The Writs by Hoffmann Publishing Group

theWRITS THE OFFICIAL PUBLICATION OF THE BUCKS COUNTY BAR ASSOCIATION

WINTER 2015

COURT HISTORY IS MADE BY MICHENER AND MERCER MUSEUMS Making a Difference Removing Barriers to Employment

CONFESSIONS OF A MUSIC SNOB HOW DAVID SLEW THE

COOKIE MONSTER

theWRITS THE OFFICIAL PUBLICATION OF THE BUCKS COUNTY BAR ASSOCIATION

contents WINTER 2015

CONTACT INFO President Barbara M. Kirk President Elect Joanne M. Murray Secretary Grace M. Deon Treasurer Marijo Murphy Editorial Staff Scott L. Feldman Writs Committee H. Paul Kester Dianne C. Magee Christopher J. Serpico Meg Groff David J. Truelove Bar Association Office Deanna Mindler, Executive Director 135 East State Street Doylestown, PA 18901 215.348.9413 www.bucksbar.org email submissions to deannam@bucksbar.org

President’s Message ................................................................

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COURT HISTORY IS MADE BY MICHENER AND MERCER MUSEUMS Honoring the Judges and County Commissioners of Bucks County, past and present, and the Members of the Bucks County Bar Association

................................................................ Page 8 Making a Difference Removing Barriers to Employment LASP’s Expungement Program helps low income people clear arrest and minor criminal records

................................................................ Page 14 Young Lawyers’ Division Reflecting on our past year’s work

................................................................ Page 17 CONFESSIONS OF A MUSIC SNOB So how did I get this way?

................................................................ Page 18

HOW DAVID SLEW THE COOKIE MONSTER Little did I know, that cookies and cake can become an addiction

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SHOES

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PUBLISHER Hoffmann Publishing Group, Inc. 2921 Windmill Road Reading, PA 19608 610.685.0914 x201 HoffPubs.com Advertising Contracts Mark Schelling 610.685.0914 x205 Mark@HoffPubs.com Karen Zach 610.685.0914 x213 Karen@HoffPubs.com

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BILLY JOEL RULES THE GARDEN Can a 65 year old still rock and roll?

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For Advertising Opportunities: Call Mark Schelling at 610.685.0914 Ext 205 The written and visual contents of this magazine are protected by copyright. Reproduction of print or digital articles without written permission from Hoffmann Publishing Group, Inc., and/or the Bucks County Bar Association is forbidden. The placement of paid advertisement does not imply endorsements by Bucks County Bar Association.

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President’s Message

Barbara Kirk Bucks County Bar President

Unbelievably, another year is drawing to a close. This time last year, I was getting prepared to assume my duties as president of the Bar Association. Little did I know how quickly time would fly by?

Law Reporter committee, under the direction of chairperson, Kevin Zlock, and with the assistance of our treasurer, Mary Joe Murphy, in resolving outstanding issues dealing with the Law Reporter. Also thanks to Scott Feldman for researching, with Deanna’s assistance, and implementing a more formal magazine format for The Writs. Look for the first new issue to be published and distributed in December of this year.

This past year has been rewarding and challenging. While the Bar Association has experienced some bumps, growing pains and challenges this year, overall, we had a very successful year.

Besides the many projects undertaken by the Association this year, we continued to have fun with various events and receptions.

Our year started with a strategic planning retreat for the Board of Directors to develop and implement a more flexible strategic plan for the Bar Association as a nonprofit organization and business. The plan has been growing under the guidance of our president elect, Joanne Murray. Additionally an ad hoc committee was created to review the staff employee handbook as well as a comprehensive review of our existing policies and bylaws. That Committee included Joanne Murray, Grace Deon, Herbert Sudfeld, Felicity Hanks, and John Trainer. William Schroeder, as chair of the Bylaws Committee, also provided his comments and thoughts regarding the bylaws and proposed revisions, all of which will be presented at the annual meeting. The goal was to update all policies and bylaws to provide new Board members and the officers with a comprehensive handbook for the governance of the Association.

Besides the many projects undertaken by the Association this year, we continued to have fun with various events and receptions. Our first big event occurred in March with “The Opening of the Assizes,” which was a smash. Besides good food and companionship, many enjoyed a new signature drink, the bushwhacker. “Dinner and a movie” provided entertainment in May, with an Italian themed dinner and then a showing of “My Cousin Vinny.” While attendance was smaller than last year, everyone still had a marvelous time and many laughs during the movie. In June, our Association was also honored by the presence of fourteen

The Bar Association experienced growing pains with changes in staff as well as changes to the publication of the Law Reporter and our quarterly magazine, The Writs. Thank you to the theWRITS

BCBA Women Lawyers Division 4th Annual Women’s Power Summit

federal judges at the Federal Courts Reception. Kudos to Grace Deon and Stewart Wilder, with the assistance of Honorable Cynthia Rufe, for putting together such a wonderful reception.

The MCL E committee, led by Kristine Michaels, was busy throughout the year putting together numerous continuing legal education classes for our members. Many classes included several CLE marathon days coordinated by our own Michelle Froehlich who managed to step into Marylou Jones’ shoes and continue our legal education programs without missing a beat. Thank you to all who participated.

The annual golf outing was a huge success, and the softball game between the young and seasoned lawyers was a bit smaller than usual but everyone who attended had a great time. The race judicata was also a hit. Although we had less runners than usual, the Association was able to raise additional funds needed for Legal Aid. Thank you to The Pro Bono Committee chairperson, Judith Algeo, and race coordinator, Brandon Nemec, for their efforts in putting together another successful race.

A successful legislative breakfast was held in October coordinated by David Truelove and various members of our legislative body. The Women’s Power Summit again was a smashing success. The panelists were totally awesome and the Women Lawyers Division, chaired by Jennifer Gould, should be extremely proud of themselves. I hope that the Women’s Power Summit continues to be a main event of the Bar Association.

Our Bench Bar Conference this year was held at Seaview Resort in Galloway, New Jersey. For those who were not able to attend, you surely missed a great time. The Thursday evening reception was spotlighted with a 50s theme, including boardwalk fries and milkshakes. Great job by the committee and its chair, Robert Repko!

