JACQUELINE M. REYNOLDS, ESQ. | STEPHEN G. YUSEM, ESQ.
Hon. Mason Avrigian | Robert A. Bacine, Esq. | John P. Elliott, Esq.
Gregory R. Gifford, Esq. | JAmes L. Hollinger, Esq. (D) | Hon. Mark
KATE m. HARPER, ESQ. | JOHN R. HOWLAND, ESQ.
KATHLEEN E. IMBESI, ESQ. | BERNADETTE A. KEARNEY, ESQ. | JOSHUA J. KNEPP, ESQ. | ROBERT A. KORN, ESQ.
JAMES F. MANNION, ESQ. | J. SCOTT MAXWELL, ESQ. | Bernard J. McLafferty, Esq. (D) | Samuel D. Miller III, Esq. (D)
Carolyn R. Mirabile, Esq. | Paul G. Mullin, Esq. | John O’Rourke, Jr., Esq. | Michelle R. Portnoff, Esq. | Mary C. Pugh, Esq.
Bernard F. Siergiej, Esq. | Richard A. Simon, Esq. | Edward A. Skypala , Esq. | Barbara M. Smith, Esq. | Leno P. Thomas, Esq.
Hon. Arthur R. Tilson | Karen Ann Ulmer, Esq. | Hon. Kelly C. Wall | Marvin L. Wilenzik, Esq. | Seth D. Wilson, Esq.
MONTGOMERY BAR ASSOCIATION
Serving the Profession and the Community since 1885
2024
OFFICERS
Lisa A. Shearman, Esq., President
Justin A. Bayer, Esq., Immediate Past President
Seth D. Wilson, Esq., President-Elect
Colin J. O’Boyle, Esq., Vice President
Hon. Joseph P. Walsh, Treasurer
Mary Kay Kelm, Esq., Secretary
SIDEBAR COMMITTEE
Chairs
Gary J. Friedlander, Esq.
Franqui-Ann J. Raffaele, Esq.
Jules Mermelstein, Esq.
Vice-Chair
Gregory Gilston, Esq.
MBA STAFF
Hazel Bergquist, Accounting Manager
Jessica Deazle, Lawyer Referral Service and Front Office Coordinator
Jessica Gambone, Montgomery County Law Reporter Desktop Publisher
Jim Mathias, Director of Marketing, Development, and Public Affairs
Joe Schiele, Facilities
Sherry Sutton, Membership Coordinator
Denise S. Vicario, Esq., Executive Director
Megan Ware, Event and CLE Coordinator
Sandy Whittington, Accounting
The SIDEBAR Committee invites articles and news information of interest. Please send content to: MBA, c/o SIDEBAR Committee, P.O. Box 268, Norristown, PA 19404-0268 or email: sidebar@montgomerybar.org.
Lisa A. Shearman, Esq.
Montgomery Bar Association 2024 President
PRESIDENT’S MESSAGE
As I am sitting down to write this article I have just returned from our Bench Bar Conference in Annapolis, and I am happy to report it was a wonderful weekend of friendship and camaraderie. While I particularly love the fall in Annapolis, we were treated with amazingly warm weather, which allowed everyone to enjoy all that the historic town offers. We spent time sitting by the water, walking the streets of Annapolis and for some, the tour of the United States Naval Academy by two Mount Saint Joseph’s alumni that are current USNA midshipmen was particularly special. Saturday was especially memorable. Saturday morning we had two notable speakers. Our own President Judge Carolyn Tornetta Carluccio provided the State of the Judiciary and an update on our new Justice Center. Our keynote speaker was Vice Admiral Nancy Lacore, Chief of Naval Reserves. She gave us a glance into her committed life and career in the Navy. Her insightful presentation reminded us of the protections and presence the Navy provides to enable us to enjoy the weekend that we did. It was daunting and inspiring to have her share her experiences. Our Saturday evening dinner was held at the Navy-Marine Stadium. It was a lively night highlighted by mounds of hard shell crabs, a fantastic band and great memories. I am so thankful for the tireless work of our MBA Team to make the weekend a smashing success!!
Fall has always been my favorite season. Growing up in Northeast Pennsylvania, we were surrounded by the glistening and vibrant fall foliage. It earmarked the season of cooler weather, bonfires, hay rides and lots of apple treats. We are fortunate in Montgomery County to also have lots of fall activities throughout the county. The crisp temperatures are a great time to get out and enjoy the scenery and outdoors, including our Wellness Walk on October 23rd in Glenside.
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MONTGOMERY BAR ASSOCIATION
BUSINESS HOURS:
Monday thru Friday
8:30 AM - 4:30 PM
ADDRESS:
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P.O. Box 268, Norristown, PA 19404-0268
PHONE AND FAX:
Phone: 610-279-9660
Fax: 610-279-4321 & 610-279-4846
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By the time this article comes out we will be well under way into the Fall, and there is a lot of activity going on at the MBA. If you haven’t been to the MBA in recent months, stop by and check out our new resident Jaguar. As part of the Elmwood Park Zoo’s centennial anniversary, she is visiting and greets all our visitors while keeping a watchful eye on our historic building. With all of the upcoming meetings, events and CLEs, I am sure you will get the chance to meet her.
Fall is a great time to reenergize and look at all our MBA and Foundation offers. This issue emphasizes all of the good work that our Foundation does. Many of our community partners rely on the financial and volunteer support our members and our Foundation provide. There are so many ways you can get involved, whether it is volunteering when you can, or providing a financial donation. As I said at the outset of my Presidency, I believe we all have a responsibility to pay it forward. I hope everyone finds a way to make an impact, however large or small. Every donation of your talents or gifts makes a difference and is revitalizing.
If you did not have a chance to attend the YLS presentation on NIL in which we partnered with the Andy Talley Bone
Marrow Foundation, I would encourage you “get swabbed” and be included on the bone marrow donor registration. My daughter, already on the registration rolls, was recently matched with a patient and may directly impact his or her life. Participating in their mission is an easy but powerful way to get involved and possibly help someone with a life threatening condition.
November and December will be here before we know it and will round out my year as President! First, let’s not forget our civic responsibilities and the power of our vote! Tuesday, November 5th is Election Day. Get out and vote! If you want to get more involved, the Pennsylvania Bar Association, American Bar Association and Pepper Center are spearheading initiatives to recruit volunteer attorneys and law students to be poll workers.
Check out the calendar for the 50-Year Member Celebration, the Naturalization Ceremony, meetings and CLEs before the December deadline. Then join us for our first Jingle Mingle on December 18th at Bridgets in Ambler. It is going to be a festive “all member and guest” fun filled holiday bash. It will be a night to remember before we close 2024!!
ETrial Lawyers Section
By Nathan M. Murawsky, Esq., Chair, Trial Lawyers Section
arly in my legal career, I have a vivid recollection of appearing at a pretrial conference in a case involving multiple attorneys. When a date certain was being selected, one of the other attorneys had a conflict in a neighboring county for the same date. The response from the judge was to comment on the vast number of attorneys at that lawyer’s firm and how certainly another “competent litigator” could be found to handle the case. No continuance was provided, and the case was listed. Fast forward to a few months ago, when one of my colleagues was faced with the same situation, attempting to get a date certain for trial. One of the other attorneys informed the judge of the client’s (and carrier’s) express demand that only that senior attorney try the case. The result? A date certain was provided, but almost a year in the future.
Repeatedly, I have heard from both my fellow trial lawyers as well as the bench about the potential gap of truly trained “trial lawyers.” Whether due to the increase in alternative dispute resolution, client/carrier demands, or other factors, many younger attorneys simply are not getting the day-to-day experience needed to be ready to try cases. As many of us know, handling depositions and sitting second chair is important, but nothing can truly prepare you for trial work other than first-hand experience. The concern, of course, is that years down the road, our court system will be full of cases
without truly well-versed trial attorneys to try them. We all likely know that attorney who recently retired because they were unable to maintain the hectic nature of trial after trial and didn’t have the support needed from other experienced attorneys to relieve some of the work.
Regardless of which side of the fence you practice on, the balance of your ethical duty to zealously represent your client can directly conflict with a younger, less-experienced attorney getting trial work. A mentor of mine once said when it came to cases, “You treat a Chevy like a Chevy, and a Mercedes like a Mercedes, and you don’t let your 16-year-old drive the Mercedes” – the clear meaning being that the young trial attorney has to earn the right to try the better cases, and you can dish off the lesser cases to the young attorney to cut his/her teeth. Sounds great in theory, but in the absence of a massive volume of cases, the practice is much more difficult.
Consequently, it is even more incumbent upon those of us with experience to make all attempts to involve and support the next generation of trial lawyers. For those of us working on contingency fees, the immediate financial impact is not as severe as with hourly clients, where the younger attorney’s time is somehow passed on to the client or needs to be written off. But when possible, it is part of the learning process that needs to be done
to ensure the quality of lawyering in the courtroom.
Aside from the actual experience gained at trial, there are other ways to assist in the development of trial practice. One such method, and perhaps underutilized here in Montgomery County, is the ability to sit as an arbitrator, which I encourage all of us to make part of our practice. Watching other attorneys put on a case, cross a witness, and submit evidence can be a good tool to see what works and, candidly, what does not. Arbitrations span all varieties of law, from contract to personal injury matters, and provide the opportunity for any young lawyer to see a plethora of lawyering styles.
