Montgomery Bar Association I Montgomery County, PA
WHAT’S NEW? WHAT’S NEXT? LEGAL EXPO 2013 Promises to be Anything but Typical
A Farewell to Harvey F. Strauss
Meet Your Candidates for Judge
MONTGOMERY COUNTY Moves to the Forefront of the Same-Sex Marriage Debate
Doing what counts for you and your clients. At Susquehanna Bank, weâ€™re doing what counts to offer competitive financial products and services, local decisionmaking and outstanding customer service to build lasting relationships â€” with people like you. Susquehanna combines the strengths of a community bank with those of a diverse financial services company. Thanks to our regional structure, we have local leaders with lending authority and teams who are committed to providing personalized service. Plus, we have the resources to provide funding ranging from small business loans to complex financing packages. Start the conversation today by visiting your nearest Susquehanna branch or by calling us at 610.263.8660.
Doing what countsâ„˘. | susquehanna.net Member FDIC
The SafeGuards program is a unique, local, full continuum of foster care, designed to treat sexualized children and adolescents who cannot remain with or return to their legal family. SafeGuards provides: An alternative to residential youth services Specialized services for intellectually & developmentally delayed youth & adolescents; and generalized delinquent issues Continuum of services including: disgnostic testing, individual, family & group therapy, risk assessment, psychiatric/medication evaluation & life skills training A newly-opened Supportive Independent Living Program for emerging adult transitional asistance
safeguardsfostercare.webs.com An affiliate of Pennsylvania Forensics Associates
610.372.1484 220 N. 5th Street I Reading, PA
IMMIGRATION: Fixing A Broken System
Montgomery Bar Association / Montgomery County PA
SIDEBAR COMMITTEE MEMBERS Co-Chairs Robert R. Watson, Jr., Esq. Gary J. Friedlander, Esq.
Regular columnists: Joel B. Bernbaum, Esq. Richard E. Cohen, Esq. Lindsay Hanifan, Esq. David R. Jacquette, Esq. Dennis R. Meakim, Esq. Elaine Moyer, Esq. William J. Newman, Esq. Douglas I. Zeiders, Esq.
MBA Staff George Cardenas IT Manager Jack Costello
A Farewell to Harvey F. Strauss
IN EVERY ISSUE...
Delaware Legal Expo...........................8
Bits & Bytes..........................................6 Lawyers Lending a Hand.....................7 Restaurant Review.............................25 Young Lawyers...................................30 Upcoming Events...............................31 Montgomery Bar Foundation.............32 Wiretaps.............................................38
A Farewell to Harvey F. Strauss........11 Collaborative Practice.......................13 MBA Fantasy Football 2013...............15 Cloud Services 101.............................16 Know Your Judicial Candidates........18 Immigration........................................20 MBA & USI Launch Online...................... Insurance Exchange..........................22 Financial Review ..............................24
Marketing Manager Jim Mathias Director of Marketing, Communications and Public Affairs Nancy R. Paul Executive Director The Sidebar Committee invites articles and news information of interest to the membership to be sent to: MBA, c/o Sidebar Committee, P.O. Box 268, Norristown, PA 19404-0268 or email: sidebar@ montgomerybar.org 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 2013 Officers Serving the Profession and the Community since 1885
Paul C. Troy, Esq., President
Mature Lawyers vs. Young Lawyers Annual Softball Game........................27
Michael F. Rogers, Esq., President-Elect
Bruce Pancio, Esq., Vice President
Mont. Co. Moves to the Forefront in the Same-Sex Marriage Debate........35 Annapolis Redux/Bench Bar.............36
Carolyn R. Mirabile, Esq., Treasurer Eric B. Smith, Esq., Secretary
It’s Your Turn to Lead By PAUL C. TROY, ESQ., MBA President
’ve seen a lot of lawyers enjoying the practice of law this year. On September 11th, I saw it at our Annual Clambake. I saw lawyers who compete against each other every day not only getting along, but having a really good time. I watched our Assistant District Attorneys and Public Defenders play softball against each other. They competed like they do every day. However, they also got a chance to laugh about it over dinner and drinks afterwards at the Clambake. That doesn’t happen every day.
At our Bench Bar Conference in Annapolis two weeks later, MBA Members and their families got together for
a wonderful weekend away. Twenty of our Judges were present. Lawyers who compete against each other regularly were seen walking around town together or having meals together at tables outside local restaurants. We had a CLE Program that will never be forgotten. In The Greatest Stories Never Told: How We Practice Law Before The Internet, The Hon. Mason Avrigian, Sr., Lynne GoldBikin, Marvin Wilenzik and William H. Pugh, IV told us hilarious stories from their decades of practicing law here. They had a lot of help. Time and again audience members rose to their feet to tell their own stories. Never was there so much laughter at a CLE Program. Both the Clambake and the Bench Bar Conference were celebrations of what it means to be a Montgomery County Lawyer. There is a tradition of courtesy among competitors here that can’t be matched anywhere else. In one of my first weeks of practicing law here, I was asked to defend a personal injury case. I spent an inordinate amount of time preparing my first set of Interrogatories and Document Requests, and reviewing the state and local rules. Finally, I served the discovery on my opponent. My opponent was Bill Honig. A few days later our receptionist told me that Bill Honig was downstairs to see me. I wondered what he wanted. Had he been so overwhelmed by my discovery requests that he had stopped by to surrender? When I got downstairs
I met Bill Honig for the first time. He was holding an accordion file. He looked at me and smiled and said “I got your discovery. I don’t have time to answer all that stuff. Here’s my entire file. Copy whatever you want and bring it down the street to my office. I was stunned. This was not what I had learned in three years of law school or what I expected. I thanked him, and ran back up the stairs to see Bill Pugh, IV. I asked him if this was a proper response to discovery. Bill laughed and said “sounds good to me!” Ever since that day I’ve learned again and again that we do things a bit differently here in Montgomery County, and that is a very good thing. It is something worth celebrating. The good news is that another chance to celebrate the way we practice law here in Montgomery County is right around the corner. It is our Annual Membership Dinner on Friday, November 1st at Meadowlands Country Club in Blue Bell. This event is for members only. This year we will be honoring Judge Tilson and Harvey Strauss. At the end of the year, Judge Tilson will become a Senior Judge and Harvey will be retiring from the position of Executive Director of Legal Aid of Southeastern Pennsylvania. We will also be honoring the Fifty Year Members of our Bar. In doing so we will celebrate the careers of attorneys who have set an example for all of us to try to follow as each of us tries to carry on the tradition of what it means to be a Montgomery County lawyer. Please join us on November 1st, and be a part of the celebration.
YOUR Business technology needs a game plan, too.
No one knows technology solutions like Stratix.
BITS & BYTES
The New Variety of Apples By Joel B. Bernbaum, Esq.
n early September, Apple unveiled two new iPhones and an updated operating system, iOS7. While the phones were an incremental improvement, the new operating system is a major overhaul that you will notice right from the opening screen. The new models are the 5s and the 5c, which look almost identical to the previous model except for some external features. The 5c is priced at $99 and the 5s is priced at $199 (for 16GB models). Both come with twoyear contracts and are available at most major retailers. The 5s sports many improvements, including an 8-megapixel camera (front and back), improved optics, burst mode (10-999 pictures in a single burst), image stabilization, slow-motion video and new filters and formats for the photos. While these improvements are terrific for the avid photographer, the average snapshot taker will not use many of these features to justify upgrading. The 5s sports a faster chip set (64 bit) and an innovative Touch ID system, which identifies you by your fingerprint when you touch the home screen instead of a pass code. Call this “cool,” but again, not in itself worth the upgrade from the previous iPhone 5. If you are out of contract and
have an iPhone 4 or below, this is the top of the line model and for a $100 more than the 5c, you get the latest and best from Apple. You will see a big difference. The 5c is, as I stated, $100 less and it is essentially the 5s “lite.” No touch ID, a plastic body (many new colors!) not the top of the line camera, etc. This is not a cheap phone, it is solid and feels sturdy. The plastic body does not detract from the phone, it merely allowed Apple to discount the price. The colors will appeal to many people and for the money, this is the phone to choose for the upgrade. The new operating system, iOS7, is a different story. Right away you will notice the font has been changed. The new look is modern, sleek and easy to read. It is cleaner, flat and sometimes translucent. It adapts to the background images to change the overall color of the folders, backgrounds and apps. The included weather, calculator and flashlight apps are very good and replace third party apps that you are probably using. These apps are
accessible from the lock screen by swiping up from the bottom without unlocking the phone (Control Center). In addition you can adjust music from apps that are running in the background. If you swipe from the top of the lock screen, you see your appointments, To Do’s, weather, traffic and other items set up from your notifications settings in Tools. You can also swipe from left to right in many apps to go back one screen or page. The folders that you can create may now have unlimited apps within them rather than the 8 or so permitted in iOS6. A new feature, AirDrop, lets you share, wirelessly, photos, contacts and other files with people close-by that have iOS & capable devices. Apple’s personal assistant now has a male voice in addition many new languages. Siri does a better job of displaying search results. Siri can also answer phone calls and has a broader range of results and tasks. One cool feature is the new iTunes Radio, which is a Pandora-like streaming music app that can be controlled by Siri. Works great, but make sure you are using wi-fi or your cell data minutes will be used up quickly. Some other goodies: auto updates of apps, carpenter’s level in the new compass app, improved maps, and smarter wi-fi connectivity. This new operating platform is also a free upgrade and can be downloaded from your existing iPhone (again, make sure you are connected to wi-fi) or via iTunes. If you are not upgrading your phone, iOS7 will make you feel you did. Enjoy! Please send your questions and comments to me at firstname.lastname@example.org.
lawyers lending a hand
#GivingTuesday 2013 “Celebrate the giving season’s opening day.”
hat’s the idea behind #GivingTuesday.™ Following on the heels of Black Friday and Cyber Monday, #GivingTuesday was launched last year as a campaign to create a national day of giving why not take the money you save and share it with a worthy cause on #GivingTuesday? Founded in 2012 by a New York City-based coalition of non-profit organizations and community leaders, #GivingTuesday was conceived of as a call to action to celebrate the season of giving meaningfully – by spreading the word, and donating time and money. Businesses, families and individuals are encouraged to be generous in whatever way is meaningful, whether by volunteering at a local charity or donating to a favorite cause. #GivingTuesday is not a fundraising campaign. Charities are encouraged to take advantage of this call to action by undertaking their own fundraising and friend raising campaigns. The founders of #GivingTuesday relied heavily on strategic partnerships, particularly the Huffington Post, and social media, to help spread the word. Their social media communications campaign was particularly effective, with more than 50 million people worldwide tweeting about the event, a milestone trending on Twitter. Even in its first year, the call to action was heard and responded to by thousands of generous contributors. The Chronicle of Philanthropy reports that the first #GivingTuesday drew donations to about 2,600 nonprofits.
