SideBar Summer 2023

MONTGOMERY BAR ASSOCIATION

Serving the Profession and the Community since 1885 2023 OFFICERS

Justin A. Bayer, Esq., President

Lisa A. Shearman, Esq., President-Elect

Seth D. Wilson, Esq., Vice President

Colin J. O’Boyle, Esq., Treasurer

Hon. Joseph P. Walsh, Secretary

SIDEBAR COMMITTEE Chairs

Gary J. Friedlander, Esq.

Franqui-Ann J. Raffaele, Esq.

Lydia Terrill, Esq. Vice-Chair

Gregory Gilston, Esq.

Contributors:

Justin A. Bayer, Esq. Jack Costello

Michelle R. Dempsky, Esq.

Jason Edwards, Esq.

Ashley A. Garland, Esq.

Gregory Gilston, Esq.

Kate Harper, Esq.

Timothy M. Knowles, Esq.

Jim Mathias

Jules Mermelstein, Esq.

Deborah B. Miller, Esq.

Jennifer Pierce, Esq.

Sara Planthaber, Esq.

Mary C. Pugh, Esq.

Lucy Qiu, Esq.

Franqui-Ann J. Raffaele, Esq.

Jennifer Whitehurst, Esq.

MBA STAFF

Denise S. Vicario, Esq., Executive Director

Jack Costello, Deputy Executive Director

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

Megan Ware, Event and CLE Coordinator

Sherry Sutton, Membership Coordinator

Sandy Whittington, Accounting

Facebook.com/MontgomeryBarAssociation

Twitter.com/Montgomery_Bar

LinkedIn/Company/Montgomery-Bar-Association

YouTube.com/user/MontgomeryBarAssociation

Instagram.com/montgomerybarassociation

MONTGOMERY BAR ASSOCIATION

BUSINESS HOURS:

Monday thru Friday

8:45 AM - 4:45 PM

ADDRESS: 100 West Airy Street

P.O. Box 268, Norristown, PA 19404-0268

PHONE AND FAX: Phone: 610-279-9660

Fax: 610-279-4321 & 610-279-4846

PRESIDENT’S MESSAGE

After the below SIDEBAR article was finished and submitted, I received a message from my friend, Bob Pugh, informing me of the passing of past president of the MBA, friend, and mentor, William H. Pugh, IV. The publisher graciously allowed me to add this short note to the beginning of my article. Bill embodied all that is good about the MBA and leaves a lasting legacy for our association. He practiced law with nine other presidents of the MBA which is not a coincidence. Bill improved the lives of countless members of the MBA along his way, including mine. He will be greatly missed. Nobody showed up like Bill.

In 1981, when the Montgomery Bar Association was 96 years old, then-President Judge of the Montgomery County Court of Common Pleas, Richard Lowe, eloquently wrote a foreword to the book titled History of Montgomery Bar Association. Judge Lowe noted that previous generations of members of the MBA had grappled with identical issues that were confronting the bar at that time. Judge Lowe further observed that there were no new problems facing the bar, only new solutions. Forty-two years later, Judge Lowe’s observations remain both eloquent and prescient. We, as a bar, continue to address issues which are not new and likely will be confronted by future generations of our members. It is comforting to know that for the past 138 years, the Montgomery Bar Association has thrived as it has evolved.

Justin A. Bayer, Esq. Montgomery Bar Association 2023 President

Our association’s history is full of notable accomplishments frequently driven by the will of our members. Our association commemorates some of the accomplishments of our members throughout each year. For example, I was privileged to present the Henry Stuckert Miller Award for leadership in public service at Law Day. This summer, we will host the Robert E. Slota, Jr. Diversity Internship and Development Program, and in the fall the Margaret Richardson Award will be presented. Along the way, and in between, our members will gather for other events involving education, charity, and camaraderie. All those events occur because our members have the will to plan, to show up, and to participate.

