Delco en banc Winter/Spring 2025

en banc

The Official Publication of the Berks County Bar Association

Delaware County Bar Association 2025 Officers

President Michael J. Davey, Esquire

President Elect

Matthew J. Bilker, Esquire

Vice President

Jennifer M. DiPillo, Esquire

Treasurer Michael H. Hill, Esquire

Recording Secretary

Amy D. Cappelli, Esquire

Corresponding Secretary

Gregory Hurchalla, Esquire

Past Presidents

Rachael L. Kemmey, Esquire

Patrick T. Daley, Esquire

Young Lawyers Section President

Vasiliki Gouliaberis, Esquire

Directors

Justin M. Bernstein, Esquire

Katayoun M. Copeland, Esquire

Andrew J. Edelberg, Esquire

Jennifer L. Galante, Esquire

Gina L. Gorbey, Esquire

Ryan R. Grace, Esquire

Gabriella H. Grosso, Esquire

Salvatore Guerriero, Esquire

Edward P. Kelly, Esquire

Michael V. Puppio, Jr., Esquire

Tyler J. Therriault, Esquire

Sandra M. Urban, Esquire

Staff

Executive Director

Rachel Prince

Deputy Director and CLE Coordinator

Nancy Ravert Ward

Legal Journal

Jacqueline Csop

Accounting

Debby Sulek

Communications & Events Specialist

Nicole D’Alonzo

Delaware County Bar Association

335 West Front Street, Media, PA 19063 (p) 610-566-6625 (f) 610-566-7952 www.delcobar.org

The opinions expressed in this material are for general information only and are not intended to provide specific legal or other advice or recommendations for any individuals. The placement of paid advertising does not imply endorsement by the Delaware County Bar Association.

All rights reserved. No portion of this publication may be reproduced electronically or in print without the express written permission of the publisher or editor.

COVER:

Past, Present And Future Of The DCBA Bench Bar Conference

Some of our most esteemed judges and lawyers participated in mock hearing this fall. Read more about it on page 11.

EDITORIAL SUBMISSIONS:

If you would like to provide editorial content for future issues of en banc please forward your story ideas to Nicole D’Alonzo, Communications Specialist & Editor – nicole@delcobar.com

Article content consideration will be given to DCBA members, sponsors and partners first, but we welcome content suggestions from the Delaware County community as well. All content placement is solely at the discretion of the Association.

APRIL (TBD)

Judicial Cocktail Party Law Day

MAY 2

JUNE 4-6

Bench Bar Conference in Dewey Beach, DE

A LETTER FROM THE EDITOR UPCOMING HOLIDAY Events Observances

As we all settle into the colder months, I take comfort in the warm reception of the summer issue of En Banc. Since its distribution, I have received a wealth of positive feedback and suggestions for new articles and features. I am excited to introduce a new column in this issue that will discuss current trends, penned by one of our best and brightest.

Over the past few months, we have had some extremely successful new events, such as the YLS Quizzo Night and the Sidebar CLE Event, both of which I have highlighted in our Event Highlights section. These gatherings have proven to be enjoyable, mentally stimulating and a valuable opportunity to foster connections within our community.

As always, I look forward to continuing this journey with you and am grateful for your continued engagement and support. I am eager to bring you more insightful content and captivating stories in the coming issues.

Our next issue will come out in July of 2025 and promises to be equally engaging. We invite all members to contribute articles, propose interviews, suggest topics, or submit column ideas for consideration. Please direct your submissions to me at nicole@delcobar.com.

Thank you kindly,

Nicole D’Alonzo Communications & Events Specialist Delaware County Bar Association

FEBRUARY 17

Day

APRIL 18

MAY 26

JUNE 19

JULY 4

FROM THE DESK OF THE

Executive Director

Entering My Third Year as Your Executive Director

As I reflect on entering my third year as Executive Director of the DCBA, I am filled with gratitude and pride. Serving this Bar Association has been an honor and a privilege, and I am incredibly fortunate to work alongside such a talented and dedicated group of members. Together, we’ve navigated challenges, celebrated successes, and continued to build a Bar Association that serves as a pillar of our legal community.

This year, I’m especially excited to share a couple of personal and professional updates with you. First, my family is growing! We are thrilled to be expecting our fourth child, a baby boy, in May. My husband and I, along with Cecilia, Francesca, and Dino, can’t wait to introduce him to you. You’ll likely see all four of our children at a Bar event or two in the coming year—my secret weapon for making you just a touch less frustrated with me as you read the next paragraph.

A Focus on Growth and Legacy

On a professional note, I want to take a moment to acknowledge something new this year when renewing your dues: the Administrative Assessment Fee. While I can proudly say that we have not raised our dues, this added fee, which is assessed to all members of the Bar Association at the same rate, has been thoughtfully implemented by the Board of Directors to ensure the continued care and maintenance of the DCBA building. Our beautiful building is an asset we can all take pride in, but like all great things, it needs a little extra love as it ages. This fee is dedicated solely to property maintenance, capital improvements, and unforeseen repairs, ensuring our building remains beautiful and functional for years to come. Let’s think of it as an investment in our shared legacy—and remember, the next time you enjoy a perfectly functioning air conditioner in

the summer, admire a freshly painted wall, or sit at a table that is no longer being held up by a stack of napkins—you can give yourself a little pat on the back because you directly contributed. Exciting news from the 2024 Annual Meeting! In November, our members approved an impactful by-law change that opens up new opportunities for engagement. Now, individuals whose primary office or residence is located in Delaware County are considered General Members and eligible to apply for leadership positions within the Bar Association. This change paves the way for even more members to play a direct role in shaping the future of the Association. If this applies to you and you’re eager to make a difference, we encourage you to seize this opportunity to get involved!

A Heartfelt Look Back: Thank You, Rachael Kemmey, Esq.

I want to take a moment to express heartfelt gratitude to Rachael Kemmey, Esq., for her remarkable leadership and unwavering dedication as the DCBA President in 2024. From the very start of her presidency—when she faced the unexpected challenge of the side of the building collapsing on a rainy Monday morning in March—Rachael led with resilience, grace, and a true passion for serving our members. Her vision and tireless efforts not only steered the Bar Association through a successful year but also strengthened our community in countless ways. Rachael, your enthusiasm and steadfast commitment have left an indelible mark on the DCBA. On behalf of us all, thank you for your outstanding service and leadership—it has been an honor to work with you and have you at the helm!

Looking Ahead: Welcome, Michael Davey, Esq.

As we turn the page to 2025, I’m excited to welcome Michael Davey, Esq., as our incoming DCBA President. Michael’s passion for the Bar Association, coupled with his thoughtful approach and innovative ideas, will undoubtedly guide us to new heights. I’m confident that under his leadership, we will continue to strengthen our Bar and provide meaningful support to our members. I look forward to working alongside Michael and am excited to see the great things he will accomplish this year.

The Year Ahead

My biggest priority as your Executive Director is the wellbeing of this Bar Association and its members. As we face rising costs and a legal journal that has not recovered since the pandemic, one of my main goals is to increase non-dues revenue by creating opportunities that not only benefit the public but also reinforce our fiscal health—without placing additional financial burdens on you, the members. I’m excited to start working on some of the innovative ideas I have that can help to achieve this, but please know, your ideas and involvement are crucial to this effort, and my door is always open—I would love to hear your suggestions for new initiatives or ways to strengthen our Bar.

Sincerely,

Rachael L. Kemmey, Esq.

As we step into another year together, I want to thank each of you for your unwavering support and dedication. It is truly a pleasure to serve as your Executive Director, and I look forward to what we will accomplish together in the coming year.

Here’s to another great year for the DCBA!

Rachel Prince Executive Director

President’s Message

As I write my last President’s Message, I am filled with gratitude and humility. Serving as President of the Bar Association this past year has truly been one of the greatest honors of my career, and it is because of each of you that this experience was so rewarding.

First and foremost, I want to thank my fellow board members, especially the executive board. Your commitment, expertise, and passion were a constant source of inspiration to me. The collaborative spirit and dedication you all bring to the table is something I will always cherish. It is so enjoyable to work alongside individuals you also consider friends.

To our members – thank you for your trust and support. It has been a privilege. Whether through your participation in events, your contributions to ongoing initiatives, or the invaluable feedback you’ve provided, each of you has played a role in making this year a success. Your engagement and enthusiasm have shown me, time and again, what makes this Association so special and worthwhile.

And, of course, a very special thanks goes to our amazing staff under the leadership of Rachel Prince. You are all the backbone of this organization, and your tireless work behind the scenes has made so much possible. From event coordination to administrative support, you ensure that everything runs smoothly and efficiently. Your professionalism and dedication do not go unnoticed. I am deeply appreciative of your efforts.

I aimed for this year to center around strengthening our membership and I am so pleased that our efforts paid off. To all of the members who joined over the past year, welcome! We are thrilled that you joined us, and I look forward to working alongside you next year and watching many of you assume leadership positions in the coming years.

To our current members, especially those who have spent years dedicating their time to this Association, your encouragement and your wisdom make all the difference. It is a huge benefit that anyone in a leadership role here can reach out to someone who once held the same position, whether for insight or simply for reassurance, and be welcomed with such guidance. I know I benefitted from that immensely.

While we excite in our new membership, we also need to recognize and remember our members who passed away this year, members who will remain in our hearts and who we will always miss. Let’s make sure to honor their contributions for years to come.

Overall, I am proud of what we accomplished together this year, and I hope everyone enjoyed themselves as much as I did. I wish Michael Davey great success in his year ahead and I know he will guide the Association with integrity, as he does in all things. Thank you once again, from the bottom of my heart. It was such a treasured experience.