Please contact the Montgomery County Court’s Arbitration Assistant, Gabriella Gliwa, at Gabriella.Gliwa@ montgomerycountypa.gov or 610-2783221 if you are interested in serving as an arbitrator.
The fact is, I believe we have a wealth of excellent trial lawyers here in Montgomery County, and I would put our attorneys up against anyone else without hesitation. However, unlike the big firms in Philadelphia or the national firms, the training of future trial lawyers falls on our shoulders that much more heavily, and in light of the changing face of litigation, it is something we cannot lose sight of for the future of trial practice.
The Equity Stop
In the Pressure Cooker: Withstanding the Push to Abandon DEI Programs
By Ashley A. Garland, Esq.
It’s no secret that recent Supreme Court decisions on affirmative action, along with societal pressure, are impacting organizations’ commitment to Diversity, Equity, and Inclusion (DEI). Many businesses and organizations are rolling back DEI initiatives and programs to avoid consumer and government backlash. However, understanding the true goals and benefits of DEI initiatives is crucial to recognizing why they were needed in the first place and why they remain necessary today.
DEI in the workplace was borne out of the introduction of equal employment laws and affirmative action during the 1960s. The purpose was to help employees adjust to a workplace that was more integrated than ever before. While these initiatives initially focused on racial issues and gender equality, DEI broadened in the 1980s and 1990s to include various identity groups, such as ethnic, religious, and LGBTQ+ communities. Since then, DEI initiatives have continued to evolve in response to societal movements and events.
Despite criticism that DEI programs should be abolished— often citing concerns that these programs place unqualified individuals in positions based on identity group—effective DEI programs offer a multitude of benefits. For instance, research shows that DEI initiatives attract talent, reduce attrition, increase motivation and productivity, improve teamwork and financial performance, and increase innovation, among other benefits. The goal, therefore, should not be to eliminate these initiatives, but to ensure that they are implemented effectively and supported.
Businesses and institutions that choose to continue or initiate DEI programs moving forward should consistently measure the effectiveness of their programs and adapt to new ideas and updated research. Employers can take several steps to work toward having effective DEI programs. First and foremost, DEI programs should be implemented with a genuine commitment starting at the leadership level. If leaders don’t buy in, why should employees? Next, organizations must engage in aligning DEI goals with organizational goals and share those goals with the team. If team members don’t know what the organization aims to achieve, they cannot help the organization make progress toward those goals. Research also supports establishing mentorship programs that help develop leaders. Mentoring provides opportunities to build employees’ confidence and role-specific skills while fostering relationships that encourage long-term commitment to the organization. Finally, organizations need to assess their business culture and identify specific trainings to help team members identify biases and support the organization’s overall goals. Basic and broad trainings may not provide the skills specific teams need to support the organization’s DEI goals. Therefore, these trainings need to be directly tied to the needs of the teams and the organization’s goals.
The pressure to eliminate DEI programs continues to boil over. Undoubtedly, some organizations will roll back their DEI initiatives to appease certain consumers, critics, and investors. However, for those organizations that withstand this pressure, there is much to be gained from a genuine and sustained commitment to DEI when these programs are effectively implemented.
Get Ready for Pro Bono Month
TBy Timothy Knowles, Esq., and Kathryn M. Palladino, Esq.
he Pro Bono, Access to Justice, and Community Service Committee had a busy spring and summer. On April 20, 2024, we staffed a table at the International Spring Festival at North Penn High School. We spoke to attendees about the many community programs offered by the Montgomery Bar Association (MBA) and Legal Aid of Southeastern Pennsylvania (LASP).
We held our regular meeting on August 8, 2024. Members shared ideas on year-end initiatives and programs. On August 21, 2024, we held a CLE at the bar building on the Lawyering Up Program. This program pairs MBA attorneys and Villanova law students with LASP clients in need of expungements and simple estate planning documents. As a trial of the program, committee co-chair Tim Knowles prepared a simple will for a LASP client. Anita Seth, co-chair of the Criminal Defense Committee, helped a LASP client with an expungement. Keep your eyes open for future pro bono opportunities through the Lawyering Up Program.
Looking forward, October is Pro Bono Month. We will be hosting a CLE and awards ceremony on October 30, 2024, at 3:00 p.m. at the bar building. The Keystone Attorney Award will be presented to any attorney who performed 50 or more hours of pro bono work or community service during the year. To be eligible, be sure to enter your volunteer and pro bono hours on the MBA’s pro bono webpage. In addition, our year-end donation drive is in the works. Keep a lookout for that opportunity.
If you’d like to get involved, contact committee co-chairs Kate Palladino (kpalladino@lasp.org) or Tim Knowles (tknowles@wmpalaw.com). We’re both really kind.
MIntroducing My Benefit Advisor Creating “Cool” Job Perks for Employee Inspiration
ost business owners will agree that maintaining employee happiness is a key factor in working to achieve overall success in their business operations. Although there are many complexities involved in achieving this goal, creating a positive corporate work culture through the offering of unique and desirable job perks has proven successful for many companies. With the proper selection of incentives, individuals within the workforce are more likely to feel part of a larger team and appreciated for their contribution to the common goals of the organization. As a result, human resource personnel will find it easier to both attract and retain necessary talent.
Of course, salary increases and bonuses are welcomed by nearly all employees. But going beyond that to find more unique and impactful benefits or perks targeted to a particular workforce requires benefit planners to understand the demographics and needs of their employees. An easy way to discover the priorities and interests of employees is simply to ask them through one-on-one interviews, group meetings or surveys.
An engaged workforce is a more productive workforce. Perks that create motivation among employees will reduce turnover and help increase productivity.
Here are a few ideas for “cool” perks that have been successfully utilized by companies:
1. Occasional “free food” or “snack giveaways”
2. An elimination of official work hours
3. In-Office professional training programs
4. Family-focused benefits
5. Onsite health services
6. Childcare discounts or on-site childcare facilities
The Montgomery 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 montba.mybenefitadvisor.com or contact Ray Keough at (610) 684-6932.
HMCAP Happenings
MCAP Celebrates Mary C. Pugh, Esq.
By Mary J. Anders, Deputy Executive Director of MCAP
ow do we define a leader? We can look to many influential people throughout the world and over the years and pick so many examples: Martin Luther King, Jr., Ghandi, Winston Churchill, and Sandra Day O’Connor, just to name a few. We may ask ourselves, was the person a leader because of the position they held or was it something else? After doing some research on what qualities define a good leader, I think the following three points best sum up a successful leader:
1. Someone who inspires passion and motivates those around them.
2. Someone with a vision who can define a path forward to realize it.
3. Someone who supports their team and makes sure they have the tools to be successful.
I’m sure we all know people like this in our families, communities, and workplaces. I know I do, and her name is Mary Pugh.
As MCAP celebrates its 20th anniversary of serving the needs of child victims of abuse, neglect, and trafficking in the legal and social service arenas, the first name that always comes to mind for most of us is Mary Pugh. Since May 1, 2006, Mary has devoted literally countless hours to serving these at-risk kids. She gave a voice to thousands of kids who otherwise would have been silenced. There are cases that make us cry, some that make us scratch our heads and think “How could this happen to a child?,” and some that make us think “why am I doing this? Am
I really making a difference?” To say Mary has made a difference is an understatement. From the worst cases when she didn’t think she wanted to take any more, to the best cases when a child finally gets their forever home with loving parents, Mary has been the guiding light to these kids in darkness. I’ve seen her help kids with college applications when she no longer represents them or help a struggling mom whose car got towed when she brought her kids to MCAP for an interview before trial or give a kid money from her own pocket when they wanted to buy their foster parents something for Christmas. Mary has walked the walk.
As if working thousands of cases wasn’t enough, Mary has argued before the Pennsylvania Supreme Court to reform laws that give children placed outside of their homes access to services and shape case law to address the needs and welfare of children. She’s been asked by other
attorneys in many counties throughout the Commonwealth to participate in briefs as a Friend of the Court because she is so well known and respected. She does her research and backs it up with her knowledge, training, and experience. Her opinion matters because she knows more about the Child Protective Act than most attorneys. Who wouldn’t want an expert like her in their corner?
A major part of MCAP’s mission is to prevent child abuse through education and awareness. In 20 years, MCAP has hosted and participated in over 1,000 educational seminars to raise awareness about abuse and resources available to children and their families. Mary has conducted the majority of those trainings not only in Montgomery County but all over Pennsylvania.
Every day, Mary talks to attorneys trying to recruit them to work as pro bono lawyers for MCAP. She’s always trying to find “just one more.” As she often says, she’s a professional whiner and beggar. As with a lot of other agencies, the ripple effect of COVID has hit us hard. At our highest prior to COVID, we had 120 volunteer attorneys. Today we are at 60 after much finagling and wrangling by Mary Pugh to bring that number up. To be fair, attorneys really don’t stand a chance when she’s talking to them face-to-face. She says how great they would be as an MCAP lawyer and within minutes they are contemplating becoming a volunteer at MCAP.