Members like Margaret Richardson who fought to gain admission to our bar as the first female member in 1898, but admission was just the start. After gaining admission to the bar, Ms. Richardson joined the bar association in 1899 and participated in our association. Ms. Richardson was followed by people like Bob Slota and Henry Stuckert Miller who had an idea, a commitment, and the will to show up. We are incredibly fortunate that they did, and we rightfully honor them with awards and programs bearing their names. However, in addition to their accomplishments, these leaders left a tradition for us – a tradition of active involvement. I’m positive that there were days

when Margaret Richardson, Henry Stuckert Miller, Bob Slota and so many others felt that their day may have been easier if they didn’t participate. We are fortunate that these women and men participated in our association. Through their participation, they planted trees for future generations of our members, and we now collectively benefit from the shade.

It has been wonderful and, at times, astounding to see so many of our members participate in our association this year. From the active meetings of our sections to our annual traditions, our members show up and participate. I’m proud to be part of such a group. The benefit of your action is immeasurable to our association. Just as Margaret Richardson, Bob Slota, Henry Stuckert Miller and so many others did, we all benefit when our members show up and participate.

I’m convinced that we have many members today who, whether they know it or not, are planting trees that will benefit future generations of our association. I’m similarly certain that when future generations of MBA members look back in another 42 years, they will recognize that they have benefited from the acts of many of our present members who showed up and participated. Enjoy the summer, and I look forward to seeing you at our next event!

Young Lawyers Section Update

The YLS hit the ground running this year. Our monthly meetings, which take place the third Wednesday of every month, along with the monthly YLS Development Program meetings that occur just prior to the general YLS meeting, have been well attended. The new crop of YLS members is active within the section itself and throughout the MBA.

I believe it safe to say that YLS is back!

That leads me to YLS May Month of Service.

Meals on Wheels started up again and the MBA route occurs the last Monday of every month. MBA routes are on July 24th, August 28th, and September 25th. Reach out to me or other YLS Section Officers to sign up.

On May 6th, YLS through Team MBA took part in the Fun NAMIWalk at Temple’s Ambler Campus. Team MBA raised $1,370 for NAMI which provides advocacy, education, support and public awareness so that all individuals and families affected by mental illness can build better lives. This is the second year in a row Team MBA took part in the NAMIWalk. YLS looks forward to participating again next year.

On May 11th, YLS and the MBA assisted low-income seniors with estate planning at the Legal Aid Wills Clinic in Abington.

On May 15th, a group of YLS and MBA members helped the Norristown Hospitality Center prepare bagged lunches for citizens of Norristown in need. It went so well that the Norristown Hospitality Center asked YLS and the MBA to team up on a more regular basis moving forward.

On May 20th, a group of YLS and MBA members participated in a workout to support Stephen’s Rise & Grind which is a non-profit dedicated to providing financial assistance to individuals who suffer from mental illness so they can access the best available mental health services.

And lastly, during the entire month of May, YLS held a collection drive from Cradles to Crayons. Thank you to all those that donated especially to Wolf Baldwin and Merck for their donations directly to Cradles to Crayons.

Moving into the summer months be on the lookout for YLS summer happy hour series in June, July, August, and September throughout the county.

By Jason Edwards, Esq., President, Young Lawyers Section

Probate & Tax Section: Estate Planning for Minors

By Deborah B. Miller, Esq.

Parenting is not for the faint of heart. Not only do we have to provide for the child physically, mentally and emotionally, but we also need to prepare for their well-being should the worst happen and we are not there to watch over them. An estate plan can be vital to caring for them in the event of tragedy. Perhaps Chat GPT can help direct us to an answer for some estate planning questions, but we do not always know what to ask or how to interpret the answers. This is why it is so important to work with an experienced estate planner who can help navigate possible scenarios and sidestep future problems.

A child under 18 is a minor in Pennsylvania. For many parents and grandparents, the idea of an 18-year-old gaining automatic access to money makes them very uncomfortable. Moreover, Pennsylvania law restricts a minor from ready access to an inherited bank account without the assistance of a parent, trustee, custodian or guardian of the estate (“fiduciary”).