Rounding out this year included our Pro Bono Reception which was preceded by a free CLE class led by Elizabeth Fritsch. The Membership Committee, chaired by Sean Gresh, continued to develop 5

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project a true success which will be highlighted by the showing of the portraits in January 2015. I would like to especially thank my fellow officers who worked with me this past year and gave me much support and assistance throughout the year. In case you haven’t noticed, this year represents the full first full slate of female officers. Thank you to President-elect, Joanne Murray, our treasurer, Marijo Murphy, and our secretary, Grace Deon. Without your assistance, this past year would have been much more difficult. Also thank you to the Board of Directors who devoted their time and efforts in helping to make our Association so successful!

many benefits for the members, including ideas for technology in the new courthouse and promotion of the passes to the courthouse for practicing lawyers. Lastly, our Past Presidents Committee has been diligently working to secure numerous judicial portraits to bring the history of our judiciary to date. This project was initiated during the reign of past president, Jeffrey Trauger, continued during the Brian McGuffin’s presidency, and has gained much acceleration during this past year. Much thanks to Larry Grimm, Honorable Hart Rufe, Adrian Meyers and other members of the Past Presidents Committee who have devoted so much time effort and research in making the judicial portrait

BCBA Women Lawyers Division 4th Annual Women’s Power Summit

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Also thank you to the Board of Directors who devoted their time and efforts in helping to make our Association so successful! BCBA Staff â&#x20AC;&#x201C; Kelly, Michelle, Barbara, Patty

I would also like to thank many past presidents who, during some of the more challenging times this past year, provided me with guidance, wisdom and counsel. Your experience and advice was truly appreciated.

In closing, I would like to thank the membership for their commitment to the Association and for their beliefs in my abilities to serve as president this past year. I was truly honored to hold that role and be among so many honorable and distinguishable past presidents. I look forward to the upcoming years and wish Joanne Murray with much success and rewards in her year as president as I have enjoyed. n

I would be remiss if I did not thank the Bar Association staff led by our Executive Director, Deanna Mindler. Until this year, I did not truly appreciate the amount of time and effort that the staff devote to the Association and our membership. They quietly handle all of the details and minutia so that each and every project, event and reception is a success.

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feature

COURT HISTORY IS MADE BY MICHENER AND MERCER MUSEUMS

On January 8, 2015 a Reception will be held at the James A, Michener Art Museum honoring the Judges and County Commissioners of Bucks County, past and present, and the Members of the Bucks County Bar Association. The occasion is the gathering together in one room of 28 portraits of Bucks County judges from the present Court House with 15 portraits of judges recently completed or found. This is in anticipation of all of them being permanently installed in the new Court House that is expected to open soon thereafter. Two borrowed Bucks County judge portraits will bring the total on display to 45. Lisa Tremper Hanover, Executive Director of the Michener, has said: “Truly, this is an historic occasion.”

koop was the Judge of Bucks County from 1777 to 1789. The portrait, on loan from the Northampton Township Historical Society, was made available by Douglas C. Dolan,n President of the Mercer Museum and Bucks County Historical Society where it is on permanent display. The Mercer is providing a most valuable contribution of curatorial assistants and photographer’s documentation. Mr. Dolan said, “Two of Bucks County’s premier cultural institutions are collaborating to make this special project happen.” The first President Law Judge of Bucks County was Hon. James Biddle (served 1791 – 1795), a member of the Biddle Family of Philadelphia and Bucks County from Revolutionary times to present. He is the most senior judge depicted in the Court House collection. Next oldest is of Judge Bird Wilson (1806 – 1818) son of Declaration of Independence signer, James Wilson, graduate of University of Pennsylvania at age 15, Judge at 29 who resigned at 41 to enter the Episcopal ministry. He was suc-

Perhaps the most significant portrait, certainly the oldest, is of Judge Henry Wynkoop by Rembrant Peale, the artist famous for portraits of Revolutionary War figures, especially Judge Wynkoop’s close friend, General George Washington. Judge WyntheWRITS

ceeded by John Ross (1818 – 1830), the first of a long line of Ross lawyers that included his son, Henry P. Ross (1869 – 1882), a Pa. Supreme Court Judge and lawyers practicing until the 1970s. Judge John Fox (1830 – 1841) followed John Ross. He became a member of the Bucks County bar in 1807, married Margery Rodman and began a legal dynasty that continues today. His descendants served as Judges of Northampton County, the Pennsylvania Supreme Court and 2 were Presidents of the Pennsylvania Bar Association, and one is Reeder Rodman Fox, counsel to Philadelphia’s Duane, Morris and Hecksher, kin to D. Rodman Eastburn, head of Eastburn and Gray, P.C.

the portrait gallery and agreed to pay for paintings that were not donated. Judge Yerkes was President Judge from 1883 to 1903 and then President of the Bucks County Bar Association from 1904 to 1928! Several of the judges’ portraits are by Jonathan and Thomas Trego, well known Bucks County artists who agreed to paint portraits or copy works done by others for $40 or $50 apiece –a bargain even in the nineteenth century. The portrait of Stokes Roberts (1872 – 1873) cost $500 in the late 1800s. Trego portraits of James Biddle, copied 1897, John Ross, Bird Wilson and David Krause (1845 – 1851) are in the collection. One of the portraits is not of a Judge. George Lear, Attorney General (now called District Attorney) of Bucks County in 1850, Attorney General of Pennsylvania 1875 – 1879, was the first President of the incorporated Bucks County Bar Association in 1884 and those remarkable qualifications got his portrait into the collection despite his lack of judicial experience. The portraits reflect several family relationships. Judge Edward G. Biester (1949 – 1971), a former District Attorney (1938 – 1949) was the father of Judge Edward G. Biester, Jr. (1980 -2001), a U.S. Congressman, Pennsylvania Attorney General and Chairman of the Board of Trustees of the Michener Museum. Brother Judges Wm. Hart Rufe III (1972 – 1999) and Judge John J. Rufe (1989 – 2009) will have their portraits joined in the new Court House by that of Judge John Rufe’s wife Judge Cynthia M. Rufe (Bucks County Judge 1994 – 2002, U.S. District Judge, EDPA, 2002 -). To single out judges for special mention is to recklessly disregard others, yet, here are a few: brilliant and long serving Judge John P. Fullam