Because it is timed to occur when many charities are gearing up for their annual fundraising campaigns, a major source of support for programs and operations, #GivingTuesday fueled a marked increase in charitable giving. They report that the number of donations on #GivingTuesday 2012 alone increased by 53% over the Tuesday after Thanksgiving the previous year. Moreover, the average gift increased by 25%. Case in point: the American Diabetes Association reported that its #GivingTuesday campaign alone raised approximately $21,000 despite having only three weeks to get its campaign off the ground, and its impact continued through to the end of the year. The Montgomery Bar Foundation (MBF) is proud to sign on as a #GivingTuesday partner this year. As the charitable arm of the Montgomery Bar Association, the MBF embodies the local legal community’s commitment to giving back. Our mission is to help ensure that the gates of justice are open to the most vulnerable members of our community. Through our annual grants, we support organizations that make this a reality by providing free, quality legal assistance to victims of crime, abuse, poverty and discrimination. These organizations help secure access to the protections of the courts, as well as to vital social services that can tangibly improve their circumstances. As public funding for legal aid continues to shrink, the generous support we receive from many members of the legal community enable the Montgomery Bar Foundation to serve as SIDEBAR
one of the few sources of support for free legal assistance. Our #GivingTuesday campaign is focused on spreading this base of support to include businesses and individuals who believe in the cause of justice and want to make a tangible impact on the lives of abused women and children, exploited seniors, disintegrating families and individuals with disabilities. As part of this effort, we are endeavoring to build a working group of strategic partners who want to contribute their time and money and can help spread the word. We believe our efforts can have a meaningful impact on the organizations we support, and on the many other charities that contribute to the vitality of our community.
To learn more, contact Nancy Paul, Executive Director of the Montgomery Bar Foundation, at email@example.com
Or visit #GivingTuesday at givingtuesday.org.
MBA / FEATURE
Delaware Valley Legal Expo... Not Your Typical Trade Show
e’ve all been to it – the dreaded trade show. The mile-long trek from the parking lot; the grueling lines at registration; the drab, cavernous exhibit hall packed with endless rows of carnival barkers hawking their wares. After a few minutes of sensory overload, you’ve had enough. You’re tired, thirsty, and hungry. You’re bored.
Enter the Delaware Valley Legal Expo. From the moment you enter the posh surroundings of Presidential Caterers, you’re hit with the realization that this particular trade show is anything but typical. Perhaps the warm, welcoming lobby with grand staircases, elegant chandeliers and tasteful décor is your first clue. After a quick and cost free registration, you’re given the choice of two
exquisite ballrooms in which to begin what promises to be a unique and worthwhile experience. Leisurely, you stroll down plush carpeted aisles – stopping to converse with friends, colleagues and knowledgeable vendors. You learn about cost saving solutions, time saving strategies, emerging technologies and more. A friendly wait staff roams the halls as you partake in the first of many mouthwatering hors
MBA / FEATURE
d’oeuvres – included, of course, with your free admission. You catch up with colleagues, exchange ideas and share your experiences. Maybe you visit the bar, free drink ticket in hand, for a cocktail or a cold soda. And if experiencing this while supporting your association and those who support us is not reason enough, there’s more. Dozens upon dozens of valuable prizes will be given away at this year’s Expo; prizes like a new iPad, the latest Microsoft Surface tablet, and more. Like hundreds of others, you leave happy, satisfied, and armed with ideas and strategies to improve your practice. Who knows, if you’re lucky enough you may even leave with a fresh baked pie or a bottle of wine for you and your family to enjoy over Thanksgiving dinner.
“Like hundreds of others, you leave happy, satisfied, and armed with ideas and strategies to improve your practice.” Now in its 18th year, the Delaware Valley Legal Expo continues to push boundaries and change expectations of what a trade show can be. Conceived, promoted, and conducted through a joint venture between the Association of Legal Administrators – Independence Chapter and the Montgomery Bar Association, the Legal Expo is designed for members of the legal community
by members of the legal community. It is this unique perspective that allows for the specific portfolio of legal products and services that are represented. Whether you’re looking for a cloud-based management system, payment solutions, court reporters, or even gift baskets – you’ll find them all at the Legal Expo. Every year, the ALA and MBA put a unique spin on each year’s expo. This year, they’ve tapped TechWise Group and their partners at Microsoft who will be hosting an interactive Technology Experience Center. Experts will be on hand to demonstrate Microsoft’s cloud-based Office 365 on some of the newest Continued on page 10
MBA / FEATURE
NEW FOR 2013... Start your Legal Expo experience early. Follow the MBA on Facebook and Twitter (links on www.montgomerybar.org) for exciting news from exhibitors regarding prizes and promotions. Get a sneak peak at some of the products and services that you’ll find at the Expo. Use and follow hashtag #DVLegalExpo to participate!
Delaware Valley Legal Expo
hand-held technologies, laptops and tablet devices. Attendees are not the only ones who anticipate this yearly event. Exhibitors look forward to it just as much, if not more. It’s their chance to meet with customers one-on-one. Karen Strehlow Kmetz, of Strehlow Court Reporting (affectionately known as the “pie and wine ladies” for their annual tradition of distributing hundreds of pies and bottles of wine to attendees) remarks “we meet great new friends and clients and truly enjoy this event.” Pat Mosesso, President of Morgan Wentworth, LLC says of the expo “we knew [it] would be a positive business experience, we didn’t expect it to be so much fun!” The expo component is only half of the experience. The Legal Expo has
grown into a full-fledged networking event. It’s a natural gathering place for area attorneys, judges, paralegals, administrators and other law firm staff. Not only will you forge new relationships with potential business partners, but the relaxed atmosphere allows for casual conversation with colleagues, friends, and fellow members of the local legal community. Hors d’oeuvres and two fully-stocked bars add to the networking feel. The Delaware Valley Legal Expo is free to attend for anyone and everyone working in a law office, corporate legal department, our courts or a law-related profession. Plan on closing the office a little early on Wednesday, November 13th and insist that your colleagues join you to experience this once-a-year event.
Date: Wednesday, November 13, 2013 Time: 3:00 PM – 7:00 PM Place: Presidential Caterers, 2910 Dekalb Pike, East Norriton, PA 19401 Register for free at
Presidential Caterers is conveniently located at the corner of Dekalb Pike and Germantown Pike in East Norriton, PA and is easily accessible from many major highways, including the PA turnpike, 202, 76, and 476. Ample parking is available. Be warned, you may never look at a trade show or expo the same way ever again.
MBA / FEATURE
Legal Aid of Southeast PA Says Goodbye to a Legend: Harvey F. Strauss, Esq. By Elizabeth Wood Fritsch, Esq. obtained, Harvey was promoted to lead the organization as it grew and spread its wings.
arvey Strauss has dedicated his entire legal career to serving the poor and vulnerable among us. After graduating from New York University and Boston University School of Law, Harvey landed his first job with the Legal Aid Society of Oneida County in New York State. After a brief stint there and at the Legal Aid Society of Philadelphia, Harvey came out to beautiful Montgomery County in 1976. The Montgomery County Legal Aid Service had been formed not too many years before by members of the Montgomery Bar Association and had three employees: a director, staff attorney and secretary. Harvey became the staff attorney and served in that capacity for 2 years. When new federal funding from the Legal Services Corporation (LSC) was
For the next 37 years Harvey led Montgomery County Legal Aid courageously through good times and bad. The late seventies and very early eighties were a time of rapid expansion. The original three employees housed in Norristown grew to seven attorneys and several paralegals and support staff working out of three offices in Norristown, Willow Grove and Pottstown. Then, just as suddenly, a new administration came into Washington and federal funding for legal services was drastically cut. Within a short time the Willow Grove office was closed, several staff laid off and services consolidated into the two remaining offices in Norristown and Pottstown. During the late eighties and early nineties, Harvey worked diligently to diversify funding, build a cadre of skilled, experienced advocates, develop a volunteer attorney pro bono program, and open outreach sites in Willow Grove and Lansdale. In the process he established the program’s reputation for excellence and integrity in the legal community. In 1997, a new crisis arose. This time, LSC chose to give the funding for Montgomery County to a private law firm that proposed to provide telephone advice in Montgomery and Delaware Counties. Harvey successfully mobilized supporters to fight this decision and, under pressure, the private law firm withdrew its bid and funding was restored. Just as the program was
recovering, Harvey faced another enormous challenge – LSC threatened to give Montgomery County Legal Aid’s funding to a legal services program in Philadelphia unless it agreed to merge with other county legal aid programs in the region. After much consideration, Harvey and his Board recognized that the best interests of the client communities in Montgomery County lay in retaining LSC funding
“During the late eighties and early nineties, Harvey worked diligently to diversify funding, build a cadre of skilled, experienced advocates, develop a volunteer attorney pro bono program, and open outreach sites in Willow Grove and Lansdale. In the process he established the program’s reputation for excellence and integrity in the legal community.” by consolidating the four county programs surrounding Philadelphia. As a result, Harvey became one of the two directors chosen to lead the new Legal Aid of Southeastern Pennsylvania. Since 2001, Harvey and his
Continued on page 12
MBA / FEATURE co-director have faced new challenges, including continued and increasingly severe cuts to government funding during the economic downturn. Through it all, Harvey has led with resilience and fortitude. On a more personal note, anyone who knows Harvey knows of his forthrightness, his humility, his warmth and his sense of humor. These qualities are such an integral part of his leadership style that six of the attorneys he hired in the late 70s and early 80s are still working for LASP some 30 years later. Harvey also has an incredible memory which, combined with his interest in the people around him, means he remembers not only your name and firm or business but your children and the sport teams they play on, (or recent cruises you took). When asked about his plans for the future, Harvey is keeping his options open. But you can be sure that he will be planning his next cruise and spending as much time as possible with his wonderful wife and two terrific children.
Top: Cary L. Flitter (center) presents Cy Pres award to Elizabeth Wood Fritsch, and Harvey Strauss. Right: Harvey Strauss accepts proceeds from the Legal Aid Golf Classic from then-MBA President Hon. Carolyn Tornetta Carluccio.