In 2020, two young girls J (3) and A (5), came to the attention of MCAP malnourished, underweight, without proper medical and dental care while living with their drug-addicted parents. For almost 2 years, their mother and father tried to get clean and sober. Sadly, their father died of an overdose and their mother returned to the streets selling drugs to get her supply. Ultimately, with the help, guidance, and support of the MCAP, the girls were adopted by their aunt and uncle and live in a loving, safe, and nurturing home. They are healthy, enjoy school, and most of all feel the peace and love they need for emotional nourishment. Their Aunt J said on Adoption Day “I do not think we could have waited so long for this day without the help and guidance of Mary, our MCAP. She always told us not to give up hope.” I recently reached out to Aunt J, and she was so happy to hear that Mary was retiring and taking time to enjoy life with her family. “Mary is truly an amazing person put here by God
to save lives. If it wasn’t for Mary and her love and dedication to these children, we would not have been able to adopt the girls and get them the services they need. She never backed down from the many legal battles we had to fight, and she gave 150% to our family. We could never thank Mary enough for what she did for us. We love you Mary - happy retirement, you earned it!”
There are so many ways to say thank you, but I don’t know if there are enough words in any dictionary to thank Mary Pugh for everything she’s done for the
past 18 years. I would also be remiss if I didn’t thank Mary’s family, especially her wonderful husband, Bill, and her amazing daughters, Allie, Meg, Katie, and Lauren. Thank you for sharing your wife and mother for all these years – for all the late nights, weekends, and “working vacations,” when she had to work, take phone calls, meet with another kid. She could not have meant so much to so many of us without your constant love and support.
The reason Mary can leave MCAP now and feel okay about her decision is because by being such a strong, dedicated, indomitable leader she’s left us in such a good place. Her legacy will be that MCAP will continue for another 20 years and beyond.
So, it’s not “Goodbye” to Mary Pugh, it’s just “We’ll see you soon” – probably at the Court House and definitely at MCAP events.
FULL CIRCLE: From a Robert E. Slota Diversity Program Law Student to a Slota Attorney
By Niayla-dia Murray, Esq.
As I reflect on my journey from law student to practicing attorney, I am reminded of the pivotal role the Robert E. Slota Diversity Program played in shaping my career and how I watched it shape the future careers of students I oversaw this past summer. During my first year at Drexel University’s Thomas R. Kline School of Law, law school felt like an alienating experience. It was the height of the pandemic, and the only solace I found was in the Black Law Students Association (BLSA). Despite my best efforts, I was just 0.1 shy of a 3.0 GPA—a fact that loomed large as I applied for internships during my 1L summer.
As a Philadelphia native who grew up in Roxborough and frequented the Plymouth Meeting Mall, I was familiar with Montgomery County. However, I had not yet connected with its legal community. My career services office recommended the Slota program, but I was initially hesitant. After being repeatedly told, “You’re a great student according to your recommendations, but you don’t have a 3.0,” I felt demoralized. The Slota program, however, became a breath of fresh air, thanks to Nancy Walsh and the Montgomery Bar Association (MBA). This experience transformed my 1L year and set the foundation for where I am today as an attorney.
The program not only connected me with my current law firm—Kane Pugh Knoell Troy and Kramer—but also immersed me in civil litigation assignments that allowed me to develop the critical skills and connections I have today. I left the program
better prepared to tackle my 2L and 3L years and take advantage of new opportunities. The experience also gave me insight into the broader legal landscape, especially as one of a few Black attorneys. Black attorneys make up only 5% of all practitioners, with even fewer being Black women.
After graduating, I passed the bar and returned to Kane Pugh after exploring different areas of law. But one thing was clear: I wanted to stay involved with the Slota program, this time as an attorney and/or mentor. I knew what it was like to be a struggling law student, to be judged on the detriment of a GPA, and to be different from the conventional population of law students. I was determined to give back by becoming a mentor.
This desire came full circle when my firm shared an intern, Wyatt Harper, with the Pile Law Firm. Wyatt’s eagerness and dedication reminded me of my own experiences as a 1L. Seeing Wyatt’s growth and the impact of his work not only on me but on others in our firm reinforced how crucial the Slota program is—not just for promoting diversity, but also for building a strong, supportive community.
The Robert E. Slota Diversity Program is more than just an internship—it’s a bridge to the future. It prepares students to enter the legal profession with confidence, skills, and connections that will serve them throughout their careers. As a participant, it shaped my path as an attorney. As a mentor, it has given me the opportunity to help shape the paths of the next generation of diverse lawyers.
Young Lawyers Section
Fall in Love with the Foundation: A New Holiday Celebration
By Robert Sebia, Esq., Chair, Young Lawyers Section
The holiday season will soon be upon us, and we are excited to announce a notable change to our annual holiday festivities. Earlier this year, the chairs from all the sections met with MBA Staff to discuss a shift from individual section holiday parties to a single bar-wide event. The result of that planning will be the Inaugural “Jingle Mingle” at Bridgets in Ambler. This new format brings our entire bar association together and offers a unique opportunity to support a worthy cause: the Montgomery Bar Foundation.
Join us on December 18th for a memorable evening filled with camaraderie, laughter, and joy as we celebrate the holiday season together. In addition to the new format, we are also introducing a special “Golden Ticket,” which grants you exclusive access to a private open bar during the event with a portion of the proceeds from the Golden Ticket sales directly benefiting the Montgomery Bar Foundation.
This combined holiday party is more than just an event; it’s a chance to come together, share our passion for the law, and make a meaningful impact. By participating, you’ll not only be celebrating the season but also contributing to programs that support justice and community service.
We look forward to celebrating with you and making this holiday season one to remember!
Save the date, grab your Golden Ticket, and let’s make a difference together this holiday season!
Legal Aid Golf Classic
THANK YOU to the
Montgomery Bar Foundation & Montgomery Bar Association, Sponsors, Golfers & Supporters
LAFAYETTE HILL - A fantastic 2024 Legal Aid Golf Classic is in the books. Legal Aid of Southeastern PA offers a huge THANK YOU to host Montgomery Bar Foundation and the amazing team at the Montgomery Bar Association, sponsors, golfers, and reception-goers.
A strong breeze on Monday, June 24, swept away the weekend heat and humidity for a beautiful day at Green Valley Country Club in Lafayette Hill.
At an evening cocktail reception, MBF officers recognized Presenting Sponsors Hamburg, Rubin, Mullin, Maxwell & Lupin, P.C., and High Swartz, along with all other sponsors.
Jacqueline M. Reynolds, MBF President & attorney with Marshall Dennehey, presented two awards to individuals for outstanding contributions. She stated, “For over 30 years, the Foundation, through the efforts of its Fellows, as well as the attorneys who are part of the Montgomery Bar Association, has been advancing the mission…which is to improve, facilitate, and support justice and fair treatment for all; in other words, to provide access to justice.”
The MBF honored Norristown Police Officer Edward Butterworth and Cary Flitter of Flitter Milz.
By Marion Hoffman Fraley, Communications Director, Legal Aid of Southeastern PA
continued on next page >
Legal Aid Golf Classic
Continued from page 15
Officer Edward Butterworth Receives Hon. Louis D. Stefan Law Enforcement Award
The first award was the Hon. Louis D. Stefan Law Enforcement Award, which is given to a Montgomery County law enforcement official who exceeds the scope of their duties in promoting the rule of law and administration of justice. Norristown Police Officer Edward Butterworth received this year’s award for his actions on Sept. 4, 2023, when he saved a father and daughter from drowning after their truck went off a boat ramp into the Schuylkill River. “Without thought for anything other than saving the father and daughter, Officer Butterworth jumped into the river and swam out rather than go back to safety,” Reynolds noted.
Cary Flitter Honored with Milton O. Moss Award
The Milton O. Moss Award recognizes an individual who dedicates themselves to the mission of improving, facilitating, and supporting justice and fair treatment for the citizens of Montgomery County. In announcing the award, Reynolds said, “Cary Flitter is not only a highly respected attorney who specializes in consumer law, but he’s also a selfless individual who supports the MBF mission of providing access to justice by dedicating his time, energy, and expertise by volunteering at our events.”
In his acceptance remarks, Flitter said, “It’s an honor to receive this award. And really, it’s an honor for each of us here to be admitted to the practice of law and represent our clients and appear before the court. …Our goal is to pursue justice. And that’s really the mission of the Montgomery Bar Foundation, to make justice available – because justice can be expensive. Most clients in the practice of consumer law don’t have the money themselves to hire a lawyer. The Montgomery Bar Foundation, the charitable arm of our bar association,
exists to advance the cause of justice and provide access to justice. A majority of the grants of the MBA and the MBF are in some fashion to permit access to justice. And today, we honor Legal Aid of Southeastern Pennsylvania and Shawn Boehringer and the great work that they do on behalf of low-income individuals.”
Flitter noted, “We have a challenge ahead of us. Candidly, the donations to the Montgomery Bar Foundation…have not been particularly strong in recent years. The board does a great job but…can only make grants based on money coming in.” He encouraged attendees, “Find a way to contribute a minimum of $500 a year to the MBF. If each of us here, and across our bar association, contributed $500 a year, we would be in much better stead and we’d be able to provide access to justice for really hundreds or thousands more low-income people across the county.”
