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Each year, we receive over 3,200 calls seeking an attorney referral through our Lawyer Referral Service hotline.
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The referrals are well screened and more often than expected turn into a valuable client relationship. I am impressed with the program’s ease of use and support as well.
Melissa Willson Communications, Events, and Marketing Manager
The Chester County Bar Association’s quarterly publication, New Matter, has been provided to Bar Association members for four decades. A valuable aspect of CCBA’s membership, New Matter aims to provide our members with information pertaining to current issues facing the practice of law, historic legal issues, continuing legal education opportunities, Chester County Bar Association activities, programs, meetings, functions, practice tips, procedures for attorneys, and items of personal interest to our membership.
Cover photo taken by Jonathan R. Long, Esquire
Don Lynn, Esquire President Chester County Bar Association
Greetings everyone; this is my third of four newsletters for the year. By the time everyone reads this article summer will be winding down. Hopefully, everyone has enjoyed some time off with family and friends and if not, do your best to do so before the summer ends.
Since our last issue of New Matter the Chester County Bar Association continues to provide consistent programming and opportunities for education and camaraderie. The Bar Foundation’s “Key Gala” was a tremendous success. We enjoyed a great new venue at the Brandywine River Museum in Chadds Ford while raising money to support the mission of the foundation. A great time was had by all! Additionally, rumor has it that the Bar Sail was lots of fun! I never seem to be able to hear the stories as what happens on the Chesapeake stays on the Chesapeake. We also had a well-attended happy hour at the Creamery in Kennett Square and family movie night in Malvern where we showed the movie Shrek! Additionally, we are providing a great summer experience for all summer interns through
our Diverse Law Student Internship and Development Program. The bar association has also organized a countywide summer softball league and the CCBA/ GWCCC Golf League will be finishing up in July. There truly is something for everyone at our Bar Association.
Coming up soon is the Fall Bench Bar Conference at the Hotel Hershey from September 26th to the 28th. Make plans to attend as it promises to provide opportunities for CLE credits, access to the judges, a beautiful resort and lots of fun. Plus, it’s less than 90 minutes away from West Chester. Make your reservations now.
By the time this issue publishes, I will be finished with three quarters of my term. I continue to be impressed with the quality and commitment of our staff who do an incredible job of running this organization. Additionally, to all of our volunteers, thanks for all that you do. I hope that everyone had a great summer.
Kennett Square Happy Hour at the Creamery
Intern lunch – Law Students with the District Attorney and Public Defenders Office
Live auction at the Key Gala
Musician Greg Ralls at Key Gala
Intern Breakfast
Day in the Life of an ATTORNEY WHO ENJOYS IT
By Grant P. Bloomdahl, Esquire
I’m a general litigation attorney – I handle just about anything and everything possible. One day I am handling a criminal case, in a county court I’ve never seen, with a judge I’ve never heard of or met (the prosecutors in the room tell me she’s been a Judge for well over 10 years). My client wants a trial and I don’t really blame him. There’s a discovery issue or two but mostly it’s ready for a jury. It takes me an hour or so to drive up to that court; in the car I am typically on a phone call with another client or fellow attorneys at my firm, talking about another case which is often completely different from a criminal matter.
The next morning, I’m in federal court dealing with an employment discrimination case. The judge is pushing us to work something out, but we are close to resolving it. Within a week or so, it will. In the afternoon, I am drafting up a major jury personal injury complaint in Philadelphia. My client was seriously injured as a result of a car crash in which she was only a passenger.
The day after that? I attend a remote virtual conference over a commercial litigation issue involving a multi-year software development contract well into the seven figures – hopefully we can avoid litigation on that one. After that? I’m doing depositions involving a failed contract in a nearby county, with a Plaintiff based out of California. How about the day after that? I’m in Family Court, wrapping up a divorce case (with a custody dispute and equitable distribution issues). Well… after that? Who knows. I’m capable of handling it and I’d love to do it.
What satisfies me most is that I get up every day and actually look forward to the challenge and addressing what’s next. I have emails and spreadsheets like just about every other white-collar worker, but somehow, I have a whole lot of fun doing that and more. I enjoy diving into the case, exploring the law, reading up on the opinions, and representing my client regardless of the dispute to the best of my ability. It isn’t uncommon for me to unwind at the end of the day, only to find myself minutes later researching case law well into the night. The variety is what makes it interesting, the unknown variables of outcome makes it exciting, and I like what I do. Each day is something new and interesting. I wouldn’t have it any other way.
I’ve noticed a trend in the law ever since I stepped foot in law school. Each different area of the law is getting more and more “specialized” with some attorneys never leaving their own niche area. I don’t think I could ever do that; at least not for very long. I still respect practitioners who do one or two areas of law for their entire careers, that’s just not for me. It is increasingly rare to see a firm or practice or attorney that does multiple different areas of the law – and does it well.
My background is criminal defense. For around four-anda-half years, I was a Public Defender right here in Chester County. I represented indigent people who normally couldn’t afford an attorney relative to the charges he or she was facing. The cases I handled ranged from low level misdemeanors to first-degree felonies (and sometimes
higher than that). I will say that my tenure as a public servant, ensuring the Constitution for those who couldn’t afford counsel, was awesome. This County is a marvelous place to practice law. The legal community is very tight and mostly accommodating. Basically, everyone knows everyone else. I’m still proud to call Chester County my home and my home legal community. I had quite a few jury trials and bench trials under my belt by the time I left the Public Defender’s Office, and that experience has reaped tremendous dividends for my career and my understanding of the law.
I recently changed from entirely criminal defense to a generalist. Although I was mostly a “criminal defense” guy at the start of my career, I knew that I could do something more with my career than sticking to just criminal defense. I like to think that a diverse background, with the ability to handle different areas of the law, makes me a better attorney. You would be shocked just how knowing one area of the law will translate to better advocacy in a different area. Shifting to something else was tough, stressful, and difficult. When I changed, my hours changed from that of a steady government job, nine to five, with great benefits, to sporadic and nearly always on the clock. I am now answering emails and/or
calls at just about every hour of the day. Thankfully, a lot of my cases are still right here in Chester County, where I have quite a few friends and contacts.
I know that I am a better attorney and person because I developed my practice. My background has given me the toughness and fearlessness to handle cases and issues where court and trials are generally a rarity. For me, being an attorney is more than just a job – it is a lifestyle and a mission to uphold the Constitution we swore to protect.
I heard something recently that a majority of attorneys don’t actually like their careers. Troubling! I am having fun. I certainly don’t have as much down time as I used to. That’s ok because I like my job. I feel like I am pretty good at it, too.
Grant P. Bloomdahl is a litigation attorney at van der Veen, Hartshorn, Levin & Lindheim. He is a generalist who practices primarily criminal defense, commercial litigation, and personal injury matters. He resides in Chester County and his office is in Norristown. He can be reached at grantb@mtvlaw.com.