Rachael L. Kemmey, Esquire, President

President's Message INCOMING

It is with the deepest gratitude that I take over the helm as the 90th President of the Delaware County Bar Association. I am humbled by the trust and confidence my colleagues have bestowed by allowing me this honor. I am also cognizant of the accomplishments and contributions of all the individuals who have held this office before me.

A year is a very short time. In the ancient Roman Republic, consuls were elected to one-year terms partly on the theory that their time in office would be too short to allow them to accomplish anything too grandiose and outstrip the reputations of their predecessors and successors. It was also thought to be too short a time to allow any one man to personally dominate or destroy the state. So, in essence, a year was deemed enough time to do a little, but not enough to do a lot.

Given the rapid pace of the calendar, my intent over the next year, in conjunction with our Executive Director, Board of Directors, and Association staff, is to accomplish as much as we can, and hopefully leave the Association a little better than it is today. One of the broader goals, for example, is to find new and creative ways that we can increase non-dues revenue, so that we can ensure the fiscal stability and solvency of our Association for years to come.

Related to that goal of income generation comes the need to create a forward-looking plan for the upkeep and renovation to our Bar Building. My intent is to create a new Capital Improvement Committee comprised of the sitting President, the Immediate Past-President, and members of the Executive Committee and the Board of Directors, whose task will be to work with the Executive Director and prepare a plan to identify potential repairs, maintenance, or improvements to the Bar Building, that can be foreseeably scheduled and budgeted for going forward.

From a larger perspective, I will not shy away from new or creative approaches to the more traditional activities and operations of the Bar Association. History and tradition have served as more than just a framework of our Association; they are embedded in its soul. But history and tradition can be slippery sirens. Focus on them too intently, steer your ship into their midst without concern for where you’re heading, and you can beach your vessel on the shoals of stagnation. History and tradition—while plainly important—are better used as stars by which to aid navigation, helping you to get to different shores. To that end, while we will continue to honor our Bar Association traditions, we will not be bound by them. One example of this will be our Bench Bar Conference. This year, we will be at a brand-new location—Dewey Beach, Delaware—and with a “new venue” comes “new rules.” The Bench Bar Conference in 2025 will thus look different than past conferences, not only in terms of geography, but in terms of program schedule, CLEs, and events. We are excited about these changes, and seek to deliver a revitalized Conference experience for our members that emphasizes conviviality and collegiality in a dynamic, new setting.

Beyond those operational objectives, we will also pursue ways we can improve the practice of law in Delaware County. I will task our Civil Rules Committee to engage in a comprehensive review of the Delaware County Local Rules and prepare a list of proposed amendments or revisions for submission to the President Judge and Board of Judges for their review and hopeful adoption. I will explore with the President Judge and the Judges of the Civil Division any potential ways to make the process of resolving discovery disputes more efficient. And I will ask the President Judge to allow an examination into how we can streamline the current landlord/tenant appeals process from the Magisterial District Courts.

While pursing those goals, we must not only look inward, but out to the larger Delaware County community, as well. To that end, I will be asking all our members to donate a little of their time and expertise to participate in events organized by our Community Outreach Committee and the Judicial Outreach Committee. The purpose of those Committees is to make the inner workings of the judicial system we all take for granted on a day-to-day basis more accessible and understandable to the public at large. It is important that our membership support those efforts; because as lawyers and judges we operate within that system, it is easy for us to forget that the members of our community are those most directly affected by that system. It is human nature for people to fear or distrust that which they do not understand; as such, it becomes imperative for our Association—especially in today’s politically-polarized environment—to foster knowledge of the rule of law in our community, so we can ensure that people’s respect and opinion of the judiciary remains high.

Admittedly, these are lofty goals. Some may say too lofty. Perhaps. But that doesn’t mean we’re not going to try. Even if we are not successful in accomplishing everything I’ve mentioned, the simple act of putting something into motion— like the toppling of a domino—can itself be the first step on the path to success.

Michael J. Davey, Esquire

INITIAL CONSULT

Get to know a little more about our recently retired judges, both of whom are staying on as senior judges.

Hon. Spiros E. Angelos

What is your favorite hobby outside of work?

Playing my guitars and driving my Corvettes.

If you could have dinner with 3 fictional characters, who would you invite?

Sherlock Holmes, Superman, and Charles Foster Kane of Citizen Kane.

Hon. Barry C. Dozor

What is your most memorable moment on the bench?

In two different First Degree Murder Jury Trials in our magnificent courtroom 1, after weeks of drilling testimony with each trial, I anticipated the jury verdict would be a death sentence. After privately and nervously practicing how to deliver a death sentence, I was surprised to hear the Jury Foreperson deliver a Life Without Parole sentence.

What is the best piece of advice you’ve ever received?

The best piece of advice that I’ve received is that your mind is like a parachute; if it remains open, it functions better.

What is your favorite quote or saying that resonates with you?

“Service to people is the rent you pay for your room on Earth.” –Muhammad Ali

What is one book or movie that has greatly influenced your life and why?

To Kill a Mockingbird. Gregory Peck as Atticus Finch inspired me to be an attorney.

What has been your most rewarding professional experience so far?

My most rewarding professional experience has been my 26 years practicing law, followed by 24 years presiding in the Criminal, Family, and Civil sections of our court, serving our community, profession, and Delco residents.

Have you ever had a funny or awkward encounter with a celebrity or public figure?

Before my hairline disappeared, strangers would often mistake me for Art Garfunkel or John

If you were to pursue a different career path outside of law, what would it be?

Playing music in my rock band.

McEnroe. I have even been asked for a photo!

What is the strangest or funniest work-related incident you’ve witnessed?

While on the Bench presiding over a trial and taking notes of testimony, unbeknownst to me, my liquid gel pen drained, spilled, and stained my fingers, palms, and shirt cuffs, and smeared all over my face, cheeks and nose. The trial counsel meekly suggested a recess and diplomatically suggested I visit the restroom to wash the ink off my face.

New

Members

GENERAL

• John J. Baldini, Esquire (returning)

• Colin Bradley Borneman of Kellar, Lisgar, Williams, LLP

• Gabrielle Alexis Bruno, Esquire

• Christopher J. DiRosato, Esquire, of Marcus & Hoffman, P.C.

• Ryan P. Fitzgerald, Esquire, of Marcus & Hoffman, P.C.

• Victoria Ann Geddis, Esquire

• Alyssa M. LaMonaca, Esquire, of LaMonaca Law

• Kathleen Magee, Esquire, of the Office of the District Attorney

• Samantha Louise Newell, Esquire, of Sereni Law Group

• Megan Rafter, Esquire, of the Office of the District Attorney

• Leon Scoratow, Esquire, of Legal Aid of Southeastern PA

• Dominick N. Spigarelli, II, Esquire, of the Law Offices of Dominick N. Spigarelli, II

• Timothy P. Walsh, Esquire

ASSOCIATES

• David Bigelow, Esquire, of McCann Dillon Jaffe & Lamb

• Briana Sheree Bryant, Esquire, of Kilkenny Law

• Daniel F. Madonna, Esquire

• Daniel Newcomb Purtell, Esquire, of McEldrew Purtell

• Leanne M. Schenck, Esquire, of Heckscher, Teillon, Terrill & Sager, P.C.

• Michael Walker, Esquire, of The Walker Firm

• Leo T. White, Esquire, of the Law Offices of Leo T. White, LLC

LAW STUDENTS

• Yasir Almalki

• Maximilian Barth

• Cindy Earl

• Alexander Eckhardt

• Gabriel Gelke

• Heather Roach

Announcing

Legal Aid of Southeastern PA’s New Delco Pro Bono Coordinator

CHESTER City – Cassidy Heiserman, Legal Aid of Southeastern PA Staff Attorney, is Delaware County Pro Bono Coordinator. She is based in LASP’s Chester City, Delaware County office.

Cassidy stepped into the role as Delco pro bono coordinator in January following the retirement of Thomas Kerstan in December 2023.

She joined LASP in March 2023 and focuses her practice on custody matters and landlord-tenant cases.

“I am enjoying becoming more involved with the Delaware County Bar Association and working closely with private attorneys, so that together, we can assist as many individuals as possible,” she said.

Cassidy can be reached at 610-230-6074 or cheiserman@lasp.org.

In Memoriam

ROBERT P. ANDERMAN, ESQUIRE

April 30, 1938 - October 20, 2024

Bob treasured his family and took enormous pride in his career. He was well-respected in both the community in which he lived and the community in which he worked. A life marked by dedication and service, Bob served in the United States Army, taught history at Haverford Junior High School and practiced law for over 50 years. He served as Law Clerk to the Honorable Howard F. Reed, was President of the Young Lawyers Section, and was a member of the DCBA Board.

RONALD DAVID ASHBY, ESQUIRE

Nov 16, 1946Oct 25, 2024

Ron dedicated his life to helping others. He made an impact on hundreds of clients during his 40 plus years in practice and was an involved member of his community. Ron coached St. Luke’s basketball team, manned the hot dog stand during the annual Greek Affair, and volunteered to help assist aspiring students including working with mock trial programs. Despite his busy career, he made sure to always make time for family. Throughout his life, Ron captured his zest for life through his photography.

WILLIAM GALVIN HALLIGAN, ESQUIRE

Sept. 25, 1944Nov. 9, 2024

Bill began his career as a Biology teacher at Monsignor continued on next page

Bonner in 1966. In 1972, he earned his law degree, joined the Delaware County Bar Association, and formed a partnership with fellow Temple grad and DCBA member Howard Farber. Bill was always very active in the DCBA, serving on multiple committees with his favorite being the annual Bench Bar Conference. Bill worked as the Honorable Francis J. Catania’s law clerk for 17 years and ultimately held the position of clerk to ten subsequent President Judges for over fifty years until he retired from the position in 2023. In 1998 he established the Law Firm of Halligan Keaton, with his daughter, Selaine.