A will is one tool that can be used to name a fiduciary and direct the fiduciary on the management and distribution of assets for a minor beneficiary. Without a named fiduciary, however, inherited assets may be protected through court oversight until the minor reaches age 18. The funds might be less accessible to the minor than could otherwise be established by a fiduciary arrangement under a will, trust or custodial account. To protect the minor’s assets, the court may appoint a guardian and/or order a sequestered deposit into a federally insured bank account. Prior court authorization is required for any withdrawal from a sequestered deposit account until the minor attains the age of 18. 20 Pa.C.S.A. § 5103. Fortunately, matters are simplified where the entire estate has a net value of $25,000 or less. In that instance, all or part of the minor’s estate may be held or received by the minor, the minor’s parents or a person maintaining the minor, unless a court directs

otherwise. 20 Pa.C.S.A. § 5101. In the event the court appoints a guardian of the estate for the minor’s assets, the guardianship order would typically allow for expenditure of income for the benefit of the minor and might permit expenditure of a fixed amount of principal for certain of the minor’s recurring basic needs. All other expenditures of principal until the minor reaches age 18 would be permitted only upon the guardianship court’s approval. The impracticalities of time and attorney fees associated with each petition for release of principal can be avoided if a trusted fiduciary is both available and named in proper planning documents.

By appointing fiduciaries and establishing distribution rules for the benefit of your minor children or grandchildren, you can help reduce future problems and avoidable costs when you are not there to tend to matters for yourself. Bringing this discussion closer to some of our practices and many of our lives, we may learn of grandparents and parents with only informal estate planning. They may hold bank accounts or other assets intended to benefit a minor, without a fiduciary named to manage a minor’s inheritance. For those concerned about cost and complexity in estate planning, be comforted as there are easy to use tools to plan for a minor’s inheritance. For example, to plan for a minor without a trusted and available parent, options that could be incorporated into a will include naming a responsible friend or relative as trustee, guardian of the estate, or custodian of a minor’s account. In certain circumstances, a will may grant the Executor permission to deliver to the person standing in the place of a parent to the minor beneficiary certain assets or the beneficiary’s share of the estate. For those convinced their assets are too limited to warrant estate planning, consider that final disposition of what one has accumulated at the time of death is important and should be treated with respect. Clients and non-clients alike have the choice of directing a path for their assets and their beneficiaries. By not doing anything, they have opted to allow default provisions in the law and possibly a court unfamiliar with the minor to make decisions for them.

Career Corner

By Jennifer Whitehurst, Esq.

When used correctly, LinkedIn can be an invaluable tool for business and professional development. This article covers easy tips and tricks to optimize your LinkedIn usage.

1. Make sure your profile is complete.

It can be tempting to just fill in the basic fields when setting up your LinkedIn profile. However, users without a complete profile might be missing out.

LinkedIn receives vast amounts of information from over 930 million users a day. Accordingly, it needs a way to sort and prioritize content to ensure users remain engaged. Enter: LinkedIn’s algorithm. LinkedIn’s algorithm favors users with “complete” profiles, making LinkedIn more likely to promote these profiles and their content to other users. In other words, if your profile is complete, you are more likely to be found by the right people on LinkedIn.

Start by adding the basics: your name (including any former or alternative names under the “Additional name” field), current title, current employer, and geographic region. Generally, using

a metropolitan area (like “Greater Philadelphia area”) is preferred to listing your specific suburb or city, as it is more likely to increase LinkedIn’s recommendations for connections. Upload a clear, well-lit, and professional photograph to your profile. Per LinkedIn, adding a profile photo alone makes your profile seven more times likely to be found in searches.

Next, complete the substantive portions of your profile. At a minimum, you should include your education, experience, licenses, and certifications. To achieve “All-Star” status (LinkedIn’s designation for “complete” profiles that the algorithm is most likely to promote to other users), add your professional skills, your organizations, your accomplishments, a Headline (220-word tagline visible by other users in your profile’s preview), and a Summary (first-person narrative of your experience, goals, and competencies).