LAW DAY REMARKS May 1, 2024
TBy Honorable John Hall, President Judge, Chester County Court of Common Pleas
hank you to the Bar Association for giving me the opportunity to say a few words on this important day. Congratulations to the newly admitted members of the Bar. As President Judge Marrone suggested to me and my new Bar admittee colleagues in 1983, I encourage each of you to read the Pennsylvania Rules of Professional Conduct to be reminded of your ethical duties. No duties will be more important to you in building a reputation as a well-respected attorney. Also, I encourage you to review the Pennsylvania Code of Civility to better understand the courtesy that you will be required to display to everyone involved in the legal system.
If you are an attorney who comes to court, learn appropriate trial techniques, including asking clear and understandable questions of a witness. Don’t wind up like the lawyer who asked a witness, “Isn’t it true that you, too, were shot in the fracas?” and got the answer, “No, Sir. I was shot midway between the fracas and my navel.”
When I first contemplated speaking today, in recognition of the newly admitted members of the Bar, I chose as my topic – the importance of lawyers. But as I researched it, that topic devolved into the question: “Are there too many lawyers?”
It turns out that the United States has the most lawyers of any country in the world. In fact, three quarters of the world’s attorneys live in the United States. We now have about 1.3 million lawyers. And the number of lawyers has increased faster than the population. In 1960, there was one lawyer for every 700 Americans. Twenty years later, in 1980, there was 1 lawyer for every 410. Today, there is 1 lawyer for every 250 residents.
But having thoroughly investigated the subject, my conclusion to the question, “Are there too many attorneys?” is no, there are not too many. In the early 1970s, the American Bar Association essentially answered the same question. It formed a task force to determine if the rapid rise in law school applicants should result in a limitation on access to a legal education and to the practice of law. The task force rejected that notion. It found instead that trained lawyers constituted a national asset. That national treasure has simply increased.
When the debate over the United States Constitution was completed on September 17, 1787, and the document was signed, a woman named Elizabeth Powel asked convention delegate Benjamin Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” Franklin replied, “A republic, if you can keep it.” Over the many decades since, it is our lawyers who have helped us keep it, and a fundamental reason why the United States remains a stable, free government even in the midst of continual disagreement, debate and clamors for change within its citizenry.
Although we have striven to create a government of law, in which the people and their elected representatives hold the ultimate power, our constitutions, statutes and caselaw would be mere pieces of paper without the animating power of attorneys. It is the lawyers who guide the population through our many legal processes, enable agreements among our people, promote peaceful resolution of conflicts, and advocate for the preservation of our rights.
But more than that, lawyers set an example of loyalty to this free, democratic government we cherish. The oath taken by lawyers, like the oath taken by our new lawyers here today, requires them to support, obey and defend the constitution of the United States and the constitution of the states in which they practice. In Pennsylvania, the Rules of Professional Conduct require lawyers to serve as officers of the legal system and to refrain from any conduct which would be prejudicial to the administration of justice. In accordance with the Pennsylvania Code of Civility, lawyers here are specifically required to protect the independence of the judiciary, the weakest, but equally important, third branch of government. The branch in which the law is upheld, but which remains dormant and unavailing unless urged to act, almost always by an attorney.
Consequently, today, because of its lawyers – aptly called the foot soldiers of the constitution – one of every 250 residents are sworn to defend our form of government. Doesn’t that make our freedoms more secure than in 1960, when we only had one out of 700? Isn’t it comforting to know that there are so many among us trained in the law and steeped in the importance of the rule of law? Certainly, the mere presence of so many highly educated juris doctors among us advances the enlightenment of the community and the wisdom of our electorate.
But lawyers benefit us in other ways. By their adherence to their state rules of professional conduct, lawyers, even as public citizens, are entrusted with a special responsibility for the quality of justice. In furtherance of that responsibility, lawyers are also required to render public interest legal service, including by providing pro bono legal services to the impoverished or by supporting charitable and other nonprofit organizations.
Recently, I was fortunate enough to visit the country of Greece, historically, perhaps, the most important country in the development of western civilization. There, I had the opportunity of visiting areas where, many centuries ago, the ancient Greek city-states existed and vied with each other, many times warred with each other, for influence. Among them was the city-state of Sparta. Uniquely, even in the midst of constant threats, Sparta erected no walls to defend her population. Because both her men and her women were thoroughly trained to defend each other, their lands and their way of life, Sparta relied solely upon their skill, determination, ingenuity and courage as protection. They were the walls.
In my estimation you, our lawyers, similarly protect our constitutional republic and our freedoms. You are our walls.
TBar Sail
By Judge Marc Lieberman
he Chester County Bar Sail is an annual retreat for the Bar Association. You will not get any continuing education credits on Bar Sail, we are not honoring anyone, and we are not raising money for some noteworthy cause. The only purpose of Bar Sail is to have fun. Bar Sail is a two-day event. We sail to our destination starting out on a Thursday morning and sail back on Friday. The destination changes year to year. Inner Harbor Baltimore and Annapolis have been past destinations. Most of my crew are a mix of judges, attorneys, and their significant others. My first mate in life and on the boat is always my wife, Diane. She lets me think I’m in charge.
This year’s Bar Sail destination was a little town on the eastern shore of the Chesapeake Bay in Maryland called St. Michaels. St. Michaels is the favored destination in the Bar Association. It’s a cute walkable town with a lot of charm and history. The British bombed it in the war of 1812. It’s said that the town was saved because the bombing was at night and the residents of St. Michaels hung lanterns in trees outside of town, making the Brits think they were bombing the town but were hitting mostly empty forest. A few houses were damaged. St. Michaels history isn’t necessarily why it’s a favored destination in the Bar Association. The favorite destination is more of a combination of factors. The St. Michaels Harbor Inn is really a great destination to sail to. It has a great hotel overlooking the harbor that most of the crew stays in. The Crab Claw, the restaurant we ate at, is right on the harbor as well. The food and view are terrific. After dinner there is only one bar for the crew to go to. The Carpenter Street Bar, and it has open mic night on Thursday nights. It’s not very hard to find. It’s on Carpenter Street if you were wondering. Some of the members of the Bar Association really do have great voices and musical talent. Others not so much. I wouldn’t be torturing anyone with my singing any time soon. We will be headed back to St. Michaels in the future.