30 + Year Experie s nce
PENNSYLVANIA FORENSIC ASSOCIATES SPECIALISTS IN OFFENDER TREATMENT SERVICES
Our treatment approach emphasizes comprehensive assessment, family involvement, and close cooperation within the judicial system. Our Civil, Family & Criminal Court Services include: Sexual Abuse Evaluations Domestic Abuse Allegation Evaluations Competence Evaluations
Pre-sentencing Evaluations Assessment of Risk Evaluations Custody Evaluations
Doctoral-level Psychologists/Clinicians, SOAB (Sex Offender Assessment Board) Approved, ATSA/MARATS members, Forensic Clinical Faculty at Immaculata University, Philadelphia College of Osteopathic Medicine & Widener University
PENNFA.COM I 610.372.7960 I READING, PA I generalmailbox@RSOTS.com
MBA / FEATURE
Collaborative Practice–Ethics of an Unbundled Legal Service By Jean Biesecker, J.D., MS with contributions from Barbara Zulick, Esq
he practice of Collaborative Law (CL) is increasingly recognized as one option avail- able to clients in a spectrum of unbundled legal services. The Uniform Law Commission enacted the Uniform Collaborative Law Act (“UCLA”) on July 15, 2009, to establish uniformity in the practice of CL and to address ethical issues for lawyers inherent in this practice. At this writing, there is no Pennsylvania legislative or judicial act governing CL. This article will be the first in an occasional series of articles about the intersection of CL and the Pennsylvania Rules of Professional Conduct (Rules). Unique to CL is the Participation Agreement (“Agreement”) that contains core elements of the process which include: 1) stay of court proceedings, subject to limited exceptions; 2) confidentiality; 3) waiver of privileged communications; 4) waiver of formal discovery – commitment to voluntary disclosures; and 5) withdrawal of attorneys if the process terminates without a resolution. The process is initiated with the parties signing the Agreement and the attorney’s signing an acknowedgement that their representa-
tion is limited to the CL process. The Agreement, as well as the attorney/client engagement letter, clarify and limit the scope of the attorney’s representation. Is this limited scope of representation permissible under the Rules and, if so, under what circumstances? The Rules clearly permit limited scope engagements in which the lawyer provides a specific designated service. Rule 1.2(c) provides, “A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.” Agreements limiting an attorney’s engagement have found approval in Pennsylvania ethics opinions, subject to the scrutiny of the two-prong test. First, the limitations imposed upon the attorney’s service must be reasonable under the circumstances. A Pennsylvania Opinion suggests that this is a “case-specific and fact-specific analysis” and finds instructive recommendations posed by authors of a Family Court Review article “that lawyers take into account the individual parties’ capabilities, attitudes about professional services, and preferences about risk when recommending a process to clients.” The Opinion cautions the attorney to be certain that the limited scope of representation enables the attorney to competently represent the client , which requires the attorney to have the “legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” Rule 1.1. Second, the client must give informed consent to the limited scope of representation, requiring the lawyer
to communicate “adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.” Rule 1.0(e). A Formal Ethics Opinion of the American Bar Association found that in order for a client to make an informed decision to contractually engage in the Collaborative Process: The lawyer must provide adequate information about the rules or contractual terms governing the collaborative process, its advantages and disadvantages, and the alternatives. The lawyer also must assure that the client understands that, if the collaborative law procedure does not result in settlement of the dispute and litigation is the only recourse, the collaborative lawyer must withdraw and the parties must retain new lawyers to prepare the matter for trial. In summary, an attorney’s limited scope of representation in the CL process is ethical and subject to the scrutiny of Rule 2.1(c)’s two-pronged test. Although not required by the Rules, the Pennsylvania Opinion suggests that a CL attorney is well served by having a written document that clearly establishes the attorney’s scope of representation. The Commission has responsibility for drafting uniform laws such as the Uniform Commercial Code, Uniform Arbitration Act and Uniform Mediation Act. Pennsylvania Bar Ass’n Comm. On Legal Eth. & Profl’l Resp. Inf Op 2004-24; Pennsylvania Bar Ass’n Comm. On Legal Eth. & Prof’l Resp. Joint Formal Op 2011-100. Pennsylvania Inf Op 200424, supra at 9, citing to Fitting the Forum to the Family Fuss, Choosing Mediation, Collaborative Law or Cooperative Law for Negotiating Divorce Cases, 41 Family Court Review. Pennsylvania Inf Op 200424, supra at 9. ABA Eth. Op. 07-447 at 3. Pennsylvania Inf Op 2004-24, supra at 10.
Helping you preserve, protect and grow your assets. Susquehanna Wealth Management is ready to help you develop a long-term strategy to meet your unique financial goals—for all of life’s stages. Our comprehensive services range from personalized, professional portfolio management to trust and private client services. And we understand that, as your assets change, so do your needs.
Wealth Management Solutions • Investment Management Services • Retirement Plan Services* • Trust and Private Client Services * Offered through Valley Forge Asset Management Corp.
Mike Foster 610.687.6800
Doing what counts™. | susquehanna.net Susquehanna Wealth Management is a registered service mark of Susquehanna Bancshares, Inc. Trust and Private Client Services are offered through Susquehanna Trust & Investment Company, a Pennsylvania chartered trust company. Retirement Plan Services are offered through Valley Forge Asset Management Corp. (VFAM). Securities, insurance products and investment advisory services are offered through VFAM and Stratton Management Company, both wholly owned subsidiaries and non-bank affiliates of SBI. VFAM is a SEC registered investment advisor, a registered broker-dealer (Member FINRA/SIPC) and a licensed insurance agency. Stratton Management Company is a SEC registered investment advisor. Trademarks belong to their respective entities. VFAM is unaffiliated with Montgomery Bar Association.
This is where
go for protection. USI Affinity and the Montgomery Bar Association will always insist on quality insurance coverage for MBA members – no matter the size of your firm or your area of practice. That’s one reason why we switched to a carrier who will offer you the broad coverage and competitive pricing you deserve.
Only USI Affinity is endorsed by the Montgomery Bar Association. Our new Lawyers’ Professional Liability (LPL) insurance program is now underwritten by a CNA member company. CNA is the largest provider of LPL insurance in the country.
for making a mark in Montgomery County.
Members will now enjoy: • Broad coverage, valuable member credits and policy features designed for Pennsylvania firms of all sizes. • A 5% Bar Association Membership credit. This will be applied to your LPL premium for each attorney enrolled in the program. • 7.5% credit per attorney for 2 years after completing a qualifying CNA risk-management seminar.
Call 1.855.USI.0100 PIN 766 now for your FREE quote. www.mybarinsurance.com/mba
Advised and administered by
The Montgomery Bar Association Lawyers’ Professional Liability Insurance Program
The PNC Financial Services Group, Inc. (“PNC”) uses the name PNC Wealth Management®, to provide investment and wealth management, fiduciary services, FDIC-insured banking products and services and lending of funds through its subsidiary, PNC Bank, National Association, which is a Member FDIC. Investments: Not FDIC Insured. No Bank Guarantee. May Lose Value. ©2013 The PNC Financial Services Group, Inc. All rights reserved.
MBA / FEATURE
MBA Fantasy Football League 2013 By Christopher M. Horn, Esq., MBA Fantasy Football League Commissioner
n 2010, the MBA’s Young Lawyers Section introduced its Fantasy Football League event to the MBA. In its fledgling year, the FFL started with three leagues of MBA members and sponsors. That season, the pilot program took home a special recognition award from the Pennsylvania Bar Association’s Conference of County Bar Leaders. In 2013, the FFL is in its fourth year and has grown to four leagues comprised completely of MBA members. The FFL’s primary goal has been to bring attorneys from different fields and experience together and, in this, the FFL has been a resounding success. Today, the FFL counts retired and active judges, partners and young associates among its members. First time fantasy player participation has grown significantly as positive word of mouth has spread. It has become a fantastic activity for our members to enjoy while also making new connections with other members they might not have had an opportunity to meet otherwise. The league encourages its members to stay in touch throughout the year with their divisional owners via emails and league message boards. In addition, this year the FFL is working
to setup a Thursday or Monday night football happy hour. Over the next fourteen weeks, the MBA competitors will pit their fantasy squads against each other in friendly competition. The current iteration of the divisions has carried over from the prior year giving members the opportunity to avenge last year’s losses. MBA members also receive a weekly report from the Commissioner. The Report announces the weekly winner of the Strehlow Court Reporting Happy
Hour gift card for a case of libations of the winner’s choosing. The Report also provides deep intellectual guess work by the Commissioner concerning his observations and opinions regarding fantasy prospects of players and teams. The YLD and MBA would like to thank the MBA staff who continue to provide amazing technological administration of the FFL website where any MBA member, whether playing in the league or not, can tune in to see how their colleagues are fairing throughout the year. A special thanks is also extended to the FFL’s other sponsor, Umami Umami Restaurant, which provided sushi platters for the annual Fantasy Football League Live Draft Party. Good luck to all of this year’s MBA members participating in the YLD MBA Fantasy Football League!
MBA / FEATURE
What the Cloud Can Do The Montgomery Bar Association has asked TechWise Group to cover cloud technologies over the next few issues in this magazine. Our second article ‘What the Cloud can Do,’ is an introduction to the different types of Cloud services available for businesses. In articles to come, we will cover how to prepare your organization for a move to the cloud and a discussion on cloud security.
efore we dive into what specific cloud services are available, it is helpful to understand a little bit about what constitutes a Cloud service. We learned in our last article the basics of what the Cloud is; now let us look at the formal definition of Cloud Computing:
The Cloud: a Definition Cloud Computing allows businesses to flexibly utilize IT capacity (or add additional capabilities) on the fly and in real time (Internet-enabled), without capital investments in new infrastructure, licensing, or training new personnel, as a pay-per-use service. However, the above definition is not complete. Here is the NIST (National Institute of Standards and Technology) simplified version of the five Characteristics of Cloud Computing: 1. On-demand self-service. Indiv- iduals can set themselves up without needing anyone’s help 2. Ubiquitous network access. It’s available through standard Internet-enabled devices 3. Location independent resource pooling. Processing and stor- age demands are balanced across a common infrastructure with no particular resource assigned to any individual user 4. Rapid elasticity. Consumers can increase or decrease capacity at will
5. Pay per use. Consumers are charged fees based on their usage of a combination of computing power, bandwidth use, and/or storage.
Cloud Services Formal definitions are nice, but what is important for you and your organization is figuring out what business functions make sense to move to the cloud. Understanding how your organization can leverage these new technologies and business models and what they will cost can be as confusing as the cloud itself. To understand some of the possibilities, it is important to understand the major categories of services currently provided:
Infrastructure as a Service (IaaS) The buyer of this solution receives access to virtual infrastructure, negating the need for on-premises computer hardware (Virtual machines, servers, data storage, and load balancers). We often describe this simply as a server in the cloud. This class of service provides for extra capacity on an as needed basis, for disaster recovery and for running custom applications that require a little more control.