2. Don’t be a lurker: post on LinkedIn.

Posting on LinkedIn is one of the most effective ways to help you build credibility on industry subject matters and broaden your network. In addition to posting quality content, there are continued on page 10 >

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Career Corner

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some basic strategies you can implement to optimize your post’s reach, starting, again, with that tricky algorithm.

LinkedIn is more likely to promote “relevant” content you share to other users. LinkedIn’s algorithm uses a variety of factors to determine whether your content is relevant. The algorithm then places your content into one of three categories: spam, low-quality, or highquality, with “high-quality” content being the most likely to be promoted to other users.

Bad grammar, excessive links, tags (more than five), or posts (more than every three hours), and hashtags like “follow,” “comment,” or “like” could all land your post in the “spam” category. Instead, to increase the likelihood of your content being deemed “high-quality,” create clear, well-formatted posts. Use punchy or catchy headlines. Avoid large blocks of text and, where appropriate, include a professional photograph, such as photographs from a networking event. LinkedIn wants users to stay on the platform, so the algorithm disfavors outbound links. If you want to include a link to another website, do so in the comments, rather than the body of the post.

As with most forms of social media, public engagement begets views. Increase engagement with your post by posing a question or soliciting feedback at the end of the post. Likewise, post on days and times when your network is likely to be using LinkedIn (think: weekday mornings rather than Saturday nights).

Above all, make sure that your content engages your target audience. Many LinkedIn users consider the platform a resource for industry insights, including within the legal community. Delivering consistent and reliable industry news is a great way to remain engaged with the platform and establish yourself as a subject-matter expert. Otherwise, users generally also respond well to statistics (particularly if paired with info graphics), tips or ideas, information about a job opening, or inspirational posts.

3. Work smarter, not harder, on your LinkedIn job search.

What about those of us looking for jobs? LinkedIn has an answer for that, too.

LinkedIn makes it easy to search for jobs based on title, location, experience level, salary, etc., using the basic search bar. However, the real value of LinkedIn’s job search comes down to two things: job alerts and – you guessed it – networking.

If you are looking for a new job, or curious about other opportunities in your market, you need to set up LinkedIn job alerts. Once you perform a search and apply appropriate filters for location, experience level, etc., simply switch on the “Job Alert” toggle to create an alert. Similarly, if you want to create a job alert for a specific employer, go to the employer’s LinkedIn profile, select the “Jobs” tab on the left, select “Create Job Alert,” and complete the fields.

Likewise, do not underestimate the power of using your LinkedIn network to search for a job. More and more users are posting jobs directly to their Newsfeeds, so be sure to regularly review your feed. If you are openly searching for a new job (like searching for your first job or relocating), you can use the “Open to Work” designation, which will notify recruiters and other users that you are open to new opportunities. Of course, as this is a public feature, only enable this feature if you are comfortable with your current employer knowing you are looking.

If you land an interview, use the employer’s LinkedIn page to learn more. Use the “About” section to read more about the employer, including specialty practice areas, and the “Post” tab to see recent content, including the employer’s latest videos, articles, even ads. Use the “People” tab to see if you have connections or fellow undergraduate or law school alumni who work for the organization. Reach out for tips and insights if appropriate. (Remember: if you are searching or viewing profiles on LinkedIn, this may be visible to other users who you search or view, depending on yours and their profile settings.)

Jen is the Director of Career Strategy at Drexel University Thomas R. Kline School of Law’s Career Strategies Office. You can reach Jen with questions regarding professional development and law student recruitment at jmw575@ drexel.edu.

The Equity Stop

“A Juneteenth to Remember”

By Ashley A. Garland, Esq.

Since 1776, Americans have celebrated Independence Day with elaborate decorations, parades, parties, and fireworks. For well over twohundred years, though, these celebrations have failed to acknowledge that Black America’s journey to freedom took a completely different, and much longer, path. On June 19, 1865, more than two years after President Abraham Lincoln signed the Emancipation Proclamation and almost ninety years after the Declaration of Independence, Major General Gordon Granger and troops from the Union Army marched to Galveston, Texas. Major Granger’s mission was to enforce the Emancipation Proclamation, freeing more than 250,000 enslaved Blacks who continued to be under the control and tyranny of Confederate troops. This day became known as Juneteenth.