I chartered a boat out of Rock Hall, Md. The boat was big and had enough room to get all 10 of us on board in comfort. We left the dock Thursday morning around 9:30. St. Michaels is south of Rock Hall and the sail on a good day is around 5 hours. There was great wind for sailing that day. That is if you were sailing in any direction other than south. You just can’t sail a boat directly into the wind. Lucky for us the boat had a motor, so we motored for several hours before turning east. As soon as we turned east, we were able to unfurl the sails and turn off the motor. With the motor off and the sails out the ambiance of the boat changed. The motion of the boat under sail is more comfortable, it’s quiet, we can hear the music playing and hear each other talk better. That part of the bay is beautiful. With the nice breeze we were moving along quickly. We were all too soon at our destination, the St. Michaels Harbor Inn and Marina. When sailing, the destination truly is the journey. Docking was relatively uneventful. By that I mean I didn’t damage the boat, and no one got hurt. Docking a boat is a spectator event and it is considered a success under those circumstances even if it took me two times to get the boat in the slip.
After docking the boat, getting it tied up and plugged in, we visited the other boats that had already arrived. The boat that everyone gravitated to was the boat Bill Mitman, Jr., Esq., was on. He makes and serves a punch that is all the rave. Good music, great friends just hanging out on a boat in the summer. Sure beats working. We then cleaned ourselves up and caught the water taxi to the Crab Claw. Picking crabs is not a skill that I have acquired. I like eating crab but I’m just not fast enough at it. It’s kind of like eating celery. I burn more calories eating it than the crabs provide. No worries, there were plenty of other things to eat. We then walked to the Carpenter Street bar and enjoyed the music and a few drinks with friends. As skipper of a boat, I had to go back to the boat at a reasonable hour so I could get my crew back to Rock Hall in the morning. The sail back in the morning was motoring most of the way. While the wind was coming out of the south and we were headed north, there was very little of it. We did make it back to Rock Hall so our crew could head home at a reasonable hour. It was another successful Bar Sail. Now we must figure out where we are going next year. Any ideas?
Res Ipsa Loquitur: Gone, But Not Forgotten
FBy Mark Blank, Jr., Esquire
or you young ’uns, perhaps you never studied about it in law school, as it may not have popped up on your computer screens. For many of us, however, not only did we learn about it in our torts class, we were taught in our trial advocacy course to employ it as a legal theory of liability only if and when necessary.
Res ipsa loquitur is Latin for “the thing speaks itself” and, in the modern English translation, the “thing speaks for itself.” (This is assuming that a thing can speak at all.)
Recently, as I was reflecting on my career as a lawyer, I thought of one of my first cases. My client to-be was sipping from a beverage bottle. (Yoo hoo was the drink.) He choked, gagged and spit up blood. Later on, in severe pain, he rushed to the ER, whereupon a huge, sharp piece of glass was displayed on the X-Ray screen. (I am not going to discuss what happened to the glass thereafter; I will leave it to your imagination.)
The tort claim was against Yoo hoo and the local beverage distributor. At the time, the law of strict liability for sellers and
manufacturers was still in its infancy. Restatement (Second) of Torts (1965), Section 402A; Berkebile v. Brantly Helicopter Corp., 462 Pa 83 (1975). So I proceeded on res ipsa loquitur. What came to my mind was Escola v. Coca-Cola Bottling Co. of Fresno, 24 Cal.2d 453 (1944). In Escola, plaintiff was waitressing in a restaurant when one of defendant’s bottles exploded in her hand. This caused a deep five inch cut, which severed the blood vessels, nerves, and the muscles of her thumb and palm of her hand.
Plaintiff moved forward on res ipsa loquitur as her basis for liability. Chief Justice Gibson stated that res ipsa loquitur applies in instances wherein: (1) defendant had “exclusive control of the thing causing the injury”; and (2) “the accident is of such a nature that it ordinarily would not occur in the absence of negligence by the defendant”. 24 Cal.2d 453, 457-458. With this definition, the California Supreme Court upheld the trial court’s employment of res ipsa loquitur in its finding of negligence, as argued by plaintiff’s attorney (Melvin Belli), that defendant had exclusive control sufficient to impose liability.
Justice Traynor concurred in the judgment, however, argued that, instead of deciding a case of that nature on a negligence theory, the doctrine of strict liability should be imposed on manufacturers whose products cause injury to consumers.1
Continued on page 12
1Many legal scholars believe that Justice Traynor’s concurrence in Escola is what substantially set forth the initial groundwork, and was the central catalyst, in the development of the law of strict liability for sellers and manufacturers of consumer products.
Continued from page 11
I also had thought of another res ipsa case. It was four years after Escola that a subsequent California case addressed the issue. This one involved a mishap which occurred in the midst of the “effervescence and the ebullition of San Franciscans in their exuberance of joy” on V-J Day, August 14, 1945. Larson v. St. Francis Hotel Corp., 83 Cal. App. 2d 210 (1948). Apparently, during a party in a hotel room at defendant’s hotel, a heavy, overstuffed armchair went flying out of the window striking plaintiff, who was leisurely walking on the sidewalk below, knocking her unconscious and causing other injuries.2
Plaintiff based her case on res ipsa loquitur. The trial court granted defendant’s motion for a nonsuit, which was affirmed on appeal. “A hotel does not have exclusive control, either actual or potential, of its furniture. Guests have, at least, partial control. Moreover, it can not be said that with a hotel using ordinary care the accident was such that in the ordinary course of events . . . would not have happened. On the contrary, the mishap would quite as likely have been due to the fault of a guest or other person as to that of defendant.” Larson, 83 Cal. App. 210, 2012- 2013.3
Oh, just one more thing. Pillars v. R.J. Reynolds Tobacco Company, 117 Miss. 490 (1918) puts res ipsa loquitur in what is arguably its most memorable form: “We can imagine no reason why, with ordinary human care, human toes could not be left out of chewing tobacco, and if toes are found in chewing tobacco, it seems to us that somebody has been very careless.” Pillars, 117 Miss. 490, 500.
Plaintiff had choked on a decomposed toe in a plug of Brown Mule Chewing Tobacco and suffered from ptomaine poisoning from it. So stated the court: “We refrain from detailing the further harrowing and nauseating details.” Id., 498. However, the jurist continued, “If ever there was a case in the world where res ipsa loquitur applies both to the tobacco company’s negligence in permitting this toe to be in this tobacco and to the question of whether or not the R.J. Reynolds Tobacco Company knew that this toe was in the tobacco, this is such a case.” Id., 499.
Let us not forget what we learned in school or in our earliest cases, as they may some day form the basis for an article in New Matter. For those of you who have read this far, hope you’ve enjoyed it.
2Beuhla Larson was at the wrong place at the wrong time, to say the least. Today, the windows in modern hotels are designed in such a fashion that this could not happen.
3There were festivities all over America on the day that W.W. II ended. I never participated or even observed in person any of the celebrations, as I was not yet born. But after I read Larson v. St. Francis Hotel Corp., I wondered how wild was the party in which, I guess among other things, an overstuffed arm chair was heaved out of the hotel room’s window.