The foregoing is but a hint of the history embodied in the portrait collection as the many judges skipped over all have accomplishments and tales to tell. It came to be conceived and organized largely due to the efforts of Judge Harman Yerkes who began working on it in 1892 when the portrait of Judge Henry Chapman (1861 – 1871) became the first acquired in the collection. The County Commissioners were convinced by the Bar Association of the value of

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feature (Bucks County Judge, 1960 – 1966, U.S. District Judge, EDPA, 1966 – 2011, Chief Judge 1986 – 1990) presided over many of the most nationally noticed and complicated cases. Judge Isaac S. Garb (1966 – 1999), also bright, durable and zealous, served as President Judge 1983 -1993 and again 1998 – 1999 and as a Senior Judge in Northampton County until 2004. William M. Power, a cousin of the Rufes, was the shortest-serving judge at six months from start to retirement. He also served as President of the Bucks County and Pennsylvania Bar Associations and was Chairman of the General Practice Section of the American Bar Association. His portrait is on loan from his family. Judge George T. Kelton (1977 – 1992), President of the Bar Association 1972-1973, after his 70th birthday pursued his interest in municipal

law serving on special assignments with the Commonwealth Court from 1992 to 1999. As is very evident from his portrait, the very popular Judge Robert M. Mountenay (1970 – 1979) had a great flashing smile and a constant, cheerful disposition in spite of polio handicaps requiring metal braces on his legs and crutches. His portrait and that of Judge Power were by T. McDonald. The least popular Judge depicted in the gallery has to be Judge John J. Eckleberry (1955 – 1956) whose only legal experience before his appointment was as a counsel to the U.S. Steel Corporation. Opposition by the Bar Association caused his defeat in the 1955 election and the elevation of highly regarded and then President of the Bar Association, Judge I. Louis Rubin (1956 – 1958), the only person to be bar president and judge at the same time to date. Ironically, Judge Eckelberry’s portrait, by James Shucker, a talented Quakertown Portrait of the Honorable artist, made him look very Leonard B. Sokolove judicial. Bucks County’s first lady Judge, Harriet M. Mims (1976 – 1986) was, like her former Perkasie law partner, Judge Mountenay, popular and highly competent. Her portrait was the first of many by the most prodigious artist in Bucks County’s judicial portrait history, Barbara Lewis. Barbara, a Bucks County artist and teacher, studied at the Pennsylvania Academy of the Fine Arts (“PAFA”) and trained at “Studio Incamminati,” an atelier in Philadelphia run by world famous portraitist, Nelson Shanks. With the support of the Bucks County Bar Association, she has done portraits

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of these judges: Fullam, Paul R. Beckert (1964 – 1989), Garb, Edmund V. Ludwig (Bucks County Judge 1968 – 1985, U.S. District Judge, EDPA, 1985-), Leonard Sokolove (1981 – 1995), Kenneth G. Biehn (1979 – 2007), Ward F. Clark (1986 – 2000), Daniel J. Lawler (1996 – 2007), and Clyde W. Waite (2004 – 2014). The recently painted portraits display the work of other excellent artists: Stephen Early (Judge Hart Rufe), Ted Xaras (Judges John and Cynthia Rufe),James J. Himsworth 3rd (Judge Biester, Jr.), Selma Bortner of her husband Judge Oscar S. Bortner (1977 – 1989) and Glen Harrington did both President Judge Susan Devlin Scott (1990 – 2014) and President Judge R. Barry McAndrews (1991 – 2003).

lent. Artist Stephen Early, a top teaching assistant to Nelson Shanks at the Studio Incamminati, who studied at the Art Institute of Philadelphia and PAFA, really caught the serious, kindly soul of Judge Hart Rufe. James J. Himsworth III, a graduate of The Philadelphia College of Art who also studied at the Studio Incamminati and PAFA captured Judge Biester, Jr. in the most casual pose in the collection, at home, without a necktie, yet rendered him with his customary judicial determination. Ted Xaras, a professor at Ursinus College and PAFA is well known for painting locomotives and U. S. Presidents in miniature, but he values Old Masters style in portraiture. His view of Judge John Rufe in a suit in chambers is relaxed yet shows his quiet intensity. His portrait of Judge Cynthia Rufe has yet to be seen but watch for it! The project is ongoing, since portraits have not yet been received of several recently retired judges, deceased judges and currently sitting judges.

Thunderous thanks go to the Past Presidents, law firms and members of the Bucks County Bar Association who have thus far contributed more than $60,000 for the cause.

Planning for the updating of the portrait gallery was begun in 2012 by Bucks County Bar President Jeffrey G. Trauger in anticipation of its move to the new Court House. President Brian McGuffin continued it and progress accelerated under current President Barbara Kirk. To manage the

The quality of the art in the collection unquestionably varies but some is outstanding. Here, as in commenting on certain judges, dwelling on a few artists means neglecting others perhaps as deserving. Probably the most famous and skilled near contemporary Bucks County artist represented is John F. Folinsbee (1892-1972). Admired for his impressionist scenes of the Delaware river villages, he won many awards. His portraits of Judge Calvin S. Boyer (1930 – 1949) and Judge Rubin are excel11

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feature project the Past Presidents Roundtable of the Association appointed a committee consisting f Frank N. Gallagher, J. Lawrence Grim, Jr., Adrian L. Meyer and Judge Wm. Hart Rufe III. The committee’s first task was to overcome the reluctance of many judges, for reasons of modesty, to have their portraits painted. Most of them were convinced to participate in the project by the argument that by reason of their office they have been significant figures in the history of Bucks County. Committeeman Grim, with the assistance of intrepid Bar Association Executive Director Deanna Mindler, coordinated the painting of new portraits, their framing and adding accurate nameplates. The committee has had the assistance of Doug Dolan, President of the Bucks County Historical Society and of Lisa Tremper Hanover, CEO of the Michener Museum, in removing the paintings from the courtrooms, assessing their condition, caring for them and arranging for the historic exhibition. The first display of all the portraits, old, borrowed and new, will be at the Michener at the January 8 reception. The public will be able to see the show from January 9 to February 8, 2015.