Platform as a Service (PaaS) The buyer of these solutions receives a computing environment where they can run or build custom applications
(databases, webservers, and development tools). This service is suited for a company that needs a development environment that is ready to go and scalable on a month-to-month basis.
Software as a Service (SaaS) The buyer of this solution receives fully developed production ready applications that are running in the cloud, thus eliminating the need for software on a corporate on-premise server or an individualâ€™s PC (CRM, Email, Financial Software, Communications, Games). Of note is that this is where most businesses have their first interaction with the cloud through SaaS, specifically hosted or cloud Email, Office 365 etc.
business need, provide extra capacity or redundancy, or create a temporary transition pathway.
Before You Buy As attorneys, you are usually telling your clients to read the fine print. All business-class cloud solutions come with service level agreements that clients need to review and understand.
and stock quotes on lunch hours, it now becomes business critical, to be used for all of your line of business workflows. Your office needs to take bandwidth, internet availability, and security seriously.
Benefits and Peace of Mind A huge benefit and selling point of cloud solutions is that while you are
Private cloud (also called internal cloud or corporate cloud) Private cloud is a marketing term for a proprietary computing environment that provides hosted services to a specific client or limited number of people behind a firewall in a datacenter. Advances in virtualization and distributed computing have allowed private datacenters and even corporations to, in effect, become their own cloud service providers. While most cloud solutions fall into one of these broad categories, skilled service providers will design and build custom solutions, from the wide arrange of available service offerings, to meet your particular business and computing needs. Email, fileserver, databases, backup, and disaster recovery etc.; can all be configured and combined to replace or upgrade your existing infrastructure, add new functionality or capacity, or incorporate new services and technologies you need to grow your practice. IT partners can also design your Cloud services to work in conjunction with existing on-premises solutions, in a â€˜Hybrid-Cloudâ€™ solution, to fill a
These are the terms and conditions of service, they also include service level agreements, quality and availability of service; you need to determine if your business can operationally live with these terms and conditions, uptime guarantees and customer service availability before accepting the solution. You understand the basics; you are ready to get all of the old servers and headaches out of your (closet, basement, office, etc.). However, to be prepared to move to cloud based solutions, it is also critical that reliable high-speed bandwidth be available with enough capacity to handle the demands of your computing needs in the office. Remember that access to the internet is no longer simply a nice way to shop online, or search news
dependent on your internet, you are less dependent on your physical proximity to the office. Cloud solutions make mobile truly mobile and give you the ability to access important systems and data securely from any location. This can be for purely selfish reasons like vacations or for more business critical reasons like health, weather, physical office issues, or office inaccessibility. Another advantage to moving to a cloud based solution is you no longer have to house and support an IT infrastructure and the responsibility of taking care of hardware and technology is no longer yours. You are able to focus on your practice and your clients, and leave the rest in the hands of your trusted and experienced service providers.
MBA / FEATURE
Get To Know Your Candidates For Judge
In the spirit and anniversary of THE JUDICIAL CANDIDATE MEDIA PROJECT, SIDEBAR asks this year’s candidates “What makes you want to be a Judge?”
t’s hard to believe nearly half a decade has passed since the MBA’s Judicial Candidate Media Project was launched under then President Mark A. Kearney. The year was 2009 and the award-winning community outreach initiative took aim at voter apathy by providing Montgomery County voters an opportunity to get to know their candidates for Judge without the usual bias and pressure we’ve all come to expect around election time. That year, President Kearney arranged for all 14 candidates to be recorded live before a camera in a Montgomery County Community College television studio. The playing field was uniquely even. Each was given an equal opportunity to submit a resume and some bullet points which would accompany their candidate profile on the project website. Each was then given equal time to prepare and answer the question, “Why do you want to be a Judge in our Court of Common Pleas?” Responses were filmed live and made available to the public. The campaign was widely promoted by the MBA’s Marketing Department and each candidate’s profile and video could be viewed on multiple platforms – online at MontgomeryBar.org; on-air throughout the county via public access television, and on-demand via community cable operators. The project introduced thousands of prospective voters to the 14 judicial candidates in what was arguably the most highly contested judicial election in decades. In the sprit and anniversary of this landmark outreach effort, SIDEBAR recently asked our 2013 Judicial Candidates, what makes each of them want to be a Judge in our Court of Common Pleas? Here’s what they had to say.
(Candidates are listed alphabetically)
cogginsforjudge.com I have always appreciated our legal system because I view it as a great equalizer. The law is a system of rules that informs all members of our society how they should conduct themselves. This system works only if those charged with enforcing the system of rules enforce them fairly, consistently and correctly without regard to outside influences. I have spent my career in the courtroom, participating in the enforcement of this system. I spent eight years of my career in the District Attorney’s Office prosecuting individuals charged with serious crimes. I have also spent several years defending individuals charged with crimes. As such, I have stood on both sides of the fence in many extremely challenging cases. I have argued for the death penalty and I have argued to save a man from dying in prison. I represented a mother fighting for the return of her children, and I have served as guardian asking that the Court strip a mother of her parental rights. I have both begged for mercy and I have pleaded for strict enforcement. Consequently, I have the utmost respect for
the office of judge. I realize that a Judge must render decisions that may not be popular, but are required based upon the law. I am eminently qualified to make those decisions. I am very proud to have spent much of my career as a Montgomery County public servant and am very thankful for the invaluable experience and training that I received as a result of that work. I am now asking for the opportunity to again serve the citizens of Montgomery County as Judge so that I may continue to participate in a meaningful way in our legal system.
sharongforjudge.com As a Deputy District Attorney and Chief of the Juvenile Division in the Montgomery County District Attorney’s Office, I have worked twenty-one years protecting crime victims and helping our communities. I have tried hundreds of major felony cases in Montgomery County courtrooms against both adult and juvenile offenders, including violent crimes such as homicides, and was awarded the “District Attorney’s Medal.” Over two decades, I held many
leadership roles on countywide task forces, boards and committees to protect children, foster school safety and prevent crime. Being a tireless advocate for kids, I helped establish countywide protocols for the effective handling of child abuse cases while on the Mission Kids Child Advocacy Management Team. To keep our schools safe, I coordinated efforts among first responders to develop Montgomery County’s “School Safety Recommendations”. I have also served on the statewide task force which made recommendations for law and rules reform aimed to improve the quality and fairness of our Juvenile Justice System. I have twenty-five years of legal practice which includes a civil litigation background, and several years of volunteer work in the community. The Montgomery Bar Association Judiciary Committee has recommended me and I have been an active member for many years. I am also a Registered Nurse with extensive experience in pediatrics and geriatrics. As a life-long resident of this County, I am seeking a position on our Judiciary in order to continue serving Montgomery County residents with the same passion for fairness and justice.
Steven C. Tolliver tolliverforjudge.com
I want to serve as a Montgomery County Judge because I have a sincere commitment to administration of justice in Montgomery County, and I possess the legal skill and experience to make positive impact. In addition, I possess the trial experience, humility and judicial temperament, and have demonstrated a commitment to my community, that together will enable me to fairly and impartially administer justice. During my thirty-two years of practice, I have represented clients in private, public and corporate settings, having served as an appellate judicial law clerk, Chief Assistant City Solicitor for the City of Philadelphia, a shareholder at a private law firm, and corporate litigation counsel at Aetna Life Insurance Company. My commitment to my community has been recognized by several organizations including the Cheltenham Area Branch of the NAACP, the Montgomery County Advisory Council of the Pennsylvania Human Relations Commission, and the American Cities Foundation. In addition I am a Hearing Committee member of the Disciplinary Board of the Supreme Court of Pennsylvania. Through these varied legal experiences and community involvement, I have demon-
strated the essential qualities that make me an exemplary candidate for judge of the Court of Common Pleas of Montgomery County.
I want to help ensure the administration of justice. To accomplish this, it is important to have a judge who has extensive courtroom experience, a diversity of legal experiences, good judicial temperament and the willingness to efficiently and effectively address all matters that come before the court. I have all of these attributes. I am an experienced trial attorney. I have litigated over 100 jury trials, hundreds of bench trials and numerous administrative hearings in both the public and private sector in civil and criminal proceedings. I began my career as an Assistant District Attorney in Philadelphia. I next litigated white collar criminal defense cases. As Senior Counsel at Wisler Pearlstine, LLP, I currently represent private clients, as well as public sector entities including school districts, municipalities and the Montgomery County Clerk of Courts. In addition to my private civil practice at Wisler Pearlstine, I was an adjunct law professor for more than a decade and have been an instructor for the National Institute of Trial Advocacy since 1998. In addition to my work as an attorney and professor, I have been very involved in my community. From 20042008, I served as an Abington Township Commissioner and I am involved with numerous political, civic and educational organizations. I also served as counsel to the Shapiro/ Richards Transition Team. Based on my extensive courtroom experience, as well as the diversity of my legal practice, I am uniquely prepared and qualified to be a Common Pleas Court Judge in Montgomery County. SIDEBAR would also like to remind its readers that judicial ratings are provided for the public before each election as a community service by the MBA’s Judiciary Committee. These ratings, along with ratings criteria are released to the media regularly and can be also be found 24/7 on the Recent News section of our homepage, MontgomeryBar.org. Please be sure to get to know your candidates for Judge and get out to vote on Tuesday, November 5th.
IMMIGRATION: Fixing a Broken System By Marcia Binder Ibrahim, Esq. and Gregory J. Eck, Esq.
debate currently is raging in Congress as to what should be done about 11 million undocumented persons currently living in the United States. These people are your clients, your neighbors, your friends, your childrenâ€™s playmates, and quite possibly owners of your favorite restaurant or dry cleaner. They are intimately and integrally involved in our lives every day. In Pennsylvania alone, there are 180,000 undocumented persons. (quickfacts.census.gov).