After Bill’s retirement from the Courthouse in 2023, here’s how Bill explained his ‘purpose’ in his career: “You can only imagine what an incredible and exhilarating experience it was to practice law in the office, seeing clients, filing pleadings; all the things we as lawyers do and then to go over to the

Courthouse, into Chambers, and deal with the pleadings of other attorneys and view those other pleadings through the judicial lens – which, or course, helped immeasurably with our office practice as an attorney. I consider that in my capacity as an attorney, and contemporaneously as a judicial assistant, truly one of the most rewarding and fulfilling accomplishments an attorney could ever experience.”

JOHN CHURCHMAN SMITH, ESQUIRE

May 16, 1931-December 7, 2024

John passed away at the age of 93, survived by his wife of 64 years, Louise, and sons. He was admitted to the PA Bar Association in 1962 and admitted to the Delaware County Bar that same year. John served as the DCBA’s President in 1985. He retired at the age of 87 but remained an active member in many of the DCBA’s committees.

GAIL M. WHITAKER, ESQUIRE

August 23, 1943-December 5, 2024

Gale earned her law degree from the University of Oregon in 1975 and became the first black woman to open a law practice in Delaware County, where she served for nearly 50 years. Gail joined the Delaware County Bar Association that same year. She was on the DCBA Board of Directors and served as President in 2003. Earlier this year, the DCBA presented Gail with the Frank T. Hazel Hall of Fame Award for her years of service and activism. For more about Gail’s lifelong achievements, please see page 9.

Michael G. DeFino

September 1, 1945 – January 9, 2025

Michael was a member of the DCBA since 1981 and served as co-chair of its Memorial Service Committee for many years. Mike was a long-time member of the Widener University Board of Trustees Executive Committee and was the chairman of the Widener University Law School Board of Overseers (now Board of Advisors). He also served as Chairman for the Delaware County Board of View.

AND THE AWARD GOES TO…. Gail Whitaker

The Honorable Frank T. Hazel Hall of Fame Award is presented annually at the Delaware County Bench Bar Conference to a member of the Delaware County Bar Association who fosters camaraderie, goodwill, volunteerism, team play, selflessness, enthusiasm and sportsmanship in the legal field and who most closely exemplifies the Honorable Frank T. Hazel, a great friend and tireless supporter of the Bar Association. The recipient should reflect these qualities as well as Judge Hazel’s respect for the law and his unbridled caring for colleagues and friends.

This year’s award winner was Gail Whitaker. The Honorable George Pagano presented the following remarks on behalf of the DCBA Bench Bar Conference Committee at the DCBA annual meeting in November.

Gail was born in 1943 to Bill and Marie Whitaker. She is one of three children: Bill Jr., Gail, and Anita. Gail is a 1961graduate from what was then Media High School.

Her mother, Marie, was a trailblazer in Delaware County, co-founding Media Fellowship House, which is based on the principles of unity and inclusiveness, challenging racial inequality. That organization continues to flourish to this day and is a testament to Gail’s upbringing.

Gail followed in her mother’s footsteps, often turning a footpath into a trail, paving the way for women and minorities. Her commitment to community service dates back to when she was in high school. In 1961 she gave up her Christmas vacation in order to work towards fund raising for the School for Crippled Children in Delaware County. In her senior year she was a member of the debate team of the Media Youth Council of the NAACP.

After graduation, she attended Penn State University, studying sociology. She had plans to become a social worker. She went on to the University of Oregon, graduating from Law School in 1975, fostering her lifelong

commitment to the Ducks.

She served as a Girl Scout Counselor while in college at Camp Hidden Falls in the Poconos.

Upon graduation from college, Gail volunteered for VISTA (Americorps of VISTA) in Texas in the ’60s as a community organizer and health and welfare advocate.

She worked with the Chester Community Health Corporation back in the 1970s, advocating for the health needs of Delaware County residents. Gail’s commitment to the health and welfare of her local community has continued to this day with her service on the Crozer Hospital Board of Directors. She also served on Delaware County Mental Health and Retardation Board.

Gail was admitted to the PA Bar Association on December 5, 1975 and admitted to Delaware County Bar that same year. Her service to the Bar Association led her to become a member of the DCBA Board of Directors and then ultimately President of the DCBA in 2003. She was the third female President, and first and only Black President of the DCBA. This was the same year in which Philadelphia had its first Black female President as well. Given the size and breadth of the Philadelphia Bar Association (whose membership is ten times that of the DCBA), it is a testament to the respect the Association members have for Gail, that she paved that path for women and minorities through her ascension to the position.

During her tenure as President, her signature work was her shepherding of the construction of our Bar Building renovations, along with Betty Price and Mike Sweeney, a Herculean task.

She also, along with Betty Price, helped negotiate the labor and personnel contracts for Legal Aid, which ultimately merged, due to federal and state funding, with the 4 County LASP. Her skills with union negotiation, coupled with her sense

of fairness as well as fiscal responsibility, led all who were involved in those lengthy negotiations to recognize her as a tough and formidable opponent.

As Bar Association President she also helped spearhead the original project to preserve the Slave Docket that the Bar Association holds in trust for the people of Delaware County. The DCBA is one of the only Bar Associations in the country who holds such a significant piece of history.

Drawing on her upbringing of justice and equality for all, Gail has always been a strong proponent of civility in the practice of law and towards her fellow Bar Association members. In her nearly 50 years of practice as an attorney (okay, 49!) she has definitely modeled the camaraderie, goodwill, volunteerism, team play, selflessness, enthusiasm and sportsmanship in the legal field that we expect from a recipient of the Hazel Hall of Fame award and is a very deserving candidate.

Unfortunately, Gail was unable to be with us personally when we announced that she was the awardee at our Annual Meeting in November. However, she sent along her gracious remarks, which were read by the Honorable Deborah Krull. Gail expressed her pride and honor upon learning that she was the recipient of an award named after Judge Hazel, who always fostered good will, camaraderie, and volunteerism in his career as a lawyer and judge. She indicated her desire to be present in person to accept the award and that she plans to thank everyone in person soon.

Judge Pagano and Judge Krull, along with Colleen Neary, Esquire, were able to present the award, which is a personalized Louisville Slugger baseball bat and case, to Gail. She was pleased to receive the award and some of her closest family members were in attendance and able to share in the honor that was bestowed upon Gail. Gail passed away a few weeks later, on December 5, 2024.

EVENT Highlights

EVENT Highlights

EVENT Highlights

EVENT Highlights

EVENT Highlights

Important Legal Milestones Ahead ATTENTION PARENTS OF HIGH SCHOOL SENIORS:

By Laurie A. McCarthy, Esquire, of DiOrio & Sereni, LLP

While you are busy enjoying the milestones of senior year and helping your child figure out what comes next, whether that is college, trade school, a job or a gap year, you should consider having your 18-year-old child sign a medical power of attorney.

When your child turns 18, even though you may still think of them as a child (and they likely still act like one), under the law they are now an adult. As an adult your child is now allowed to vote, serve in the miliary, serve on a jury, sign a contract, and even get married. The sudden change overnight from child to adult also comes with some other issues that are not often discussed.

When your child turns 18, your legal right to access their protected records – medical, financial, and academic – comes to an abrupt halt. You no longer have the authority to make health care decisions for your child even if they are on your health insurance and you pay the bill. If your child has an accident or illness and is temporarily disabled, you may need court approval to act on their behalf or even to get information about their medical status.

A medical power of attorney authorizes an agent, typically a parent, to make medical decisions on their adult child’s behalf and gives the agent access to medical records. The power of attorney may be effective from the moment your child signs it or you can specify that it be activated by a specific event – for instance, if your child becomes incapacitated or incompetent and cannot make healthcare decisions for themselves.

While preparing for the next chapter, don’t forget the legal implications of your child becoming an adult. Protect your child in the case of an emergency with a medical power of attorney.

Why Do Group Health Insurance Rates Rise Year After Year

AND WHAT CAN YOU DO ABOUT IT?

By Christopher Sloane, My Benefit Advisor

Increasing medical costs are the primary cause of rising rates. According to Reuters, U.S. employers can expect rates to rise an average of 5.8% in 2025. * These increases are caused by many factors, including rising medical and drug costs, claims experience, and an aging workforce.

My Benefit Advisor (MBA) is dedicated to helping employers with planning, communicating, and managing employee benefits programs that fit the needs of their employees. MBA has shared multiple solutions designed to help your business beat the rising cost of health benefits.

1. Alternative Funding Solutions: The knee-jerk reaction to rate increases is to cut benefits. That doesn’t always go over well with employees if your goal is to attract and retain good people. When rates increase, MBA offers a number of directions well worth discussing with our experts. Health Savings Accounts (HSAs), self-funding and level-funding, and group medical captive insurance are among the diverse coverage options available. Not all of these options are perfect for every business, so a discussion with your MBA representative makes sense.

2. A High-Deductible Health Plan: Of course, the most expedient way to lower rising rates is still to share more costs with employees. A high-deductible health plan (HDHP) combined with a Health Reimbursement Arrangement (HRA) is considerably less expensive than traditional group health plans. While meeting high deductibles can be more burdensome, employees may find they have greater flexibility under this type of plan. HDHP plans are subject to stricter IRS rules.

3. Medical Gap Insurance: While ACA-compliant highdeductible health plans can significantly reduce medical insurance premiums, they ultimately raise the out-of-pocket burden on employees. Low-cost medical gap insurance is offered by employers to employees and helps fill these coverage gaps with financial assistance with deductibles and coinsurance. MBA brings proven solutions, expertise, technology, and

carrier knowledge to help businesses of all sizes navigate the complexities of employee benefits. Want to learn more? Visit us at mybenefitadvisor.com or contact Christopher Sloane at christopher.sloane@mybenefitadvisor.com or (610) 684-6933.

