President’s Message
LEGISLATORS SEEK INPUT FROM MBA MEMBERS By Michael F. Rogers, Esq., MBA President
M
ost of us have heard stories about laws that were once appropriate, but if still in force would make modern life unimaginable. My favorite such law is the long-repealed requirement in some states that an automobile driver had to send notice of at least one half-hour before entering a town so the streets could be cleared. While important when automobiles were not common and their presence caused panic among horses, modern commerce would come to a halt if such a law was still in force. Because the law evolves, legislation that was once appropriate sometimes outlives its usefulness, and its continued enforcement is counterproductive. Earlier this spring, local members of the Pennsylvania legislature attended a breakfast meeting here at the Bar Association. The meeting, chaired and hosted by longtime chairs of the MBA Government Relations Committee Mark A. Kearney and Jeffrey M. Lindy, included over twenty-five members of our Bar Association, dozens of state
representatives, and PA State Senator Stewart J. Greenleaf. The meeting provided a forum for members of the Bar Association, including leaders of the charitable organizations we support, such as Montgomery Child Advocacy Project and Legal Aid of Southeastern Pennsylvania, to have frank discussions with the legislators who were present regarding the future of funding for their activities. Those in attendance gained insight from the legislators into the current budget process and other issues of importance. Of particular interest to members of the Bar was pending legislation which proposes to affix sales tax to legal services. Another piece of proposed legislation would revise the procedure for legal advertising, which would directly affect the Montgomery County Law Reporter. Although the legislators were from different parties, the exchange was frank and cordial and everyone in attendance thought it was a very worthwhile opportunity. One other take-away from the meeting was the possibility that members of the Bar can directly influence the modernization of statutes and regulations. The legislators pointed out that very often there are provisions in our statutes and regulations which, although appropriate at the time they were enacted or promulgated, have
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outlived their usefulness and should be repealed or substantially modified. The legislators indicated that members of the Bar are in the best position to identify such antiquated provisions, due to our intimate knowledge of statutes and regulations that we work with when serving our clients. Such long-standing statutes and regulations may be rarely, if ever, reviewed by the legislature or regulatory authority, so they have no awareness of the need for change. This is our golden opportunity to bring such issues to their attention. To that end, the MBA will be soliciting your ideas as members of the Bar on particular components of legislation and/ or regulations which you believe are no longer appropriate, are counterproductive or are otherwise in need of revision. Please submit such ideas to Nancy Paul at the MBA (NancyPaul@ montgomerybar.org). After we receive your suggestion, it will be presented to the appropriate MBA substantive law committee for review and possible adjustment. It will then be referred to the appropriate legislator for consideration. This is an opportunity for each of us to help advance the cause of justice in the Commonwealth as we have a unique vantage point in these areas and are best able to identify issues for our clients and the citizens of Montgomery County and Pennsylvania. The legislators openly and warmly welcome our participation.