Supplementing Base Coverage with Limited Benefit Plans
In the dynamic environment of employee benefits, employers are continually working to provide comprehensive coverage that meets the diverse needs of their company’s workforce. Limited benefit plans have emerged as a pragmatic solution, offering targeted coverage for specific healthcare needs or financial protections.
Limited benefit plans, also commonly known as minimed or fixed indemnity plans, are benefit options that possess a reduced and more restricted level of benefits when compared with comprehensive medical plans, but with lower premiums as well. They typically offer coverage for specific or targeted healthcare services or financial protections with predetermined limits. Limited benefit plans can include critical illness plans, indemnity plans and “hospital cash” policies. These plans are not regulated by the Affordable Care Act, and it is not advisable that they serve as an individual’s only medical coverage. However, in most situations they can be a good supplement to a base and more comprehensive medical plan.
Applicability of a Limited Health Plan
Limited health plans can be beneficial for those who feel they need additional coverage that goes beyond their traditional health insurance plans. Though they are not intended to be a replacement for major medical health insurance, limited plans can be a good supplement to some major medical plans, such as those with a high deductible.
Individuals covered through a high deductible health plan (HDHP) can often benefit from enrolling in Limited Benefit Plans. Although HDHPs offer comprehensive coverage, the standard copay aspect of the plan does not kick in for any services outside of preventative care until the deductible is met. That could mean that the individual or their family can be exposed to significant up-front out-of-pocket expenses. A limited health plan can help offset the deductible in some instances, depending on what the limited plan covers.
Though not intended as a replacement for major health insurance, limited plans can still provide at least some level of financial coverage for those without a comprehensive base medical plan. Limited plans might especially work well for individuals that need temporary stop-gap coverage until their more comprehensive insurance program goes into effect, for those who were recently laid off or are in-between jobs, for younger individuals aging off of their parent’s health insurance, individuals who have lost their medical coverage, selfemployed persons without access to group coverage or anyone looking to offset the costs associated with high deductibles and out-of-pocket expenses.
The Chester County Bar Association offers its members access to My Benefit Advisor as a solution for employee benefits, including voluntary offerings. For more information about My Benefit Advisor, visit our website at ccba.mybenefitadvisor.com or contact Marlon Richardson at (215) 790-3640.
Life Lessons from Sailing:
Navigating Through the Challenges and Enjoying the Beautiful Moments
TBy Greg Nardi CCBA Executive Director
he Chester County Bar Association’s Bar Sail is a time-honored tradition that many of our members look forward to every year. This year’s event at St. Michael’s was no exception. A beautiful location, incredible weather, and wonderful camaraderie with a great group of people all contributed to a wonderful experience. In addition to being a part of the land-lover crew at the CCBA Bar Sail events, I have had the opportunity to conduct a few of my own multiday sailing excursions on the Chesapeake Bay with a couple of friends. The combination of these experiences allowed me to realize that sailing offers more than just a day away from the office.
One of the biggest lessons I see while sailing is the value of community and teamwork. While one can sail alone, it is pretty difficult especially when you get in tougher conditions, trying to navigate tight passages, or complete complicated tasks – a lot like life. Bonds are often built through shared hardship and work. Sailing provides the work all the time and the hardship both when you are and are not expecting it. The strongest memories and the strongest bonds I have through sailing are due to a terrible storm.
One of the other crucial lessons of sailing is adaptability. Conditions on the water are constantly changing especially when you are relying on the wind for your power. Adjustments are constant. Just like when I was steering with a hoagie in one hand and the boat’s steering wheel in the other, only to face a sudden gust of wind –life, much like sailing, requires both hands on deck and readiness to pivot (and then clean up the mess you just made).
Patience is another virtue honed on the water. Sometimes the wind is in your face or not blowing at all and progress is slow – like waiting for my son at the University of Alabama to finally text me back. Both situations have taught me patience and to enjoy the moment when things are going well, even if progress can be slow at other times.
Sailing builds resilience. Rarely does everything go exactly right. Sometimes you go for a swim and get swept away by a current that you weren’t expecting. Sometimes you aren’t paying full attention to your surroundings and get hit in the head by the boom or fall through a hatch as you are walking on deck. After getting stuck in a storm and emerging soaked but safe, you realize that setbacks are temporary, and each challenge faced builds strength.
Being in the open water fosters a great respect for nature and its power. It’s also easy to see examples of how humans can easily mess things up. It provides a great reminder to be a good steward. Getting caught in a sudden gale or an all-day storm can also provide a great reminder of how powerful Mother Nature can be and to always have respect for the forces around us. Enjoying the beauty that surrounds you when you are on the water is very easy and is a great reminder to ‘seize the day’ and appreciate what is around us.
Whether it’s the calm water or the sudden storm on the Chesapeake, sailing can teach us valuable lessons in life, our profession, and leadership. I am already looking forward to next year’s trip.
CCBA BAR TAB
New personal and professional updates
The law firm GAWTHROP GREENWOOD, PC managing partner, STACEY L. FULLER, accepted the 2024 Above & Beyond: Women award from City & State PA, a publication that focuses on Pennsylvania government and policy news.
The law firm GAWTHROP GREENWOOD, PC is pleased to announce that real estate and business attorney MICHAEL NASEEF joined the firm as a partner effective June 1, 2024.
WISLER PEARLSTINE, LLP is pleased to announce JUSTIN D. BARBETTA has been elected to partnership in the firm effective July 1, 2024.
LAMB MCERLANE announces that JULIE M. POTTS has joined the firm as partner, along with two associates PATRICK (PJ) MCGINNUS and SARA HENTSCHKE.
Shoutout to our New 2024 Members!
Welcome to CCBA!