* https://www.reuters.com/markets/us/us-employers-expect-nearly-6-spikehealth-insurance-costs-2025-mercer-says-2024-09-12/

ATTORNEY DISCIPLINARY AND ETHICS MATTERS

STATEWIDE PENNSYLVANIA MATTERS NO CHARGE FOR INITIAL CONSULTATION

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

James C. Schwartzman, Esq.

• Judge, Court of Judicial Discipline

• Former Chairman, Judicial Conduct Board of Pennsylvania

• Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania

• Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania

• Former Chairman, Supreme Court of Pennsylvania Interest on Lawyers Trust Account Board

• Former Federal Prosecutor

• Selected by his peers as one of the top 100 Super Lawyers in PA and the top 100 Super Lawyers in Philadelphia

• Named by his peers as Best Lawyers in America 2022 and 2015 Philadelphia “Lawyer of the Year” Ethics and Professional Responsibility Law and Legal Malpractice Law

1500 Market Street, East Tower, Suite 1800 • Philadelphia, PA 19102 (215) 751-2863

Delaware County Treatment Court Program:

A MODEL FOR RESTORATIVE JUSTICE AND REHABILITATION

By Linda Barbera, Coordinator/Supervisor, Adult Probation and Parole, Delaware County Treatment Court

The Delaware County Treatment Court Program was created as a life-changing initiative designed to address the needs of non-violent offenders struggling with substance use and mental health disorders. This program provides an alternative to incarceration, focusing on rehabilitation and relapse prevention, helping individuals build new foundations for their lives.

The court’s

balanced approach, incorporating structured treatment phases, incentives, and sanctions, aims to support participants as they work toward stability and long-term success.

Program Tracks and Objectives

The Delaware County Treatment Court Program offers two distinct tracks, each tailored to address different levels of offense severity among nonviolent offenders:

• Track I targets non-violent lower level offenders with substance

use or co-occurring mental health disorders. Participants tender a nolo contendere plea, which is held in abeyance, while they complete the program. This allows offenders a unique opportunity: successful completion results in charge dismissal and expungement, whereas failure to complete results in plea entry and sentencing. For eligible individuals, this track offers a pathway toward clearing their records and avoiding a criminal conviction, creating a strong

incentive to fully engage with the program.

• Track II is designed for higher level non-violent offenders facing similar challenges. These participants enter a guilty plea and receive a 30-month sentence of restrictive probation, rather than immediate incarceration. This track allows higher-level offenders to avoid prison while receiving support to prevent recidivism and address root causes of their offenses.

Both tracks offer a framework where participants engage in treatment, receive relapse prevention support, and gain access to housing, vocational training, and community support resources instead of facing incarceration. This approach allows participants to address addiction and mental health struggles while working toward community reintegration and, ultimately, a stable, law-abiding life.

Phases of Supervision: Structured and Supportive

To guide participants through recovery and accountability, the program has a phased structure ranging from the highly supervised Phase I to the more independent Phase V. Each phase sets specific requirements and goals, gradually moving individuals from intensive oversight to autonomy:

• Phase I (60 Days) – Participants undergo intensive community supervision, including frequent drug testing, weekly review sessions, and community support group involvement. The focus is on stabilizing participants and creating a strong foundation for recovery.

• Phase II (180 Days) – Supervision remains high, with drug testing, biweekly review sessions, and more comprehensive relapse prevention. During this phase, participants must seek employment or productive use of their time, such as school or volunteer work, reinforcing the importance of responsibility and community involvement.

• Phase III (300 Days) – As participants progress, supervision is gradually reduced to review sessions every three to six weeks,

while compliance with treatment and group participation remains. Emphasis is placed on building life skills and maintaining consistent employment or schooling.

• Phase IV (180 Days) and Phase V (180 Days) – These final phases continue with probation supervision, substance testing, and compliance requirements. Participants prepare for eventual program completion, having established six months of clean time, a crucial metric for program commencement.

This phased structure allows individuals to build toward independence in a supportive, accountable environment that reinforces positive behavior and long-term change.

Incentives and Sanctions: Building Accountability

A critical element of the Delaware County Treatment Court Program is its carefully balanced system of incentives and sanctions, which fosters a culture of accountability and commitment.

Incentives encourage participants to maintain momentum by rewarding positive behavior and progress. Successful completion of each phase allows individuals to enjoy reduced supervision, while the ultimate incentive—charge dismissal and expungement—offers Track I participants the prospect of a clean record. Along the way, rewards such as verbal praise, phase advancements, and public acknowledgments during review sessions can further reinforce progress and commitment.

Sanctions are applied to hold participants accountable for any program violations, which may include failing drug tests, missing required sessions, or failing to comply with supervision requirements. Potential sanctions vary but can involve returning to an earlier phase, increased testing frequency, or additional counseling. The structured application of sanctions reinforces the program’s standards and reminds participants of the consequences of non-compliance. This dual approach—providing clear rewards and consequences—serves as a powerful tool for participants, helping them stay engaged and on track.

Impact on Participants and Community

The Delaware County Treatment Court Program reflects a restorative justice model that seeks to address addiction and mental health struggles in a constructive way. By offering treatment and support, rather than prison sentences, the program gives participants a path to real, lasting change. Each individual progresses within a framework that balances support with accountability, building skills and resilience that extend beyond their time in the program.

Programs like this have shown positive outcomes in reducing recidivism, enhancing community safety, and helping individuals establish productive lives. For participants, success within the program often translates to stronger family ties, better job prospects, and improved mental and physical health. For the community, it offers a proactive way to address addiction and mental health challenges, reducing the burden on the criminal justice system and fostering safer neighborhoods.

Conclusion

The Delaware County Treatment Court Program embodies the power of a compassionate, evidence-based approach to criminal justice. By focusing on rehabilitation, it offers non-violent offenders an opportunity for recovery and reintegration, benefitting both individuals and society as a whole. Through structured phases, incentives, and sanctions, the program creates a supportive but rigorous environment that encourages participants to take ownership of their futures. This model not only supports individuals in breaking cycles of addiction and criminal behavior but also promotes a healthier, more just community.

Programs like these demonstrate that with the right support and accountability, positive change is possible—even for those facing serious challenges. The Delaware County Treatment Court Program stands as a valuable example for jurisdictions aiming to incorporate rehabilitation and restorative justice into their criminal justice systems.

HOW ONE PRIVATE INVESTIGATOR FOUND HER SPARK IN THE INDUSTRY

Ihave been asked repeatedly, why do I need a private investigator in my back pocket if I am an attorney? There is no way that crazy stuff I see on TV is real or legal or even admissible in court so what do I need you for? While most of that is true, EVERYONE needs a private investigator to turn to. BUT make sure you verify they are in fact licensed, bonded and insured.

Why do you ask? While not all investigators are created equal, you would be surprised by the services some offer. Those include service of process, notary work and paralegal work on top of what you would expect a normal investigator to do such as surveillance, Asset searches, witness statements, locating subject/witnesses/experts and much more. Unlicensed investigators can have all their work products thrown out of court.

The claim to fame I had that really broke me in the industry as a woman was finding a witness to a very, very large fire in Philadelphia that occurred in February 1991.

I believe it was 2-3 years later, a week before trial, we were tasked with finding the main witness of the fire, who was believed to be a homeless man sleeping in the vestibule of the building. We came up with the idea of going to Love Park and giving homeless people $10 to see if they could find the subject and IF he called us, we would give that person $100 and a meal with a night in a motel. Within an hour the witness called us. He was homeless, now living in Camden under a bridge but working for a company over there. Though we made one client happy, the opposing counsel was not happy and a client of mine as well. That was when I knew this was for me and went out on my own.

We have found clients millions of dollars in Asset investigations. Saved companies millions in workmen’s comp fraud surveillance. We have located vehicles to stack for subrogation for catastrophic claims, and have gently taken statements from abuse victims, all causing record-breaking wins for our clients. Recently we have been staking out hard-to-get subjects and serving them papers. Several with the help of law enforcement contact, as the subjects were evasive because they had warrants out for their arrest.

In short, don’t think private investigators can’t help you. They really can. While not all investigators are process servers, the full-service agencies are the best to have. Keep in mind Constables are NOT permitted (in Pa. at least) to serve private process as they are officers of the court. Full-service agencies, such as mine, can provide skip traces when serving comes up with a bad address. They can legally do surveillance on a subpoena for more than 1 to 2 hours. They tend to have more connections to get the job done.

Michele M. Harris-Woodrow, LPI CEO and Sole Owner of Harris Investigations, LLC

Building a TraumaInformed Legal Practice:

REAL-WORLD STRATEGIES FOR ADVOCATES

By Linda Barbera, Coordinator/Supervisor, Adult Probation and Parole, Delaware County Treatment Court

Building a trauma-informed legal practice strengthens representation for clients and provides a buffer zone for attorneys who face vicarious trauma as a regular work hazard. While my practice focuses on domestic violence, a trauma-informed approach can be adapted across practice areas. Developing trauma-informed advocacy also can benefit attorneys considering pro bono representation for legal aid clients. Especially as a legal aid lawyer, the first step is to identify what trauma is. Domestic violence can cause trauma and trauma responses for people. Even in a practice area not directly addressing domestic violence work, attorneys likely will encounter survivors of domestic violence. One in three women and one in four men have been victims. It’s prevalent, and survivors of domestic violence are three times as likely to meet the criteria for Post-Traumatic Stress Disorder (PTSD). They’re also significantly more likely to suffer from depression or major depressive disorder.

