing tensions between their parents compound the difficulties experienced by children. Custody research reveals that problems with children’s behavioral and social development arise during periods where they witness unresolved parental conflict or feel caught in the middle and expected to take sides. Many spouses do not realize that delaying the divorce may actually work against them, notes Clifford. If a spouse anticipates a post-divorce alimony award, where interim spousal support (“alimony pendente lite” or “APL”) has been paid during the separation, those years of payments will be counted towards the total years of alimony. Finally, when one or both parties forego attorneys or can no longer afford representation, it overwhelms “…jurists who want to encourage families to resolve the divorce issues and focus on their children,” says Doherty.

Does Pennsylvania Still Value Marriage? What Doherty found was that House members feared that a shortening of the waiting period for a unilateral divorce meant that Pennsylvania did not value marriage. Her response, “allowing a unilateral divorce to be delayed for two years appears to have the effect of valuing litigation…It does not provide any real protection for marriage.” In the same way one passes through several welldocumented stages processing grief during the first year after a loss, Doherty feels that a year gives the unwilling party sufficient time to recognize that the divorce is inevitable and to participate in discussions toward settlement of the economic and custody issues. Shortening the mandatory separation period still leaves ample time for those families who may reconcile to pursue remedies to heal their relationships. Furthermore, every no-fault divorce complaint advises that a party can request the Court order counselling. Doherty notes that, in reality, once lawyers have been engaged, counseling or other interventions have already been tried and reconciliation rarely happens. With the move to the Senate, the proponents of the measure will continue to focus lobbying efforts on the well-being of children, during and after divorce. MBA members participating in the effort are looking forward to now shifting attention to educating Senators about the impact on families of prolonged litigation and the need to turn the parties toward resolution and future collaboration for the benefit of their children. After all, whether married or not, parents and their children will still be family.

Volpe and Koenig, P.C. | Your IP Partner

Your IP rights are enforced when Volpe and Koenig are in your corner.

New Focus, New Effort Proposals to reduce the waiting period failed in 2001 and 2005 despite the support of the PBA House of Delegates and the Joint State Government Commission. However, in 2013, seeing the need to address the psychological impact on children whose families are embroiled in lengthy divorces, then PBA Family Law Section Chair Clifford appointed a task force to resurrect the amendment. As co-chair of the Task Force, Doherty and Clifford first spent months meeting in Harrisburg with House Judiciary Committee members to address the legislators’ concerns about the possibility of changing the law and to find a sponsor. The most recent version of HB 380, with more than 30 co-sponsors, was introduced by Toohil in January 2015 and has steadily made its way through the legislative process. 2

We are a full service IP boutique providing: PATENT PROSECUTION PATENT LICENSING TRADEMARKS COPYRIGHTS TRADE SECRETS

LITIGATION USPTO INTER PARTY MATTERS UNFAIR COMPETITION PORTFOLIO MANAGEMENT STANDARDS REVIEWS

We welcome your inquiries and will provide general IP information as a courtesy. United Plaza 30 South 17th Street Philadelphia, PA 19103 P: 215-568-6400 F: 215-568-6499

212 Carnegie Center Suite 202 Princeton, NJ 08540 P: 609-924-7900 F: 609-924-7902

The original requirement of a three year separation was amended in 1988. SPRING 2016 13


MONTGOMERYBAR.ORG

A TEST OF PROGRESS: Revitalization of the Montgomery Bar Foundation By Nancy Walsh

“The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little.” — Franklin D. Roosevelt

I

n its 29-year history, the Montgomery Bar Foundation has never experienced a year quite like 2015. The charitable arm of the Montgomery Bar Association experienced a surge of unparalleled growth and energy, and as a new year begins, the Foundation is emboldened to capitalize on that momentum to make 2016 a year of even greater impact.

Foundation did not take those sobering statistics lightly, and throughout the course of the year, raised over $80,000 through fundraising efforts, including the annual Golf Outing, the Fellows Program, dues check-offs, and other contributions, further increasing its ability to help address the access to justice gap in our County.

This revitalization began with a critical, one-time, generous contribution of $500,000 from the Montgomery Bar Association. This unprecedented donation allowed the MBA to demonstrate its commitment to giving back and will allow the Foundation to reach more broadly and more deeply in its mission to advance the cause of justice in our community for years to come. Although this endowment serves as an essential base for the work of the Foundation, it in no way negates the need to continue to generate funding; with over 55,000 people in Montgomery County living below the poverty level, and only 20% of those people able to access legal services, there is much work to be done. The

These efforts, along with the generosity of its supporters, allowed the Foundation to have significant impact on the important work of local organizations also focused on ensuring access to justice for the County’s most vulnerable residents. This year, the MBF expanded its reach by encouraging any local organizations whose work aligned with the Foundation’s mission to apply during its annual grant application process. The application review process further confirmed the quality of noble work that is being done in this County to address this important cause – and the staggering amount of need still to be addressed. The Foundation is pleased to be able to assist the 2015 Grant

(from left to right): Gary M. Loewenstern (MBF), Abbie Newman, RN, JD (Mission Kids), Mary C. Pugh, Esq. (MCAP), Elizabeth Lyons (Laurel House), Mary Onama (Victim Services Center of Montgomery County), Elizabeth Wood Fritsch, Esq. (Legal Aid of Southeastern PA), Maria Macaluso (Women’s Center of Montgomery County), Karen C. Buck, Esq. (Senior Law Center), and Michael F. Rogers, Esq. (MBF)

14 SIDEBAR


MONTGOMERYBAR.ORG

Recipients in their essential efforts. These award recipients are: • Laurel House • Legal Aid of Southeastern Pennsylvania • Montgomery Child Advocacy Project • Mission Kids • Senior Law Center • Victim Services Center of Montgomery County • Women’s Center of Montgomery County The powerful partnerships between these exemplary organizations and the Montgomery Bar Foundation are a clear representation of what can be done when forces align to make a difference. In addition to these grant awards, the Foundation, through a generous donation by High Swartz, LLP, helped support the Coffee With A Cop initiative, a national program launched in June in Norristown aimed at “building relationships – one cup at a time.” The MBF was able to help cover expenses related to police training and the hosting of community events which focused on fostering richer relationships between the police and the community. Supporting programs such as Coffee With A Cop helps extend the Foundation’s reach in fresh, exciting ways, another indication of the type of energy that percolated throughout this transformative year. The evolution of the MBF would not have been possible without the vitality and vision of Steven H. Lupin, Esq., MBF President from 2012-2015. Incoming MBF President Michael F. Rogers, Esq., explains Mr. Lupin’s immeasurable impact: Under the leadership of Steven H. Lupin, Esq., the Montgomery Bar Foundation has substantially grown its fund balance, reinvigorated its Board of Trustees and the effectiveness of the committees, and continued and enhanced its financial support of organizations that support the advancement of the cause of justice. Steve’s leadership is a textbook example of how to build on an organization’s strengths and motivate everyone involved to help make it even stronger. We are all indebted to him for his vision and guidance. As the baton is passed, Mr. Rogers will continue to build upon the work of his impressive predecessor with equal dedication to the Foundation’s mission “to improve, facilitate and support justice and fair treatment for all.” As President Rogers takes the helm, he prepares to lead a Board of Trustees invigorated by a year of growth and synergy, ready to embrace innovative new ways to advance its cause, while remaining grounded in the principles that have taken them to this exciting new point in the Foundation’s evolution. This progress, however, is impossible, without you. Please consider helping us continue to draw from our abundance to provide for those who have too little. Become a Montgomery Bar Foundation Fellow and help us continue the momentum of a transformative year, making 2016 a year of even greater reach, greater energy, and greater good. Be a part of the change. Visit montgomerybarfoundation.org to learn more. SPRING 2016 15


MONTGOMERYBAR.ORG

SIDEBAR FEATURE

MEET THE NEWEST MEMBERS OF THE BENCH Honorable Daniel J. Clifford By Joel B. Bernbaum, Esq. Having run for Judge in previous election cycles, including obtaining endorsements from both political parties (although in different years) and ultimately becoming the first openly gay county official elected in the state outside Philadelphia, Judge Clifford was “battle tested.” He was “highly recommended” by the MBA’s Judiciary Committee, not once, but three times. Those present at his swearing-in ceremony witnessed a moving and genuine speech which highlighted Judge Clifford’s journey to the Bench. A past Chair of the Pennsylvania Bar Family Law Section, Judge Clifford received state and national recognition for his advocacy of improvements to the family court system and diversity in law practice. President Judge William J. Furber, Jr. expressed the Court’s anticipation; “We are anxious to have him share his views and ideas in our quest to continually strive to be as efficient as we possibly can be within the domestic relations arena, especially in this era of ever-increasing violence.” Judge Clifford majored in Political Science/Pre-Law as an undergraduate at Indiana University of Pennsylvania and earned a law degree from the University of Baltimore. He said family law first appealed to him when he started practicing at a small firm in his hometown of York, Pennsylvania since the other attorneys lacked an affinity for handling divorce cases. He relocated from York to Norristown in 1986, joining Lynne Gold-Bikin and former Magistrate Judge Diane Welsh, as an associate at their small family law boutique firm. Ultimately, Gold-Bikin and Clifford became partners at the Philadelphia firms of Wolf Block, and then Weber Gallagher, but always kept their office within the Courthouse block. 16 SIDEBAR

Judge Clifford cites his year as PBA FLS Chair as having been extremely rewarding. He started several initiatives including the award winning “Judicial Interview of the Child” video project which has been accepted as part of the training for all new judges in Pennsylvania. The video instructs on how best to conduct a child interview so that the child feels comfortable and safe. He also started an initiative to introduce legislation in Harrisburg to make family court more efficient, which passed the House overwhelmingly within days of his November election. Now awaiting Senate approval, one of the speakers noted at his swearing-in that Judge Clifford was still lobbying Senators within days of his ceremony. Judge Clifford and his husband Jonathan Weinhold, a Certified Registered Nurse Anesthetist at Abington Jefferson Health, married in 2014 after more than 20 years together. Their son, Matthew Tan Weinhold Clifford, now 16 and a junior at Springfield Township High School, was adopted from Vietnam in 1999. Judge Clifford admits having a child changes your perspective on so many things. Judge Clifford believes in a “no-nonsense” approach to dealing with the parents and other family members that come before him. He explains proceedings in plain English and approaches each case with the child in mind. One of his goals is to bring a case management system to his inventory of cases, where he will meet with the parties within several months of the initial filing, because he believes that the long delay in family matters is harmful to children. “I want the parties to know at the very outset that someone is watching over their matter to ensure that it is moving forward towards closure.”