have had appropriate dedication ceremonies. Fortunately a move from one court house to a new one only occurs every 50 years or so. Douglas Praul, Court Administrator, was most helpful in providing factual information on the terms and titles of judges. Lynn T. Bush, Director of the Bucks County Planning Commission and Bucks County Chief Clerk, was the principal author of Bucks County Courts and the Bucks County Bar Association –A History from William Penn to 2003, which was the main source of the historical information mentioned in this article. She is working on Volume 2 of the history. During his presidency, Brian McGuffin made the arrangements with the Charitable Foundation of the Bucks County Bar Association for gifts payable to: “BCBF-JP” to be 100% tax deductible. We owe the Foundation and Brian our gratitude. Thunderous thanks go to the Past Presidents, law firms and members of the Bucks County Bar Association who have thus far contributed more than $60,000 for the cause. Most of all, a standing ovation goes to the judges who patiently sat for their portraits, their, spouses, families, law clerks and friends who supported them in this project for posterity. n

Credit is due to the judges who worked with the Board of County Commissioners, especially President Judge Susan Devlin Scott, Judge Robert J. Mellon (1992-1993, 2002-) and new President Judge Jeffrey L. Finley (2006-) who have all shown concern for the collection. Judge Finley appointed the very qualified Judge James McMaster (2010) the special contact for relocating the portrait gallery. The Commissioners were most cooperative about issues like where the portraits will be hung and how they will be attached to the walls. All these people will be relieved when they are settled in at the new Court House, the portraits are hung, and the judges who so choose theWRITS

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Making a Difference Removing Barriers to Employment Paul* finished high school and college with top honors and he’s acing his graduate program. As the first in his family to attend college, he’s an inspiration. Yet, a serious mistake he made at 14, could keep this bright and highly qualified young man from attending medical school.

Helping a person get a second chance is very rewarding. Pro Bono attorneys are needed to help Bucks County residents clear their records, so they can move forward with employment and education. Training is available. If you are interested, email Erica Briant at ebriant@lasp.org.

LASP helps people like Paul remove barriers to achievement. This fall, Legal Aid of Southeastern Pennsylvania, “LASP”, (formerly Bucks County Legal Aid Society), welcomed Erica Briant, Esq. as an Equal Justice Works AmeriCorps Economic Opportunity Legal Corps Fellow. She is one of 36 Fellows in legal services programs throughout the county who help people leave poverty behind by removing barriers to employment. She is expanding LASP’s Expungement Program, which helps low income people clear arrest and minor criminal records, works with employers to prevent employment discrimination based on job applicants’ criminal records and helps transgender people seek legal name changes to ease their job searches. Paul’s juvenile record could prevent him from entering medical school. As a full time student from a low-income family, he cannot afford the help of a private attorney. His story could have ended there – a brilliant young man unable to live up to his full theWRITS

potential because of a mistake he made as a child. Instead, Paul connected with Ms. Briant through a community legal education clinic. She is helping him file for an expungement and he is on his way to a bright future. 14

Minor criminal records and even arrest records can have far-reaching consequences. Individuals are denied employment because of arrests that never led to convictions or because of minor summary offenses, such as loitering. Since the ability to find a job is the number one predictor for whether people with criminal records will re-offend, clearing records plays a significant role in breaking a cycle of incarceration and poverty. Clearing records opens up opportunities to support a family, find suitable housing and build a stable, healthy life. Former LASP clients have been able to go back to school, get jobs that pay a living wage, or begin paying child support.

Ms. Briant is expanding LASPâ&#x20AC;&#x2122;s ability to step in and help these people. She is accepting cases in all four of the counties that LASP serves, (Bucks, Chester, Delaware and Montgomery), providing community legal education on barriers to employment, and increasing the involvement of pro bono attorneys. Outreach in Bucks County has shown that there is an overwhelming need for expungement services. Since starting at LASP two months ago, Ms. Briant has conducted four outreach events in Bucks County and met with more than 100 people who need help with expungements. The number one reason given for wanting an expungement is to find work. At some events, nearly every attendee had a story about how a minor offense, sometimes decades old, stopped an employer from hiring them. Still more heartbreaking, clients report having left one job to start a newer, higher paying position only to be fired

In Pennsylvania, arrest and minor criminal records can be frequently be expunged, but the process can be difficult and expensive. Most people who need expungements cannot afford to hire counsel.

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legal aid after a few weeks, when their employer receives their background check.

people break the generational cycle of poverty. While there, she distinguished herself with pro bono service, volunteering with Community Legal Services, Philadelphia Legal Assistance, Mazzoni Center Legal Services, HIAS Pennsylvania, ACLU of Pennsylvania and the Senior Law Center. As a student, she helped low income clients access health care, safely leave abusive relationships and normalize their immigration status.

â&#x20AC;&#x153;nearly every attendee had a story about how a minor offense, sometimes decades old, stopped an employer from hiring them.â&#x20AC;? Ms. Briant has worked and volunteered for nonprofits since high school, when she started volunteering at a community service organization in Atlantic City, NJ. As the child of a single mother, raised in a working class town, she learned how difficult it was for many to realize the American Dream of upward mobility. After graduating from Reed College in Oregon and serving for two years in the U.S. Peace Corps in Swaziland, Ms. Briant attended Drexel Law School intent on earning a J.D. to help low income

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If you would like more information about expungements or other legal barriers to employment, contact her at ebriant@lasp.org * This is a real LASP case, but names are changed to protect client confidentiality. n

yld

Young Lawyers’ Division As we head into the New Year and reflect on our past year’s work in the Young Lawyer’s Division, it always is surprising to see just how much our YLD is involved with the Bar Association: from running and operating the Mock Trial Competition for our local high school students, to awarding scholarships for the Bench Bar conference to our members, welcoming new members through the Bridge the Gap program, and running CLEs for the Bucks County Bar Association.