Karen F. Angelucci kangelucci@sogtlaw.com
Samuel J. Juliani sjuliani@sogtlaw.com
Wendy Fein Cooper wcooper@sogtlaw.com
Zachary R. Dolchin zdolchin@sogtlaw.com
Brian R. Price bprice@sogtlaw.com
William J. Stein wstein@sogtlaw.com
ATTORNEY DISCIPLINARY AND ETHICS MATTERS
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
IMONTGOMERY BAR FOUNDATION
By Jacqueline M. Reynolds, Esq., Montgomery Bar Foundation President
am ten (10) months into my first year as the President of the Montgomery Bar Foundation. My position with the Montgomery Bar Foundation, although similar to other positions that I have had, has been rewarding in a different way. Specifically, there is absolute joy in working with my fellow Trustees to channel the giving power of the generous members of the Montgomery Bar Association to Montgomery County citizens in need. The Montgomery Bar Foundation is the charitable arm of the Montgomery Bar Association. When the members of the Montgomery Bar Association donate money to the Bar Foundation, it allows for more substantial grants to be given to nonprofit organizations, whose sole purpose is to help Montgomery County citizens in need.
In addition to facilitating the power of collective giving, there is the joy of witnessing the incredible “pay it forward” generosity of our Montgomery Bar Association members. In my last article, I highlighted the generosity of Cary Flitter, Esquire, Robert Morris, Esquire, and Bruce Baldwin, Esquire. The generosity that these individuals have demonstrated and modelled has motivated and inspired others to donate to the Bar Foundation.
For those of you who attended the 2024 Legal Golf Classic, you had the opportunity to witness the inspiration in action. The Legal Golf Classic is held every year to raise money for Legal Aid of Southeastern Pennsylvania. In the past couple of years, the Montgomery Bar Foundation awards for the Honorable Louis D. Stefan Law Enforcement Award
and Honorable Milton O. Moss Public Service Award have been given during the reception. The Honorable Louis D. Stefan Award is given to a law enforcement member who promotes the rule of law and administration of justice. The Honorable Milton O. Moss Public Service Award is given to a Montgomery County resident who has provided exceptional service in support of the justice system. This year, the Honorable Louis D. Stefan Law Enforcement Award was given to Norristown Police Officer Edward Butterworth, Sr., who rescued a father and daughter from drowning after the vehicle they were in became submerged in the Schuylkill River. Upon receiving his award, Officer Butterworth selflessly donated his monetary award back to the Montgomery Bar Foundation.
The Honorable Milton O. Moss Public Service Award was given to Cary Flitter, Esquire, for his work as a lawyer helping others. Cary graduated from Central High School and received his degree in finance from Philadelphia University. He received his law degree from Delaware Law School of Widener University, and graduated from the National Institute of Trial Advocacy from Trial Lawyers College. He is the founding partner of the firm Flitter Milz, P.C. and a highly respected expert in consumer law. He has brought dozens of consumer class actions against banks and credit unions, challenging their vehicle repossession practices, and preventing citizens from having their vehicles repossessed. Cary has made a career of giving back to his clients and his community. Upon receiving his award, and
in a pure act of altruism, Cary donated his monetary award back to the Montgomery Bar Foundation and then challenged all those present at the reception to match his donation. As a result of Cary’s challenge (and what attorney does not like a challenge?), the donations flowed. The Montgomery Bar Foundation raised approximately $30,000 from the Legal Golf Classic. Through the examples in generosity of Officer Butterworth and Cary Flitter, approximately $4,500 in additional funds was raised.
The funds raised to date have allowed the Montgomery Bar Foundation to give grants in an unprecedented amount. In 2024, the Montgomery Bar Foundation will be giving a total of $100,000 in grant money, including $20,000 to MCAP in celebration of their 20th anniversary.
The grant recipients range from ACLAMO to the Norristown Hospitality Center. Last year, ACLAMO, headed up by Nelly Jimenez-Arevalo, received $6,000 in grant money, which allowed them to serve 21,274 Hispanic-speaking clients and provide legal assistance. Of particular interest, in the Spring of 2024, ACLAMO organized a notable series of clinics on immigration, focusing on the Venezuelan redesignation for TPS.
Another worthy recipient of a Foundation grant is the Norristown Hospitality Center headed by Sunanda Charles. The Center received $6,000 and utilized their grant to make legal services accessible to 200 homeless persons with legal issues that have become barriers to stability. The Center hosted 14 legal clinics in partnership with the Episcopal Legal
Montgomery Bar Foundation Grant Recipients What YOUR donations Support 2023
ACLAMO Family Centers was able to improve accessibility of Hispanic cultural legal assistance and proactive identification of immigrant legal needs and non-related nonlegal needs by attorney advocates lead to increase access to justice for 200 new clients.
Aid and Legal Aid of Southeastern Pennsylvania. Through their legal clinic, they were able to open 31 cases wherein clients were represented in landlord-tenant, Family Law and Social Security matters, along with, addressing criminal and personal injury questions which were then referred out to other attorneys. Overall, the Center helped 100 clients.
The above outlines only a few examples of how the grants provided by the Foundation impact Montgomery County nonprofit organizations. At right, the good works of the grant recipients are discussed in further detail. These grants are possible through the generosity of the Bar’s members through the Foundations’ Fellows Program. If you are not already a Fellow, I urge you to sign up today via the QR code below. If you are already a Fellow – Thank you!
In my last article, a goal to raise $70,000 was set. As we head into the last quarter of 2024, and in the spirit of Cary Flitter, Esquire, the Foundation challenges the legal community to help us meet our goal by becoming a Fellow and donating to the Foundation. We look forward to collaborating with our fellow Officers of the Court, and anyone else who is willing to join us, in making Montgomery County number 1 in providing individuals with access to justice.
Join the MBF Fellows Program
Family Promise of the Mainline supported case management and legal advocacy services that help families continue their progress toward stability.
Family Services of Montgomery County provided Critical Time Intervention (CTI) case management to one hundred (100) reentrants who are returning to Montgomery County following their incarceration and assisted them in obtaining resources needed for successful reentry.
Laurel House served 725 individuals with the DART (Domestic Abuse Response Team) Program with services in collaboration with police departments, hospitals and other healthcare facilities.
Legal Aid of Southeastern Pennsylvania represented low-income Montgomery County residents facing housing-related legal problems such as eviction, foreclosure, and loss of publicly funded housing benefits. Housing related legal services were provided to about 1,000 low-income people.
Mission Kids Child Advocacy Center launched its Lived Experience Board, holding its first meeting in June 2024. The insights, recommendations, and feedback shared by this Board will only improve how MK continues to serve child victims in Montgomery County for years to come.
Norristown Hospitality Center aka Norristown Ministries, Inc. was able to host 14 legal clinics onsite in partnership with the Episcopal Legal Aid and Legal Aid of Southeastern PA. Norristown Ministries, Inc. was able to open 31 cases between July 1, 2023 & June 30, 2024.
SeniorLAW Center was able to provide essential civil legal services, counseling, advice, information, and referrals on a diverse array of legal concerns through the SeniorLaw Center Helpline. The Helpline is a unique service that addresses the unmet legal needs of people across Pennsylvania.
Victim Services Center of Montgomery County, Inc. was able to help people increase their knowledge about their rights under the law of the PA Basic Bill of Rights for Victims and thus be able to navigate the legal system as well as seek other resources to improve their safety and quality of life.
Women’s Center of Montgomery County through their highly trained and qualified advocates assisted domestic violence survivors who need their support and services in navigating the complexities of the legal system toward a goal of safety and stability.
Your Way Home –Montgomery County supported free legal services to low-income, unrepresented tenants facing eviction in the Montgomery County Magisterial District Justice Courts. Those services provide tenants whose hearings are scheduled with Magisterial Judges who chose to participate in the Eviction Prevention and Intervention Coalition (EPIC), an eviction prevention program overseen by the Montgomery County Office of Housing and Community Development.
We gratefully acknowledge the Montgomery Bar Foundation Fellows for their generous support:
GOLD FELLOWS
Cary L. Flitter, Esq. Steven H. Lupin, Esq.
Hon. Mason Avrigian
Robert A. Bacine, Esq.
John P. Elliott, Esq.
Gregory R. Gifford, Esq.
James L. Hollinger, Esq. (D)
Hon. Mark A. Kearney
William L. Landsburg, Esq.
Donald J. Martin, Esq.
Janet E. Amacher, Esq.
Maribeth Blessing, Esq.
William H. Bradbury, III, Esq.
Hon. Carolyn T. Carluccio
Hon. S. Gerald Corso
Jimmy C. Chong, Esq.
Amy P. De Shong, Esq.
Mary Cushing Doherty, Esq.
David A. Feldheim, Esq.
Virginia Frantz
Alfred M. Abel, Esq.
Robert L. Adshead, Esq.
Hon. Kent H. Albright
Deborah L. Arbuckle, Pa.C.P.
Frank Robert Bartle, Esq. (D)
Paul Baker Bartle, Esq.
Jeffrey P. Bates, Esq.
Justin A. Bayer, Esq.
Michelle C. Berk, Esq.
Joel B. Bernbaum, Esq.
Douglas R. Blazey, Esq.
Thomas A. Boulden, Esq.
Melissa M. Boyd, Esq.
Sharon Weber Bradley, Pa.C.P.
Geoffrey D. Brandon
Michelle A. Calkins, Pa.C.P.
Andrew B. Cantor, Esq.
Lisa J. Cappolella, Esq.
Robert W. Cardwell, Jr., Esq.
Lindsay Childs, Esq.
Jimmy Chong, Esq.
Dawn M. Cinaglia, RP
Hon. Daniel J. Clifford
Christina J. Corr, Esq.