Kyle Adams
Jacqueline Alexander
Catherine Appel
Amanda Atkinson
Jerald August
Max Barish
Michelle Barone
Erika Becker
Gregory Bednarz
Hannah Bescript
Barbara Beyer
Jesse Callery
Dishon Dawson
Tim Deyrup
Pilar Diaz
Valentino DiGiorgio
Rebecca Farnan
Laurie Fiore
Matthew Flaherty-Gahagan
Ellen Flatt
Kevin Franco
Gianna Fredella
Nicholas Galluzzo
Matthew Gardella
William Garrett
Mary Kay Gaver
Richard Glunk
Peter Gorn
Kelsey Gvozdich
Christian Hoey
Briana Holladay
Sara Johnson
Heather Karns
Irene Levy
Deborah Lewis
Maria Lombardi
Ashleigh Lugg
Nicholas Marchese
Matthew McGuire
Danielle McNichol
Jocelyn Mendez
Demetrios Mikelis
Kaley Miller-Schaeffer
Mark Morford
Christopher Mowery
Robert Mulhern
John Patterson
Reginald Petersen
Scott Rothman
Betty Ryberg
Joelle Shanesy
Alexandra Smith
Ethan Smith
David Strenfel
Michael Tomcho
Angela Wagner
Michael Walter
Jessica Wilson
Anne Yoskoski
Michael Zabel
Steven Zaharick
The Day the Chevron Deference Doctrine Died
By John R. Embick, Esquire
John R. Embick, PLLC Chair of the CCBA Environmental Law Section
On June 28, 2024, the U.S. Supreme Court overturned the longstanding Chevron Deference Doctrine in the cases of Loper Bright Enterprises v. Raimondo (“Loper”), No. 22-451, and Relentless v. Department of Commerce (“Relentless”), 22-1219. In Loper and Relentless, the National Marine Fisheries Service had enacted regulations under its statutory authority requiring certain fishing vessels to carry a federal monitor aboard to assure compliance with federal law and prevent overfishing. The agency also required that the owners or operators of the boats pay the cost of the federal observer. The regulation was challenged, and two federal appeals courts, one of them applying the Chevron Deference Doctrine, found that the agency’s interpretation of the law was reasonable. Chief Justice Roberts authored the Loper decision, joined by Justices Thomas, Alito, Gorsuch, Kavanaugh and Barrett. Justices Kagan, Sotomayor and Jackson dissented.
The Chevron Deference Doctrine arose out of the case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (“Chevron”), 468 U.S. 837 (1984). In that case, in an opinion written by former Justice Stevens, the
Court held that where a statute is silent or ambiguous with respect to the specific issue before an agency, courts may not substitute their own interpretation of a statutory provision in place of a reasonable interpretation made by the agency, and the courts were required to defer to the agency’s interpretation.
In Chevron, the Court created a two-part test to determine if deference to agency decisions was warranted. In part 1, the court must determine if the statutory language authorizing agency action was clear or ambiguous. If the language was determined to be clear, then the agency action had to conform to the statutory mandate. In part 2, if the court determined that the statutory language was ambiguous, then a court was required to defer to the agency’s interpretation of the statutory language, as long as the agency’s interpretation was reasonable (the term “permissible” was used in Chevron).
In Chevron, the Natural Resources Defense Council (NRDC) had challenged a decision by the U.S. Environmental Protection Agency (“EPA”) during the Reagan administration (Ann Gorsuch was the EPA administrator at the time, and her son, Justice Neil Gorsuch, is currently sitting on the High Court bench). Chevron involved an EPA regulation that interpreted the Clean Air Act to allow the Environmental Protection Agency to define the term “stationary source” to mean whole industrial plants. A great irony here is that NRDC
(which has been involved in scores of environmental law cases) opposed this agency action and lost the Chevron case. At the time, and for years afterward, many judges (reportedly including former Justice Scalia, at least initially) and commentators approved of the Chevron decision.
Since Chevron was handed down, many administrative agency actions were reviewed and resolved using the Chevron Deference Doctrine. Some important environmental law cases were: 1. Whitman v. American Trucking Associations, Inc., (citation omitted) (2001) (the Supreme Court applied the Chevron Deference Doctrine to uphold the EPA’s interpretation of the Clean Air Act, allowing the agency to set certain air quality standards); 2. Michigan v. EPA (citation omitted) (2015): (application of the Chevron Deference Doctrine was implemented in a matter regarding the EPA’s regulation of mercury emissions from power plants); and 3. Massachusetts v. Environmental Protection Agency (citation omitted) (2007)(this case concerned the EPA’s authority to regulate greenhouse gases as air pollutants and the Supreme Court upheld the EPA’s interpretation of the statute).
So, after almost 40 years of judicial approval and reliance on the Chevron Deference Doctrine, what changed? Chief Justice Roberts explained that the Court previously had decided that Chevron rested on “a presumption that Congress, when it left ambiguity in a statute meant for implementation by an agency, understood that the ambiguity would be resolved, first and foremost, by the agency, and desired the agency (rather than the courts) to possess whatever degree of discretion the ambiguity allows.” For this conclusion, Chief Justice Roberts cited Smiley v. Citibank (South Dakota), N. A., 517 U. S. 735, 740–741 (1996). See Loper, Slip op. 20.
Chief Justice Roberts concluded that this judicial deference could not be squared with the mandate of Article III of the Constitution, and the provisions of the Administrative Procedures Act (“APA”), 5 U.S.C. §551 et seq. The Loper majority holds that it is the province of the courts to decide what the law is, and that deference undermines that responsibility. Chief Justice Roberts cited the following:
In the foundational decision of Marbury v. Madison, Chief Justice Marshall famously declared that “[i} t is emphatically the province and duty of the judicial department to say what the law is.” 1 Cranch 137, 177 (1803).
Slip op. 8.
Chief Justice Roberts opined that the APA, which sets the standard for judicial review of federal agency action,
reflects the essential mandate of Marbury: The APA thus codifies for agency cases the unremarkable, yet elemental proposition reflected by judicial practice dating back to Marbury: that courts decide legal questions by applying their own judgment. It specifies that courts, not agencies, will decide “all relevant questions of law” arising on review of agency action, §706 (emphasis added)— even those involving ambiguous laws—and set aside any such action inconsistent with the law as they interpret it. And it prescribes no deferential standard for courts to employ in answering those legal questions. That omission is telling, because Section 706 does mandate that judicial review of agency policymaking and factfinding be deferential. See §706(2)(A) (agency action to be set aside if “arbitrary, capricious, [or] an abuse of discretion”); §706(2)(E) (agency factfinding in formal proceedings to be set aside if “unsupported by substantial evidence”).
Slip op. 14.
Much speculative discussion has occurred about how the “conservatives” on the Supreme Court have set out to cut back the power of unelected bureaucrats who populate the deep administrative state. Loper can also be viewed as shifting the interpretation of ambiguous laws from unelected bureaucrats to unelected judges. Your political inclinations will probably inform your conclusion. However, in one sense, the Loper decision can be viewed as the High Court reasserting its preeminent authority to interpret the Constitution and the law: after Loper, the Court will of course listen carefully to the agencies, but the Court will exercise its independent judgment in making a final determination. The Pennsylvania Supreme Court took a similar path in HUP v. Commonwealth, 487 A.2d 1306 (Pa. 1985), in connection with the determination of the meaning of the state constitutional term “institutions of purely public charity.” See, Pa. Const. art. VIII, §2(a)(V).