Trauma is an experience that has caused intense physical or psychological stress. Most commonly, it can be thought of as a single stressful event, a series of events, or a set of circumstances.

Trauma Response & How to Respond

Trauma response is the manifestation of trauma, or the way that it looks in day-to-day interactions with people. For example, a client who experienced flooding may respond negatively to the word “flood.” A hurricane, military service, loss of a family member, or crime are among myriad experiences that could elicit a trauma response.

Whatever the trigger, the client, meeting with the attorney, may try to say everything at once, in no chronological order, just to get it out. Often, it’s the first time discussing the traumatic experience. Trauma response might look physical, like a tic. It could be an anxiety attack. It could impact a client’s memory and limit their ability to recall details. A key role for a practicing lawyer is to get people to

recall information and be able to repeat it later, potentially in front of the court. It’s important.

When encountering a trauma response in a client meeting, if possible, do not interrupt. Acknowledge the client’s emotions. Try re-engaging the client with different questions to refocus their energy and calm them down.

If a meeting becomes untenable, it can help to ask the client to write a timeline at home.

In court, work with local advocacy groups who may have volunteers available to be present in court. If a client is going to have to testify about or against their abuser, it can be helpful to clients. More strategies are provided below.

Trauma-Informed Lawyering

Trauma-informed lawyering connects six elements: transparency, predictability, client control, reliability, proactive support, and patience. These approaches are especially pertinent in a legal aid practice or pro bono volunteer

role. Think of trauma-informed lawyering as an exercise in trust building. People who have been through traumatic experiences are going to have a hard time trusting you. And without trust in the attorneyclient relationship, you can’t adequately represent them or help them.

The most important component is client control, and it means giving people agency in the decisions related to their case and making them feel like they’re part of the process, because many legal aid clients have been oppressed by multiple systems, whether it’s the legal system or the world in general. If lawyers give them agency, we might be the first people to do so. They feel like they are part of the process when they can decide what happens, to some degree.

Trust-building is enhanced by seemingly simple approaches, like being transparent, honest, and reliable. When you say you’re going to return a phone call or make a promise, follow through.

A trauma-informed legal practice should recognize the prevalence and unique nature of trauma. It should acknowledge that people in the justice system who are coming to us for help have experienced various forms of trauma, and with knowledge that the trauma could be anything from a natural disaster, food insecurity, a lost benefit, or an eviction. Recognize the prevalence of trauma and how it is unique to each individual, and then foster an environment that centers on safety of the client, transparency, collaboration and selfawareness. Then, mirror those elements in an environment that’s non-judgmental and not re-traumatizing. A traumainformed lawyer does not ask a client, “What’s wrong with you?” You ask, “What happened to you?” That’s that nonjudgmental approach.

To quote former Philadelphia 76ers star Allen Iverson, we’re talking about practice. I think of being trauma-informed as a practice, not a theory. We all make mistakes. No one can be 100% traumainformed at all times. Much as an attorney can strive to adapt strategies to avoid triggering trauma responses, you can do everything “right” and still encounter trauma responses. Systems can’t change overnight. When adapting a litigation strategy or prepping clients, we’re going to encounter people in places that are not trauma-informed. Not every interaction with a client is going to be perfect. Be able to recognize that perhaps you, the

TIPS FOR A TRAUMA-INFORMED PRACTICE

Things to consider before first client meeting

• What does your office look like?

• What do you look like?

• Give them an idea of what they’re walking into.

• Give them choices on when to meet if you can.

Before diving into questions

• Gauge their comfort level.

• Define your role AGAIN, and keep defining it.

• Explain confidentiality AGAIN and its limits.

Continue setting boundaries. If you’re taking notes, explain why.

The interview

• Ask non-judgmental questions.

• Explain their options; don’t tell them what to do.

Try not to show reactions. Set a timeline. Do they need to give you additional information? If you’re doing something, when can they expect a response?

• Figure out goals, but be realistic.

• Check in during and at the end.

• Decompress first, before ending the interview. Never end directly after a client details a traumatic event.

Throughout representation

• Follow up even if there is no news.

• Keep your promises.

• Return correspondence promptly.

• Engage clients in the process.

• Always provide timely updates to their case.

Show them, don’t just tell them. Take the time to prepare them if there will be a hearing.

Court

Make sure the client knows what to expect.

• Explain what you can control, and what you cannot.

• If they seem extremely nervous, see if you can show them what it looks like ahead of time.

• Encourage them to bring support if they can.

• Discuss childcare options. Check in with your client and see how they are doing.

• Have a plan in case the client has a trauma response.

• Remember the elements

• Transparency, predictability, client control, reliability, proactive support, and patience.

Impact and disrupt unjust systems

• Get involved in task forces, local bar associations, etc., and recommend changes to our systems to make them more trauma-informed.

• Offer to train people if you feel comfortable.

Have open and honest conversations about trauma.

Strategies for attorneys to address vicarious trauma

Do frequent and honest check-ins on yourself and co-workers.

• Figure out what helps you decompress and do it.

• Have tools at your office that can help if you have a negative response. Setting clear boundaries doesn’t just help clients, it helps us too!

• Most of us are not social workers, counselors, etc. We can only help so much. Make appropriate referrals if you feel your client needs help. Don’t take everything on yourself. It’s okay to ask for help! Lean on your family, friends, co-workers, supervisors, etc.

attorney, are having a trauma response. A lawyer may be suffering from burnout or vicarious trauma.

Strategies for Client Meetings & Court

When meeting a client, consider the environment, including the appearance of the office and the attorney’s attire. My office decorations include some relatable items such as Harry Potter memorabilia and pictures of my cats, and sometimes I intentionally “dress down” when meeting someone for a first interview. Giving clients options for meeting times and locations can build trust and make clients feel more in control. Providing information in multiple ways, such as over the phone and in writing, can help clients feel prepared.

If you trigger a trauma response in a client, don’t panic. Just remember that there are tools and things that you can do. If I prompt a trauma response, I apologize and acknowledge the legitimacy of their trauma response by saying something like, “I completely understand why you feel that way.”

Do breathing exercises. If I can remove them from the situation, I will. Sometimes it’s not possible. Request a continuance or ask the court to pass the case for now until you can try to settle that trauma response down.

Vicarious Trauma

Always engage clients in the process. If updates can be provided in their case, do so. Don’t make decisions for them. Start preparing them for a hearing and explain what to expect. Sometimes people want follow-ups, even if there is no news.

If a trauma response occurs in a meeting with a client, you can take a break, temporarily change topics, reframe questions, and explain the reasons for asking certain questions. For example, ask if the client remembers the kids’ ages at that time, what they were wearing, what was the occasion being celebrated. Or gather the information in a different way. Give them a list of questions. Suggest they write a timeline at home, or give them a blank calendar. Ask them to look at their text messages.

While there are two schools of thought on note-taking, sometimes in a compressed timeframe, there is no other choice but to do so. If taking notes, don’t look only at your paper the whole time. Make sure you’re still engaging, looking at the person when you’re asking questions or when they’re talking. And let them know that those notes are confidential too. Many clients do not know that.

Always engage clients in the process. If updates can be provided in their case, do so. Don’t make decisions for them. Start preparing them for a hearing and explain what to expect. Sometimes people want follow-ups, even if there is no news.

In court with a client who’s experiencing or has experienced trauma, hopefully you’ve already explained what the court looks like and what to expect. Be honest about the things you can and cannot control. Parts of the court experience are triggering and not trauma-informed. Have a backup plan in case your client has a trauma response. If a friend, family member or community volunteer is available to sit with them, it can be helpful. If the client is extremely nervous and time permits, bring them to the courtroom ahead of time and show them where they’re going to be sitting, so that they have an idea in advance about the size of the courtroom. Sometimes courtrooms are surprisingly small. Check in with your client throughout the day and see how they’re doing. Court can take a long time, and the longer people wait, the more likely it can trigger a trauma response.

If a client has a panic attack in the courtroom, try to ground them. Have them name five things they can see, smell or touch.

Hearing about traumatic experiences all day can be traumatic to us as attorneys. Vicarious, or secondary, trauma is also known as burnout. Attorneys must develop practical strategies to address vicarious trauma and burnout to protect ourselves, keep ourselves safe, and be able to continue to do the good work that we do. If you have a negative response, have tools to decompress and refocus. Take a 10-minute break and take a walk, get coffee, do a crossword puzzle. Regular check-ins with co-workers can help. Set clear boundaries with clients and don’t take on roles that are beyond the attorney’s scope. Most of us are not social workers or counselors, and we should not try to fill all the roles. Utilize support networks within the legal community.

Attorneys also can proactively seek opportunities to change oppressive and unjust systems. Get involved in task forces, make recommendations, be part of local bar associations and committees within the bar. If you feel comfortable doing so, have open and honest conversations with fellow lawyers and judges and share how policies are affecting clients.

Resources

• Katz, Sarah and Haldar, Deeya, The Pedagogy of TraumaInformed Lawyering (April 21, 2016). 22 Clinical L. Rev. 359 (2016), Temple University Legal Studies Research Paper No. 2016-29, Available at SSRN: https://ssrn.com/ abstract=2768218https://www.law.nyu.edu/sites/default/ files/upload_documents/Katz

• Establishing a Trauma-Informed Lawyer-Client Relationship (Oct. 1, 2014), American Bar Association:

• https://www.americanbar.org/groups/public_interest/ child_law/resources/child_law_practiceonline/child_law_ practice/vol-33/october-2014/establishing-a-traumainformed-lawyer-client-relationship/

• Lawyers Concerned for Lawyers (confidential hotline for Pennsylvania lawyers, judges, their family members, and law students): 888-999-1941 or https://www.lclpa.org

• Domestic Abuse Project of Delaware County: dapdc.org/

• Delaware County Victim Assistance Center: https://www. delcovictimassistance.org/

Kimberly Hollenback joined Legal Aid of Southeastern PA in August 2018 and become Managing Attorney in April 2022. She is based in LASP’s Media Office and can be reached at khollenback@lasp.org. To learn more about pro bono volunteer opportunities to help lowincome neighbors in Delaware County, contact Cassidy Heiserman, LASP Staff Attorney & Delaware County Pro Bono Coordinator, at cheiserman@lasp.org.