George C. Corson, Jr., Esq. (D)
Lorie Dakessian, Esq.
Hon. Thomas M. Del Ricci
Hon. Wendy Demchick Alloy
Edward J. DiDonato, Esq.
J. William Ditter, Jr., Esq. (D)
David Dormont, Esq.
Hon. Calvin S. Drayer, Jr. (D)
M. Cathlene Driscoll, Esq.
Michael F. Dunn, Esq.
Elizabeth Early, Esq.
Hon. Todd Eisenberg
Kyle M. Elliott, Esq.
Thomas J. Elliott, Esq.
Obadiah G. English, Esq.
Steven F. Fairlie, Esq.
Kelly Menzano Fazzini, Esq.
Roberta Fedorka
Sarinia M. Feinman, Esq.
Jeffrey S. Feldman, Esq.
Jacqueline M. Reynolds, Esq. Stephen G. Yusem, Esq.
SILVER FELLOWS
Joseph B. Mayers, Esq.
C. Dale McClain, Esq.
Robert F. Morris, Esq.
J. Edmund Mullin, Esq.
Nancy R. Paul
Neal R. Pearlstine, Esq.
William H. Pugh, IV, Esq. (D)
William H. Pugh, V, Esq.
Michael F. Rogers, Esq.
Jack A. Rounick, Esq.
Lawrence Sager, Esq.
Mark C. Schultz, Esq.
Eric B. Smith, Esq.
Marlyn F. Smith, Esq. (D)
Neil Andrew Stein, Esq.
Marc Robert Steinberg, Esq.
BRONZE FELLOWS
Kate M. Harper, Esq.
John R. Howland, Esq.
Kathleen E. Imbesi, Esq.
Bernadette A. Kearney, Esq.
Joshua J. Knepp, Esq.
Robert A. Korn, Esq.
James F. Mannion, Esq.
J. Scott Maxwell, Esq.
Bernard J. McLafferty, Esq.
Samuel D. Miller III, Esq. (D)
Carolyn R. Mirabile, Esq.
Paul G. Mullin, Esq.
John O Rourke, Jr., Esq.
Michelle R. Portnoff, Esq.
Mary C. Pugh, Esq.
Bernard F. Siergiej, Esq.
Richard A. Simon, Esq.
Edward A. Skypala, Esq.
Barbara M. Smith, Esq.
Leno P. Thomas, Esq.
MBF FELLOWS
Hon. Risa Vetri Ferman
Jennifer L. Ferraro, Pa.C.P.
Ellen S. Fischer, Esq.
Mark R. Fischer, Jr., Esq.
T. Kevin FitzPatrick, Esq.
Craig J. Fleischmann, Esq.
Sarah M. Ford, Esq.
Jill R. Fowler, Esq.
Diane K. Foxman, Esq.
Gary J. Friedlander, Esq.
Hon. Susan Peikes Gantman
James J. Garrity, Esq.
Robert C. Gerhard, III, Esq.
Patrick J. Gibbons, Esq.
Jay H. Ginsburg, Esq. (D)
Harold M. Goldner, Esq.
Carole D. Green, Esq.
Stewart J. Greenleaf, Jr., Esq.
Hon. Richard P. Haaz
Richard J. Heleniak, Esq.
Hon. Henry S. Hilles, III
Mark F. Himsworth, Esq.
Emily Geer Hippler, Esq.
Rebecca A. Hobbs, Esq.
Jonathan T. Hoffman, Esq.
Marcia Binder Ibrahim, Esq.
David R. Jacquette, Esq.
James M. Jacquette, Esq.
Robert M. John, Esq.
Marc D. Jonas, Esq.
Edward F. Kane, Esq.
Mary Kay Kelm, Esq.
Sean P. Kilkenny, Esq.
Megan G. Knoll, Esq.
Timothy M. Knowles, Esq.
Andrew J. Kramer, Esq.
Marie H. Kramer, Esq.
Hon. Michael Krancer
Aimee L. Kumer, Esq.
Patrick J. Kurtas, Esq.
David L. Ladov, Esq.
Derek R. Layser, Esq.
Lynne K. Lechter, Esq.
Robert H. Lefevre, Esq.
Andrew J. Levin, Esq.
Annette M. Long Tulio, CRP, Pa.C.P.
Betty Lupo, Esq.
James R. Lynch, Jr., Esq.
Christopher D. Mandracchia, Esq.
Benjamin J. Mayerson, Esq.
Frank A. Mazzeo, Esq.
Richard P. McBride, Esq. (D)
Keith B. McLennan, Esq.
John I. McMahon, Jr., Esq.
Dennis R. Meakim, Esq.
Christopher H. Meinzer, Esq.
Jules J. Mermelstein, Esq.
Charles J. Meyer, Esq.
Eric C. Milby, Esq.
Kenneth P. Milner, Esq.
Andrew M. Milz, Esq.
Norman Mittman, Esq.
Hon. Bernard A. Moore
William Morrow, Esq.
Gerald J. Mullaney, Jr., Esq.
Martin P. Mullaney, Esq.
Paul G. Mullin, Esq.
Hon. Lois Eisner Murphy
Karl S. Myers, Esq.
Robert H. Nemeroff, Esq.
Amy S. Newman, Esq.
Hon. William T. Nicholas
Colin J. O ’ Boyle, Esq.
Merle R. Ochrach, Esq.
Albert C. Oehrle, Esq.
Joan Orsini Ford, Esq.
Ethan R. O Shea, Esq.
Hon. Stanley R. Ott
Jeanne Marie Ottinger, Esq.
Hon. Garrett D. Page
Bruce Pancio, Esq.
Marie A. Patterson, Esq.
Margaret S. Phiambolis, Esq.
Kenneth E. Picardi, Esq.
Charles K. Plotnick, Esq.
Philip D. Press, Esq.
Robert Connell Pugh, Esq.
Matthew Quigg, Esq.
Harvey F. Strauss, Esq. (D)
Leslee Silverman Tabas, Esq.
Paul C. Troy, Esq.
Ross Weiss, Esq.
Carl N. Weiner , Esq.
Karen Ann Ulmer, Esq.
Hon. Kelly C. Wall
Marvin L. Wilenzik, Esq.
Seth D. Wilson, Esq.
Heidi Reiss Tait, Pa.C.P.
Sheryl R. Rentz, Esq.
Lisa M. Rhode, Esq.
William G. Roark, Esq.
Hon. Thomas P. Rogers
Daniel G. Ronca, Esq.
Kenneth A. Roos, Esq.
Joel D. Rosen, Esq.
Rodman M. Rosenberger, Esq.
Hon. Wendy G. Rothstein
Randi Rubin, Esq.
Rebecca Sallen, Esq.
Hon. Jeffrey S. Saltz
Jonathan Samel, Esq.
William D. Schroeder, Jr., Esq.
Robert M. Sebia, Esq.
Lisa A. Shearman, Esq.
William W. Shimer, Jr., Esq.
Hon. Gary S. Silow
Hon. Joseph A. Smyth
Andrew D. Taylor, Esq.
Anthony P. Tinari, Esq.
Hon. Steven C. Tolliver, Sr.
Manrico A. Troncelliti, Jr., Esq.
Mark D. Turetsky, Esq.
Denise S. Vicario, Esq.
Peter M. Villari, Esq.
William W. Vogel, Esq. (D)
John F. Walko, Esq.
Hon. Joseph P. Walsh
Robert R. Watson, Jr., Esq.
Melissa Murphy Weber, Esq.
Aaron D. Weems, Esq.
Lester G. Weinraub, Esq.
Richard E. Wells, Esq.
Hon. Diane M. Welsh
Frederic M. Wentz, Esq.
Nancy Hopkins Wentz, Esq.
Eric P. Wilenzik, Esq.
Thomas G. Wilkinson, Esq.
Scott H. Wolpert, Esq.
Cheryl L. Young, Esq.
Hon. Arthur R. Tilson
MCAP Thanks the Montgomery Bar Foundation
By Mary C. Pugh, Esq.
024 is a momentous year for Montgomery Child Advocacy Project. We are celebrating the work of our MCAP staff and hundreds of MCAP attorneys who have provided free legal services to over 10,600 abused, neglected, and trafficked children in Montgomery County. We know that abuse does not discriminate as these children come from every city, borough, and township in the County and represent every race, religion, sexual orientation, gender identity, culture, and ethnicity. As we celebrate this milestone, we recognize our work is an ongoing collaborative effort with many people.
MCAP has been fortunate to partner with so many wonderful organizations and foundations which provide us with much needed financial support. One outstanding organization is the Montgomery Bar Foundation, the generous charitable arm of the Montgomery Bar Association.
Since 2005, the Montgomery Bar Foundation has supported MCAP with generous grants. These grants finance our general operations which include everyday advocacy for children, educational trainings for new and existing legal advocates, case management systems, insurance, and other important outreach endeavors.
Undoubtedly, the MBA and MBF have been vital partners of MCAP. We would be unable to advocate, educate, and collaborate with our stakeholders without their support. Each year we receive over 750 new referrals for children in crisis; these referrals do not reflect the ongoing cases which continue for multiple years. On behalf of MCAP and all of our children in Montgomery County, we thank and honor the MBA and the MBF for committing valuable resources to keeping kids safe so they can pursue their dreams of living in safe and nurturing homes.