Executive Board this year paved the way for a more vital Division next year, by increasing leadership roles to include a Vice Chair position, in addition to Chair-Elect, and adding a Board of Directors. Along those lines, please join us in welcoming the incoming 2015 YLD Board:

This was also the year where our Division made a concerted effort to make sure our members were represented and their views were taken into account, on the BCBA Board of Directors, and on the Bench Bar, Budget, and Member Services Committees. Meanwhile, our YLD

Larry Scheetz – Chair Elect Williams & Scheetz

Officers & Directors Matthew McHugh - Vice Chair/Chair Elect Grim Biehn & Thatcher

Breandan Nemec – Vice Chair Rovner, Allen, Rovner, Zimmerman and Nash Dana Etkowicz - Secretary Law Clerk to the Honorable Clyde W. Waite Felicity Hanks - Treasurer Hill Wallack

AttornEy DiSCiplinAry AnD EthiCS mAttErS

Jessica VanderKam – Immediate Past Chair Stuckert and Yates

StAtEWiDE pEnnSylVAniA mAttErS no ChArGE For initiAl ConSUltAtion

Directors

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

Michael Martin Hill Wallack

James C. Schwartzman, Esq.

Bianca Roberto Stark & Stark

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

Emma Kline Fox Rothschild As we head into next year, we challenge all young lawyers, and anyone else who would like to be involved, to contribute to our goals for the YLD to actively be a helpful resource for our incoming membership, and to give back to our community at the same time. We are looking forward to another great year in 2015. n

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human interest

CONFESSIONS OF A MUSIC SNOB

I confess. I am a music snob. The music I like

is better than the music you like. The bands that I listened to growing up in the late 60’s and 70’s were making the best music, and have yet to be eclipsed. I saw Dylan in concert in the 70’s and again this year. Same with Neil Young. And the Doobie Brothers. And Phil and Bob from the Grateful Dead. My lifetime expense on itunes is under five dollars. Why bother with one song at a time when albums represented the creative output of the best musicians of the day and still do. Of course, by albums, I mean 8-tracks, cassettes, CD’s and now, downloads. But, ah yes, record albums. You remember: twelve inch square cardboard works of art, with original cover art and band photos, gatefolds, double albums, lyrics printed on the sleeve, and all lined up perfectly in your bookcase. But it’s what inside that counts. If it was not originally available on vinyl, it probably is not worth my time listening.

So how did I get this way? Is a music snob made or born? I blame my older brother. I can recall sitting in the hallway outside his bedroom door so I could hear his radio. In low fidelity, it played the AM top 40 stations with the boss jocks spinning Ooh Child, Dizzy, I Love You More Today than Yesterday, Shiloh and more. With a three year head start, my older brother had some good musical influences. While I was trying

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to figure out if it was the actors I saw on TV actually singing on the Partridge Family song I liked (and don’t even get me started on the Archies), he was already listening to Traffic, Pink Floyd, the Allman Brothers and Jethro Tull. He even dragged me along to my first proper rock concert, Fleetwood Mac, featuring Bob Welch. (Only a couple weeks later, Welch left the band and would be replaced by a young guitarist from California, Lindsey Buckingham, and his girlfriend, Stevie Nicks.)

up, eating a really nice dinner and seeing . . . The Temptations! On a return visit perhaps a year later we saw the original Fifth Dimension. I knew some of the big radio hits: Aquarius/Let the Sunshine In and Up, Up and Away. I recall Marilyn McCoo introducing a new song and dedicating it to her husband and bandmate, Billy Davis Jr., called Wedding Bell Blues. My first ever concerts were Motown originals and would be etched in my brain forever. I was hooked. The Latin Casino would later become a disco and concert hall called Emerald City. The Talking Heads recorded a live album there.

As far as our respective musical tastes, things would even out before long, but a lot of good music and borrowed 45’s, eight tracks and albums made its way across the hallway to my childhood bedroom.

I blame Wally S. I arrived at camp in the Poconos in the Summer of 1977 to be a camper waiter and assistant swim instructor. I came equipped with my well worn copy of Frampton Comes Alive and a portable eight-track player. Oh yeah, I was cool (or so I thought).

I blame my parents. They were not that into music. Their music “collection” was severely lacking. Among the few albums in our house growing up were those by Barbara Streisand, Anne Murray, Herb Alpert & the Tijuana Brass (although the “Whipped Cream” album cover was, um, intriguing), and, the dreaded show tunes. They even had something called “The Liverpools”. Not the Beatles, mind you, but perhaps the first Beatles tribute band. I wasn’t sure. I’m still not sure. What the heck, Mom?

Wally “Gator” was the first person I met as I got off the bus. He was dressed in long pants with no shirt and had the longest hair of anyone in the bunk. More importantly, Wally had a full stereo set up. Turntable and speakers! Right there in the bunk! I discretely placed my boombox under the bunk where it would remain most of the Summer. Wally knew music and Wally regularly lamented that there was really so little music made after 1970 that was worth listening to. He was a Rolling Stones freak and despite its release date of 1973, Goats Head Soup was in regular rotation. Our bunk really enjoyed “Star Star”, a great rocker that has never been played on the radio. Its explicit bawdy lyrics ensure its forever status as a deep album cut. But its classic Stones. In my mind I have moved the needle (no pun intended)

But redemption was forthcoming. Mom and Dad took my brother and me to the Latin Casino in Cherry Hill, New Jersey. The Latin Casino was not a casino, but an upscale dinner theater featuring some of the top musicians of the day. I was maybe eight or nine years old and recall getting dressed 19

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human interest forward to the mid to late 1970’s, but Wally’s point is well taken.

Even better, some of his Dad’s stores featured a Ticketron outlet. No typo. Before being purchased by the conglomerate that became TicketMaster and monopolized concert tickets, quant little Ticketron was the way to go. Dad started bringing home concert tickets and Bruce took me to some great concerts at the Spectrum: Eric Clapton touring behind Slowhand, the Doobie Brothers featuring Michael McDonald; Neil Young on the Rust Never Sleeps Tour, and on May 18, 1978, my first concert by the good old Grateful Dead. Thanks, Bruce (R.I.P.)