The “liberal” justices were strongly opposed to the Loper holding and dissented in very strong terms. Writing for the dissenters, Justice Kagan wrote: Today, the Court flips the script: It is now “the courts (rather than the agency)” that will wield power when Congress has left an area of interpretive discretion. A rule of judicial humility gives way to a rule of judicial hubris. In recent years, this Court has too often taken for itself decision-making authority Congress assigned to agencies. The Court has substituted its own judgment on workplace health for that of the
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Continued from page 19
Occupational Safety and Health Administration; its own judgment on climate change for that of the Environmental Protection Agency; and its own judgment on student loans for that of the Department of Education. See, e.g., National Federation of Independent Business v. OSHA, 595 U. S. 109 (2022); West Virginia v. EPA, 597 U. S. 697 (2022); Biden v. Nebraska, 600 U. S. 477 (2023). But evidently that was, for this Court, all too piecemeal. In one fell swoop, the majority today gives itself exclusive power over every open issue—no matter how expertise-driven or policy-laden—involving the meaning of regulatory law. As if it did not have enough on its plate, the majority turns itself into the
country’s administrative czar. It defends that move as one (suddenly) required by the (nearly 80-year-old) Administrative Procedure Act. But the Act makes no such demand. Today’s decision is not one Congress directed. It is entirely the majority’s choice.
Dissent Slip op. at 3.
What’s going to happen now? It probably is too early to tell. I am thinking that Congress might amend the APA to codify Chevron Deference Doctrine, or, alternatively, to codify the holding in Loper. In enacting new legislation, Congress might make it clear who has the authority to resolve ambiguous statutory language. What is certain, I think, is that the drafters of important federal legislation are thinking carefully about Chevron and Loper.
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Gray Divorce: The Financial Risks of Divorce After 50
Divorce is tricky at any age, but it can be particularly shocking — emotionally and financially — for those who get divorced after 25, 30 or even 50 years of marriage. As a Certified Divorce Financial Analyst (CDFA), I know these so-called “gray divorces” can have tremendous financial repercussions, putting retirements and even financial well-being at risk.
A divorce is likely to be the largest financial transaction of your life. It’s bigger than buying your house, determining your pension buyout or selling your business. A divorce puts a value on everything in your marital estate and divides it. You also only have one shot at this. Once it’s done, you generally can’t go back and ask for changes.
People in the midst of a divorce often don’t have a firm grasp of the long-term financial implications of their decisions. They focus on the here and now. All parties should be concerned about how to equate financial security in the future – maybe 30 years later – as well.
There are a number of problems I’ve seen arise in divorces among older couples.
FINANCIAL COMPLEXITY AND FINANCIAL ILLITERACY
As you grow older, your financial life can become more complex. There may be deferred compensation plans involved, business ownership, or multiple houses. It becomes more difficult to unwind all the intricacies and come to an equitable settlement.
Many times, one of the spouses may not know much about the family finances, and without a solid understanding of the financial details, someone
undergoing a divorce will be at a considerable disadvantage when it comes to dividing up the family assets. A financial professional or CDFA can help with the discovery of all assets.
SPLITTING ASSETS WITHOUT UNDERSTANDING HOW THEY WORK
I often advise other professionals involved in the divorce process that we can't just split assets according to a certain percentage, without understanding the implications if assets necessitate a change after divorce. There may be hidden tax complications or unnecessary risk in choosing one asset over another. Some assets might be fine for one spouse, who won’t need them until retirement, whereas they won’t work for the other, who needs them far sooner. A CDFA will try to find a workable solution that leaves everybody as financially secure as possible. Equal and equitable are not the same thing.
PAYING FOR COLLEGE BECOMES A STICKING POINT
Unless it’s agreed upon in negotiation or written into the agreement, there is no requirement for one parent or the other to pay for their kids’ college education. I have seen cases where one spouse is making $5 million a year, and the other $30,000, and the moneyed spouse refuses to pay for college. If you have children in college or heading off to college soon, this is an often-forgotten sticking point that should be discussed.
LIFE INSURANCE AND ESTATE PLANNING ARE CHALLENGING
Insurance can often be a challenge, because as people get older, policies may expire. If a life insurance policy is required for alimony or to secure some cashflows or buyouts, it might be a problem if the person is uninsurable or the premiums are prohibitively expensive. And then there are estate planning issues, where longheld plans for passing a legacy on to the next generation suddenly need to be completely overhauled.
ALIMONY AND RETIREMENT PLANS ARE AT ODDS
Gray divorce, taking place as people are older and approaching retirement, can play havoc on alimony and retirement. If the moneyed spouse is 69 years old and planning to retire in a year, is it fair to force that person to continue working until the age of 79 to pay alimony? On the other hand, what about the other spouse, who is suddenly losing an income stream they have come to rely on? These sorts of issues can be hard to work through.
Whoever is the non-moneyed spouse often ends up at a disadvantage if the high-income earner is near retirement, because alimony is so critical in most of the cases.
MONEY ISN’T THE BE-ALL AND ENDALL OF HAPPINESS
Male or female, much depends on their capacity to earn and invest income, along with their spending needs. Although divorce is difficult, both emotionally and financially, having a strong team can make a difference. A trusted lawyer who specializes in divorce and family law can help with the legal issues. A financial professional or a CDFA can work on the financial side, helping to ensure an equitable settlement while protecting long-term financial health. I know from working with my clients that there is life after divorce, including a strong financial life.
Interested in getting in touch with Christine Palmer Hennigan? Call the office at 610.429.4020. Christine’s Post-Divorce checklist can be found on her website: https://www.christinephennigan.com/if-youre-widowedor-divorced-and-youre-looking-for-a-trusted-place-tostart.
This article is for informational purposes only and should not be considered as specific financial, legal or tax advice. Depending on your individual circumstances, the strategies discussed in this presentation may not be appropriate for your situation. The information in this material is not intended as tax or legal advice. Always consult your legal or tax professionals for specific information regarding your individual situation.
Christine Hennigan is a registered representative of, and securities and investment advisory services offered through Hornor, Townsend & Kent, LLC (HTK), Registered Investment Adviser, Member FINRA/SIPC, 600 Dresher Road, Horsham, PA 19044. 800-763-7637, www.htk.com. HTK is a whollyowned subsidiary of The Penn Mutual Life Insurance Company.
6709048RG_Jun26
Boost Cash Flow With Electronic Payment Solutions
By Adrian Aguilera, Senior Content Strategist for LawPay,
the top-rated legal payment processing solution. He is based in Colorado Springs, Colorado.
As the economy shifts online, law firms must adapt to clients’ evolving payment preferences, including accepting electronic payments (or e-payments). The 2024 Legal Industry Report by LawPay and MyCase surveyed over 2,600 legal professionals and found that 78% of law firms now accept online payments via credit/debit cards, which is expected to grow.
Why are e-payments beneficial for clients and law firms? This article highlights the most common types of electronic payments, their advantages, and how your firm can remain compliant with online payment charges.