By Rebecca Sallen, Esq.
Navigating Uncertainty in Estate Planning: A Look at Potential Tax Policy Changes Under a Harris or Trump Presidency
As estate planners face a landscape marked by heightened uncertainty going into a Presidential election, they find an unusually stark contrast between the candidates on critical issues. The next administration will have a profound impact on tax and wealth transfer policies, shaping the direction of estate planning for years to come. While the instinct to wait for certainty is understandable, delaying crucial decisions could be a costly mistake. Now, more than ever, attorneys should proactively help clients through the potential changes ahead, ensuring they are prepared for shifting tax laws and new opportunities—regardless of which administration takes office.
This article examines potential tax policy changes under two hypothetical scenarios: a second Trump presidency or a Harris administration. By exploring these possibilities, the goal is to help planners stay proactive and prepared for future developments.
Estate Tax Exemption: A Key Consideration Current Law
Under the 2017 Tax Cuts and Jobs Act (TCJA), signed into law by President Trump, the estate and gift tax exemption is at a historic high. As of 2024, individuals can transfer up to $13.61 million ($27.22 million for married couples) without incurring federal estate or gift taxes. This unprecedented exemption is set to expire in 2026, reverting to pre-TCJA levels—approximately $7 million per individual.
Former President Trump has not released a fully detailed tax plan; however, he has floated several tax policy ideas. If Donald Trump were to regain the presidency, one of his top priorities could be extending the TCJA provisions or even increasing estate and gift tax exemptions. Trump has consistently advocated for lowering tax burdens on high-net-worth individuals and businesses. Trump has expressed interest in making the TCJA’s tax cuts permanent, or even push for the complete elimination
For estate planners, this would represent a continuation of the current favorable environment for high-net-worth clients. Tools such as irrevocable trusts, gifts, and family limited partnerships (FLPs) would remain essential in helping clients transfer wealth with minimal tax liability. Additionally, planners would have more flexibility in designing strategies that take full advantage of the high exemption limits.
A Harris Presidency, on the other hand, could pursue a more progressive tax agenda. Harris’ tax policy is silent on whether the federal estate exemption would be lowered below the pre-TCJA levels. While she is generally aligned with the broader Democratic platform, which has floated proposals to significantly reduce the estate tax exemption, she has not expressed support for these proposals. Similarly, the Biden administration has not taken any steps to lower the exemption nor raise the top estate tax rate.
In the case where the exemption returns to pre-TCJA levels, estate planners would return to focus on strategies to minimize estate tax exposure for clients. This will not be a concern for the average American. But it is relevant for clients with more that $7 million in assets, or double that for a married couple. For these high-net worth individuals, accelerating gifting plans, strategies such as accelerating gifting plans, restructuring estate plans, and leveraging charitable donations would likely become crucial components of future planning. Irrevocable trusts would remain important, but planners would need to be mindful of how new regulations may affect their use.
Any changes to estate tax policy would need Congressional approval. Therefore, the future direction of estate tax policy will likely depend on which party holds control of Congress in the coming years.
Mason Avirigian, Sr.
continued on next page >
of the estate tax—a longstanding goal within certain Republican circles.
Navigating Uncertainty in Estate Planning: A Look at Potential Tax Policy Changes Under a Harris or Trump Presidency
Continued from page 23
Shifting Estate Planning Priorities
Estate planning techniques are shaped not only by tax policy, but also by our clients’ personal fears and goals. Chief among them are concerns about rising healthcare and long-term care costs. The Brookings Institute cites that health insurance is the largest component of non-wage compensation at 26%, and health care is one of the largest categories of consumer spending at 8.1%.1
Vice President Kamala Harris has advocated for expanding healthcare programs and strengthening the Affordable Care Act. This investment aims to significantly impact how individuals approach planning for long-term care needs. She seeks to permanently adopt tax credits introduced by the Biden administration that lower the cost of premiums for health plans sold on the ACA insurance exchange, capping lifesaving prescriptions and a $2,000 cap on out-of-pocket drugs for all Americans.2 Economists speculate that increases in healthcare funding and enhanced social programs may reduce the need for Americans to earmark substantial portions of their estates for future care or family support.3 Estate planners might find a decreased need to draft trusts specifically designed to cover a beneficiary’s medical expenses.
Trump in 2019 signed an executive order that shifted the Medicare program toward private plans.4 This Order expanded private contractive between beneficiaries and providers and restricted senior’s choice of providers in Medicare Advantage. Trump has also remained critical of the ACA and advocates for repealing or replacing it. The combination of these policies could result in higher out-of-pocket costs, particularly for those with pre-existing conditions.5 As a result, more individuals may seek supplemental insurance or increase their personal savings to address coverage gaps and the rising costs of care. Rising healthcare costs may lead clients to re-evaluate their estate planning goals including assessing the need for asset protection and eligibility for Medicaid.
Capital Gains Taxes and the Step-Up in Basis Rule
Another critical aspect of estate planning is how capital gains taxes are handled, particularly the “step-up in basis” rule. This provision allows heirs to reset the basis of inherited assets to their fair market value at the time of the decedent’s death, thus minimizing capital gains taxes when those assets are sold.
Under a second Trump administration, it is likely that the step-up in basis would remain intact. Trump has historically supported policies that reduce the tax burden on investments and wealth transfers. The step-up in basis is particularly advantageous for families with significant real estate holdings, closely held businesses, or large stock portfolios.
A second Trump term could also see the continuation of relatively low capital gains tax rates, which currently max
out at 20% for high-income individuals. This favorable tax environment would provide estate planners with more flexibility in designing strategies to defer or reduce taxes on appreciated assets.
A Harris Presidency could see the elimination or significant reform of the step-up in basis rule. Harris supports a plan to tax gains on assets owned at the original owner’s death, with exemptions, including for assets inherited by a surviving spouse. Her tax plan also aims to tax the wealthiest Americans’ investment gains before they sell the assets or die. Specifically, people with more than $100 million in wealth would pay at least 25% on the combination of their income and their unrealized capital gains.6
The elimination of the step-up in basis would fundamentally change estate planning. Heirs may face substantial capital gains taxes on inherited assets, calculated based on the difference between the original purchase price and the market value at the time of inheritance. For families with illiquid assets, such as real estate or closely held businesses, heirs might be compelled to sell assets to cover tax liabilities. To navigate these challenges effectively, estate planners should explore new strategies, such as lifetime gifting or the establishment of specialized trusts. By proactively addressing these concerns, we can significantly mitigate the impact of capital gains taxes, preserving both the value of the assets and the family’s financial well-being for future generations.
Conclusion: Flexibility is Key
As the election results unfold, estate planners face both challenges and significant opportunities. Regardless of who takes office in 2025, strategic foresight remains paramount. By capitalizing on the current favorable tax environment and preparing for changes—such as reductions in exemptions or alterations to capital gains taxes—you can provide invaluable guidance to your clients. Now is the time for estate planners to embrace a proactive approach, focusing on flexible, adaptable plans that can accommodate potential changes in tax policy. By looking forward, you will ensure that your clients remain well-prepared, no matter what the future holds.
4 Executive Order 13890, Protecting and Improving Medicare for Our Nation’s Seniors, October 3, 2019.
5 Center on Budget and Policy Priorities. “Republican Health Coverage Proposals Would Increase Number of Uninsured, Raise People’s Costs.” September 2, 2024
Court Establishes a Bright-Line Rule for Child Support Liability: Legal Custody Required
By Samantha M. Kugler, Esquire
n a landmark decision, the Pennsylvania Supreme Court in Caldwell v. Jaurigue recently created a clear guideline that only parties with sole or shared legal custody of a child can be held financially responsible to pay child support. This ruling is a significant development in family law, defining the extent to which third parties – specifically those with partial physical custody but no legal custody – are liable for child support.
The case involved a daughter born out of wedlock in March 2012. Throughout her early life, she was raised primarily by her mother and Philip Jaurigue, who, although not married to the mother, provided a stable home environment. The mother and Jaurigue resided together with the child from August 2014 until the mother’s untimely death in December 2019.
Following the mother’s death, the child moved in with her biological Father, who previously only exercised partial physical custody. Upon the child’s transition to the Father’s home, Father assumed primary physical custody. Since Jaurigue needed Father’s permission to see the child, visits were rare and his access to her was limited during this time.
Given the close relationship Jaurigue had with the child while he was raising her, he decided to initiate custody proceedings. Subsequently, he was awarded partial custody rights, which included various days throughout the month, holiday visits, one week of summer vacation each year, as well as daily phone/ Facetime contact. He was also granted numerous other rights that generally are bestowed on parents, such as permission to participate in school events, extra-curriculars, and her current and future counseling appointments. The Father appealed the custody order to the Superior Court but was unsuccessful.
While the custody appeal was pending, Father filed a child support complaint against Jaurigue. The complaint was dismissed due to the trial court sustaining Jaurigue’s preliminary objections but Father timely appealed. He argued, based on the limited case law, Jaurigue had an obligation to support the child. However, the trial court disagreed. It found that under A.S. v. I.S., 130 A.3d 763 (Pa. 2015) (holding that an ex-stepparent with shared legal and physical custody was obligated to child support) and Commonwealth ex rel. McNutt v. McNutt, 496 A.2d 816 (Pa. Super. 1985) (finding child support obligations continued on next page >
The Buck Stops Here! Supreme Court Establishes a Bright-Line Rule for
Child Support Liability: Legal Custody Required
Continued from page 25
do not extend to ex-stepparents who continue to visit with the children), Jaurigue did not have a duty to support the child because he was only seeking the right to visit with the child to maintain a relationship with her. See Caldwell v. Jaurigue, No. 2021DR00484, slip op. at 4 (C.P. Philadelphia, Jan. 25, 2022).