I blame Bruce R. My high school friend’s Dad owned a record store! Actually, he owned a chain of record stores. I recall tagging along with him to a grand opening in the Oxford Valley Mall. The music bug had only partially bit, so I think we spent as much time in the pinball arcade as in the new store, but there seemed to be a lot of excitement. Before long, Bruce started bringing home the latest albums on a regular basis. If he heard a song he liked on the FM radio, sure enough there would be a new addition to his impressive album collection.

I think of some or all of these influences each time I listen to a classic album or attend a concert that has me up on my feet. I am a big fan of Sirius radio and the programming of many of their channels is right up my alley: With a nod to the aforementioned Wally, think mid - 1970’s and earlier. That said, I have found that there is no lack of great music out there waiting to be discovered or rediscovered. Even a snob like me can find something new to enjoy now and again.

-Scott L. Feldman n

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human interest

HOW DAVID SLEW THE

COOKIE MONSTER By David Zellis

or a long as I can remember I have loved cookies. Chocolate chip, Oreos (especially mint) and, of course, homemade cookies. As time marched on, I branched out into loving cakes too. Tastykake, Entenmannâ&#x20AC;&#x2122;s, and home baked cakes. My love affair with cookies and cakes fit perfectly with my chosen profession because as an attorney I often sat chained to my desk reading and writing while munching on chocolate chip cookies or Tastykakes. It was a wonderful existence.

against such addictions. Fortunately, I do not suffer from any of those addictions. I discovered, however, that I am a cookie addict. How did I become aware of my addiction? The reality became evident when I started hiding cookies in my desk drawer, when I volunteered for the late night run to the market for milk and could not resist the cookie aisle. I then stuffed the cookies into my mouth on the drive home so my wife would not know. The waist line grew, the snoring increased, and the resulting exhaustion became unbearable. Cookies could not possibly have been the cause of these problems, or so I thought. So, naturally, I continued to munch on my cookies. The waist line issue was solved by buying larger suits, the snoring was controllable with the C-Pap machine and the exhaustion was because I just simply needed more sleep. Whatâ&#x20AC;&#x2122;s the problem?

I never really thought that my enjoyment of cookies and cakes was a problem because I had everything under control and could stop whenever I wanted. Little did I know, that cookies and cake can become an addiction. As a former prosecutor and current defense attorney, I have seen more addictions than you can imagine: drugs, gambling, sex, and alcohol, to name a few. Anyone who knows me is aware of my respect for those who suffer from the disease of addiction and the daily battle waged theWRITS

The problem was that I could not stop and, in fact, I was eating more and more cookies at a faster 22

pace than ever. The more stress, the more I was comforted by my cookies. Things got so bad that I started telling myself that the best attorneys I knew wore triple X-large and that juries favored large lawyers because they are so lovable.

at the doctor’s office lose significant weight. I took the card back to my office and placed it on my desk where it sat patiently waiting for me to pick it up and place the call. Was I ready to give up my cookies, did I want to appear on cable television (where the reruns go on for years) filling up the entire screen and, could I survive my wife’s lack of sleep because of my snoring?

As an attorney, I was taught to be logical in analyzing situations, but when it came to me and my cookies, I was clearly in a delusional state. A series of events took place which suddenly woke me up to reality. First, another client told me about how his addiction was ruining his life and his parents explained how helpless they felt. Next, my snoring was no longer being controlled by the C-Pap machine and my wife was fit to be tied. Lastly, I was scheduled to be interviewed by Aphrodite Jones of True Crimes on the Discovery Channel in September 2014. I was forced to look in the mirror and come to the realization that something had to be done and quickly. There is nothing like a lawyer’s ego.

I finally made the call. I was mentally ready to undertake the challenge. I was determined to make changes in my life. The course of my life was about to change, but I had no idea how much. I was given a food map and a coach. I went to work buying the right food, preparing the food, training my body to accept the decreased portions and stopped the cookies and cakes cold turkey. From July to November, I lost 45 pounds! My energy level has never been better, my snoring is no longer an issue, and I was presentable for the Aphrodite Jones interview. Most importantly, I set out on a mission and I proved to myself I could do it. I have gone five months without a cookie and without any cake.

“I Finally made the call. I was mentally ready to undertake the challenge. I was determined to make changes in my life.”

After

Before

After

Before

I now am ready to move onto “maintenance” and meet the next challenge. Wish me luck as I continue to slay my cookie monster.

At my yearly physical, my doctor thought it was a good idea to take off some weight, but by no means was it a medical necessity, yet. Fortunately, my doctor handed me the card for someone who had tremendous success with helping employees

Please email David at dzellis@zellislaw.com if you would like more information on how David successfully slew the cookie monster. n

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annals of history This story is being republished at this time because several of the original key players have passed from this life and those of you who have been wondering about their true identity may now have your curiosity satisfied. The President Judge was our golfing jurist the Hon. Lawrence A “Moke” Monroe. The trial judge was the Hon. Paul R. Beckert. The Township Solicitor was Leonard B. Sokolove, late judge of the Court of Common Pleas of Bucks County. The plaintiffs’ lawyer’s name is undisclosed will remain that way because I have forgotten who it was. Perhaps it is better this way.