That Has A Good “Ring” To It:

WHAT HAPPENS TO THE RING WHEN THE ENGAGEMENT IS BROKEN?

By Robert B. George, Esquire, of DiOrio & Sereni, LLP

Dating back to ancient times, it has been a tradition for men to give their intended bride an engagement ring when they propose. But not every engagement ends in a marriage, as it has been estimated the almost ¼ of engagements are called off every year across the United States. The question then becomes – who gets to keep the ring?

Some countries, such as England, consider engagement rings to be an “absolute gift,” as a result of which there is no requirement that the recipient return it to the person who gifted it to them. Rather, the recipient is free to keep the ring and cannot be sued by his or her ex-fiancé for its return. The results are very different in the U.S., specifically in Pennsylvania.

While there are some states that look to which party was at fault for the break-up, Pennsylvania Courts do not take fault into consideration at all. Rather, in Pennsylvania, an engagement ring is considered and treated as what is known as a “conditional gift.” This means that until a future event occurs – that being the marriage contemplated by the underlying engagement, the gift is not complete, and if the future event (marriage) does not occur, then the donor has the right to get the gift back. In this situation, the donor gives the engagement ring to the donee on the condition that she marry him. If

the engagement is broken, and the marriage therefore not consummated, the gift is not considered to be complete and the ring should be returned to the donor, unless the parties have reached an alternative agreement and/or arrangement between them.

The condition of the gift does not have to be explicit. Pennsylvania Courts have held that the gift of an engagement ring contains the implied condition of marriage. There have been situations in which women have attempted to keep their engagement rings by arguing that the condition needed to make the engagement ring gift final is the acceptance of the marriage proposal. However, Pennsylvania Courts have explicitly held that mere acceptance of the marriage proposal is not the implied condition for the engagement ring gift. Pennsylvania Courts, however, have adopted a strict no-fault principle to engagement rings. The donor of the gift is entitled to the return of the engagement ring even if he is the one who broke the engagement, and the reasons for the breaking of the engagement do not matter. This strict no-fault principle means that the donor is entitled to the return of the ring regardless of his reasons for breaking off the engagement, even if those reasons are deemed and/ or found to be offensive. This principle is also consistent with Pennsylvania’s adoption of no-fault divorces, where

marriages can end without court battles over who is at fault.

While engagement rings are usually considered conditional gifts in Pennsylvania, it is possible for a conditional gift to transform into an absolute one. In that case, the fact that the marriage did not occur has no bearing on who keeps the ring. For example, if the giver of the ring specifically tells the recipient they can keep it after the engagement ends, the ring may be considered as an “absolute gift,” similar to the situation one might find in England, as noted above. In this case, the recipient would be entitled to keep the ring.

There are other factors that may need to be taken into consideration as a result of which the general rule under Pennsylvania law may not apply, such as the case in which both parties contributed toward the purchase of the ring. In such a case, each would arguably have a claim for and entitled to be reimbursed for the money he/she contributed, in which case the ring may have to be sold in order to make both of the parties’ whole.

Should you find yourself confronted with this or similar legal issues, it is important that you consult with an Attorney who has experience with such matters in order to know your rights and responsibilities.

The Importance of Law Firms Protecting Their Intellectual Property

By Salvatore Guerriero of Guerriero IP

Intellectual property (IP) has never been more important, with businesses’ market value being driven by intangible assets like their reputation and innovation. According to the World Intellectual Property Organization, IP is the most valuable asset class on the planet.1 In a 2020 market value study, Ocean Tomo, a leading financial advisory firm, claims

that the S&P 500’s intangible asset base accounts for an astounding 90% of the total value of the index, up by 58% since 1985.2

Despite its importance, many businesses do not manage their IP as thoughtfully as they should. In fact, some do not even realize that they have IP. And even if they think about their IP, they do so only when a problem arises.

For example, a business that launches a new product or service is sued for infringement, because no one thought to check the marketplace for other businesses’ IP.

Protect Your Trademarks

Believe it or not, every law firm has a trademark, and it can be its most valuable asset. Kantar, a marketing data

and analytics firm, estimates that Apple’s name and brand is worth more than $1 trillion, representing about a third of the company’s market value.3 A law firm’s most important trademark is its name. But it can also have other trademarks, such as logos, slogans or taglines. An easy way to think of a trademark is anything that acts as a source identifier.4 Again taking Apple as an example, it has, among others, the “Apple” brand name, its logo comprising a design of an apple with a bite removed, and the slogan “Think different” as its federally registered trademarks.5

In the United States, trademark rights arise from use, not registration. A trademark owner has rights if it uses a distinctive designation in commerce. It can have common law rights in its trademark without a state or federal trademark registration, based on which it can enforce its rights. And a trademark owner maintains rights in its trademark as long as it is using it in commerce to designate the source of a product or service.

So why bother protecting a trademark with a federal registration6? First, federal registration is the cornerstone of any proper protection program of trademark rights, both defensively and offensively. Without it, a latecomer user may obtain federal registration of the same or a confusingly similar trademark, blocking both the expansion of the trademark owner’s use and its later attempt to register. With it, the United States Patent and Trademark Office (USPTO) will reject an application by a latecomer to register the same or a confusingly similar mark, and the rights of the registration’s owner will always be superior to those of a latecomer. Second, a federal registration gives rise to several important statutory attributes that unregistered marks lack. A federal trademark registration establishes federal jurisdiction in a trademark infringement action and can be the basis for standing and damages. A principal register trademark registration constitutes constructive notice of a registrant’s ownership of the trademark. It also is prima facie evidence of: (1) the validity of the registered mark; (2) the owner’s ownership of the mark; and (3) the owner’s right to use the mark in

interstate commerce to the exclusion of others.

Thus, as the U.S. Supreme Court has recognized, “[f]ederal registration... confers important legal rights and benefits on trademark owners who register their marks.”7 Many law firms already have taken heed. A search of the USPTO trademark database reveals more than 17,000 pending live applications and registrations of trademarks for “legal services.” They include those that many of us likely have encountered while driving on I-95.8

Confirm that the Mark is Available for Use

Businesses must be careful when choosing a trademark to avoid getting sued for trademark infringement. The test for trademark infringement is whether consumers are likely to be confused as to the source of a product or service based on a defendant’s use. No one wants to invest resources in the operation and marketing of a business, only to have to change its name and lose valuable goodwill, and maybe even pay damages or disgorge its profits. Unfortunately, law firms are not immune to trademark disputes over the use of their names and taglines. For example, some may remember the contentious, years-long legal battle between Philadelphia law firms Larry Pitt & Associates (Pitt) and Lundy Law LLP (Lundy), which was set off when Lundy – which advertises and uses the slogan REMEMBER THIS NAME –sued Pitt for trademark infringement in 2013 over Pitt’s use of the slogan REMEMBER THIS NUMBER. Other examples include: THE EMPLOYMENT LAW GROUP of Washington, D.C., charged a San Diego attorney with infringement of his use of the name SAN DIEGO EMPLOYMENT LAW GROUP; an Arizona-based legal trade association, which claimed trademark rights in the name LAW TIGERS, sued an Illinois law firm that was using the name TIGER LAW; a law firm doing business as THRIVE IP sued another firm operating under the name THRIVE LAW; and a Florida attorney that used the slogan EVER ARGUED WITH A WOMAN? charged a Texas law firm with trademark infringement for using EVER ARGUE

WITH A WOMAN? With proper advice before adoption, risks over disputes over law firm names, brands, and taglines can be mitigated.

Typically, law firms value their businesses by the amount of their billing and their client lists. But like any other business, their IP should also be considered. Assets such as their names, brands, and taglines add and contribute value. Reputation and goodwill play a significant role in attracting clients and building continuing, beneficial relationships. A trademark represents that reputation and goodwill. Potential investors or acquirers also want to know IP assets are secure. The best way for a firm to establish the full value of these assets is to take comprehensive steps to protect them.

1 https://www.wipo.int/wipo_ magazine/en/2016/01/article_0002. html#:~:text=Intellectual%20Property%20 (IP)%20is%20now,policies%20and%20 international%20trading%20standards.

2 https://oceantomo.com/intangible-assetmarket-value-study/

3 https://www.kantar.com/inspiration/brands/ revealed-the-worlds-most-valuable-brandsof-2024

4 The Federal Trademark Act, or the Lanham Act, defines a “trademark” as “any word, name, symbol, or device, or any combination thereof used . . . to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods.” 15 U.S.C. § 1127. A “service mark,” on the other hand, “identif[ies] and distinguish[es] the services of one person, including a unique service, from the services of others and to indicate the source of the services.” Id. Although technically distinct, the terms are often used interchangeably,

5 U.S. Trademark Registration Nos. 1078312, 1114431, and 2707257.

6 While a state trademark registration may suffice if business only offers its services in intrastate commerce, most businesses’ activities implicate interstate commerce. Thus, securing a federal registration is the best approach.

7 Matal v. Tam, 582 U.S. 218, 226 (2017) (internal quotations and citation omitted).

8 E.g., U.S. Trademark Registration Nos. 3374715 (MORGAN & MORGAN); 5827677 (THERE’S ONLY ONE MORGAN & MORGAN); 6748438 (SIZE MATTERS).

en banc CONTENT

Crossword Puzzle

All answers can be found within the content of this issue.