When I started practicing immigration law thirty years ago, undocumented people could freely cross the border and wait for visas in their home country to come back legally. However, since 1997, due to the passage of IIRAIRA, these 11 million undocumented people and countless others are now barred from reentry into the United States for 10 years, even if they are able to reenter in legal status. 8 U.S.C. Â§ 1182(a)(9)(B). Due to the previous laxity of our border policy, contrasted
with heightened border enforcement now present, these undocumented persons have children, spouses, and families who are emotionally and financially dependent upon them. Many of them have United States citizen spouses and children and they have created new lives for themselves in the United States. Despite having lived in the United States for over 15 years with their United States citizen relatives, many undocumented immigrants suffer from the imposition of the ten
year bar on reentry, forcing them to stay here and await immigration reform to become legalized. They have relatives back home who are sick, dying, getting married and having children but they can’t return to participate in their families’ lives because of the imposition of the bar on their return. Most undocumented people are good, hardworking individuals, who are now stuck because they entered illegally, can’t leave, and Congress has not figured out a way to let them legally stay. These 11 million people who are already physically here pose both a challenge and an opportunity. Undocumented persons pay approximately $11.2 billion dollars in taxes annually, and, contrary to popular myth, around half of undocumented persons pay federal income taxes. (Institute on Taxation and Economic Policy, itep.org). Many states, dismayed by the growing numbers of undocumented persons, have enacted legislation denying driver’s licenses to persons who cannot prove they are in the country legally. PennDOT has enacted such a policy. (dmv.state.pa.us). Though perhaps a reasonable idea at first (why should undocumented persons be allowed to drive?), the consequence has been not a decrease in undocumented persons driving, but an increase in uninsured drivers in Pennsylvania. Undocumented persons are unable to secure insurance because of their lack of status, thus leading to more uninsured motor vehicles and drivers on our roadways. Pennsylvania faces the same issues as many other states with sizeable numbers of undocumented persons. The problems are largely financial: the cost of emergency health care, incarceration, and education of undocumented immigrants in Pennsylvania is estimated at around $1.3 billion annually. Nationally, the cost of education of undocu-
mented children alone is $40 billion (fiscaltimes.org) and taxpayers pay $18.6 million daily to detain the thousands of undocumented persons who are currently incarcerated (cnsnews.com). It is questionable whether driver’s license restrictions, heightened interdiction measures at the border, and increased cooperation between Immigration and Customs Enforcement (ICE) and local law enforcement have done anything to stem the flow of people who enter the country illegally to find work. It is also apparent that the status quo cannot be maintained, least of all because the presence of 11 million
Many in Congress, like many Americans, have a fundamental disagreement with “rewarding” those who broke our laws by entering illegally. undocumented persons is a growing strain on our national resources and the ability of local communities to house, feed, educate, and provide health care for increasing numbers of undocumented people. Yet it is also obvious that large scale deportation of such a vast number of people is not feasible. Most Americans, conscious of our own immigrant past, and mindful of our praiseworthy history of welcoming immigrants, do not support mass deportation. Rather, as a nation of laws, committed to just and fair treatment of immigrants, most Americans would like to see the current immigration laws reformed. The current proposal, passed by the Senate and pending debate in the House, is one of
several attempts to devise a system of immigration reform that is responsive to the needs of our economy, creates a means by which the 11 million undocumented persons currently in the United States can become legalized, pay back taxes, get driver’s licenses, and come out of the shadows. It also heightens border security and increases penalties for employers who hire workers who are not authorized to work in the United States. It is estimated that legalizing these 11 million people will result in an increase in GDP of $832 billion (americanprogress.org/issues/ immigration) of which Pennsylvania would add $1.3 billion to the Gross State Product (GSP) through the collection of back taxes, fines, and the expansion of non-immigrant work visa programs allowing skilled and unskilled workers to remain in the United States for a limited period of time (remi.com/ immigration-report). The Senate bill is not perfect and it is far from certain that comprehensive immigration reform will be passed this year. Many in Congress, like many Americans, have a fundamental disagreement with “rewarding” those who broke our laws by entering illegally. However, mass deportation is not a realistic possibility and is unworkable. Unless and until significant reform is achieved, the 11 million undocumented persons who own your favorite restaurants and hotels, sit at the school lunch table with your children, or live right next door, will increase to millions more, trapped, unable to leave and unable to legally remain. This would constitute a massive failure by our elected representatives to solve one of the great problems of this century. Marcia Binder Ibrahim, Esq. and Gregory J. Eck, Esq. Marcia Binder Ibrahim is the founding attorney at the Law Office of Marcia Binder Ibrahim, LLC. Gregory J. Eck is an associate attorney at the same firm.
MBA / FEATURE
The Montgomery Bar Association and USI Affinity Announce Launch...
The NEW Montgomery Bar Association Online Insurance Exchange Website By USI Affinity
he Montgomery Bar Association and USI Affinity are excited to announce the launch of the Montgomery Bar Association Online Insurance Exchange. October 1st marks the start of Open Enrollment for health insurance, and the launch of Federal and State health insurance exchange markets created in response to the Affordable Care Act. The Montgomery Bar Association Insurance Exchange is a private insurance exchange – a convenient and secure online portal where Bar Association members can comparison shop to find the most competitively priced health insurance, and other valuable insurance member benefits. The Montgomery Bar Association has partnered with USI Affinity because their size, experience and market leverage allow them to offer Montgomery Bar Association members various options with unique advantages in coverage, price and service. “Our goal with the creation of this insurance exchange website is to
“We know the health care marketplace and the new regulations can be confusing,” McLaughlin said. “Our benefits specialists help our clients make sense of it all, and our dedicated client services team is always there to provide world class service and support throughout the year.” Once launched, you can access the Montgomery Bar Association Online Insurance Exchange at www.usiaffinityex.com/mba. For Lawyers’ Professional Liability and other business coverages, you will still use the MBA Insurance Program website at www. mybarinsurance.com/mba. give Bar Association members a single location where they can shop for all their insurance needs, from affordable health care plans to life and disability insurance to auto, homeowners insurance and more,” said Brian McLaughlin, Vice President of Benefits for USI Affinity. “And with all the changes coming from Health Care Reform, we wanted to provide our association partners and their members the guidance they need to design a health plan that provides the best coverage and value, while ensuring that they will be in compliance with complex new IRS and Department of Labor regulations.” It is that guidance that sets the Montgomery Bar Association Insurance Exchanges apart. While USI Affinity’s size and relationships with many of the nation’s top insurance carriers allow them the ability to offer Bar Association members a tremendous variety of medical and dental plans through this online exchange website, it is the team behind the exchange that makes the difference. SIDEBAR
About USI Affinity If you have any questions about Health Care Reform or would like more information about insurance and benefits options for Montgomery Bar Association members, call USI Affinity Benefit Specialists at 855-874-0267. Brian McLaughlin (Brian.McLaughlin@usiaffinity. com) is vice president of USI Affinity’s Benefit Solutions Group. For over 75 years, the divisions of USI Affinity have developed, marketed and administered insurance and financial programs that offer affinity clients and their members unique advantages in coverage, price and service. As the endorsed broker of the Montgomery Bar Association and more than 30 other state and local bar associations, and with more than 30,000 attorneys insured, USI Affinity has the experience and knowhow to navigate the marketplace and design the most comprehensive and innovative insurance and benefits packages to fit a firm’s individual needs.
FOR SER IOUS
Connect your products and services directly to your target audience.
AND NOT SO SERIOU S
BE RK S CO UN TY FIT NESS
TS I JAN UARY
Hoffmann Publishing Group is the leader in association print and digital niche periodical publishing. Our publications deliver engaging, highly targeted marketing opportunities directly to the key decision makers of the building, fitness, medical and legal professions of Berks County.
GET CONN ECTED TO YO
BusinesURsBODY Manageme nt: The Nuts & Bolts WIN TER
a BusinessCHAN of Running
GE IT UP!
CORE STRE NGTH FOR THE SLOPES
Practicin in an incug law bator.
HoffmannPublishing.com firstname.lastname@example.org 610.685.0914 x 203 I Reading, PA
MSDS Prog ra in Transitio m n... Are You Prepared?
Forethough t training mak& better man es agers
Appeals and Briefs We have everything your practice needs. • Business Checking Choices • Business Lending Solutions • Free Access to TD Bank BusinessDirect Online Banking
Anthony J. Vetrano
• Longer Hours & Weekends to Fit Your Schedule • TD EscrowDirect – 24/7 Online Access to Your Escrow Accounts
To learn what TD Bank can do for your business, call 1-888-751-9000 or connect to www.tdbank.com/smallbusiness.
630 Freedom Business Center, Suite 215 King of Prussia, PA 19406 TonyVetrano@VetranoLaw.com www.pennsylvaniaappealslawyer.com
TD Bank, N.A. | Some fees and restrictions may apply. Fees may apply for optional services. Please see your TD Bank BusinessDirect Account Agreement for more details. Loans subject to credit approval. | Equal Housing Lender.
MBA / FEATURE
Current financial review By Michael J. Foster, Senior Vice President, Valley Forge Asset Management Corp./ Susquehanna Wealth Management
s we look to enter the Fall season, the economy continues to reflect signs of improvement in various forms, albeit uneven for many people and industries. This has not been your old fashioned normal economic recovery and nobody predicted this type of recovery five years plus from the 2008 economic recession. We continue to have historically low interest rates even after the spike in rates in June and the unemployment rate continues to be higher than acceptable. The low interest rates and the lack of continual pressure have enabled these companies to be able to continue to record very good profits. Smaller companies have not been able to take advantage of the same corporate benefits and many of them continue to struggle. Clearly, the recovery has been uneven and inconsistent. The housing market has continued to improve with the low rate environment and more positive consumer confidence. However, credit standards are stricter and appraised values are more balanced which means that not
all consumers can take advantage to buy and or refinance their properties. We are also seeing changes in housing trends with more urban dwellers and smaller quarters. I often wonder who will be buying all of these larger single family homes in the 窶話urbs. The jump or spike in interest rates in June portend that rates are too low and will move higher over time as the economy improves. As the market and Federal Reserve debate its policy of buying bonds, the market projects that this policy will be adjusted and resultant market interest rates will move higher. The interesting thing is that the Federal Reserve will probably not adjust short term rates anytime soon and will undergo its shift with the rumored change of the Federal Reserve leadership. By the time there is an official announcement, the market has already predicted and assumed the new leadership. This goes with the theory that the markets are ahead of the economy and predict the future growth or weakness of economic conditions. Just like in 2012, the markets have surprised most experts with the pace of gains so far this year and the gains have been reflected in most equity classes. Fixed income instruments have declined as the expected higher interest rates have made these less attractive, especially the longer term instruments. This will continue to affect bond investors as they experience market depreciation for the first time in many years. What seemed to be a safe investment now reflects market risk and causes angst from conservative fixed income investors. Assuming that the economy continues to improve and we now see some signs of improvement in other parts of the worlds, interest rates
remain in a modest range and earnings increase, then stocks can continue to have positive returns. Companies have substantial amounts of positive cash flow and continue to both increase their cash dividends and buy back company stock in the markets. All of this is positive for the equity markets. I would expect to see stock markets in other parts of the world do better in the latter part of 2013 and into 2014. Economic conditions, especially in the United States, are better now than they have been over the last two years and this is reflected in improved housing trends, higher consumer confidence and higher stock prices. I believe that this positive trend will continue well into 2014, but with some bumps in the road. I can always be reached at email@example.com or at 610.687.6800.