SHOES by Key Smedly

Sometimes my editor will pick up an item from the wire services dealing with an event happening here in the county and give me a call and assign me to cover the matter. The scheduling of the annual meeting of the Appalachian States Horseshoe Throwing Associating in Bristol Township was such an instance.

t is almost axiomatic that people with insufficient knowledge easily fall prey to fears, real or imagined. When an unforeseen event first comes to light many folks simply feel threatened. Fear and irrational action build from there. It brings to mind an analogy to the conduct of chickens. If you have a flock of chickens that is happily adjusted, with each hen laying an egg a day, and you introduce just one new bird into the flock, the flock will go into a molt and stop laying until the pecking order is re-established. The same thing happens in organizations. Just introduce a new person or idea into an organization, especially without warning, and watch what happens. This is no less true of neighborhoods.

that immediately upon the close of the school year they would lease the grounds of one of the elementary schools to the Appalachian States Horseshoe Throwing Association (ASHTA) for its annual competition. This particular school was sandwiched between two low-to-moderate income housing developments that had grown out of wartime housing built for an airplane parts manufacturing plant, which had long since closed. The first reaction of the residents was of fear and outrage: fear that the intrusion of these uncouth outsiders would destroy the peace and harmony of their neighborhood; and, outraged that the School Board would expose these good people, especially the children, to the anticipated criminal conduct of these barbarians. To combat the threatened invasion they accepted the offer of a self-proclaimed “public service” lawyer, who miraculously ap-

A case in point was the announcement by the Bristol School Board one spring several years ago, theWRITS

peared on the scene, extracted a small fee from each of about thirty families (which, when added up, came to a sizeable sum), and promised that he would secure immediate and permanent injunctive relief against the School Board from a judge in Doylestown.

“They worried about drinking, carousing at night, excess traffic, despoliation of school and neighborhood property, theft, robbery and even the possibility of “indecent” conduct.”

The necessary papers and supporting affidavits were prepared and signed by late on the Friday afternoon before the ASHTA people were due to occupy the school grounds. This was too late for filing in the Courthouse, so the first thing Saturday morning the attorney sought out the Prothonotary (the court officer responsible for civil court records) who accepted the papers for filing at his tavern. The attorney next sought out the President Judge who, as it happened, was just finishing his first nine holes of golf at the course located across the street from his residence. The sight of a lawyer waving papers in his hand was certainly not a welcome one to the judge who, ignoring the impassioned pleas of the lawyer, denied the injunction. He did, however, sign an order fixing a hearing for early (9:00 A.M.) on the next Monday, before a judge to be designated by the Court Administrator.

button-down collar, Tiger Eye cuff links, and a bolo tie with the slide and tips also made of Tiger’s Eye stones. His boots were highly polished. Dispensing with preliminary speeches, Judge Peters directed the attorney for petitioners to begin. There then followed a parade of witnesses comprising about half of the spectators, who described their fears without alluding to any factual basis therefor. They worried about drinking, carousing at night, excess traffic, despoliation of school and neighborhood property, theft, robbery and even the possibility of “indecent” conduct. Conceding that fear did exist among the people, though no foundation therefor had been laid, the Judge then called on the solicitor for the School Board to allay those fears.

The judge so designated was Judge Tom Peters who was about to begin a civil jury trial involving personal injuries arising out of an automobile accident. He was not happy with this intrusion upon his schedule, especially when he saw the attorney for the plaintiffs. “This guy is always trouble.” he mused to himself. The courtroom was fairly crowded with people from the neighborhood. Seated at the table with the Township solicitor (the Township was the named party, having issued a permit to ASHTA) was a small man who was neatly dressed in a denim suit of a rich brown color, with burnt orange piping on the seams, button holes and pockets. His shirt was saffron colored with a

The School Board solicitor was a gentle man of even temperament and excellent skills who produced as his only witness the man seated beside him. His testimony, as transcribed by the official court reporter, is sufficient unto itself to set forth the defense to this spurious litigation:

Q. What is your name and where do you live? A. My name is Caleb Fultz and I live in Cobbs Mill, Ohio.

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annals of history Q. (To the Court) Your Honor, with your

permission, I will hereafter use the acronym ASHTA when referring to the Appalachian States Horseshoe Throwers Association The Court: Granted.

Q. Do you hold any office in ASHTA? A.

Yes, I am presently the President of ASHTA. My wife and I are charter members of the Association and we have not missed a competition in the twenty seven years since its formation.

ASHTA was formed after World War II by some Army enlisted men who discovered that they were all from Appalachian states and that they all enjoyed throwing horseshoes in competition. For twenty seven years we have gathered together annually. We bring together two champion teams from each of the sixteen member states – one team each of men and of women – for our championship matches.

Our gatherings last one week. The first day consists of preparing four throwing ranges, I guess you would call them, each having two pits – four feet by four feet square – framed by 2”x 6”x 5’ planks held in place by spikes, after the sod has been dug out, with the target spike driven into the middle. The pits, properly spaced for men and women, are filled with a mixture of sand and sawdust that we provide.

When the competition has ended, we have a cook-out banquet and award prizes. Our last day is spent in restoring the property to its original condition, insofar as is possible. We take with us the sand and sawdust mixture.

your arrival and departure.

By the day before our scheduled arrival at the site of the competition, we will have met at a campsite within a few hours drive of our destination. Each family has its own mobile home or trailer. At that campsite we clean out all of our waste and replenish our supplies of food and water. We then travel a caravan to our destination. Unless we go

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The actual competition take place over three afternoons, with the individual competitors eliminating their opposition and advancing to the finals by winning the best out of seven

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games in their respective matches. A game is 21 points.

Q. Please describe the circumstances surrounding

Q. Please describe the history of ASHTA A.

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to nearby restaurants, we take all of our meals at the site. When the competition is over, we clean up the site, taking all trash and garbage with us. These items are disposed of at whatever campsites we may visit on our return home.

Q. You have heard the witnesses for the

Q. What do you do with your time when there is

no competition?

Our sites are selected for their proximity to historic and cultural locations and activities. For example, here in Bucks County you have Washington’s Crossing, Pennsbury Manor, New Hope and the Mercer Museum. In Philadelphia, Independence Hall, the Art Museum and even the Phillies are available. In the evenings we sit around and get reacquainted or maybe sing songs along

with some of our guitar players. We retire early because the next day’s activities usually call for an early start. petitioners voice their fears. Are those fears justified?

A. No. None of the conduct about which they have expressed apprehension has, in fact, ever taken place. We invite the neighbors of the school to come and see for themselves.

Q. Oh, by the way Mr. Fultz, what is your occupation? A. I am the President Judge of the Court of Common Pleas of Cobb County, Ohio.

Q. That’s all we have, Your Honor. We move

that the Petition be denied and the Complaint dismissed.