MONTGOMERYBAR.ORG

After his first two months, Judge Eisenberg admits that the greatest challenge of his new position has been getting the many criminal matters to which he is assigned each month into the system and onto the calendar for disposition. Always sensitive to the victim’s right to justice as well as the defendant’s right to have his or her case heard, Judge Eisenberg finds himself relying on lessons learned from his time with the Philadelphia Defenders Association earlier in his career. To that process, he has applied two overarching goals: first, to treat everyone appearing in his Courtroom fairly and with respect; and second, to move matters through the system as efficiently as possible in light of the twin interests of victims and defendants in seeing that happen.

The Honorable Todd Eisenberg By Robert R. Watson, Jr., Esq. I had the opportunity to meet with the Honorable Todd Eisenberg as he approached the eighth week of his tenure on the Montgomery County Criminal Bench. Just scheduling a brief SIDEBAR interview with this new County Judge was not an easy feat – reflective of Judge Eisenberg’s already busy daily schedule. From his Plaza Level Chambers and Courtroom 1, Judge Eisenberg has had very little time to reflect on his new role serving the citizens of Montgomery County; but after spending a few moments with him, one gets the immediate impression that Judge Eisenberg relishes the opportunity. Having grown up in Cheltenham, Judge Eisenberg is a Montgomery County native. After undergraduate work at Boston University, he returned to the area to study law at Widener University and later secured his LLM in trial advocacy from Temple University. Judge Eisenberg began his career with the Defender Association of Philadelphia, handling that office’s high volume of criminal matters in the busy Philadelphia court system. He continued his work with criminal and family matters in local private practices before joining Friedman Schuman where his practice expanded to include land use matters. Most recently, prior to taking the Bench, Judge Eisenberg served as in-house litigation counsel with PECO / Exelon, handling the majority of litigation matters directly in Philadelphia, Montgomery and the other collar counties. Judge Eisenberg’s time litigating cases before many of the judges in the Greater Philadelphia area afforded him the opportunity to take to heart not only what works and doesn’t work for lawyers practicing before the trial court, but also how good judges can directly and positively affect the lives of those citizens litigating before them. Judge Eisenberg’s professional observations turned into a real desire to run for judge himself.

Judge Eisenberg has been impressed with how helpful his fellow Judges and their staff have been in assisting him to hit the ground running. In fact, as I was leaving Chambers, Judge Weilheimer was waiting to check in to see how Judge Eisenberg and his staff are acclimating to the Courthouse. It is this same collegiality and drive for fair treatment in the Courtroom that Judge Eisenberg will apply to his new and important role looking ahead. As part of that process, he has enjoyed the good relationship between our County Bench and the Bar Association. With all of this support behind him, Judge Eisenberg looks forward to great success well into the future as he serves our County’s citizens. continued on next page >

Cutting Edge Trial Presentation Support since 2000

1-888-274-2908 - www.digitaljustice.net Call today to schedule your next

Video Deposition & Trial Presentation SPRING 2016 17


MONTGOMERYBAR.ORG

MEET THE NEWEST MEMBERS OF THE BENCH continued from page 17

ATTORNEY DISCIPLINARY AND ETHICS MATTERS STATEWIDE PENNSYLVANIA MATTERS NO CHARGE FOR INITIAL CONSULTATION

Representation, consultation and expert testimony in disciplinary matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct

James C. Schwartzman, Esq.

• Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania • Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania • Former Chairman, Supreme Court of Pennsylvania Interest on Lawyers Trust Account Board • Former Federal Prosecutor • Selected by his peers as one of the top 100 Super Lawyers in PA and the top 100 Super Lawyers in Philadelphia • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year,” and in Plaintiffs and Defendants Legal Malpractice Law 1818 Market Street, 29th Floor • Philadelphia, PA 19103 (215) 751-2863

24-hr Service | 1.800.725.0563

TRANSACTION DUE DILIGENCE • EXPERT SERVICES Mold • Water • Wastewater • Cleanups • Stormwater Permits • Gas and Energy Services

rtenv.com 610.265.1510

215 W. Church Rd. | King of Prussia, PA 18 SIDEBAR

The Honorable Risa Vetri Ferman By Denise S. Vicario, Esq. Judge Risa Vetri Ferman may be one of the newest members of the Montgomery County Court of Common Pleas, but she is certainly not new to the Montgomery County Courthouse. During her 23 years as a Montgomery County prosecutor – the last eight years as the top prosecutor – Judge Ferman has roamed many long miles in the courthouse’s historic and well-trodden floors, but since beginning her next professional chapter as a Judge of the Court of Common Pleas, it is hard not to notice the spring in her step and the ease in her smile. Clearly, Judge Ferman is energized by her new role as a Judge in Family Court, and she attributes “New Judge School” with her new colleagues across the Commonwealth for getting her to think about things from a different perspective. Charmingly, she almost seems surprised that when presiding in court she can now see everything that transpires in the courtroom – from the bench – after so many years of having to face the bench and not being able to see what happened behind her. Judge Ferman’s view in the courtroom is now literally – and figuratively – a completely different perspective. Judge Ferman’s achievements, accomplishments, awards and attributions are truly impressive – and lengthy! Judge Ferman is married to her greatest supporter, Michael, and is a proud mother to Jenna, Ben and Jake. She loves to cook for her family and is an avid skier. In addition to being an authoress of two children’s books (her son Jake was the inspiration for Wesley, that mischievous little mouse, who went surfing alone and beat the jungle bullies in her first book), Judge Ferman is an Aspen Rodel Fellow. The Aspen Institute-Rodel Fellowship is a prestigious program designed to bring together elected officials who have


MONTGOMERYBAR.ORG

demonstrated an outstanding ability to work responsibly across partisan divisions, to bring greater civility to public discourse, and to help America’s brightest young leaders achieve their fullest potential in public service. And yes, she was even able to get in some Rocky Mountain skiing during her time in Aspen! However, when asked of what she is most proud professionally, Judge Ferman – and Mom Ferman – stated without equivocation that her proudest professional achievements to date are those that have benefitted children who encounter the justice system. As the co-founder (along with fellow Judge Wendy DemchickAlloy) of the Montgomery Child Advocacy Project (MCAP), and as the founder of Mission Kids, Judge Ferman has certainly made a difference for children who regrettably must interface with an intimidating court system in overwhelming and complex criminal investigations. Judge Ferman gave a special shout-out to the Children’s Crisis and Treatment Center (CCTC), Mission Kids newest partner. CCTC is a superlative organization that meets the emotional needs of children at risk, and allows Mission Kids to connect children with much-needed services that provide emotional support. Undoubtedly, the desire to help children harkens back to her very first prosecutorial assignment in the District Attorney’s

Office Sex Crimes Unit, where she witnessed firsthand the clearly correctable procedural and investigative shortcomings child victims encountered. It was all those years ago that then new Assistant District Attorney Ferman recognized the critical need for advocates for our child victims, resulting in the creation of MCAP, and that it was essential to properly capture critical, forensically appropriate evidence from child victims, resulting in the creation of Mission Kids. Judge Ferman is quick to point out that both organizations are essential to a well-functioning criminal justice system, and that both provide much needed distinct services. After so much time in the Criminal Court, Judge Ferman notes that it is especially rewarding to see these vital organizations making a significant impact in Family Court too, especially from her new view from the bench. In conclusion, Judge Ferman offers some wise advice encouraging all practitioners “to articulate with a laser focus the issues that are central to your client’s case” so that the judge can get to the business at hand, and cautions “that attorneys acting like their clients, instead of acting as advocates for their clients, is a huge disservice to all involved.” Judge Ferman strongly believes in the fine art of listening, but keep in mind that from her new view from the bench – she can see everything in the courtroom too!