Types of Electronic Payments Attorneys Are Using to Grow Their Firm
As electronic payments grow in popularity, lawyers have more options for getting paid. Familiar methods include debit and credit cards, while virtual cards offer singleuse electronic tokens. Additionally, Automated Clearing House (ACH) payments, such as direct deposits and electronic checks, are common direct payment forms online.
Advantages of Electronic Payments for Law Firms
The COVID-19 pandemic isn’t the only reason electronic payments have become so common—they also offer substantial benefits. Below, we’ll outline some of the many advantages that e-payments offer a legal practice like yours.
1. Provide a Positive Client Experience
Clients increasingly prefer e-payment solutions, a trend supported by data. A 2021 Insider Intelligence study found 75% of respondents planned to switch bills to electronic payments, with 87% of millennials favoring this change. Fiserv’s survey further confirmed this, showing credit and debit cards top consumers’ “must-have” lists for bill pay options. Among younger consumers, 95% prefer debit cards, 83% favor payment apps, and 82% want mobile wallets. These numbers highlight the growing demand for e-payments and their importance in maintaining client satisfaction.
2. Attract Prospective Clients
Electronic payments attract new clients and serve existing ones, as consumers increasingly expect businesses, including law firms, to support them. Payments Journal reports that 60% of consumers use digital payments, 44% set up automated payments, and 39% pay via mobile apps or websites. As society moves towards cashless transactions, lacking e-payment options can harm your firm’s reputation and suggest your practice is not up-to-date. Embracing electronic payments keeps your firm competitive and responsive to client expectations in a rapidly evolving digital landscape.
3. Get Paid More and Faster
Electronic payments benefit law firms by enhancing efficiency and speeding up transactions. According to the LawPay and MyCase 2024 Legal Industry report, firms using LawPay collected 33% more from clients, with bills paid nearly four times faster than cash or check payments. Solutions like LawPay’s Next Day Payments enable receiving payments in as little as one business day. Additionally, e-payments simplify tracking payments, sending reminders, and eliminating lost invoices or checks, ensuring more revenue is collected.
4. Optimize Law Firm Workflows
Because online payment solutions allow for automated invoicing or recurring payments, electronic payments prove incredibly useful when you have client work on retainer or over repeated transactions.
Many electronic payment solutions on the market also offer integrations with other software solutions that lawyers may use for their practice, such as case or practice management, timekeeping, and accounting/ bookkeeping software. This prevents law firm managers from jumping between multiple tools or reconciling data from different programs.
5. Increase Data Security
Imagine you didn’t have to worry so much about the security of client financial information. With electronic payment solutions, that dream can be a reality.
Having an online solution means that your firm doesn’t have to store bank account details or credit card numbers on your own servers. As long as you select an established payment processor with high-grade security, your firm shouldn’t have to worry about your clients’ financial information safety.
Scale Your Firm Today With LawPay Online Payments
With LawPay, you’ll have access to the best, user-friendly billing and payment features that can make your business more profitable and productive—while delighting clients. Payment features include:
• Next Day Payments: Enjoy faster access to your money—just one business day after the payment is initially received.
• Online Payment Options: Provide debit, credit, and eCheck options for faster payments and payment scheduling for convenience.
• Pay Later: Increase your revenue with legal fee financing loans—ensuring 100% payment upfront while clients pay in installments over time.
• Card Vault: Easily charge and collect payments using your client’s preferred payment method—stored in a secure, industry-compliant system.
When you’re ready to see how LawPay can benefit your firm firsthand, schedule a LawPay demo at https://www.lawpay.com/features/schedule-ademo/?utm_campaign=lp-evergreen-articleimagenewmatter&utm_medium=web&utm_source=chescobar.
Opening Doors to LEGACY PHILANTHROPY
The Chester County Community Foundation spotlights attorney Denise M. Antonelli, of Gawthrop Greenwood, P.C., in West Chester for opening the door to legacy philanthropy.
Antonelli has a trusted relationship with a long-term client who supports a wide variety of charitable causes. The client seeks to make a lasting regional impact and have the family name remembered in our community for generations to come. With interest in supporting regional veterans’ services, cardiovascular research, and animal welfare for the long-term, Antonelli explored a variety of charitable vehicles with her client. When learning about the work of the Chester County Community Foundation, the client felt a kinship of sorts; a values-fit.
Antonelli explains, “I’ve witnessed the Community Foundation’s 30-year track record as a trusted steward, diligently reviewing charitable nonprofit grantee prospects and prudently investing funds to endow the charitable sector for perpetuity. The Chester County Community Foundation knows that its reputation is earned each day as it follows the wishes of its legacy donors, forever.”
Antonelli and her client met with representatives from the Community Foundation, explained their desires and parameters, and created a legacy fund with an initial gift, with a testamentary gift to follow.
Antonelli continues, “At this point, my client wishes to remain anonymous. That wish is honored by the Community Foundation, too, by holding private information in confidence.”
When it comes to charitable gift planning, estate planning attorneys tend to be crucial gatekeepers in this multi-faceted process. Accountants, investment managers and financial advisors provide the all-important asset valuations and experienced opinions. Estate planning attorneys help clients review and prioritize their legacy desires comprehensively, securing asset value and ensuring the smooth, efficient transfer of hardearned assets to heirs: family, friends, and community charities.
When clients have charitable intent, the Chester County Community Foundation can help you and your clients discern their charitable legacy options and choose what’s right for them, for Now & Forever.
To congratulate Denise M. Antonelli, Esquire, of Gawthrop Greenwood, P.C., and learn more, we invite you to attend the Chester County Community Foundation’s 30th Annual Meeting and Legacy Celebration on Monday, October 28, 2024 at Uptown! Knauer Theatre in West Chester. The meeting is from 5-6pm in the theatre, with a pre-event meet/greet reception at 4pm. RSVP at ChesCoCF.org or phone 610.696.8211.
Chester County Community Foundation
28 W. Market St., The Lincoln Building West Chester, PA 19382
610.696.8211 | www.chescocf.org
Zebulun Davenport, Ed.D., Chair of the Board
Karen Simmons, President/CEO
Jason Arbacheski, CAP®, Gift Planning & Stewardship Director
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
We Asked, You Answered: Transformative Pro Bono Experiences!
Pro bono comes from the Latin phrase “pro bono publico,” which translates to “for the public good.” Simply put, the purpose of pro bono is to “provide legal counsel for those who cannot afford to retain an attorney” and the call to service has its origin in fifteenth-century English law.
Nationwide statistics on pro bono service by attorneys reveal a significant but uneven commitment to public service within the legal profession. According to the 2022 Pro Bono Scorecard by The American Lawyer, attorneys at major law firms in the United States contributed an average of 34.7 hours of pro bono work per lawyer. Notably, the top 11 firms averaged more than 100 hours per lawyer, showcasing an exceptional dedication to pro bono service.