Oh my, UMAI By Richard E. Cohen, Esq.
o, about a year ago my friend/ colleague, Andy Moore, made me a proposition. “If you like sushi, I want you to try Umai in Lansdale. It’s off the charts. If you don’t tell me it’s the best sushi you’ve ever eaten, I’ll pay for your dinner!” How could I lose? That night, my wife and I grabbed a coveted Saturday reservation (highly recommended on weekends and at least one day advance reservation is rewarded with a 5% discount off your check) at this small, strip mall restaurant in Station Square Shops on Pennbrook Parkway. We were certainly not disappointed. Fun, lively atmosphere, and terrifically innovative and fresh sushi prepared by owner/sushi chef Rae and his sidekick, Young. The testament to this is that I’ve probably been back to Umai a couple of dozen times since then. Upon entering Umai, diners are greeted by the staff bellowing “Irashai”, which is an enthusiastic Japanese welcome literally intended to shockingly cause you to drop your chopsticks. There is not much to its simple décor – green walls, a dozen tables, an eight seat sushi bar, and two authentic blowfish hanging from the ceiling. This place is about its food, service and atmosphere. Tonight we started with edamame ($4) and bowls of miso soup ($2). Shortly thereafter, the parade of sushi/ maki followed. Crunchy Spicy Tuna Sandwich special ordered with brown rice ($16.50) and Umai’s newest roll, the El Diablo ($16.95), arrived. The Sandwich is an extremely significant portion of minced top quality tuna, scallions, tempura crunch, and spicy mayo between two beds of brown rice, cut into triangular pieces that resemble
quarters of a stacked sandwich. An old standby and quite simply, delicious. El Diablo is composed of spicy yellowtail and asparagus on the inside, topped with chopped shiitake mushrooms, avocado, shrimp, crabmeat, scallions and spicy Diablo sauce. Truly dazzling, but watch out because El Diablo brings the fire. They scale the heat from 1-5 so you can ask for an adjustment – tonight was a 4, the hottest I’ve had yet. Our next three dishes were Hamachi Carpaccio ($16), Lobster Tempura Sundae ($13), and Salmon Teriyaki ($18.50). It’s hard to say what my favorite thing is at Umai, but if pressed, I would say the Hamachi Carpaccio. Pieces of thinly sliced yellowtail atop a plate of spring mix and cored jalapenos with an onion dressing that is to die for. I am told the dressing is made from grape seed oil, onions, soy sauce, vinegar, sugar and black pepper. The Lobster Tempura Sundae is very attractively prepared. Melt-in-your-mouth pieces of lobster tempura and avocado, topped with black and red flying fish eggs and spicy mayo, assembled in a cocktail glass to resemble an ice cream sundae. The Salmon Teriyaki is a fillet of salmon with steamed baby corn, carrots and broccoli in a sweet teriyaki sauce and a side of rice (also includes a bowl of miso soup or house salad). This plate, like all the others, was cleaned. Still with some appetite, we ordered two more dishes. Since our server, Paul, told us a big eye tuna from South America had just arrived that afternoon, we accepted his recommendation to order the Toro Tartare ($16). Minced fatty tuna with wasabi tobiko on a bed of chopped scallions and ponzu sauce served in a long dish.
Hard to imagine it can get any fresher than this. We also ordered the Salmon Nachos ($8), four lightly fried tortilla chips on top of a plate of spring mix. On each tortilla chip there is spicy salmon marinated with onions and green peppers, mango salsa, and guacamole. Excellent and very creative. Upon requesting your check, Umai presents you with a complementary bowl of fried banana pieces in chocolate sauce and honey and a small Dixie cup of Rae’s homemade concoction of fresh kale juice, apple juice, cranberry juice, and club soda. Umai is BYOB and both the sushi chefs and servers will gladly join you in a toast of Saki, wine, vodka, all of the above, or whatever you might bring. Everyone at Umai is so very friendly, welcoming and knowledgeable. I absolutely recommend you make the trip to Umai to enjoy, as Andy said, the best sushi around and to get to know and party with Rae, Young, Paul, Billy, Eddie, Stacey, and the rest of the crew.
220 Pennbrook Parkway Lansdale, PA 215.855.5544 umaisushibar.com BYOB. Major credit cards accepted
MBA Diversity Committee Honors Immediate Past President Donald J. Martin at a reception held on July 16, 2013 at the law office of Hamburg, Rubin, Mullin, Maxwell & Lupin, P.C. in Blue Bell, PA.
Pictured left to right: Hon. Cheryl Lynne Austin, Donald J. Martin, Esq., Daniel J. Clifford, Esq., Mohammad Aleem Ghiasuddin, Esq., and Lindette C. Hassan, Esq.
Have you or someone you know been diagnosed with Alzheimer’s disease?
The Alzheimer’s Association Delaware Valley Chapter can help.
INVESTIGATIONS & CORPORATE SOLUTIONS, INC. Comprehensive Resolutions With Discretion And Integrity • Computer Forensics • Voice Stress Analysis
610 • 277 • 9125 SAFE@VANCE.US.COM www.VANCE.US.com
• Investigations • Forensic Hypnosis • Subpoena Services
• Electronic Discovery
• Cellular Forensics
Office PO Box 377 212 Cherry Street Norristown, PA 19401-4708
MBA / FEATURE
Old a.k.a Mature Lawyers vs. Young Lawyers Annual Softball Game August 6, 2013 Norristown Area High School, Norristown, PA
n an unseasonably cool August evening, under the threat of pending storms, the Young Lawyers continued their winning streak at the annual Old a/k/a Mature Lawyers Vs. Young Lawyers Softball Game. MVPs included Matt Wilkov for the Old a/k/a Mature Lawyers and Andrew Levin for the Young Lawyers. A special thank you to our sponsors: Strehlow & Associates Court Reporting, Inc., The Legal Facilities at American Executive Centers, and J&L Catering.
MBA / FEATURE
Annual MBA Clambake September 11, 2013 Mermaid Lake, Blue Bell, PA
he Annual MBA Clambake took place on an unseasonably hot September 11, 2013 at the Barn at Mermaid Lake. This year’s Clambake included an action-packed softball game between Montgomery County’s Public Defenders and District Attorneys. A very special tribute to the fallen heroes of 9/11 took place prior to the game, featuring an Honor Guard salute from the Montgomery County Sheriff’s Department and a rousing rendition of the National Anthem, performed by Sarah Agnew.
MBA / FEATURE
MBA Continues New Member Recruitment Efforts
ver the summer, ten (10) new 1L interns were employed by law
offices throughout the county as part of the annual Diversity 1L Internship Program. The program, now in its 4th year, has already resulted in multiple postgraduate law associate placements and continues to thrive. In late August and early September, leaders from the MBA’s Young Lawyers Section headed back to school – exhibiting and spreading the word about the association’s new student membership offerings at law school student activity fairs throughout the Greater Philadelphia Region. To date, such efforts have netted over 70 new student members for the association.
On September 11th, dozens of new faces from the Montgomery County’s District Attorney’s Office and Public Defender’s Office turned out for the Annual MBA Clambake at the Barn at Mermaid Lake in Blue Bell, where the MBA hosted a friendly softball game between the storied rivals. The game included a special tribute to our fallen heroes of 9/11 by the Sheriff’s Department Honor Guard along with a rousing rendition of the National Anthem. MBA leadership has concluded that exposing as many new faces as possible to the association’s unique culture and its members is the best way to let people know what a truly special and collegial member organization we have here in Montgomery County.
Pictured Left – Women in the Law Committee Chair Rebecca Cantor, Esq. exhibits at the Villanova School of Law Student Bar Activities Fair on September 12th. Pictured Right – Officers William G. Roark, Esq. and Lindette C. Hassen, Esq. promote MBA student membership at Temple University’s Beasley School of Law on August 22nd .
$10.4 MILLION VERDICT
Measuring Lost Earning Capacity and Other Economic Damages in Injury, Death and Employment Cases.
$7 MILLION VERDICT
Royal A. Bunin M.B.A.
$1.5 MILLION SETTLEMENT
610.642.4700 firstname.lastname@example.org buninassociates.com 300 East Lancaster Avenue, Suite 109 Wynnewood, PA 19096
$1.2 MILLION SETTLEMENT BUCKS COUNTY
Lawyers refer their PI cases to us with confidence.
RT Environmental Services, Inc.
Please contact Robert Slota or Steven Barrett at 215.661.0400 for details.
Your Solution-Oriented Environmental Services Firm
TRANSACTION DUE DILIGENCE • EXPERT SERVICES Mold • Water • Wastewater • Cleanups • Utilities • Permits
H AMBURG , R UBIN , M ULLIN , M AXWELL & L UPIN ATTORNEYS AT LAW Personal. Powerful. Professional. Lansdale • Limerick • Allentown • Harrisburg, PA Phone 215.661.0400 • www.hrmml.com
MBA NOV 2013-JAN 2014 Upcoming Events NOVEMBER 1, 2013
Annual Membership Dinner
Cutting Edge Trial Presentation Support since 2000
November 13, 2013 Delaware Valley Legal Expo
1-888-274-2908 - www.digitaljustice.net
Holiday Events Check montgomerybar.org for dates and times
Call today to schedule your next
Video Deposition & Trial Presentation
January 10, 2014
Annual Business Meeting
One of Pennsylvaniaâ€™s Most Recognized Law Firms
for the latest schedule of upcoming CLEs. and visit
For the latest schedule of events and to register for any of the above-mentioned events. CRIMINAL DEFENSE PERSONAL INJURY Steven Fairlie (SuperLawyers Top 100 Lawyers in PA, Martindale-Hubbell AV Rated), Stephen Geday, Anthony Gallo,Christopher Bradley, Karen Fairlie, Elizabeth Lippy
AdvantageRNs Specializing in cases involving:
FAIRLIELAW.NET 1501 LOWER STATE ROAD I NORTH WALES, PA 215.997.1000
MONTGOMERY BAR FOUNDATION
Foundation announces 2013 Grant Cycle
he Montgomery Bar Foundation has opened its 2013 grant cycle by inviting grant applications from organizations located in Montgomery County that provide free legal and law-related services to Montgomery County residents. In the past, the Foundation has supported a variety of law-related causes. In 2012, the Foundation’s Board conducted strategic planning about the Foundation’s giving priorities and how it can expand its impact in the community. The Board concluded that the Foundation should appropriately direct its support to organizations that use the leverage of the law to achieve justice and fair
treatment for the most vulnerable members of our community. “The Montgomery Bar Foundation is one of the few sources of funding for organizations that work with people struggling with poverty, abuse and discrimination. As public funding for these vital services continues to dwindle, we are delighted to be able to help fill the gap”, stated Steven H. Lupin, Esquire, Managing Partner of Hamburg, Rubin, Mullin, Maxwell & Lupin, PC. Mr. Lupin presently serves as the President of the Montgomery Bar Foundation. “We would like to thank the Montgomery Bar Foundation Fellows and many other members of legal community whose generous contributions make
these grants possible.” Applications are by invitation only; unsolicited proposals will not be accepted. Applications are due by November 8, 2013, and awards will be announced by mid-December. The application may be viewed at montgomerybarfoundation.org. If you serve on the Board of an organization that has been invited to submit a proposal and would like to provide a letter of support, you may direct it to the attention of Nancy Paul, Executive Director, at: Montgomery Bar Foundation 100 West Airy Street, P.O. Box 268 Norristown, PA 19404-0268.