SPRING 2016 19


MONTGOMERYBAR.ORG

COVER STORY

MBA INVITES LOCAL ARTISTS AND SUPPORTERS TO SET

MONTCOMOTION IN

T

he MBA’s Community Outreach Committee launched its inaugural Courting Art program back in 2013 with the lofty goal of transforming the cold, cavernous walls of the Montgomery County Court House into a gallery of bright and cheerful homegrown art. Ultimately, the program aimed to create a more welcoming environment for staff and visitors, and reduce the stress typically associated with a day in court. Since that time, members of the MBA, sponsors, and community partners have come together to support and celebrate our artists, who have captured the beauty and diversity of our county through magnificent interpretations of some of our area’s most inspiring landmarks and hidden treasures. For the past three years, we challenged local artists ages 55+ to explore and express, on paper, canvas and mixed media, “What [they] love about Montgomery County.” Hundreds of juried entries have been received and displayed during our month-long exhibitions at the Montgomery County Community College’s Fine Arts Center, and to date over 100 select prize-winning works have been selected and installed throughout the Plaza Level of the Courthouse for everyone’s enjoyment. Courting Art has helped heighten local and even national awareness of and recognition for our county’s talented local artists and art programs. The program has been featured on 6ABC Action News, KYW Newsradio, and in dozens of newspapers and regional publications. Courting Art has also earned a number of recognitions, earning a Luminary Award from the National Association of Bar Executives and a County Bar Recognition Award from the Pennsylvania Bar Association, and was among the first projects to receive a Stellar Award from the Valley Forge Tourism and Convention Board for raising awareness of local tourist attractions and community treasures. What began as an idea to help relieve stress and create a more visitor-friendly courthouse, has become a model for community-led courthouse art projects nationwide. One Maryland judge has credited the Montgomery Bar Association and its local artists and sponsors as the inspiration and model for Courting Art Baltimore, a program presently underway aimed at beautifying the city’s district courthouses.

20 SIDEBAR

PHOTO BY SANDI YANISKO, MONTGOMERY COUNTY COMMUNITY COLLEGE

FOR COURTING ART 2016


“THE BAND PLAYED ON” BY PEG OTT MCGUCKIN

“SU BU RB AN

HIR CU M” BY

SU SA N WI

LLI AM SO N

PHOTO BY SANDI YANISKO, MONTGOMERY COUNTY COMMUNITY COLLEGE

MONTGOMERYBAR.ORG

What’s New for 2016 PHOTO BY SANDI YANISKO, MONTGOMERY COUNTY COMMUNITY COLLEGE

Among our more significant changes is a fresh new theme and display destination. This year’s theme, “MONTCO IN MOTION,” invites artists to explore and celebrate active lifestyles, community happenings, and our rich, recreational assets. More specifically, we’ll be seeking bright, uplifting entries that children are likely to enjoy, as this year’s award-winning art will be installed in an area of our courts frequently occupied by children and families. From our community playgrounds, ball fields, concerts, theaters, festivals, carnivals and events, to our historic reenactments, busy streets and boroughs — there’s no shortage of inspiration here in Montgomery County. Be it our award-winning trail system, our world-class shopping and entertainment hubs, or a setting that’s truly unique — COURTING ART: “MONTCO IN MOTION” hopes to inspire artists to capture movement, performance, creativity and living life as we know it in Montgomery County.

PHOTO BY SANDI YANISKO, MONTGOMERY COUNTY COMMUNITY COLLEGE

“MONTCO STIMULUS” BY JACK LLOYD

Be sure to visit CourtingArt.com today for sponsorship info, contest rules and entry forms, key dates and times for this year’s contest and exhibition, and more.

“ST. GABRIEL’S, AUDUBON” BY CAROL ALBRECHT

SPRING 2016 21


MONTGOMERYBAR.ORG

Montgomery County Paralegal Association’s January Kick Off Meeting & Induction Ceremony By Suzanne H. Sarver, RP, MCPA Vice President

O

n Tuesday, January 12, 2016, Montgomery County Paralegal Association (“MCPA”) members and honored guests gathered at the William Penn Inn for the annual Kick Off Meeting and induction of the 2016 Board Members. The evening’s emphasis was on Pro Bono and Access to Justice initiatives. Our special guests included representatives from the Montgomery Child Advocacy Project (MCAP), Legal Aid, Laurel House, Wills For Heroes and the Montgomery Bar Foundation. The Honorable Garrett D. Page presided over the induction ceremony for the evening and conferred the invocation before dinner. As always, Judge Page provided a special ceremony addressing the commitment, time, and importance of our Board Members. Tracey L. Barnes, RP, Pa.C.P., opened the evening by presenting a special acknowledgment to Sherry Barag, Pa.C.P. Sherry provided her support, time, and a valuable commitment to the MCPA for many years as a Board Member, Vice President, and Secondary Delegate representative of the NFPA, and as the Certification Ambassador for PACE and PCC. Sherry recently resigned from her position on the Board and the MCPA presented her with an award for her excellent service. Owner of Kaplan Leaman & Wolfe, Gregg B. Wolfe, RPR, CM, CRR, and the evening’s sponsor, spoke about the valuable services of Kaplan Leaman & Wolfe. Additionally, in connection with the evening’s emphasis on Pro Bono and Access to Justice service, Gregg Wolfe spoke on matters involving substance abuse. He emphasized how we can all get involved in the community and be valuable advocates

22 SIDEBAR

for others needing help with family or friends who have substance abuse problems. It was a thought-provoking and important presentation that hit close to home for some of us, and we are very grateful to Gregg Wolfe for sharing his story and providing outreach for others. Montgomery County has wonderful outreach programs and on this night we all benefited greatly from the experience and service of our speakers. Each educated us on the importance of the valuable programs right here in our community and how we all can get involved. Annette Long-Tulio, CRP, Pa.C.P., introduced Judy Stouffer, RP who discussed the National Federation of Paralegal Association’s (NFPA) recommended annual service hours for pro bono work for paralegals. Judy also spoke about the differences between community service and pro bono work. Judy’s own personal experiences have compelled her to be an advocate for pro bono service and to advise others on volunteering their time. Bill Shimer, Managing Attorney for the Montgomery County Division of Legal Aid, spoke on the services of Legal Aid and how we can all get involved. Legal Aid is a valuable service, empowering individuals to solve problems with or without legal representation through legal education and increased access to the courts. One of Legal Aid’s goals is to change community practices and systems that cause or aggravate poverty and limited access to the legal system.

Stacy Sweinhart, Manager for the Domestic Abuse Response Team (DART) for Laurel House, provided a look at the work she performs in her position and how she responds to calls, provides court accompaniment, and supervises volunteer advocates. Laurel House also trains law enforcement and medical personnel on how to use the program and respond to victims of domestic violence. Stacy networks between different agencies throughout Montgomery County, including law enforcement entities, a necessary part of her job. Laurel House is a valuable program that always needs volunteers and invites you to get involved. Next in our agency presentations was Lisa Shearman, Esq. Lisa serves as the National Affiliate Director of the “Wills for Heroes Foundation,” a program devoted to providing free wills and other estate planning documents for Pennsylvania’s emergency first responders. Wills For Heroes is a program that the MCPA has been involved with for some time. Lisa has been an advocate for many in the community and has provided support to our first responders, veterans and their families. The importance of this program and the commitment of Lisa Shearman is admirable. Our next presenter was Mary C. Pugh, Esq., Executive Director of Montgomery Child Advocacy Project (MCAP). MCAP is a nonprofit organization providing free legal services to abused and neglected children in Montgomery County through the services of pro bono attorneys.


MONTGOMERYBAR.ORG

Joining the MCAP Team By Jill M. Moffitt, Esq.

Mary’s commitment and involvement with MCAP helps so many and the information she provided invigorated many of us to get involved and be part of MCAP. This is a wonderful program that the Montgomery County Paralegal Association has been fortunate to be involved with for some time. MCPA’s Bar Liaison, Annette M. Long-Tulio, CRP, Pa.C.P., spoke on behalf of the Montgomery Bar Foundation about how paralegals can become involved in addressing the Foundation’s mission to ensure equal access to justice throughout our community. The relationship that has been built with the Montgomery Bar Foundation has been one that has benefited the MCPA and its members because of the many outreach programs to which the Bar Foundation has access. The Fellows Program is an opportunity for paralegals to get involved and provide an essential financial commitment to all of these wonderful programs which help provide access to justice to those most in need. The evening ended with MCPA’s newly elected President, Roberta Fedorka, Pa. C.P., presenting an award to the MCPA’s outgoing president, Tracey Barnes, RP, Pa.C.P. Tracey has provided leadership, support and wonderful friendship to the MCPA in many capacities and continues her commitment to the MCPA as a member, the Membership Committee Chair and CLE Coordinator. Thank you to all of our special guests for speaking on behalf of their agencies. These programs are so important to our community and we are very proud and honored to have them share their time with us. We value and appreciate their dedication and hope that our members were encouraged to follow their lead and get involved!