The Court, (with a broad grin), Thank you, counselor, that’s just enough. While the plaintiffs’ fears may have been real in their minds, they were totally unjustified. We find the witness for the defendant to be completely credible and accept his testimony as true. The Petition for injunctive relief is denied and refused, and the Complaint is dismissed, with prejudice. n

Appeals and Briefs Anthony J. Vetrano

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

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reviews

BILLY JOEL RULES THE GARDEN By Chris Serpico

n November 25th, my wife Maureen and had the incredible good fortune to luck into two tickets to see Billy Joel and his band in concert at Madison Square Garden. I’ve been a fan of his for quite some time, but I hadn’t seen him perform in several years, and I was interested to see whether at sixty-five years old “It was still rock and roll to him”!

based upon whether the venue continues to sell out as long as he believes the level of his performance hasn’t deteriorated to the point that his legacy is being tarnished. I can attest that based on what I recently observed, his legacy is intact! We knew we were in for something special when the “warm-up” band was British piano-player/vocalist Jamie Cullum. I have been a fan of Cullum’s ever since his album “Twentysomething” debuted a few years ago, but I hadn’t heard much from him lately. The crowd appreciated his boyish energy and amazing piano virtuosity. He accomplished his objective of revving up the crowd for the Main Act.

That question was quickly answered. The incredible musicianship and enthusiasm displayed by Billy and his band was as evident that night as when I had last seen him perform at the (then) First Union Center in Philly six years ago. Today some popular entertainers with thousands of loyal patrons opt for a steady gig in Vegas, think Celine Dion; Brittany Spears; and Garth Brooks, for example. Others schedule a world-wide concert tour every couple of years, such as; the Rolling Stones; Bruce Springsteen, and Bon Jovi. But Billy Joel’s unique in that he recently put together an exclusive deal with management at Madison Square Garden whereby he agreed to perform one night a month for thirteen months, after which he will decide whether he’ll continue to perform at the Garden theWRITS

When Billy Joel hit the stage precisely at 9:00 P.M. singing Miami 2017 (Seen the Lights go out on Broadway), pandemonium ensued. He and his band played for close to three hours, entertaining the sold-out stadium with timeless hits like Allentown; Just the Way You Are; She’s Always a Woman; Scenes From an Italian Restaurant; and, of course, Piano Man. Interestingly enough, im28

mediately following the performance of one of his timeless love songs, he would quip “…And then we got divorced”. Also included on the setlist were some audience requests like All for Leyna and The Downeaster Alexa, selected only after the crowd had first been offered a “fielder’s choice” of other songs in the Joel song catalogue. Of course, it’s not too difficult to please a crowd when you’ve had thirty-three Top Forty hits in your career-twice as many as Bruce Springsteen, The Eagles, or Fleetwood Mac!

Despite being seated in the upper level, the massive video screens employed by the lighting and sound technicians made it seem like the band was playing in our living room, and we definitely got the sense that Billy and his eight piece band were having one hell of a good time. And why wouldn’t they considering that I later learned that for each one of these shows at the Garden, which he commutes to in fifteen minutes by helicopter from his Long Island estate, Joel nets a cool million dollars, on a two million dollar gross. Not bad for a guy who hasn’t put out any new music since River of Dreams in 1993!

For an encore, we heard Uptown Girl, It’s Still Rock and Roll to Me, You May be Right, and Only the Good Die Young.

But I won’t begrudge him his plaudits. On this particular pre-Thanksgiving night, he was in good spirits and clearly basking in the adulation of his audience, both young and old. At first, I couldn’t understand how it was possible so many twentysomething girls could afford to buy tickets in the first two rows of the Garden, I later ascertained that in order to prevent jaded fat cats from surrounding the stage, the crew goes up into the cheap seats just before the show begins and hands out upgraded tickets for the first two rows to people of their choosing. That this usually results in a group that is young and predominantly female certainly appears to buck up the band!

An unexpected highlight of the evening occurred when Joel was joined onstage by his friends Sting, (in town promoting his new Broadway show about the British ship-building industry), and John Mellencamp, (who was performing in a Steven King musical Off-Broadway). Although it was exciting to see these two renowned rock stars perform duets with Joel and his band, it appeared that not enough rehearsal time had been allotted and their performances sounded a bit sketchy, especially in comparison to the tight renditions the band delivered of Joel’s many hits performed throughout the rest of the evening. As for the particular songs that were covered, Sting sang a rendition of Big Man on Mulberry Street from Joel’s 52nd Street album and John Mellencamp did a cover of his 1983 hit Crumblin’ Down.

Well, my wife and I weren’t one of the lucky few in the front row, but on this memorable night, it really didn’t matter. They say that the best things in life often come unexpectedly, and that’s certainly how this unforgettable opportunity arose. I’m sure we’ll remember Billy Joel’s performance for the rest of our lives. Billy Joel has now extended his Madison Square Garden residency, scheduling one additional concert each month through August, 2015. n

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photo gallery

calendar Thursday, January 08, 2015 • Judicial Portrait Reception (Michener Museum)

Former Law Clerks of Honorable Edmund V. Ludwig

Monday, January 12, 2015 • Membership Services Committee Meeting Tuesday, January 13, 2015 • Dispute Resolution Committee Meeting

Seth Weber honored for his Pro Bono Efforts

• Pro Bono Committee Meeting Wednesday, January 14, 2015 • Civil Lit Section Meeting • Orphans Court Section Meeting Thursday, January 15, 2015 • Criminal Law Section CLE

Bucks County Bar Admission Ceremony

Monday, January 19, 2015 • Martin Luther King, Jr Day - OFFICE CLOSED Tuesday, January 20, 2015 • Family Law Section Meeting Honorable Cynthia Rufe receives Harriet Mims Award

• Federal Courts Section Meeting Wednesday, January 21, 2015 • Budget Committee Meeting • Board of Directors Meeting Tuesday, January 27, 2015 • PBI Group Cast “How to Win (or Defend Against) Summary Judgment Motions in Employment Law Cases”

Marijo Murphy and Judge Rufe… buddies !

• Women Lawyers’ Division Meeting Wednesday, January 28, 2015 • PBI Group Cast “Best of the Oil & Gas Law Colloquium” theWRITS

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