MBA / FEATURE
MONTGOMERY BAR FOUNDATION
MBF Testimonials: Steven H. Lupin, Esq. Council of Past Presidents By Marc Robert Steinberg, Esq., MBA Council of Past Presidents Chair
n Tuesday, April 26, 2013, an event took place at the Montgomery Bar Association that lacked wide notoriety, but remained an important meeting that occurs usually once a year without fanfare or trumpets blaring. Together under our one roof, a crowd of three ladies and eighteen gentlemen of varying ages, but with one shared experience, met to consider the state of the Montgomery Bar Association. At the invitation of President Paul Troy, and with the current Bar leaders in attendance, the Council of Past Presidents of the Montgomery Bar Association convened to share where the association has been, and listen to our President explain where we are headed into the future. This is a
am proud to be a member of the tradition that has gone on for manyFel- Montgomery Bar Foundation years to ensure the continuity of lows Program. leadership, events and collegiality that Contributions made by the Bar mark our Association as the premier Foundation’s Fellows are an important bar association in the source of funding for Commonwealth. the FoundaPresident Troy asked for and was tion’s annual grants, which provide given the advice and collective wisdom much-needed operating support of those past presidents assembled.forHe organizations providing free, took some time to explain all quality of the legal assistanceadvances to the most vulnerable technological the Bar was members our community. The Felembarkingofupon and the many affinity relationships lows Programestablished enables metotoprovide supportour membership with an array this important work. Over of thebenefits years, to make our membership dollars members of the Bar Foundation’sworth spending. And just as importantly, Fellows Program have contributed the dinner provided another opportunity over $110,000 in support of the Founfor what the Bar does best. It brought dation’s program. Obviously, togethergrants a group of friends to that number continues to grow. share a night of camaraderie at the Montgomery Bar Association. Get
33 F A L L 2 0 1 3 9 SPRING 2013
“I give, because I know that my gift makes a difference.”
involved, work for the common good, and one day, we look forward to having you join us at the table.
Having served for several years on the Bar Foundation’s Board, and for the past two years as its President, I have had a front-row seat on the Bar Foundation’s grant-making process. Thanks to the hard work of the Grants Committee, I am confident that my support is wisely invested in organizations that are rigorously reviewed for their effectiveness in fulfilling the Bar Foundation’s mission and goals.
MONTGOMERY BAR FOUNDATION
Montgomery Bar Foundation Launches New Program
Program aimed at strengthening grantees’ capacity to raise money, provide services By Heather M. Bendit, Development Director, Montgomery Bar Foundation
s part of the its ongoing effort to expand support for organizations that advance the Foundation’s mission, the Montgomery Bar Foundation has launched a new program intended to foster the sharing of ideas and information among organizations direct legal and law-related services to victims of crime, poverty and abuse in Montgomery County. At the outset, the Foundation is particularly focused on providing resources to help legal services organizations strengthen their capacity to raise friends and funds to support their work. However, we will continue to solicit the input of our grantees as to how we can expand our support. On Tuesday, July 9, Bar Foundation Executive Director Nancy Paul met with representatives from many of these organizations in the first of what will be ongoing series of informal ‘brown bag’ lunches (see photo inset). The following organizations were represented at this inaugural event: Laurel House, Legal Aid of Southeastern Pennsylvania, MCAP, Mission Kids, Montgomery Family Services, Victims Services Center of Montgomery County and the Women’s Center of Montgomery County.
It became clear from the outset that while many of the organizations have similar missions, or serve the same constituency, there appears to be little duplication of services. Each agency has a clearly defined scope of services, and they collaborate where possible to close any gaps. Moreover, due to shrinking private and public support, these organizations are chronically understaffed and are challenged to meet the ever-growing need for legal assistance. Another issue of common concern is lack of public awareness of their services. This hampers their ability to raise money; more importantly, it can also make it difficult for those in need to connect with these vital services. Many of the organizations voiced concern over the decline in public
The goal for this initial gathering was to provide an opportunity for the representatives from the different organizations to get acquainted, become familiar with the different types of services provided, and identify common issues of concern.
funding and how it impacts their ability to maintain their level of services. As a result, many have increased their fundraising efforts from the private sector. Based on this, the Foundation will direct its efforts to creating learning opportunities that can enhance its grantees’ abilities to fundraise, recruit and train Board members, improve their operating infrastructure and sustain their ability to provide services. The conversation also touched upon other ways the resources of the Foundation and the Bar Association can be used to help them in their efforts, including building community awareness of their services. We will continue to explore the needs of our grantees over the course of our meetings, and look forward to working with them in partnership to address the needs of the community.
MBA / FEATURE
Montgomery County Moves to the Forefront in the Same-Sex Marriage Debate By Christian V. Badali, Esq., MBA Family Law Section Chair
n the June 26, 2013, the United States Supreme Court ruled in Windsor v. United States, 133 S.Ct 2675, 2693-2996 (2013) and found that the definition of marriage in the federal Defense of Marriage Act” (hereinafter “DOMA”) as only a legal union between a man and woman and “spouse” as only a person of the opposite sex who was a husband or wife, was an unconstitutional deprivation of the liberty of the person protected by the Fifth Amendment to the United States Constitution. The Supreme Court also explained: State laws defining marriage and regulating marriage, of course, must respect the constitutional rights of persons; but, subject to those guarantees, “regulation of domestic relations” is “an area that has long been regarded as a virtually exclusive province of the States.” Not long after the Supreme Court’s historic opinion, the Attorney General of Pennsylvania, Kathleen Kane, issued a press release on July 11, 2013 stating that her office, based upon the holding in Windsor, would not defend the above-mentioned provisions of the Marriage Act. Shortly thereafter, Montgomery County’s Register of Wills, D. Bruce Hanes, stated that his reading of Windsor led him to the conclusion that Pennsylvania’s own DOMA, Pennsylvania’s Marriage Law at 23 Pa. C.S. § 1102 (hereinafter “Marriage Act”), which defines marriage as a civil contract by which one man and one woman take each other for husband and wife, is unconstitutional under Windsor. The Pennsylvania legislature also declared in Section 1704 of the Marriage Law that the “strong and longstanding public policy of this Commonwealth [is] that marriage shall be between a man and woman...” Mr. Hanes, bolstered by the U.S. Supreme Court’s holding and Attorney General Kane’s press release, came forward on July 23, 2013 and announced that he had “decided to come down on the right side of history and the law” and would begin to issue marriage licenses to same-sex couples who applied for them. At first, a trickle of same-sex couples began appearing at Mr. Hanes’ office to apply for marriage licenses, but by the time the Commonwealth Court weighed in on the issue on September 12, 2013, 174 licenses had been issued to same-sex couples, allowing them to marry in Pennsylvania. Register of Wills Hanes and Montgomery County began to make national headlines as the issue of same-sex marriage
continues to be debated nationwide. It seems that in each election cycle for the past few years, more and more states have been approving same-sex marriage legislation. Supporters on both sides of the issue held separate rallies on the steps of the Montgomery County Court House. On August 5, 2013, the Commonwealth’s Department of Health filed a petition and application in the Commonwealth Court seeking a Writ of Mandamus to compel Hanes to comply with the provisions of the Marriage Law and to stop him from issuing any further marriage licenses to same-sex couples. The main argument by the Department of Health was that Hanes may not issue marriage licenses based upon his personal opinion that the Marriage Law is unconstitutional. Mr. Hanes, with the support of Montgomery County’s solicitors led by Ray McGarry, Esq., defended by filing Preliminary Objections to the application for the writ of mandamus and alleged that in his capacity of Register of Wills, he is acting as a “judicial officer” and, therefore, his issuance of the licenses is a judicial act. Therefore, mandamus would lie with the Supreme Court of Pennsylvania rather than with the Commonwealth Court. Mr. Hanes also argued that the Department of Health did not have standing to seek Mandamus relief and that such relief must be brought by the Attorney General, the Montgomery County District Attorney or a private citizen who had suffered special injury. Finally, Mr. Hanes argued that even if the Department of Health had standing, they had failed to state a claim upon which mandamus relief may be granted, because they had failed to show that Mr. Hanes, in fulfilling his duties, did not have the discretion to determine the constitutionality of the Marriage Law. The Commonwealth Court issued its opinion on September 12, 2013. The Commonwealth Court sided with the Department of Health and found that they did in fact have jurisdiction over this issue. The Court concluded that Mr. Hanes was performing only ministerial duties and, therefore, was not a judicial officer. The Commonwealth Court also held that Mr. Hanes had failed to comply with his public duties under the Marriage Law and must now do so. The Court ruled that Mr. Hanes was no longer permitted to issue marriage licenses to same-sex couples pursuant to the Commonwealth Court’s ruling. On the same day as the ruling, Register of Wills Hanes indicated that he would abide by the ruling of that Court. The Commonwealth Court did not rule upon the 174 marriage licenses already issued. On September 17, 2013, Montgomery County and Register of Wills Hanes announced that they had decided to appeal the ruling of the Commonwealth Court to the Supreme Court of Pennsylvania. Watch this space for further updates, as this debate in our Commonwealth and our County continues.
MBA / FEATURE
Annapolis again? Annapolis again! By Marc Robert Steinberg, Esq.
had heard quite a few members of the Bar ask about going to Annapolis for the third time. After sharing the weekend we just had there, many of those same people asked how soon we could return.
With the exception of a little rain on Saturday evening, the weekend weather was glorious, sunny and 75-80 each day. The Loew’s Annapolis Hotel was a great site, with a very accommodating staff, comfortable rooms, and plenty of adult beverages available to sate even the most thirsty. Annapolis sits on the Chesapeake Bay at the confluence of the Severn River, Spa Creek and the Bay. It is within walking distance to the waterfront, the Naval Academy, the State Capitol, and countless other tourist attractions. Its streets are lined with unique shops and restaurants in which many of us visited throughout the weekend. Our members biked and ran on paths and trails; sailed on the Chesapeake; shopped in the stores; dined in the restaurants, drank in the bars and stuffed ourselves with ice cream.