T

ruthfully, I got lucky to be hired as the Staff Attorney at the Montgomery Child Advocacy Project (MCAP). I quit a job that made me very unhappy and immediately emailed [MCAP Executive Director] Mary Pugh offering to take as many cases as she needed. Unfortunately, my latest position did not allow for much time out of the office and I missed having ongoing MCAP cases. Mary asked to meet with me the next week, while on lunch break from one of my MCAP cases. She had just received a grant for a part-time staff attorney, and asked me to come on board. Mary stressed that the position was provisional as the grant was for capacity building; therefore, the need for a staff attorney would be scrutinized during the grant period. Since I was not employed, Mary felt comfortable that she was not taking me away from another job. At the New Year, MCAP had the capacity to hire me as a full-time staff attorney. Together, Mary and I are available to advocates for help with legal issues, as substitutes, and as mentors. I always knew that advocates were amazing people. Now, from the inside, I am constantly amazed by them. They really connect to their cases and immediately form bonds with the children. So many advocates go above and beyond. Advocates represent their kids zealously by filing motions, visiting people, reviewing records, and giving the kids voices in and out of the courtroom. I have witnessed an advocate stand up in court and tell the judge helping this child was why he became an MCAP. I have been blessed to see MCAPs in action. I am even luckier to work with Patricia Teaford. You know her as the person who emails you to ask if you can take a case. Pat does not just send emails; she cares about the kids and the advocates. In the midst of the sad and horrific cases, Pat offers a friendly smile and a positive attitude towards everyone. She is here beyond office hours almost daily and never complains. There are many upcoming events at MCAP. MCAP is proud to offer a token of thanks to all of the stakeholders with whom we work by hosting an Appreciation Luncheon on May 5, 2016 at the Bar Association. Also, please join us at the MCAP Run for the Hill of It on July 30, 2016. Come run or volunteer! If you are interested in becoming an advocate, please contact the MCAP office at 610-279-1219. Thanks and I hope to see you at future MCAP events!

SPRING 2016 23


MONTGOMERYBAR.ORG

An Evening with the Bench By Nancy Walsh

O

n February 17, the twelve members of the MBA’s Leadership Academy were treated to an evening of advice, mentorship and connection with several esteemed members of the Bench at the Montgomery Bar building. Montgomery County Court of Common Pleas Judges Garrett D. Page, Gary S. Silow, and Kelly C. Wall, and United States District Court Judge Mark A. Kearney shared stories from the trenches as well as indispensable, practical advice to create a unique, enjoyable, and valuable opportunity for those fortunate enough to attend. The event began with a one-hour workshop on relationship building conducted by the incomparable Judge Kearney. Warm, dynamic, and ever-amusing, Judge Kearney was also practical, specific, and direct. He provided the attentive group with pieces of wisdom, sprinkled with personal anecdotes which demonstrated the impact these directives have had on his own career. His tips should be incorporated into the daily lives of anyone who wishes to forge a path – career or otherwise – grounded in rich, authentic, and far-reaching relationships. His suggestions call for a willingness to step beyond your comfort zone, a fact not lost on Judge Kearney. The paybacks, however, are worth the stretch. He encouraged the eager participants to accept the challenge and to never, in the words of a favorite scripture verse, “put [their] light under a bushel basket.” You really have to have participated in this talk to understand its import and energy. We urge you to apply for the Leadership Academy to benefit from these types of interactions. By way of example, several of last year’s Academy members tout using the Judge’s guidelines every day since, and each of them report moving significantly forward in their careers. Please catch up with an Academy member to learn some of these jewels, including lessons from leaders as varied as Hubert Humphrey and Jimmy Fallon.

24 SIDEBAR

As if Judge Kearney’s talk was not enough, the evening continued with a panel discussion which included Judge Kearney, along with Judges Page, Silow and Wall. The judges shared brief, but fascinating introductions, discussing their paths to the Bench and sharing insights into their personal philosophies of leadership. After introductions, they took questions from the audience, which included the twelve Leadership Academy participants, as well as their mentors, program advisors and MBA officers, who joined the group after the preliminary workshop. What followed was a rich discussion filled with helpful advice, explorations of leadership philosophies, humor, and countless stories which brought the many lessons of the evening to life. Judge Silow, a former actor who still proudly carries his Screen Actors Guild card, shared his unique career trajectory. When he decided that the actor’s life was not for him and that it was time to move on, he was replaced in the role he held at the time by an up-and-coming actor named Richard Gere (who went on to enjoy a rather nice career in the profession…). The would-be judge believed he could use those finelyhoned theatrical skills to communicate effectively with juries, and knew that his out-ofthe-box thinking would also be an asset to a career in law. He practiced for over thirty years before becoming a judge, a role he did not initially aspire to, but embraced and still loves. He noted that lawyers must be respectful of the position; occasionally, he finds himself reminding those in his court room of the importance of following protocol and honoring the role of the Bench. He looks for “really good, prepared attorneys,” enjoys the camaraderie with his fellow judges, and relishes the feeling of “a good day’s work.” Judge Silow’s theatrical background and dry wit were evident throughout the evening as he shared wry anecdotes and traded good-natured ribbing with his fellow panel members.


MONTGOMERYBAR.ORG

Judge Wall, in contrast to her colleague Judge Silow, always knew she wanted to be on the Bench. She attended law school in her thirties, a little later than the traditional timing, and upon passing the Bar, immediately joined the Montgomery Bar Association; she knew that the connections she would make and the knowledge she would gain as a member were crucial to her path to becoming a judge. Judge Wall took advantage of every opportunity the Bar had to offer, joining committees, reaching out to Bar leaders, making friends and connections, and volunteering for virtually every role she was asked to fill in the Association, the community, and other non-profits where she could meet a need. She encouraged the group to commit to volunteering, assuring them that they will find it both personally and financially rewarding. At the same time, she built her practice, working to gain experience in as many areas of law as possible so that she could one day bring that knowledge to the Bench. She gave the important advice to make sure people know your goals, sharing that during her law career people would say, “there’s Kelly Wall. She wants to be a judge,” and explaining how important that transparency was in her quest to achieve that goal. Also important in that quest was her involvement in politics, which led to her position as a Whitemarsh Township Supervisor, and the development of some thick skin. When she achieved her long-time goal, Judge Wall was ready, a quality she attributes to her colleagues as well. “We’re strong people and we’ve come through a lot. We’re ready when we get here.” In summarizing her advice to the group, she noted that leaders must “always have integrity.

Come prepared. Do your job. Say what you are going to do and do it.”

Judge Page also emphasized the importance of integrity. A deacon for the past 27 years, the former public defender and second African American judge in the history of Montgomery County recognizes being steadfast and faithful as daily directives. This faith guided Judge Page when he was unsuccessful in his first bid for the Bench, allowing him to see that the timing was not yet right for the ultimate step in his career. He instead became County Treasurer and then President of the Statewide Treasurers, opportunities which allowed him to gain perspective, knowledge, experience, and friends, all of which helped him to become a successful and respected member of the Bench. Judge Page believes he is fortunate enough to hold “the best job you can ever have,” but also knows that being in the legal field is very stressful; accordingly, he encouraged the group to find an outlet for that stress. Providing examples of such outlets, Judge Page noted, “Gary [Silow] tells jokes; I sing.” Judge Page advised those listeners to be team players, pick their wars, and not take themselves too seriously. Drawing, no doubt, on the skills he uses each week to inspire his congregation, he summed up the philosophy which appears to keep him successful and happy:

“Be civil. Have fun. Drink red wine. Eat dark chocolate.Walk your Golden Doodle.”

Judge Kearney concluded the evening by elaborating on the philosophies he discussed during his workshop. A theme connecting virtually all his anecdotes was the notion of credibility. He discussed the colleagues he met from around the country as he took on the role of Federal Judge, and noted that every person who rose to the position they shared did so because a significant public was invested in them. Such investment comes from the relationships one builds, and those relationships are built on credibility. As Judge Kearney spoke to the group, he naturally demonstrated the quality of humility he emphasized in his earlier discussion, a nuance observed by Judge Page, who noted that the Federal Judge leaned back from the table throughout the discussions, ensuring that focus was placed on his colleagues, whom he also respectfully allowed to have the floor before he shared his own thoughts. The event unfolded as a master lesson in leadership taught by those who continue to practice what they preach. As the official conversations drew to a close, participants continued to connect informally, sharing refreshments and even more stories well into the evening. As it kicks off its second year, the Leadership Academy is committed to providing rich opportunities for instruction, connection and opportunity for its participants, all of whom are burgeoning leaders in the Association. On February 17, within the history-filled walls of its elegant boardroom, thanks to the warmth and wisdom of four esteemed members of the Bench, that commitment was on full, vibrant, display.

High Swartz LLP and McNamara, Bolla & Panzer, PC are now one law firm — High Swartz LLP Business, Corporate & Franchise Law, Education Law, Employment Law, Environmental Law, Family Law, Intellectual Property, Litigation, Municipal & Government Law, Personal Injury, Real Estate Law, Social Security Disability, Wills, Trusts & Estates, Workers’ Compensation

40 East Airy Street, Norristown – (610) 275-0700 116 E Court Street, Doylestown – (215) 345-8888

www.highswartz.com

SPRING 2016 25


MONTGOMERYBAR.ORG

Restaurant Review

Carisma Restaurante By Joshua David Macel, Esq.