The Superior Court reversed with a unanimous three-judge panel, finding that Jaurigue was akin to the stepparent in A.S. and due to him vigorously fighting and obtaining extensive custodial rights, he was obligated to pay child support. See Caldwell v. Jaurigue, No. 140 EDA 2022, 2022 WL 5073906 at *4 (Pa. Super., Oct. 5, 2022) (unpublished memorandum). The Court recognized that in loco parentis alone does not establish a financial responsibility, but reasoned that “there are some situations, such as the one in A.S. where a former stepparent affirmatively takes sufficient legal steps to act as a part so as to trigger an obligation to pay support,” and Jaurigue was one of those situations. Id. at 3, quoting A.S., 130 A.3d at 770.
Jaurigue filed a petition for allowance of appeal and the Supreme Court granted review to determine if the holding in A.S., extended to Jaurigue, despite him not having equal custodial rights as the biological father.
The Court began its analysis by discussing the relevant statutes and definitions, including Section 4321(2), providing that parents are liable for the support of their unemancipated children. The statute, however, does not define parent. Both Merriam-Websters dictionary and Black’s Law Dictionary limit the definition of parent to those with a biological or adoptive relationship. Merriam-Webster allows those with a nonbiological connection to be a parent but they must both “bring up and care for” the child. Although the support statute does not define parent, 1 Pa.C.S. § 1991 defines children as “children by birth or adoption.”
The Court then went on to look at the limited Pennsylvania caselaw that extended an obligation to pay child support beyond cases of biological and adoptive cases. It noted that Courts are hesitant to require third parties to pay support when they only seek to maintain a relationship with the child(ren), as it would essentially financially penalize them. See Commonwealth ex rel. McNutt v. McNutt, 496 A.2d 816 (Pa. Super. 1985). In McNutt, the Superior Court reversed a trial court order obligating a stepfather to pay support for his former stepdaughter. The stepfather and mother got married when the stepdaughter was only two months old, and the parties went on to have their own child. Post-divorce, the stepfather spent custodial time with both the biological child as well as the stepdaughter, so he was found in loco parentis. The McNutt
Court found that the stepfather’s continued care and love for the daughter did not create a financial obligation and if it did, it “would be carrying the common law concept of in loco parentis further than we are willing to go.” Id. at 817.
Conversely, the Court in A.S., did find that a stepfather was financially responsible for paying support for his twin ex-stepchildren because he held both legal as well as custodial rights, equivalent to the biological mother’s. A.S., 130 A.3d at 769. In A.S., the stepfather filed a petition that prevented the mother (his ex-wife) from moving to California with his twin exstepchildren. Id. He then vigorously litigated for custody rights and ultimately succeeded. After a full hearing, he obtained both shared legal as well as physical custody. Id.
In light of the caselaw and plain text of the Section 4321, the Supreme Court found that without legal custody, Jaurigue is not a third-party obligated to pay support. Lacking the legal authority to make major life decisions on the child’s behalf, the relationship is not in the same class as that of a “parent.” Therefore, Jaurigue’s partial physical custody did not trigger an obligation to pay support.
This significant decision clarifies the legal boundaries of child support liability, emphasizing that financial responsibility for child support is restricted to those who possess legal custody. Counsel for Jaurigue and one of our esteemed colleagues, Hillary Moonay, Esquire, observed that the Supreme Court was determined to set a clear and definitive rule to remove ambiguity in future cases. And it did just that. By clearly outlining that only those with legal custody are obligated to pay child support, the decision alleviates a lot of the financial concerns involved in third-party custody cases. As Attorney Moonay pointed out, for individuals who are deeply invested in the child’s upbringing and seek substantial involvement in their life decisions, securing legal custody will likely remain a priority notwithstanding of the support obligation. For others, including grandparents, who play an important role in the child’s life and may find themselves involved in family law litigation, this bright-line rule offers much-needed clarity. It simplifies the financial considerations that often accompany third-party custody cases, allowing these individuals to contribute meaningfully to the child’s well-being without the added burden of uncertain support obligations.
Overall, this Supreme Court decision represents a crucial step toward a more predictable framework for managing child support and custody issues, ensuring that all parties have a clear understanding of their rights and responsibilities moving forward.
BOOK REVIEW
The Perfect Lawyer
(Ike Thompson Legal Thriller #1)
Tby Gregg Bell
Review by Jules Mermelstein, Esq., author of Justice, Justice Shall You Pursue
his book is a thoroughly enjoyable read. It is about Ike Thompson, an attorney who used to practice criminal defense but gave it up after making a mistake in a felony murder trial that resulted in the conviction of his client. Prior to that case, he was known as “The Perfect Lawyer.” Since that case, he refers to himself as the “Poison Lawyer,” and has sworn off criminal defense work, moved his practice to the suburbs, and engrossed himself in wills, estates, and real estate work. His secretary, Val, has been with him for a long time and often knows him better than he knows himself.
Ike is approached by a priest about representing Mia, a woman accused of firstand second-degree murder after her three young children died in a fire that destroyed her house while her husband was working his shift as a police officer. At first, Ike refuses to take the case, but as the reader suspects, he eventually takes it. Ike doesn’t like the way the media has been portraying Mia as guilty and the dangerous conditions she faces in jail. Ike and his new associate, Abby Blum, represent Mia pro bono.
As Ike reads the media coverage leaking out about the case, and as the media portrays Mia as guilty without trial, Ike remembers how he felt when he practiced criminal defense, which partially convinces him to take the case.
“Ike had that sick feeling in his gut –the all-powerful state legal apparatus was once again crushing the weak.”
As Ike prepares for the trial, he reflects on what he learned about police officers who testify during a trial.
“Cops’ truthfulness, or rather their lack of it, was often an issue in a trial. Ike had seen egregious abuses. Cops routinely manufactured evidence to get convictions. Eyewitnesses on second or third floors just happened to be looking out their windows at the exact moment the ‘crime’ occurred.”
Unlike many courtroom drama and legal thriller authors, Gregg Bell is not a lawyer. I contacted Mr. Bell to ask him some questions.
Mr. Bell had briefly tried to become a lawyer by taking the LSAT and applying to the one law school he wanted to attend (John Marshall Law School, now University of Illinois Chicago School of Law), but he did not get in. As he describes it, at that time in his life, he did not have the “emotional wherewithal” to apply elsewhere.
As a result, he had to do his own legal research. He took a CD course called “Law School for Everyone.” He consulted his sister and his best friend, both lawyers. He asked in his author newsletter if any lawyers would like to serve as beta readers for the book, and several responded,
helping him. He even went to Reddit’s subreddit “Legal Advice Off Topic,” where several lawyers and law students answered his questions.
Mr. Bell’s main plot was inspired by the Cameron Todd Willingham case. In Texas, in 2004, Mr. Willingham was convicted of murder when his children died in a fire at his house. It was only after he was executed that it was shown he was actually innocent. His secondary plots sprung from that.
The relationship between Ike and his wife was based on what Mr. Bell experienced with his wife, and writing about it was cathartic for him.
In answer to the question “Why do you write?” Mr. Bell had this to say:
“I’ve had some tough situations growing up, but as soon as my head cleared enough to think straight, I found great solace in reading the great books of fiction (War and Peace, etc.). Writing was never my goal. It just kind of happened. But now that it’s here, it gives me great satisfaction, and I get even more satisfaction knowing that people are reading what I’ve written (and hopefully enjoying it!). There is nothing else I’d rather be doing.”
His sequel, The Perfect Prosecutor, is scheduled to be out by the time you are reading this review.
I recommend The Perfect Lawyer to you as a pleasant courtroom drama.
Montgomery Bar Association Family Law Mediation Program
ABy Lise A. Fisher, Esquire (not pictured)
Rochelle B. Grossman, Esquire Carolyn Moran Zack, Esquire
re your clients looking for an alternative to resolve their family law issues without the need to appear in court?
They have a new option provided by the Montgomery Bar Association. With the support of the Family Court and the Family Law Section, the Family Law Mediation Program is up and running. This program is an offshoot of the Montgomery Bar Association Mediation Program that went into effect earlier this year and allows parties to mediate family law claims such as equitable distribution, alimony, counsel fees, costs and expenses, implementation of premarital or postnuptial agreements, legal or physical custody, and child and spousal support.