Friday evening began with President Troy’s Welcome Reception, with close to 200 people in attendance, enjoying the hospitality of the hotel and the comradery of friends. Many of us ventured into town for dinner, and rumors about who paid the most for dinner were rampant. If you think you know, you probably guessed wrong. Later, there was a large gathering at the Hospitality Suite, with everyone sharing stories about courtroom antics of old sure to be told the next morning. Saturday morning found us all together again for the State of the Judiciary. President Troy introduced President Judge Furber who began his address, “In the home of the Naval Academy, I’m glad to have my sea legs back again.” Did you know the Judge was a Marine? He reviewed our court system and statistics which prove that the Judges and our members are very hard at work dispensing justice in Montgomery County. One number which sticks out is that as of July 2013, our civil case inventory was only 168 cases. The court is constantly exploring new ideas to reduce delay in all of our divisions; and it appears to be working. Judge Furber reiterated that the strong relationship between the Bench and the Bar remains a key component to the advances being made.
Following Judge Furber was the “Greatest Stories Never Told,”a compilation of tales and war stories spun by senior bar luminaries Mason Avrigian, Sr., Lynn Gold-Bikin, Bill Pugh, IV, and Marvin Wilenzik, interspersed with contributions from the audience. It was one hour of nonstop laughter, as the panel shared stories of those that went before us, giving us an understanding of practice in the past, mixed with the trials and tribulations of some of our more colorful Judges and members of the Bar. The afternoon was “on your own” in Annapolis and that’s just what everyone did. MBA members were all around town with their families enjoying the fine weather and the history and activities of Annapolis. For about 100 of us, we got to share a most memorable experience. Admiral Steve Yusem arranged a walking tour of the Naval Academy. And to lead the tour, he arranged for two daughters of our members, Sara Bernhardt, the daughter of Magisterial District Judge Frank Bernhardt and his wife, Mary; and Sarah Armstrong, the daughter of John Armstrong and the late Judge Toby Dickman. For those of us who watched these two incredibly talented, poised and charming young women, who some have known since birth or beyond, lead us around “the Yard” and explain life as a midshipman, you could understand their parents beaming from the enormous pride we all felt listening to “our” Sarahs (and we could see and feel Toby’s presence too.) As you are aware, the Chesapeake Bay is home to some of the best hard shell crab eating in the world. Saturday night found us along the water under a tent sharing a crabfest with all of the
crabs you could eat. It was a contest for most crabs eaten between Tom Carluccio, Ken Picardi, Meyer Simon and Ed Skypala. Rumor has it that Ed downed three trays of crabs without any help from those at his table, but Tom, Ken and Butch may have devoured just as many. We ended up back at the hotel, again sharing tales of our toils mixed with some adult beverages and a lot of laughter. Special thanks for a great time to those who made it all possible: Nancy Paul, Nancy Hagner and President Paul Troy for a wonderful weekend.
“Saturday night found us along the water under a tent sharing a crabfest with all of the crabs you could eat.”
Each year it is written, and each year it is true. If you miss a Bench Bar Weekend, you miss one of the most memorable Bar events of the year. There were 19 judges in attendance, all happy to spend time sharing moments with those gathered. If you are a senior lawyer, you can’t afford to miss many more of these special events. If you are a young lawyer just starting out, there is no better way to meet those with whom you will spend your professional career. Don’t miss what makes the Montgomery Bar Association so great. Plan to spend the next Bench Bar Weekend in Cambridge, Maryland on September 12 - 14, 2014. We hope to see you there!
Members in the News To YLS Officer Colin J. O’Boyle of Elliott Greenleaf on his August 2013 wedding to Melissa Rossi. To our very own employee of the Montgomery Bar Association,
Lisa A. Shearman, an attorney with Hamburg, Rubin, Mullin, Maxwell & Lupin PC was recently elected to the Board of Directors of the Legal Clinic for the Disabled, Inc.
Jessica Gambone and her
Mark A. Kearney recently
husband Dave who welcomed their second child on September 8, 2013. Samantha Marie Gambone weighed in at 9lbs 4ozs and was 21” long joining big brother Matthew.
To Jamie R. Hall and his wife Charlene in the birth of their son, Turner Grayson Hall, born September 13, 2013, weighing in at 8lbs 15ozs and 22” long. To MBA director Edward J. DiDonato of Fox Rothschild and his wife Marianne upon the birth of their first grandchild Caroline Genevieve in July 2013.
Kevin R. Steele, Received the 2012-2013 Award for Outstanding Trial Advocacy in Capital Litigation presented by the Association of Government Attorneys in Capital Litigation, for their leadership and multi-jurisdictional collaboration that led to a successful prosecution. Sylvia A. McCullough recently joined the Health Care and LongTerm Care Group at Burns White. A Critical Care Certified Registered Nurse (CCRN) since 1985, Ms. McCullough defends long-term care facilities against negligence, professional malpractice and general liability claims.
was elected Vice President of the Pennsylvania Bar Institute’s Board of Directors.
Wendy G. Rothstein,
partner in the Blue Bell office of Fox Rothschild LLP was highlighted in the Pennsylvania Bar News for making a difference by providing pro bono service. The pro bono activities involved the Bar Association Liberty & Law Civics Program, the Summer IL Diversity Internship program as well as serving for over 11 years as a Discovery Master.
Jennifer J. Riley, owner of Jennifer J. Riley PLLC, was appointed to the Executive Council of the Pennsylvania Bar Association’s Commission on Women in the Profession and will be serving as a Co-Chair of the Promotion of Women Committee for the 2013-14 year. Lynne Gold-Bikin, partner in Weber Gallagher’s Norristown office and chair of the firm’s Family Law practice group, has been honored with a 2013 Women’s Achievement Award from KYW Newsradio. Walsh Pancio, LLC announces the relocation of their office to 2028 North Broad St., Lansdale. Previously located
at 218 South Broad Street, Lansdale, PA. Joining the firm in their new location is insurance defense attorney Karen L. Tucci named a 2013 Pennsylvania “Rising Star” by Thomson Reuters, publishers of Pennsylvania’s “Super Lawyers.”
Joseph L. Feliciani and Michael P. Creedon have been certified as life members of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. Eastburn and Gray, PC is pleased to announce its new Montgomery County location: 470 Norristown Road, Suite 302, Blue Bell, PA 19422.
Marc D. Jonas, Julie L. Von Spreckelsen, Mark S. Cappuccio and Robert R. Watson, Jr. are residents of the firm’s Blue Bell office.
Congratulations to the MBA members selected again as among the Top 100 lawyers in Pennsylvania and/or Philadelphia by Thomson Reuters in June 2013: Helen E. Casale,
Steven F. Fairlie, Heather E. Hansen, David N. Hofstein, Mark A. Kearney, Charles J. Meyer, Dean R. Phillips, Daniel F. Ryan, III, Thomas W. Sheridan, Shanin Specter, Paul C. Troy and, Cheryl L. Young.
Rubin, Glickman, Steinberg and Gifford, P.C., is pleased to announce that Amy R. Stern has been named a partner of the firm. Discovery Master and past MBA President William H. Pugh, IV, Senior Counsel to Kane, Pugh, Knoell, Troy & Kramer, LLP, once again placed first in his age group in the One Mile Ocean Swim race in Ocean City, N.J. on July 20. He is a member of the O.C.B.P. Hall of Fame.
Marc A. Goldich, a member of Reed Smith’s Commercial Litigation Group, has been named as a 2013 “Lawyer on the Fast Track” by The Legal Intelligencer. Mr. Goldich was also named to the 2013 Rising Stars list by Pennsylvania Super Lawyers Magazine for his business litigation practice.
in Best Lawyers in America© 2014 in their fields are George W. Broseman for Land Use & Zoning Law, Andrew B. Cohn for Construction Law, Marc B. Kaplin for Land Use & Zoning Law and Litigation – Land Use & Zoning, Robert A. Korn for Construction Law and Litigation – Construction, Jeffrey L. Silberman for Real Estate Law and Neil A. Stein for Land Use & Zoning Law. Robert A. Korn has received an additional distinction as the Best Lawyers’ 2014 Philadelphia Litigation – Construction “Lawyer of the Year.”
Kevin D. Birkhead of Westmont, N.J., has joined the Fort Washington-based law firm Timoney Knox, LLP as an associate. His practice focuses on trusts and estates, business law and civil litigation.
The Law Office of Marcia Binder Ibrahim Esq. is pleased to announce that they have opened a satellite office at One East Airy St, Norristown, Pa. The firm provides legal services in the areas of immigration and family law. Her staff speaks Spanish, French, Korean, and Arabic.
Neil Hurowitz, special counsel to the firm of Astor Weiss Kaplan & Mandel, LLP, is the recipient of the Pennsylvania Bar Association Family Law Section “Eric Turner Memorial Award.” Sean P. Kilkenny, chairman of the Friedman Schuman’s Municipal Law Group, together with David J. Sander will provide the legal services and guidance to the Doylestown-New Britain Regional Police Commission.
Norristown lawyer Francis Recchuiti, a partner of Vangrossi and Recchuiti was recognized with the Gold Medal Award presented by the Grand Lodge of Pennsylvania Order Sons of Italy in America and its recent convention banquet in King of Prussia.
Todd Eisenberg of PECO Energy Company was recently elected president of the Board of Directors of the Montgomery County Development Corporation.
IRS, State & Philadelphia Tax Controversies & Litigation Audit and Appeals Representation Offers in Compromise Chapters 7 and 13 Bankruptcy
Kaplin Stewart has many lawyers of distinction in their fields of law. Selected by their peers for inclusion
www.brandywinetax.com 150 N. Radnor Chester Road / Radnor, PA 610.235.7577 Referral Fees Paid As Permitted By The Rules Of Professional Conduct
Your client has enough to worry about right now. You should take the initiative:
Call IAB first. Fires, storms, floods and other disasters hit fast, hard and without mercy. If your client’s property is damaged or completely destroyed, every second and every dollar counts. Your first call should be to IAB. Damage needs to be assessed and documented properly. Your client is being told to clean up, but will valuable evidence be discarded? Our experience as public adjusters enables us to help you protect your client’s interests as we manage the complex process of the insurance claim. We’ll fight to obtain the settlement your client deserves – the maximum settlement – in the minimum amount of time. Insurance companies move quickly to protect their interests. You should be proactive—and preemptive. Your client will thank you for it.
800.441.7109 toll free or 610.667.1617 24/7/365 Visit us at www.iabclaims.com
© 2013 Insurance Adjustment Bureau, Inc.