T

ucked away in a repurposed barn just off Skippack Pike in the heart of Skippack Village, Carisma Restaurante offers Mexican cuisine made entirely from scratch and prepared using traditional methods. This fine little spot has improved the quality of dining options in Skippack Village by providing superior guacamole, knockout seafood paella and assorted other Mexican necessities in a neighborhood that had been lacking a bona fide Latin option. Steak isn’t normally the first thing that comes to mind when thinking of Mexican food, but I cannot recommended highly enough the Steak a la Pasilla, a New York steak in a pasilla mole with potatoes and mushrooms. And, honestly with so many dishes—from beautifully constructed ceviche, to green or red veggie enchiladas, to the Pork en Salsa de Tequila (pork loin sauteed with pineapple and carrots in a tequila and gouda cheese sauce)—you can pretty much order without fear. Beyond the food, Carisma is a family affair. The self-styled “Latin American fusion” restaurant is owned and operated by Clemencia Aguilar (who is also the chef) and her husband Jose (the host/waiter/manager). In addition, the Aguilar’s daughter contributes in the kitchen and their adolescent son clears tables after school on weekdays and on weekend nights. Finally, Carisma is BYOB, so if your idea of a proper Mexican meal includes a margarita, be sure to bring your favorite bottle to add to the delicious house—made margaritas—not too sweet, and edged with the right bite of lime.

26 SIDEBAR

Carisma Restaurante 4042 Skippack Pike (shares parking lot with Hotel Fiesole) 610-615-5118 Open Tuesday-Friday 11 a.m.- 3 p.m, 4:30 p.m.-9:30 p.m. Saturday 4:30 p.m.-10:00 p.m. Sunday 10 a.m.-7 p.m.


MONTGOMERYBAR.ORG

SIDEBAR FEATURE

Are you ready for self-driving cars? By Timothy M. Knowles, Esq.

O

n January 14, 2016, Transportation Secretary Anthony Foxx stated that the Obama administration will propose pledging $4 billion over the next ten years for pilot programs testing self-driving vehicles. Secretary Foxx stated that the administration is “bullish on automated vehicles.” The Department of Transportation also plans to draft comprehensive rules regarding testing and regulating autonomous vehicles. Although self-driving vehicles might seem to be a long way off, they are coming faster than many of us realize. In December, Elon Musk, CEO of Tesla, stated (perhaps optimistically) that Tesla will have a completely autonomous car in approximately two years. McKinsey & Company estimates that mass adoption of self-driving vehicles will begin by 2030, and the Institute of Electrical and Electronics Engineers predicts that up to 75% of vehicles on the road will be autonomous by 2040. Google’s self-driving cars have driven over one million miles in autonomous mode (with occasional human intervention). The benefits of fully autonomous self-driving vehicles are numerous. McKinsey & Company predicts a 90% reduction in motor vehicle accidents when self-driving vehicles become commonplace. People will have more free time during their commutes. Commutes will be shorter as vehicles communicate with each other to reduce traffic. Auto insurance premiums will be lower, with the possibility that personal auto insurance will no longer be a requirement for using a motor vehicle. Some predict that auto ownership will become a thing of the past, with the majority of users subscribing to services that allow them to call a vehicle only when needed.

remaining cases involving automobile accidents will focus not on the driver, but on the manufacturer. Lawyers will have to learn about the sensors and software that make the cars operate. Defendants will not be individual insured drivers, but companies like Google, Apple, and GM. Attorneys who handle traffic citations will also be impacted. There will be no more DUI/DWIs or speeding tickets. Although these changes are, at the very least, a number of years off, they will be extensive. It would benefit all of us to begin planning sooner, rather than later, for the changes that self-driving vehicles will bring to the legal profession.

A community bank. Funding community projects.

Sounds like a good formula to us. Offering a wide variety of business banking services.

If these promises come true, a great number of professions will be impacted. Insurance salespeople might see personal automobile insurance become a thing of the past. A reduction in the number of auto accidents will impact everyone from chiropractors to auto body workers. Police departments will see ticket revenue dry up. Self-driving vehicles will have a significant impact on the legal profession. Attorneys who work on motor vehicle accidents will see the volume of that work diminish significantly. The

1-888-238-3330 | www.VISTBank.com Member FDIC

SPRING 2016 27


MONTGOMERYBAR.ORG

BOOK REVIEW: Rogue Lawyer by John Grisham By Jules J. Mermelstein, Esq.

“A lawyer like me is forced to work in the shadows. My opponents are protected by badges, uniforms, and all the myriad trappings of government power. They are sworn and dutybound to uphold the law, but since they cheat like hell it forces me to cheat even more.” These three sentences, spoken by the title character himself, perfectly describe our protagonist, Sebastian Rudd. Mr. Rudd manages to alienate the police, most judges, people in organized crime, his ex-wife, and many in the public who do not like the cases he takes and are not as committed to the idea that everyone deserves a zealous defense as he. In Sebastian Rudd, I believe John Grisham has created a character that is the beginning of a series of novels, much like Michael Connelly’s Lincoln Lawyer did. In fact, Sebastian Rudd is also a mobile lawyer, although instead of a Lincoln, Rudd rides around in a modified van with an office set up inside. Unlike Connelly’s Lincoln Lawyer, Rudd chose a mobile office due to the fact that his brick and mortar office was firebombed. Nobody has been arrested for that crime and, although he is not sure which of the many groups and people he has offended did that, Rudd is fairly convinced that it was the police. This novel is divided into six parts. The first two parts are self-contained stories, one about a defendant in a capital murder case in a small town, in which the prosecution witnesses are lying and the prosecutors and judge know it. Rudd uses, some would say

28 SIDEBAR

questionable, and others would say illegal, tactics in an attempt to prove that someone else is guilty. The second part is about someone already convicted of a capital crime and deals with very interesting events leading up to the convict’s scheduled execution. The third through sixth parts are really the thrust of the novel. The third part deals with all the Homeland Security armed battle equipment that many police departments have acquired, and the questionable use that some have put that equipment to, including innocent victims of that use. It is during this part that Grisham touches on restrictions on debate since 9/11: Sadly, dissent nowadays is considered unpatriotic, and in our post-9/11 atmosphere any criticism of those in uniform, any uniform, is stifled. Being labeled soft on crime or soft on terror is a politician’s curse. It is also during part three that Grisham touches on the laws that protect police when using the battle equipment by reporting a question, and Rudd’s answer, from one of Rudd’s clients: . . . ‘But how can a cop kick in my door and shoot me with immunity, but if I return fire I’m a criminal looking at twenty years?’ The simple answer is because they are cops. The complicated answer is that our lawmakers often pass laws that are not fair. One paragraph later, Grisham, through his character Rudd, offers an opinion: The road to justice is filled with barriers and land mines, most of them created by men and women who claim to be seeking justice.

Part four begins with a nod to James Lee Burke and Michael Connelly as authors the main character likes to read during his rare down times. This part deals with a kidnapping of an assistant police chief’s daughter. The main police suspect stops interrogation to ask for his attorney, claiming it is our Sebastian Rudd. Rudd has never heard of him and, during a series of events, first agrees and then does not agree to represent him. In dealings with this suspect, the main issue is legal ethics —when can, and should, an attorney reveal information about someone who, at one time, thought he was Rudd’s client? In part five we have drama involving Rudd’s family and the police. Again, this part continues to bring up the legal ethics touched on in part four. Part six deals with a client who is obviously guilty and won’t listen to Rudd’s advice, even though the two have a prior profitable business relationship. Throughout the novel, we see many of Rudd’s quirks, such as his affection for mixed martial arts cage fighting, along with betting on same, and investing in fighters. Published in October of 2015, this novel is extremely readable and enjoyable. It is written in the first person as if it were conversational. There are many times when what is going to happen is not obvious, something I appreciate in a novel. I highly recommend this book, especially to lawyers, and I look forward to reading more novels about the quirky, interesting, Sebastian Rudd.


MONTGOMERYBAR.ORG

SIDEBAR FEATURE

Raising the Bar for Charitable Giving

By Barbara Overholser, Legal Aid of Southeastern PA

F

or Paul Troy, being an attorney is about more than courtroom appearances and filing briefs. Being a lawyer brings a responsibility to the community that he has embraced. “One of the things that was taught to me as a young lawyer was that part of the obligation and privilege of being a lawyer is to become involved in the community and lead however you can,” Mr. Troy says. Mr. Troy, a partner at Kane, Pugh, Knoell, Troy & Kramer, took that early lesson to heart. He is an active supporter of Montgomery County non-profit organizations such as Legal Aid of Southeastern Pennsylvania (LASP) and the Montgomery Child Advocacy Project (MCAP), and through the years has been a dedicated leader at the Montgomery Bar Association. It was in 1997 that Mr. Troy met a Montgomery Bar Association member who would make an indelible impression on him of what it means to be a lawyer. “He said to me that the most satisfying thing he had done in his career was charitable giving. That caught me by surprise,” Mr. Troy says. “He told me that he gave ten percent of his earnings to charity each year, and that really caught me flatfooted.” As a young lawyer with a new mortgage and 2-year-old twins, charitable giving had not been at the forefront of his mind. But after that meeting he thought hard about their conversation, discussed it with his wife Liz, and became inspired by the charitable work people around him were doing. He decided then to make a commitment to incrementally increase what he would give each year.

The question of where to give would come next. “As a firm, we’re very committed to staying in Norristown. And spending so much time here, you don’t have to look very far to see the need,” Mr. Troy says. “The soup kitchen at St. John’s is right behind our office,” he notes. And right down the street from his office is Legal Aid of Southeastern Pennsylvania, where one day Mr. Troy walked to drop off a check. “I was in the waiting room and saw a mom with a couple of kids running around. She had another child on her knee. They put a face to the need in our community that I hadn’t seen before.” With the decline of government funding, it has become apparent to Mr. Troy that if lawyers don’t help Legal Aid, it is likely no one else will. “For Legal Aid, which serves the poor in our community, if it’s not lawyers, I don’t know if ordinary citizens would be compelled to help. As lawyers in this county we have to think about where we can have the most impact with our charitable giving, and I really believe we can make the biggest impact for our donated dollar by supporting local organizations like LASP and MCAP.” And if Mr. Troy’s dedication to the community inspires a new generation of young lawyers, as he was inspired nearly twenty years ago, his impact will be even greater, bearing fruit in Montgomery County for years to come.