ACROSS

[3] Legally registered brand

[5] Quickest way to lower medical insurance rates (abbr.)

[8] Formal agreement, usually for marriage

[13] First E. Wallace Chadwick award winner

[14] President's Special Recognition Award winners' law firm (2 words)

[15] Judge Angelos inspirational fictional attorney

[17] Hearing Officer Quizzo Master

[19] Collecting electronically stored information

[21] Hall of Fame Award winner

[22] Popular Brazilian cocktail

[23] Intense physical or psychological stress

DOWN

[1] Legal authority to make decisions for another (abbr.)

[2] Judge Dozor's doppelganger

[4] Monitoring done by private investigator

[6] 2025 Bench Bar Conference locale (2 words)

[7] Law Day month

[9] Member Appreciation Week ice cream truck sponsor

[10] Family Law Section Auction theme

[11] Significant event or checkpoint

[12] DCBA's mini Bench Bar event

[16] Treatment court program alternative

[18] Sidebar raffle winner

[20] LASP's new Pro Bono Coordinator

See page 36 for answers.

Alcoholic Beverage Trends For 2024 And 2025

By “He Who Knows”

Most of us (“us” being people who pour their souls into their work) enjoy a nice libation from time to time. It satisfies our craving for something that tastes good and relaxes us at the same time. This article will explore present and future Drink Trends.

BEER

The USA is the center of the craft beer explosion; enjoy all it has to offer in the coming year!

We have come a long way since the days of 9 or 10 choices of beer, 9 or 10 varieties of wine, common liquors and the usual cocktails. Today we’ve experienced the advent of craft beers, over 10,000 grape varietals (grape varietals are grapes used to make wine), an explosion of whiskeys, and many choices of cocktails, both crafted by bartenders and RTD (Ready to Drink).

In 1996 craft breweries like Iron Hill Brewery & Restaurant started cropping up around

the United States, causing a newfound interest in beer and an increase in choices and flavors of beer. These breweries were a significant undertaking which eventually paved the way for the smaller craft breweries we see today. Who knew that customers would be willing to pay up to $10 and higher for a can/bottle of beer as opposed to the 24 cents they had been paying. This caused the larger existing breweries to up their game.

Pennsylvania is the home of the Yuengling Brewery, the oldest operating brewing company in the United States. D.G. Yuengling & Son was established in 1829. By 2018, what was once a “local”

brewery was the largest craft brewery by volume of sales in the United States.

Almost everywhere you turn you will find another craft brewery. New blends, new flavors and new types of beers: Stouts, Pilsners, Pale Ales, Lagers, IPAs, Porters, Sours, Ambers, Wheats and the list goes on and on. Companies have gotten creative, ie. Yuengling collaborated with Hershey (Chocolate Co.) and created a chocolate flavored beer. Today you can buy beers of almost any flavor.

The beer market has plateaued and in fact there has been a decline in production. Almost as many breweries that are opening are also closing. Independent brewers sell more than one out of every eight beers in the United States and account for one out of every four dollars spent on beer (BrewersAssociation.org). But don’t despair, there is still a lot of excitement and innovation taking place in the beer market.

In 2024 breweries have been concentrating on the taproom experience. They brought in food trucks and had games like Cornhole, darts, and mini golf to entertain their patrons. They will continue to work on the social experience that they can provide while those patrons are enjoying their products. Look for more interactions like DJs, Bands, Bingo, Trivia, food pairings; and who knows what else.

Some things we may see this winter and in 2025:

• Beer Poking, called “Bierstacheln,” which involves plunging a red hot poker into a glass of beer for about 5 seconds, warming it, caramelizing the malt sugars and creating a creamy mouthfeel of toasty flavors. This warm, smoky, caramelized malt forward beer is sometimes compared to s’mores. Apropo for cooler weather, this practice has been taking place in some of the cooler climate regions of the United States. Look for it in your area this Winter.

• Adoption of German customs like the “Kolsch pour over.” The waiter automatically refills the empty glass and marks the coaster (which is under the glass) until the patron puts the coaster on top of the empty glass.

• “Czech Pours” – A foam topping of various sizes which protects the beer from becoming oxidized with the goal that you finish your beer while it is fresh before the foam disappears.

• Barrel Aging has become very popular. Beer is aged in a (ie. bourbon) barrel which imparts a pleasing flavor. Look at further varieties of barrels being used including Rum, Port, Tequila, etc.

• The collaborations will continue to get more creative between the breweries and makers of chocolate, coffee, juices, spices, fruits, and vegetables. You may end up with all of your daily requirement of vitamins in that beer that you drink.

• Trappist-Style beers (Trappist beers are beers made by Trappist Monks) have become very popular and are now being barrel aged and also used in beer poking. There are only Thirteen Trappist monasteries—six in Belgium, two in the Netherlands, and one each in Austria, Italy, England, France, and Spain— that produce beer, but the Authentic Trappist Product label is assigned by the International Trappist Association (ITA) to just ten breweries that meet their strict criteria.

• Meade – a fermented beverage made with honey, water, malt and yeast. It’s current market of almost $600 million is expected to more than double by 2032.

• A continuation of high alcohol beer.

• A continuation of fruit garnishes and flavors in beer (ie. lime, orange…).

• Candy flavored beers like the Juicy and Hazy Ipa’s and the chocolate, pastry and candy bar flavored Stouts and Porters.

• Functional beers containing ingredients such as electrolytes or Spirulina.

COCKTAILS

In 2023 through 2024 the public has become accustomed to RTDs (Ready to Drink cocktails). Now having your favorite cocktail is as easy as opening a beer. That trend is likely to continue, and the market will grow, offering more choices and more creative ingredients. Handcrafted cocktails will be more innovative, using new ingredients and introducing new spirits into the mix.

Datassential’s (datassential.com) recently released Future of Drink report shares consumer insights and menu details for 134 beverage trends. Here are 10 trends to watch through 2025:

1. Coffee Cocktails: Espresso martinis recently became a drink of choice, and the love of coffee-based drinks is not slowing down anytime soon. Carajillos, which have been popular in Mexico, are gaining a lot of attention. They are a blend of espresso (or espresso liquor) and Licor 43.

2. Fizzy Cocktails: Cocktails like Aperol Spritz, Gin & Tonic, & Prosecco are becoming very popular.

3. Ready-to-Drink Cocktails, as mentioned above, will continue to be in demand as they are quick, convenient and inexpensive.

4. Craft/signature shots: Part of two trending themes— cross-over creations and sensory experiences—these shots can be enjoyed in one gulp or savored slowly, but either way, these small creations are all about enjoying the experience.

5. Tamarind in cocktails: Global spices/flavors continue to inspire the cocktail scene, and tamarind is here now.

6. Ube cream liqueur: Ube—a purple yam native to the Philippines—has become a hit in desserts, and now it’s making its way into cocktails with ube cream liqueur.

7. “Dirty” drink customization: Just as olive juice makes a Dirty Olive Martini, cocktails are made dirty with the addition of cream and sometimes complementary juices, rather than soda which has been a standard.

8. Fortified wine cocktails: Cocktails with fortified wines like sherry, vermouth and port are another crossover we’re watching as these rich, concentrated flavors add a touch of sophistication and innovation to mixed drinks.

9. Gin-based hard seltzers RTD cocktails: Gin-based hard seltzers and canned cocktails coincide with a broader botanical trend that’s evolving in cocktails, and several other broader themes, including smaller sips and crossover creations.

10. Vegan fat washing: As the plant-based movement continues to influence every corner of the food and beverage world, vegan fat washing is becoming a growing technique. This process involves using plantbased fats—like coconut oil or cacao butter—to infuse spirits, creating a richer, creamier texture without animal products.

Fun Facts:

1. The #1 drink in the world is Water, then Tea, then Beer.

2. The #1 alcoholic drink in the World is Beer.

3. The most sold Liquor/spirit is Vodka.

4. What is Fat Washing? It is a process in drink mixing where flavors are infused into a drink by adding fat, butter or oil. The fat (ie. bacon fat or peanut butter) is mixed into the drink and then strained, scooped or scraped out of the drink often by chilling or freezing the drink. It works well with Bourbon, Rum and Gin.

Next Issue: Wine Trends, Whiskey Trends, Tequila and other Popular Spirits

Carajillo

(most popular cocktail in Mexico)

• ½ cup brewed regular or decaf Espresso (alternatively, use coffee or espresso liqueur)

• 2 oz. Licor 43

• 8 ice cubes

• Can also be served hot and/or with a sugared rim.

Old Fashioned

(most popular cocktail on the planet)

• 3 oz. High Proof Bourbon Whiskey

• 1/4 oz. Maraschino Cherry Juice

• 1/4 oz. Orange Juice

• 1 tsp maple syrup

• 2 dashes aromatic bitters

• Stir and pour over ice. Add orange peel twist and a cherry.

Caipirinha

(most popular cocktail in Brazil)

• 1/3 cup lime juice (squeezed)

• Cut 2 limes in 8 slices each. Add the cut limes and 3 tablespoons of sugar to a mixing cup and muddle.

• Add the lime juice and 1/4 cup of Cachaca to the muddled mixture and you have your Caipirinha. Add ice to 2 glasses and pour in your Caipirinha!

Nancy’s Margarita

(most popular cocktail in the world)

• 2 oz. Tequila

• 1 oz. Triple Sec

• 1 oz. Lime Juice

• Little squirt of Agave

• Shake and pour over ice. Add a Grand Marnier floater.

HWK’s* Dirty Stuffed Olive Dry Martini

(a drink &/or a meal)

• 6 fluid ounces vodka

• Wet the glass w/ dry vermouth and pour out.