Despite these efforts, there is considerable room for growth. For instance, 48% of attorneys did not participate in any pro bono work in 2016. Additionally, 20% of lawyers have never undertaken pro bono service, highlighting a disparity in engagement across the profession.
Motivations for providing pro bono services typically stem from empathetic or ethical reasons, such as a desire to help those in need, reduce social inequalities, fulfill professional obligations, and maintain a sense of personal integrity. These statistics underscore both the achievements and the potential for greater participation in pro bono work, emphasizing the importance of continued efforts to encourage more attorneys to contribute their skills for the public good.
The Chester County Bar Association recently asked members to share their pro bono stories and how these experiences have shaped their careers, helped them better understand the law, and shifted their perspectives when working on other cases.
A pro bono experience that continues to be a positive and fulfilling experience for me is my work with the Wills for Heroes program. The Wills for Heroes organization provides free basic estate planning to first responders and military veterans. I began my work with Wills for Heroes as a law student volunteer in 2011 and have continued to work with them ever since. I am now the county coordinator for Chester County and am currently working with the Chester County Bar Association on upcoming events. My pro bono work with Wills for Heroes sparked my interest in estate planning and administration which is now my sole practice area and has provided me the opportunity to connect with other estate planners and legal professionals to learn and discuss new and differing approaches in our practices. It has truly been one of the best experiences of my career.
— Courtney Wiggins, Esq., Clarion Law
One recent pro bono experience definitely helped me shift my perspective. In a case referred from Legal Aid, I represented a mother of a young child. The father had been charged criminally for brutally beating Mother’s boyfriend. Mother was timid and seemed unable to stand up for herself. Working with her was quite challenging but ultimately gratifying. The Custody Conciliator saw that Mother’s motives were pure and he awarded her sole legal and physical custody with Father having supervised visits. This was prior to Kayden’s law. Sole legal custody is a rarity in family court. Yet, it was appropriate in this case. My initial perspective was to dissuade the client from asking for sole legal custody. After all, my job was to set realistic expectations and keep her grounded. Right? No, my job was to LISTEN to her and HEAR how this event impacted both her and her son. I just told her story or helped her tell her own story. The Court took it from there and they got it right.
— Elizabeth Srinivasan,
Esq.
I assisted my client in conveying her condominium in Chester County to a non-profit corporation that provides housing primarily for single mothers and their children who are facing homelessness. This experience introduced me to this amazing non-profit organization and opened my eyes on the number of people in our community who struggle to secure and maintain a roof over their head. My experience with real estate law assisted both my client and the non-profit in providing a safe, clean place to call home for a family in need.
My first pro bono case (and there were hundreds to follow) resulted in my first trial on my own. It was a child custody case that I was asked to take by then Legal Aid of Chester County. At that time, custody cases were unregulated: no conciliation conferences; no discovery; no mandatory parenting classes; etc. A custody trial was a free for all. Robert S. Gawthrop III (Rob, or Robo), in this ninth month as a Common Pleas Judge, presided over the trial. Mother had a habit of sleeping in a car following fights with her mother (which was a few nights each week). She also took up residence with a young criminal with an extensive juvenile record. Father had a criminal record and was a known drug dealer. The trial was traumatic; a two-day nightmare. Following the proceedings, I had a case of post-trial depression. After I learned that Judge Gawthrop told my firm’s senior partner that I did a great job, I got over it immediately.
— Mark Blank, Esq.
2024Key Gala
The evening's Auctioneer, Bob Frame, CCBA President Don Lynn, attorney Jamie Goncharoff, and Executive Director Greg Nardi
By Maria Janoski, Esquire
The 2024 Chester County Bar Foundation Key Gala was held on May 16, 2024, and it was a success both in terms of money raised for charity and being a classy event. The planning committee decided to “shake things up” a bit by choosing a new venue: The Brandywine Museum of Art. This made for a new and fun type of gala because, instead of it being a formal sit-down dinner, attendees were free to wander three floors of the museum. There were excellent food stations on each floor at which delectable dishes were made to order. As a bonus, gala attendees were permitted to view the museum’s exhibits. This included exclusive access to the new Jamie Wyeth exhibit.
The evening, presided over by this year’s Bar Foundation President, Brian Nagle, Esq., was filled with good food, music, much conversation, and much traveling from floor to floor. Greg Ralls played piano, taking requests and accompanying any attendee who wanted to sing. (Some performances were better than others.) With everyone dressed in evening attire in a museum after hours, the event had a very Clue Board Game feel to it, which was heightened by a scavenger hunt throughout the museum. The festivities concluded with a live auction featuring memorabilia, gift baskets, and vacation getaways. All told, the Key Gala fundraised $80,000+ which will be awarded to local non-profit organizations.
CCBF President Brian L. Nagle
Brandywine Musuem of Art
Where do you live? West Chester.
What was your first job? Babysitting.
What word best describes you? Friendly (normally… :).
Where would we find you on a Saturday afternoon?
Doing housework that has been neglected all week long.
What is your favorite way to spend your free time?
Listening to music while working on projects around my yard and house (i.e., tinkering around with creative things that don’t involve legal research and writing… preferably outside!).
INITIAL CONSULT
Lauren Nehra, Esquire
YLD Chair-Elect
What is your greatest extravagance?
Going out to eat a lot.
What is your favorite vacation destination?
Of the places I’ve been; Maine. But I suspect—when I get there—it will be Australia.
What is your favorite food? Three-way-tie between perfectly-cooked scallops, celery with peanut butter, and Chinese takeout.
What is your favorite TV Show? More recently: The Amazing Race. Of all time: The Office.
What goals do you still have that you have not achieved yet?
I can sometimes be impatient in situations that don’t call for it; so I’m trying to work on being a more gracious and patient person.
What is your favorite website? Fy!
What would you be if you were not a lawyer? I would run a summer camp for kids.
What is your favorite thing about the bar association?
So many fun social opportunities to get to know other lawyers, judges, and members of the local legal community! lnehra@utbf.com
What is a little-known fact about you? I hate mice/rats.
Who is the person you are most interested in meeting? Abraham Lincoln.
What was the last book you read?
The Berenstain Bears Go to Camp (which I had to read to my niece and nephew twice before they’d finally go to sleep…!).
What is something people would be surprised to hear about you?
I think, just because I’m a lawyer and I like to read, it would be that I’m horrible at spelling. Just absolutely atrocious at it. (As in, I had to look up how to spell “atrocious”) .
Lauren’s cats Pork Chop and Hazelnut.
Advertise in Chester County New Matter, the Official Publication of the Chester County Bar Association of Chester County, PA.
New Matter focuses on national, state and local matters that affect the practice of law within Chester County, and activities of the Bar Association and its members that contribute to the welfare of Chester County communities.
Chester County Residents and Nearly 1,000 Chester County Attorneys