SPRING 2016 29


MONTGOMERYBAR.ORG

SIDEBAR FEATURE

MBA Welcomes New Leaders O

n Friday, January 8, 2016, the MBA held its Annual Business Luncheon Meeting at Plymouth Country Club in Plymouth Meeting, PA. Over 250 local dignitaries, legal professionals and community leaders attended the event which included the election of the MBA’s officers for 2016 and an awards presentation to honor area attorneys, members of law enforcement and community leaders, as well as the installation of its new president, Carolyn R. Mirabile, Esq., with the ceremonial passing of the gavel. Mirabile, a graduate of Plymouth-Whitemarsh High School and Villanova University, currently resides in Layafette Hill, PA. She is a partner in the law firm Weber Gallagher Simpson Stapleton Fires & Newby, LLP, and focuses her practice on family law matters, including divorce, custody, support, equitable distribution and marital agreements. Ms. Mirabile handles complex family law cases in the five-county area and frequently utilizes the services of both forensic experts and custody evaluators. She has successfully argued cases on appeal before both the Supreme Court and Superior Courts of Pennsylvania. She is also a court-appointed custody

and divorce mediator. Ms. Mirabile first joined the Montgomery Bar in July of 1992 and she has served consistently in various leadership capacities since 1995. She has served as a director, an officer, and has chaired numerous committees. She is also a past-president of both its Family Law Section and Trial Lawyers Section. Upon installment, she will be the fourth woman to serve as president in the Bar’s 131-year history, and the first family law attorney to hold the Bar’s top office in over a decade. Ms. Mirabile is also an active member of the Pennsylvania Bar Association, where she presently serves as a member of the House of Delegates and is a past Council Member and Programming Chair of the Pennsylvania Bar Association’s Family Law Section. For the 2016 Bar Year, Eric B. Smith, Esq., will serve as President-Elect, Mary C. Pugh, Esq., will serve as Vice President, Gregory R. Gifford, Esq., will serve as Treasurer and Patrick J. Kurtas, Esq., will serve as Secretary. 2015 MBF President Steven H. Lupin (right) presents The Honorable Louis D. Stefan Award to Norristown Police Chief Mark E. Talbot, Sr.

Immediate Past President Bruce Pancio (left) passes the gavel to 2016 President Carolyn R. Mirabile, Esq.

30 SIDEBAR


MONTGOMERYBAR.ORG

Tracey Barnes, RP, Pa.C.P., (left) accepts The Honorable Milton O. Moss Award on behalf of the Montgomery County Paralegal Association for distinguished service to the judicial system from 2015 MBF President Steven H. Lupin.

Jack Costello (left) and Jim Mathias (center) accept the President’s Award from 2015 MBA President Bruce Pancio.

Also of Note: Roger J. Harrington, Jr., Esq., of Elliot Greenleaf & Siedzikowski, P.C. in Blue Bell, was named President of the MBA’s Trial Lawyers Section, Lindette C. Hassan, Esq., of Fox Rothschild, LLP in Blue Bell was named Chair of the MBA’s Young Lawyers Section, Stephanie H. Winegrad, Esq., of Obermayer Rebmann Maxwell & Hippel LLP in West Conshohocken was named Chair of the MBA’s Family Law Section, and Janet E. Amacher, Esq., a solo practitioner in North Wales, was named Chair of the MBA’s Probate and Tax Section.

Colin O’Boyle (left) received the Young Lawyers Section Award from 2016 YLS Chair Lindette C. Hassan.

Accepting the Committee of the Year Award on behalf of the Leadership Committee is Chair Hon. Carolyn Tornetta Carluccio (left) and Vice-Chair Cheryl L. Young (center) from 2015 MBA President Bruce Pancio. SPRING 2016 31


MONTGOMERYBAR.ORG

SIDEBAR FEATURE

Past President Profiles Part IV By William H. Pugh, IV, Esq., Council Chair, Council of Past Presidents

2011: HON. CAROLYN TORNETTA CARLUCCIO Bench Bar: Crystal Springs Resort, Hamburg, NJ Truly another pioneer, Judge Carluccio was the third woman President and the first sitting Judge to so serve. Judge Carluccio returned to Montgomery County from the U.S. Attorney’s Office in Delaware where she prosecuted high profile drug dealers, white collar and health care cases. She first served our County as Chief Public Defender, and then Chief Deputy Solicitor and was Acting Director of Human Resources for 3,700 County employees. Her civic and community endeavors are too numerous to mention, but include participation with the Montgomery County Community College, Triangle Club, Gwynedd Mercy College, Drexel and Villanova Law Schools. At the MBA, the Judge spearheaded both the Courting Art Initiative and the Leadership Academy. Recently, she was elected to the Executive Committee of the State Trial Judges and is the recipient of the coveted Margaret Richardson Award as one who has advanced the role of women in the field of law. Judge Carluccio is married to Special Prosecutor and oenophile Tom, the two forming still another MBA power couple.

32 SIDEBAR

2012: DONALD M. MARTIN Bench Bar: New York City, NY

Don has a unique practice: As a sole practitioner in Norristown, he provides assistance to attorneys in the preparation and trial of complex cases, as well as providing Appellate expertise. He oversees class action and asbestos matters for our Court and serves our Senior Judges as their law clerk as an appointed Judicial Officer. He dreads polar bears, probably because he received his undergraduate degree at the University of Chicago. He has chaired the PBA Solo and Small Firm Practice Section and last May, he attained the exalted position of Chair of the PBA House of Delegates. About which Don states the following: “I’ve already ruled Bill Pugh, IV out of order and I look forward to doing the same to Mason Avrigian. Then my Bar service will be complete and I’ll be able to concentrate on my job and real life.” Mr. Speaker, your wit is wry and dry, as always.


MONTGOMERYBAR.ORG

2013: PAUL C. TROY Bench Bar: Annapolis, MD

A graduate of Lehigh University and Dickinson Law, Paul first served as law clerk to the late Judge Subers, then in 1991 joined Kane, Pugh, Knoell, Troy & Kramer, LLP where he has developed a far ranging trial practice including professional liability defense and transportation law. He is a frequent lecturer to law firms on legal malpractice avoidance and has authored numerous published articles on a variety of civil litigation subjects. He is listed as one of the top 100 lawyers in Pennsylvania by Philadelphia Magazine. In 1998, he was elected Chair of the PBA Young Lawyers Division in a hotly contested election which he says “may have been decided on merit or by a busload of MBA members travelling to Harrisburg to vote for him.” He claims that no beer was involved. Paul served on the PBA Board of Governors for several years and presided as Speaker of the House of Delegates from 20032005. He was President of the Pennsylvania Bar Institute in 20112012. A Past President of the Montgomery County Trial Lawyers Association, he received its James P. Fox Trial Lawyer of the Year Award in 2011. He is widely known as a “lawyer’s lawyer.”

2014: MICHAEL F. ROGERS Bench Bar: Cambridge, MD

Chair of the Tax and Estates Department of Salvo, Rogers & Elinski in Blue Bell and a frequent lecturer for PBI and other professional education providers, Mike is perhaps the most educated of our Past Presidents. Not only does he hold Bachelors and JD degrees, but an LLM in Taxation and a Masters in Business Administration—he is also a CPA!

His expertise in these fields has been invaluable in guiding the financial affairs of the MBA.

During his Presidency, he created the Leadership Initiative Program resulting in the establishment of the Leadership Academy which helps candidates advance into positions of leadership within the Bar and the community. Mike’s type of leadership benefits us all. Such leadership is the hallmark of our Past Presidents and undoubtedly our future Presidents. By the way, Mike is also one of the nicest, self-effacing people you will meet.

2015: BRUCE PANCIO Bench Bar: Bedford Springs, PA Co-founding partner of the Lansdale civil litigation firm Walsh Pancio, LLC, our immediate Past President presided over an eventful and successful year. Importantly, he fought hard to parry partisan political attacks on the recommendations of the Judiciary Committee and led the MBA to utilize mailers and print ads to get our message across to the public, which responded by electing only candidates recommended by the Committee even though the majority party endorsed a “not recommended” candidate. Bruce provided the leadership to substantially increase MBA funding to our charitable arm, the Montgomery Bar Foundation, and worked with the Leadership Academy to create the position of Pro Bono Coordinator who will provide guidance for citizens in need of legal aid. He initiated and hosted two special events celebrating the continuing success of the MBA: a dinner honoring Nancy R. Paul for her 25 years of service as our Executive Director and a Gala honoring the five MBA attorneys holding leadership positions in the PBA. With Bruce’s exemplary leadership and that of those who have gone before as models, it is certain such excellence will continue in future years under President Carolyn M. Mirabile, President-Elect Eric B. Smith, Vice President Mary C. Pugh, Treasurer Gregory R. Gifford, Secretary Patrick J. Kurtas and beyond. Thus concludes this series of three articles. I wish to thank Kane, Pugh, Knoell, Troy & Kramer, LLP and stalwart Evelyn Calhoun for her assistance and patience with my many drafts and revisions throughout the process. Thanks also to the Past Presidents who provided the information for the Profiles, albeit reluctantly in some cases. SPRING 2016 33


MONTGOMERYBAR.ORG

YOUNG LAWYERS

This Year’s Verdict: 2016 Mock Trial Competition a

SUCCESS By Peter J. Johnsen, Esq.