• 1/3-1 oz. brine from olive jar

• Shake w/ ice for 60 seconds and let sit 60 more before pouring into a martini glass.

• Add 4 stuffed green olives (2 w/ blue cheese & 2 w/ jalapeno).

• Feel free to add 2 more w/garlic.

*HWK (He Who Knows)

Practical Tips For Legal Professionals NAVIGATING SMARTPHONE INVESTIGATIONS IN eDISCOVERY:

By Josh Markarian, Repario

“A lawyer should understand how their firm’s electronic communications are created, where client data resides, and what avenues exist to access that information. Understanding these processes will assist a lawyer in managing the risk of inadvertent or unauthorized disclosure of clientrelated information.” — American Bar Association, Formal Opinion 477

Smartphones have become indispensable in modern life, serving as hubs for personal and professional communication. For legal professionals, these devices often contain critical information that can significantly impact the outcome of a case. However, the process of collecting and preserving smartphone data during eDiscovery presents unique challenges.

This article provides practical insights to help legal professionals manage smartphone investigations effectively.

The Importance of Early Evidence Collection

The duty to preserve evidence arises when there is a reasonable anticipation of litigation, as established in Zubulake v. UBS Warburg (2005). Failing to act quickly can lead to significant risks, including:

• Loss of Device: Smartphones can be lost, stolen, or damaged, resulting in irreversible data loss.

• Device Upgrades: Replacing old devices may lead to overwriting or discarding data without proper backup.

• Auto-Delete Settings: Apps and devices often automatically delete data after a set period, potentially erasing critical information.

• Third-Party Deletions: Messages or files may be deleted by others involved in the communication.

• Allegations of Spoliation: Opposing counsel may claim intentional data destruction, leading to potential legal complications.

Proactive identification and preservation of smartphone data are essential to prevent these risks. Acting promptly ensures compliance with legal obligations and strengthens your position in litigation.

Practical Tips for Effective Smartphone Data Collection

Handling smartphone data during eDiscovery requires a thoughtful approach. Here are five key strategies to guide the process:

1. Determine Sources Before Collecting Start by identifying all potential sources of relevant data, including devices, apps, and cloud accounts. Mapping these sources early helps ensure that no evidence is overlooked and provides a comprehensive view of the available information.

2. Avoid Self-Collection

While it might seem convenient, allowing custodians to collect their own data poses risks:

• Data Integrity: Custodians may unintentionally alter or delete data.

• Credibility Issues: Self-collected data can be scrutinized in depositions, potentially undermining its reliability. Engage a neutral third-party expert to perform the collection, ensuring it’s conducted accurately and defensibly.

3. Hire a Third-Party Expert

Professional forensic experts bring specialized knowledge and tools to the table:

• Expertise: They understand the nuances of different devices and apps.

• Defensibility: Their methods are documented and can withstand legal scrutiny.

• Efficiency: Experts can often perform remote collections, saving time and resources.

4. Address Custodian Hesitancy Early

Custodians may be reluctant to hand over personal devices, especially in Bring Your Own Device (BYOD) environments.

To alleviate concerns:

• Communicate Clearly: Explain the importance of the data and how it will be used.

• Ensure Transparency: Allow custodians to witness the collection process if feasible.

• Use Targeted Collection: Limit data collection to relevant information, respecting personal privacy.

5. Plan Filtering and Delivery Methods

Define how collected data will be filtered for relevance and delivered to the legal team. Early planning reduces delays, streamlines the review process, and ensures sensitive data is handled appropriately.

Collection

and Privacy Concerns

Bring Your Own Device (BYOD) policies, which allow employees to use personal devices for work, blur the line between professional and private data. This overlap creates significant challenges during eDiscovery, particularly when personal devices may hold relevant evidence. Privacy concerns are a major hurdle, as custodians may fear exposure of personal information.

Targeted collection strategies are essential to address these concerns. By focusing on relevant data, legal teams can minimize intrusions into custodians’ personal lives. Involving custodians in the collection process builds trust and transparency, making them more likely to cooperate.

Self-collection, where custodians gather their own data, should generally be avoided. It risks incomplete or inaccurate data retrieval, as custodians may lack the expertise to identify and preserve all relevant information. Evidence collected this way can also be challenged by Repario Navigating Smartphone Investigations in eDiscovery: Practical Tips for Legal Professionals opposing counsel, who may question its validity.

Designing a Defensible Collection Strategy

A defensible eDiscovery process begins with collaboration. Engaging IT, legal teams, and forensic experts ensures a comprehensive understanding of data systems and potential sources. This collaborative approach helps assess the case’s specific needs, define the scope of collection, and create a strategy that is proportional to the matter at hand.

Forensic experts are invaluable in this process. They isolate relevant data while avoiding unnecessary collection, ensuring efficiency and focus. Using advanced methods, these professionals maintain the integrity of evidence, preventing alteration or loss. Additionally, they minimize disruption to business operations by employing non-intrusive techniques. This approach balances legal obligations with operational priorities, creating a seamless collection process.

Conclusion

Smartphone investigations are a critical component of modern eDiscovery. By understanding the intricacies of electronic communications and where client data resides, lawyers can better manage risks and uphold their ethical obligations.

Key Takeaways for Legal Professionals:

• Act Early: Don’t delay in preserving smartphone data.

• Engage Experts: Use third-party forensic professionals to ensure accuracy and defensibility.

• Address Privacy: Be proactive in handling custodians’ concerns.

• Stay Organized: Utilize checklists and strategic planning.

Smartphone investigations are complex, but with the right approach, you can navigate them confidently and defensibly.

If you’d like to discuss how Repario can support your efforts, I’d love the chance to connect. As a Bucks County local, I understand the unique needs of our community and the importance of fostering trusted partnerships close to home. Whether virtually or in person, I’m happy to explore how we can collaborate to make an impact.

The DCBA’s Repario Contact is Cory Donovan, VP Business Development. For more information, you can reach Cory by phone at 718-839-3631 or by email at Cory.Donovan@repariodata.com.

The Past, Present And Future OF THE DCBA BENCH BAR CONFERENCE

By Robert J. Firkser, Esquire, Chair of the Bench Bar Conference Committee

1973. George Foreman and Joe Frazier. Sally Field and Burt Reynolds. Lawyers and judges gather for the Delaware County Bench Bar Conference.

2024. Mike Tyson and Jake Paul. Taylor Swift and Travis Kelce. Lawyers and judges gather for the Delaware County Bench Bar Conference.

Yes, in 1973, the first Delaware County Bench Bar Conference was held. In 2024, the 51st Delaware County Bench Bar Conference was held (if you are doing the math, you will note that 2024 would be the 52nd year. However, there was a year without a Conference, due to Covid).

John J. Maffei was the 1973 President of the Delaware County Bar Association. He appointed Joseph T. Labrum to chair a new Bench Bar Conference Committee, and the first Bench Bar Conference took place. It was an immediate success and became an annual tradition. The first E. Wallace Chadwick Award was presented at that Conference, to Frank Ginsburg.

As a result of the Conference, the Bench Bar Relations Committee was formed, which met monthly with the Board of Judges to discuss issues of mutual concern. Bar leaders and the Bench continue to hold such monthly meetings.

Since 1973, Delaware County lawyers and judges have been getting together annually at the Bench Bar Conference to learn more about the practice of law and about each other. The speakers have been worthwhile and informative, the programs painstakingly prepared, the hospitality suite well-attended, the activities varied, the shenanigans ofttimes cleverly planned, and the stories worth the retelling (but not here).

Over the years, the Conference has been held in the Pocono Mountains, the Chesapeake Bay, Annapolis, Atlantic City, and even Bedford, Pennsylvania. The 2025 Conference will be in Dewey Beach, DE. Regardless of the venue, the main attraction is the invaluable opportunity for lawyers and judges to meet in a laid-back atmosphere. There are few other occasions where you can sit down with a judge over a beer and just talk

informally. The Bench is an integral part of the Conference. Most of the judges attend, and judges participate in planning the Conference, planning programs, and presenting programs. The Bar is extremely grateful for their invaluable contributions and support.

The programs are timely, practical and well-prepared. They cover all aspects of practice, including criminal law, family law, civil practice, estate practice, and running a law practice. Many lawyers and judges donate significant amounts of time to their preparation and presentation.

Golf and other activities are mainstays of the Conference. The activities vary based on the location, and have included, in addition to the annual golf outing, boating, ziplining, poker, skeet shooting, pool hangs, and pub crawls.

We urge all of you to attend the Conference. The many ways in which the networking, education and camaraderie enhance both your practice and your mental well-being are unrivaled.

Nonetheless, some of you will not attend. Therefore, as a service to such attorneys, we would like to give you the top five reasons not to attend the Delaware County Bench Bar Conference:

5. I don’t want my annual CLE credits, in a nice resort, for close to the same price I would pay going to separate seminars throughout the year.

4. I don’t like golf, hiking, beaches, food or drink.

3. I don’t want any of the judges to know who I am, and I only want them to see me when I appear in front of them.

2. I don’t want any of the lawyers to know who I am, and I only want them to see me when I appear in court against them.

1. And the number one reason not to attend the Bench Bar Conference is: This isn’t a profession, it’s just a job – I don’t need to go to such things.

Down: 1. POA, 2. Garfunkel, 4. Surveillance, 6. Dewey Beach, 7. May, 9. WSFS, 10. Carnival, 11. Milestone, 12. SideBar, 16. Incarceration, 18. Bonner, 20. Heiserman

Across: 3. Trademark, 5. HDHP, 8. Engagement, 13. Ginsburg, 14. Eckell Sparks, 15. Atticus Finch, 17. Marshall, 19. eDiscovery, 21. Witaker, 22. Caipirinha, 23. Trauma