The mediation program does not take the place of court programs already in place, including the Court Ordered Mandatory Mediation Orientation Program for custody cases. The Court’s mandatory mediation orientation program will continue to operate independently and offers valuable resources to litigants who have filed a custody complaint or petition to modify custody. This Family Law Mediation Program cannot be court ordered. Instead, parties choose to participate if they wish to resolve their divorce- or separation-related issues at one time, or they want to try to reach agreement on any family law issue before or after a complaint has been filed with the court. Mediators encourage the parties to retain counsel to advise them
about their legal rights and obligations throughout the process. The mediator will assist the parties to find common ground and will prepare a Memorandum of Understanding confirming the terms reached during the mediation process. Mediators do not draft settlement agreements or stipulations or represent either party. The parties are encouraged to retain counsel to prepare the settlement agreement or stipulation to incorporate the agreed-upon terms and to prepare and file any pleadings necessary to obtain a divorce decree or an order confirming their agreement. The parties pay a $1,000 fee to the Bar Association: a $200 administrative fee and $800 for the mediator’s fee for up to three hours of mediation. After the initial three hours, the parties and the mediator may agree to additional sessions via a separate agreement. Thus, the Family Law Mediation Program provides a cost-efficient and expedient alternative to litigation while encouraging parties to consult counsel to ensure that their legal rights are protected.
Montgomery Bar Association Executive Director Denise Vicario is excited to have the Montgomery Bar Association Mediation Program in place as a service to the community and MBA members. Executive Director Vicario noted: “Mediation is an important component of Access to Justice, and the Montgomery Bar Association Mediation Center fulfills the goal
of offering as many helpful services to the community as possible. We are very fortunate to be able to offer Civil and Family Mediators to assist in dispute resolutions.”
The parties may select their mediator from a list of approved mediators; after a conflict check, the mediator will confirm their willingness to accept the case. Family Law Mediators must conduct domestic violence screening in every case. If a Protection from Abuse Order (PFA) was entered, even on a temporary basis, within 24 months of the matter being assigned for mediation, the case will not be accepted for mediation without a court order expressly approving the parties for mediation.
All parties to the action must be present for the mediation sessions. However, in cases where there are more than two parties, the mediation may, at the discretion of the mediator, proceed in the absence of one of the parties. In custody matters, the mediation will be deferred where the Office of Children and Youth is investigating allegations of abuse. When the abuse has been deemed unfounded, mediation can proceed. Where one parent is subject to a criminal investigation for abuse of a child, the case is not appropriate for mediation. However, when a third party (such as a girlfriend or boyfriend) has been subject to a criminal investigation for abuse of the child, the mediation may proceed with the parents at the mediator’s discretion. If there is a question as to whether a matter is appropriate for mediation, parties or their counsel may contact the Family Law Mediation Advisory Panel through the Montgomery Bar Association for further guidance.
The family law mediators are members of the Bar Association in good standing with ten or more years of experience as a practicing attorney, and they have completed 14 classroom hours of family law mediation skills training, including one hour of domestic violence training. Mediators are also required to obtain additional mediation training each year, including one hour of training provided by the Bar Association to promote program uniformity. The Family Law Mediation Program Policies and the required forms, including the Consent to Mediate, are posted on the Bar Association website: MBA Mediation Program - Family Law (montgomerybar. org). The Policies provide for annual certification of the Family Law Mediators and a review by the Advisory Panel of the satisfaction of the reporting requirements. When the mediation process is concluded, or if the matter is determined to be inappropriate for mediation, the Family Law Mediator must complete and submit a Certificate of Completion. The Exit Survey will be submitted to the Montgomery Bar Association and will be used by the Mediation Advisory Panel to evaluate and improve the program.
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The Family Law Mediators must adhere to the Association for Conflict Resolution Model Standards of Practice for Family and Divorce Mediation. Under these standards, they are prohibited from drafting agreements or having the parties sign an Agreed Order, Stipulation, Agreement, and/or Memorandum. The mediators shall not represent any party in any family law matter or file or assist with the preparation and/or filing of any papers/ pleadings on behalf of the parties or either party. The mediators may notify the court, if the matter was referred to mediation by the court, of the completion of the mediation. After providing mediation services the mediator shall not provide legal services, or any other professional service the mediator is otherwise qualified to offer.
As the current members of the Advisory Panel, we are excited to announce the availability of this program. We appreciate the time and expertise of the family law attorneys who have volunteered to be mediators for this program. We hope that the program will be a trusted alternative for family law attorneys and their clients who want to reduce conflict and avoid the risks and costs of litigation. Please spread the word to those who may be interested in participating in this program.
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BENCH BAR 24
Continued from page 31
WIRE TAPS MEMBER News
Law Offices of Maribeth Blessing, LLC is proud to announce that Liane Anderson, Esquire, and Gwen Lentine, Esquire, have been named as partners in the firm. Both attorneys excel as Family Lawyers and are also trained Collaborative Family Lawyers and Mediators.
Wisler Pearlstine, LLP is pleased to announce that Justin Barbetta, Esq., has been elected to partnership in the firm.
Obermayer Rebmann Maxwell & Hippel LLP is pleased to announce that Michael Bertin, Esq., was elected President of the Pennsylvania Chapter of the American Academy of Matrimonial Lawyers (AAML).
Boyd Early Law Firm is thrilled to share that Missy Boyd, Esq., has been appointed to the Montgomery County Commission for Women! Missy will serve alongside other passionate appointees for the next two years, dedicating their efforts to promoting opportunities for
women, reducing gender inequality and discrimination, and collaborating with local organizations and institutions.
Judge Daniel Clifford was elected as an Officer of the Pennsylvania Conference of State Trial Judges in July at the annual Conference in Hershey. Given normal succession, he will serve as President of the 472 trial and state appellate judge Conference in 2029.
Hamburg, Rubin, Mullin, Maxwell & Lupin is pleased to announce that Steven A. Hann, Esq., recently spoke at several events sponsored by the Pennsylvania Municipal Authorities Association (“PMMA”) – an organization representing the interests of over 700 municipal authorities in Pennsylvania.
Friedman Schuman, P.C. is pleased to announce that Katherine Lekh, Esq., has joined our firm’s litigation department as an associate attorney with a focus on
medical malpractice, personal injury, and commercial litigation.
Hamburg, Rubin, Mullin, Maxwell & Lupin is pleased to announce that William G. Roark, Esq., has been elected President of the Board of Legal Aid of Southeastern Pennsylvania (LASP).
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that partner Douglas K. Rosenblum, Esq., has been appointed as a Hearing Committee Member serving the Disciplinary Board of the Supreme Court of Pennsylvania effective July 1, 2024. This appointment is a three-year term.
Mudrick & Zucker, P.C. is proud to announce that Adam D. Zucker, Esq., founding shareholder at the firm, has been elected President of the Lawyer Pilots Bar Association (LPBA), a national aviation law bar association.
Welcome New Members
April - August 2024
Danielle Akinbobola*
Laurel Anderson, Esq.
Ruth Atomate*
Jerald D. August, Esq.
William L. Baldwin, Esq.
Eliz Baydar*
Erika Becker*
Patrick M. Blair, Esq.
Briana Sheree Bryant, Esq.
Nathan Bunyon*
Elly Bycoskie*
David Sean Cohen, Esq.
Stephanie Renee Coleman, Esq.
Brianna Cooper*
Katie Lin Daly, Esq.
Matthew D. DeLeo, Esq.
Pilar Diaz, Esq.
Samantha DiBona*
Vishal J. Dobaria, Esq.
Asheley Dorzin*
Kevin M Ellis, Esq.
Kevin Patrick Fenchak, Esq.
Benjamin H. Field, Esq.
Hannah Fishman, Esq.
Michael S. Fitzgerald, Esq.
Mitchell Ellis Friesen Esq.
Na Lee Ha, Esq.
Wyatt Harper*
Daniel T. Hicks, Esq.
Neil M. Hilkert, Esq.
Yonatan Hirt, Esq.
Dominique Holly, Esq.
Samantha Kugler, Esq.
Victoria LeCates, Esq.
Celso L. Leite, Jr., Esq.
Edwin Leon, Esq.
David H. Leslie-Hughes, Esq.
Guy Pennypacker Marinari, Esq.
Cody W. Marks, Esq.
RETIRING MEMBERS
Alfred M. Abel, Esq.
John B. Egner, Esq.
Stewart B. Liebman, Esq.
George Luskus, Esq.
James J. Oliver, Esq.
Daniel F. Ryan III, Esq.
Mark R. Semisch, Esq.
Scot W. Semisch, Esq.
John G. Younglove, Esq.
*Student
Upcoming Events
December 4 5 - 7PM Family Law Section Holiday Party
The events and dates below are subject to change and this is not a comprehensive list.
MBA Building
December 18 3PM - 6PM Jingle Mingle Bridgets Steakhouse
January 10 11:30AM - 2:30PM Annual Business Luncheon Blue Bell Country Club
MBA Building followed by the Keystone Pro Bono Awards & Presidental Service Awards
November 6 8AM - 12PM CLE - Toby Dickman Seminar Montgomery County Courthouse “Courtroom
November 7 2:30PM - 5:30PM CLE - The Molly Maguires and the Massacre at Latimer... MBA Building Labor Violence, Justice and the Path to Reform in Pennsylvania
November 13 12PM - 1:30PM CLE - Current Issues with Medicaid Long-Term Care Benefits MBA Building
November 20 12PM - 1:30PM CLE - New Member Lunch + The ‘Business’ Side of the Law:
MBA Building Ethical Considerations in Private Practice - Part 3
December 5 9AM - 12PM CLE - Adoption and Terminations of Parental Rights in PA :
MBA Building Updates and Practical Pointers for the Unwary Practitioners
December 10 12PM - 1:30PM CLE - Family Law Mediation Program Annual Update
December 19 12PM - 1:30PM CLE - Zoning Board Hearing Issues in Practices and Procedures, Part II, The Sequel