O

n February 3, 2016, students hailing from over twenty high schools from across Montgomery County converged on the Montgomery County Court House to participate in the 2016 Mock Trial Competition. Now in its thirty-second year, Pennsylvania’s statewide Mock Trial Competition boasts participation from almost 300 high schools from across the Commonwealth.

and practical tips to the students they had just observed. The team with the higher score advanced each round. This year, students from Lower Moreland High School were crowned regional winner. On April 1 and April 2, they will make the drive to Harrisburg to compete against fourteen other Regional Champions in the Pennsylvania Bar Association Statewide Mock Trial Championships.

Brought to life through the coordinated efforts of this county’s esteemed judges, court staff, and the MBA’s Young Lawyers Section, this year’s competition afforded students an opportunity to litigate an insurance coverage dispute between policy holder and policy provider. In Lilienthal Insurance, Inc. v. Natural Habitat Preserve, participating teams walked jurors through the grisly feud between members of the Natural Habitat Preserve and Wisawe Hunt Club. It was a feud that, ultimately, resulted in a Hunt Club member’s injuries — and, a subsequent settlement to be paid by the preserve. As a result, “counsel” for both parties argued whether the preserve’s insurance provider was required to indemnify it against the settlement amount.

The annual competition’s success requires an extensive amount of collaboration between various members and sections of the Montgomery Bar. Lindette C. Hassan, current chair of the Young Lawyers Section, spearheaded organizational efforts, along with fellow YLS officers Aimee L. Kumer (Vice-Chair); Lindsay H. Childs (Secretary); and Michael J. Lyon (Treasurer). YLS Liaisons also assisted in planning efforts, and ensured that the trials ran as scheduled.

Teams argued this issue through five rounds of competition, putting their trial skills on display in front of volunteer jurors and county judges. The teams were comprised of eight members — including “attorneys,” and, team “witnesses.” During the competition’s preliminary rounds, students were given an opportunity to argue twice as both plaintiff and defense counsel. Students issued opening and closing remarks, examined expert and character witnesses, and entered exhibits into evidence — all the while asserting and responding to evidentiary objections. The volunteer jurors, who consisted mostly of Montgomery Bar Association members, scored teams on their respective presentations. While “deliberating,” jurors graded students on their opening and closing statements; the quality of their examinations; their ability in asserting and responding to evidentiary objections; and their overall level of preparedness. After tallying the scores, jurors were able to provide feedback

34 SIDEBAR

Likewise, after running through a full day’s docket, many esteemed judges of Montgomery County’s magisterial and Common Pleas courts turned their attention and time to preside over this year’s competition. Specifically, Hon. John D. Kessler and Hon. Karen Eisner Zucker of the Magisterial District Court volunteered to sit as judges. Moreover, many members of the Montgomery County Court of Common Pleas Bench also ensured the swift administration of mock justice, namely: Hon. S. Gerald Corso, Hon. Steven C. Tolliver, Jr., Hon. Thomas M. Del Ricci, Hon. Thomas C. Branca, Hon. Gail A. Weilheimer, Hon. Bernard A. Moore, Hon. Lois Eisner Murphy, Hon. Daniel J. Clifford, Hon. Judge Garrett D. Page, Hon. Steven T. O’Neill, Hon. Cheryl Lynne Austin, and President Judge William J. Furber, Jr. — who presided over the championship round. The MBA’s Young Lawyers Section, who sponsored the event, would like to thank the judges, jurors, and other individuals who volunteered their time and effort to make this year’s competition a resounding success.


MONTGOMERYBAR.ORG

YOUNG LAWYERS

Young Lawyers Lend a Hand on Dr. Martin Luther King, Jr. Day of Service

F

or the past three years, the Montgomery Bar Association’s Young Lawyers Section has honored the legacy of Dr. Martin Luther King, Jr. by participating in the National Day of Service, celebrated each year on Martin Luther King, Jr. Day. This year, the Young Lawyers Section partnered with the MBA’s Diversity Committee and volunteered their time at the Inter-Faith Housing Alliance (I-FHA) in Ambler, PA. Over 25 attorneys, friends, and family answered the call to service and completed three large painting projects at I-FHA’s facility. I-FHA Executive Director Marsha Eichelberger was on hand and remarked, “We were lucky to have so many members of the MBA spend their time with us; they were very energetic and committed to the project: they spackled and sanded, wiped down all the walls, taped and painted.” The work performed by MBA’s volunteers was very much appreciated by the I-FHA. Eichelberger notes “Their support allows Inter-Faith to commit more of our limited resources to our families instead of building and maintenance costs.” The I-FHA provides emergency and transitional shelter for families with children, emergency food relief, and intensive case management and supportive services. They rely on the generosity of many volunteers to meet their mission of “enabling families at risk to remain in or return to independent living.” Volunteer Bar Association members included the Honorable Cheryl Lynne Austin; the Honorable Mark A. Kearney; Lindsay Hanifan Childs, Esq.; Pamela Cunningham, Esq.; Barbara M. Daly, Esq.; Samantha A. Fagnan, Esq.; Jennifer Franks, Esq.; Kathleen Pinto Greenbaum, Esq.; Lindette C. Hassan, Esq.; Aimee L. Kumer, Esq.; Andrew J. Levin, Esq.; C.J. Lyford, Esq.; Michael Lyon, Esq.; Joseph A. McNellis, III, Esq.; Sondra Miller-Wein, Esq.; Melanie E. Murphy, Esq.; William G. Roark, Esq.; Rose Scott, Esq.; and Michael K. Terkanian, Esq.

SPRING 2016 35


MONTGOMERYBAR.ORG

WIRETAPS

MEMBERS in the News Michael L. Kleiman, of Bleczinski, Kleiman & Klein, LLC in King of Prussia, was recently appointed to the Board of Directors of Briar Bush Nature Center located in Abington, Pennsylvania. Kleiman focuses his practice in all areas of Family Law. Congratulations to Leslie K. Heffernen, of Heffernen Law PC, as she was recently elected as President of the Rotary Club of Ambler. Rotary devotes its efforts to providing grants and services to our local and global communities in need. Michael J. Savona was appointed Solicitor of the Zoning Hearing Board of Springfield Township, Montgomery County, Pennsylvania during the Township reorganization meeting on January 4, 2016. As solicitor, Mr. Savona will provide general legal advice and counsel to the members of the Zoning Hearing Board, which is a quasi-judicial tribunal charged with interpreting the Township zoning ordinance, and granting relief to property owners from the terms of the Township’s zoning requirements. Hamburg, Rubin, Mullin, Maxwell & Lupin is pleased to announce that William G. Roark participated as a panelist for the Bucknell Institute for Public Policy’s Seminar “Seeing Green: Is Pennsylvania Next to Regulate Medical Marijuana?” He was joined by State Representative Kerry Benninghoff, Chairman of the House Majority Policy Committee. The social, economic and political implications of Pennsylvania’s Medical Cannabis Act were discussed. Marshall Dennehey Warner Coleman & Goggin announced the launch of a Bankruptcy Litigation Practice Group within the firm’s Professional Liability Department. Attorneys in the practice group will counsel and defend clients in all aspects of bankruptcy-related litigation and protect the rights and interests of clients who find themselves as creditors in a bankruptcy. Carmina Y. D’Aversa recently spoke on the topic of business succession and tax planning at the Fall Meeting of the ABA Section of International Law held in Montreal, Canada. A full member of the international organization Society of Trust and Estate Practitioners (STEP), Ms. D’Aversa concentrates her practice in domestic and international tax planning and compliance. Mannion Prior, LLP is pleased to welcome Jennifer DiVeterano Gayle as a partner in the firm. Ms. Gayle joined Mannion Prior in the fall of 2007 and served as an associate attorney before becoming partner. Named one of 2015’s “Lawyers on the Fast Track” by The Legal Intelligencer, Ms. Gayle concentrates her practice in litigation involving trusts, estates, guardianships and other fiduciary matters. She also serves as a

36 SIDEBAR

volunteer child advocate attorney for the Montgomery Child Advocacy Project (MCAP). Mannion Prior, LLP is also pleased to announce the opening of its Bucks County office at the newly-renovated Nathan James Building, 108 North Main Street, Suite 103 in Doylestown. Karl Prior and Obadiah G. English will lead the Bucks County office. Neil Hurowitz has been selected to be listed in the 2016 Best Lawyers in America publication in the area of Family Law. Mr. Hurowitz, Special Counsel to Astor Weiss Kaplan & Mandel, LLP in Philadelphia, has been cited in the publication each year since 1983. He was also cited in the Best Lawyers of Greater Philadelphia 2016 and named one of Pennsylvania’s Top 100 Super Lawyers. He is a past president of the Pennsylvania Academy of Matrimonial Lawyers and a founder and past president of the Montgomery County Trial Lawyers Association. The law firm of O’Donnell, Weiss & Mattei, P.C. is pleased to announce that Rebecca A. Hobbs, Esq., has recently completed the requirements and examination to become a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation. A Certified Elder Law Attorney not only specializes in the field of elder law, but is committed, through certification, to maintaining and improving their proficiency through continued practice and continuing legal education. Friedman Schuman, P.C. is pleased to announce that Melissa Paris Miller has joined the firm as an associate in the Medical Malpractice practice area. Melissa concentrates her practice on medical malpractice and personal injury matters. Melissa focuses on fighting for people who have been seriously injured as a result of medical mistake, surgical error, or some other wrong in the health care system. She has successfully obtained several six- and seven-figure verdicts and settlements. Melissa attended University of Maryland before receiving her law degree from the Delaware Law School of Widener University. While in law school, she distinguished herself as an executive board member of Widener’s trial advocacy honor society and won several awards for her trial, legal writing, and pro bono work. Melissa is admitted to practice in both Pennsylvania and New Jersey. McCausland, Keen & Buckman announced that Benjamin R. Picker was elected as a shareholder. Mr. Picker has practiced law since 2004 and has been a member of the firm’s Litigation practice group since 2007. His practice focuses on the counseling of companies and individuals involved in securities litigation and arbitration and other complex civil litigation matters. Mr. Picker focuses his practice on securities and commercial litigation. Mr. Picker earned his J.D. from Temple University Beasley School


MONTGOMERYBAR.ORG

of Law and his B.A. from the University of Maryland at College Park. Picker is an advisor and General Counsel of the National Collegiate Roller Hockey Association and Eastern Collegiate Roller Hockey Association.

Law practice group. He represents public school districts, charter schools, and other educational entities on a wide range of matters including student residency, discipline, enrollment, and compliance with state administrative guidelines and regulations.

Hamburg, Rubin, Mullin, Maxwell & Lupin is pleased to announce that Christen G. Pionzio was recently appointed Solicitor to the Montgomery County Prothonotary’s Office.

Steven F. Fairlie, of the North Wales law firm Fairlie & Lippy, P.C., appeared on CNN- News affiliate, WFMZ-TV, along with Attorney General Candidate John Morganelli, Joseph McGettigan, Esquire (who handled the prosecutions of Jerry Sandusky and John DuPont), and The Legal Intelligencer’s staff reporter, Lizzy McClellan, to discuss the Bill Cosby case on Christopher Naughton’s The American Law Journal. The panelists discussed the evidentiary issues and rulings that are likely to come up, the likelihood of a conviction or acquittal, what is motivating the prosecutors and defense attorneys, and whether Bill Cosby can get a fair trial in light of the extensive publicity in the case.

Maria Etzrodt Gibbons has recently been appointed Juvenile Dependency Master by the Court of Common Pleas of Montgomery County. She will also continue her private practice, as to Family Law cases only. The law firm of Hamburg, Rubin, Mullin, Maxwell & Lupin, PC is pleased to announce that attorney John F.Walko was recently appointed solicitor to the Montgomery County Recorder of Deeds. Rubin, Glickman, Steinberg and Gifford, P.C. is pleased to announce it has received a Tier 1 ranking as a 2016 Best Law Firm by U.S. News & World Report. This Tier 1 ranking is determined through an evaluation derived from a combination of client feedback, feedback from other lawyers, and firm surveys. This is the seventh consecutive year the firm has received this honor. Hamburg, Rubin, Mullin, Maxwell & Lupin is pleased to announce that Joseph J. McGrory, Jr., was recently appointed Solicitor for West Vincent Township, Chester County. Marc Robert Steinberg, managing partner of the Lansdale law firm of Rubin, Glickman, Steinberg and Gifford, has recently been named one of the Best Lawyers in America in the practice area of Criminal Defense: Non-White Collar by the National Best Lawyers Publication. Best Lawyers is the oldest and most respected peer-review publication in the legal profession. This is the fifth year that Mr. Steinberg has been awarded this honor. In 2014, Mr. Steinberg was named one of the Top 10 Criminal Defense Attorneys in the Commonwealth of Pennsylvania by the National Academy of Criminal Defense Attorneys. Wisler Pearlstine, LLP is pleased to announce that Rhonda K. Grubbs and Andrew R. Freimuth have been elected to partnership in the firm. Ms. Grubbs is a labor and employment attorney and a member of the firm’s Education Law Group. Mr. Freimuth is a member of the firm’s Municipal Law and Real Estate, Zoning and Land Development practice groups. Wisler Pearlstine, LLP is pleased to announce that Edward A. Diasio has joined the firm as an associate in the firm’s Education

Appeals and Briefs Anthony J. Vetrano

610.265.4441 630 Freedom Business Center Drive, Suite 215 King of Prussia, PA 19406 TonyVetrano@VetranoLaw.com www.PennsylvaniaAppealsLawyer.com

SPRING 2016 37


MONTGOMERYBAR.ORG

SIDEBAR FEATURE

Taking the Time to Ski By Timothy G. Daly, Esq.

W

e all have excuses which will allow us to become isolated in our work, home lives and any number of other commitments. However, a select few individuals have the sensibility to stop and smell the flowers, or, in this case, the crisp mountain air. On February 8, 2016, seven members of the Bar set their paths north to Blue Mountain for the Montgomery Bar Association Ski Event. It was my 12th consecutive trip, and I was accompanied by my wife Marti-Jean, and two sons. As always I was excited to see Joe Lynch, and his wife Trish, respectively the backbone of the event and the consummate hostess.

We hope some of you will choose to live your winter to the fullest by joining us next year.

After the morning session, a pandora of international cheeses was set out for the skiers. The bitterness of the British blue cheese was perfectly complimented by the “cranberry juice” (which had the distinct taste of pinot noir) brought by the Lynches. The wine and cheese reception is always the best part of the day. Everyone comes in sweating under their hats or helmets, and they step out of those uncomfortable ski boots into a world of warmth that could only be possible through the efforts of Joe and Trish Lynch. The Lynches even had one of their grandchildren (pictured) come with them. Although we are not all family, there is a camaraderie among the members who take the time to enjoy not only their careers, but the valuable time made possible through their careers. Among those who have this apparently rare gift of judgment are Dave Allenbach, Colin Hannings, John Howland, Jim Lynch, Joe Lynch, Ken Picardi and yours truly. Our families and friends continue to join us, but this writer would be derelict in his duty if he were to let this event remain the best kept secret in the Montgomery Bar Association. So, next January, when the snow begins to fall, remember that YOUR Bar Association not only provides you with discounted tickets to ski or snowboard, but it also feeds you distinctive cheeses, meats and Lynch’s Lemonade (which, again, has the dryness of a chardonnay somehow). We hope some of you will choose to live your winter to the fullest by joining us next year.

38 SIDEBAR


MONTGOMERYBAR.ORG

The need is constant. The gratification is instant. Give Blood.

UPCOMING MBA EVENTS January 2016 April 2016 April-29, 2016

Law Day Montgomery County Court House

Montgomery Bar Association Thursday, June 2, 2016 9 AM - 2 PM Space is limited and pre-registration is required. Visit www.redcrossblood.org today to schedule your appointment.

Montgomer y Bar Foundation Presents

Friday, June 24, 2016 Meadowlands Country Club NOW AVAILABLE! Tee and Green Sponsorships Starting at just $250 Raffle tickets, golf packages and more! Have fun and support a great cause For more info, visit Montgomoerbarfoundation.org or Montgomerybar.org.

Spanish & European Language Services

May 11, 2016

Courting Art Opening Reception and Awards Ceremony Montgomery County Community College Fine Arts Center

June 2, 2016

American Red Cross Blood Drive MBA Building

June 24, 2016

Legal Aid Golf Classic Meadowlands Country Club

June 30, 2016

Annual Clambake The Barn at Mermaid Lake

August 2016 (Date TBD)

Old vs. Young Lawyers Softball Game Norristown Area High School

September 23 - 25, 2016

Bench Bar Conference Skytop Lodge, Skytop, PA

Visit MBACLE.org for the latest schedule of upcoming CLEs. Visit montgomerybar.org for the latest schedule of events and to register for any of the above-mentioned events.

International, Cultural & Political Consulting

Dr. Peter Brampton Koelle

J.D. TEMPLE UNIVERSITY PH.D. UNIVERSITY OF PENNSYLVANIA 1.610.328.3215 peterbramptonkoelle@gmail.com

http://www.google.com/profiles/peterbramptonkoelle SPRING 2016 39


After you need him, you need us: Call IAB before bad gets worse. ™

We’re IAB, the Insurance Adjustment Bureau. We’re public adjusters, and we’re experts in the areas of insurance adjusting, claim preparation and settlement. We work for the policyholder, dealing directly with the insurance company, advising and assisting with policy interpretation, estimates, appraisals, inventories, loss documentation, claim filing, and negotiations. Most importantly, we’ll expedite the settlement and make sure your clients receive every penny to which they’re entitled. So, when disaster strikes, please call us anytime – 24 hours a day, 365 days a year. Because, after he puts out the fire, we’ll help pick up the pieces.

800.441.7109 or 610.667.1617. Or visit iabclaims.com Serving the community for over 50 years.

© 2016 Insurance Adjustment Bureau, Inc. Call IAB before bad gets worse. and Call us before bad gets worse. are trademarks of the Insurance Adjustment Bureau, Inc. All rights reserved.

Fire • Water • Storm


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.