Despite Juneteenth finally being recognized as a federal holiday on June 17, 2021, appreciation for Black America’s journey to freedom is minimal. For instance, as of June 17, 2022, only 30% of private employers offered Juneteenth as a paid holiday. Visibility is paramount to ensuring that Juneteenth is not only recognized but celebrated. As legal advocates, recognizing and celebrating diversity is essential in supporting our clients and communities. Celebrating Juneteenth is a way to acknowledge Black America’s journey and progress while also reflecting on ways America can continue to support and appreciate diversity.

So what can you do to acknowledge Juneteenth this year? Here are some suggestions:

1. Learn more about Juneteenth and Black History – Black History is rich with stories of determination, perseverance, and hope. I recommend reading On Juneteenth by Annette Gordon-Reed, 1619 Project by Nikole HannahJones, and How the Word is Passed by Clint Smith. Or try watching documentaries like Juneteenth: A Celebration of Overcoming on Hulu or 13TH on Netflix.

2. Support Black-owned businesses – while Black Americans make up 13% of the population, they own less than 2% of small businesses. Patronizing Black-owned business supports the Black owners, employees, and communities. You can find a list of Black-owned businesses in Montgomery County at www.montco.today.

3. Visit a museum – the African American Museum in Philadelphia (AAMP) is located at 701 Arch Street and features the art of Anna Russell Jones, the first Black graduate of the Philadelphia School of Design for Women, and an exhibit detailing the stories and contributions of Black people in Philadelphia from 1776-1876. The AAMP also has free online exhibits, including Rendering Justice, which focuses on an examination of mass incarceration.

4. Attend a Juneteenth Event – Philadelphia annually hosts one of the largest Juneteenth Festivals in the country. This year, Philadelphia is hosting a Juneteenth Wine & Arts Festival on June 17th followed by a Juneteenth Parade & Festival on June 18th. Doylestown is hosting a Juneteenth Celebration at the Mercer Museum and Phoenixville’s Juneteenth Celebration are both on June 18th.

Whatever you decide to do on June 19th, please remember to take a moment to think about what Juneteenth means to Black communities throughout the country and how we can celebrate each other.

By Lucy Qiu

The Diversity Equity, and Inclusion Committee, Probate and Tax Section, and Elder Law Committee, in partnership with SeniorLAW Center, co-hosted a wills clinic at the Tri-County Active Adult Center in Pottstown on May 2, 2023, from 9:30AM to about 2:00PM. The goal of the clinic was to offer free simple wills, durable power of attorneys, and advance medical directives to Montgomery County Seniors.

“Where there’s a Will, there’s a POA”

As with previous years, the event was a great success. In total, we served 11 seniors and drafted and executed a total of 44 documents. The package of personal planning documents offered included a simple will, financial power of attorney, living will, and healthcare power of attorney. In total, 11 MBA members volunteered for this worthy clinic. After drafting the documents, witnesses and notaries were on hand to execute everything so the seniors could walk away with all their documents. Many seniors expressed that they have been wanting to do this for some time, but either couldn’t afford to do so or had been putting it off.

Since the previous in-person clinic was offered in Norristown, this event was held at the Pottstown Senior Center to help achieve more coverage across the county. In addition, the MBA offered a free CLE on wills, medical directives and power of attorney for volunteers that wish to assist, and CLE credit was offered for all volunteers. Due to previous successes, and the success of the most recent clinic, further clinics are being planned in the future; please see the DEI and Elder Law Committee listservs for future dates. This furthers both committees’ strong determination to support vulnerable members of the community, and to offer these services for low-income individuals. Remember, where there’s a will, there’s a POA!

The Diversity, Equity, and Inclusion Committee, Family Law Section, and the Pro Bono Committee of the MBA partnered with the Montgomery County Prothonotary’s office to host a free virtual name change clinic on Wednesday, May 17, 2023, 4:00 PM – 6:00 PM. While the Montgomery County clinic was open to all County residents, there was a deliberate effort to invite transgender, non-binary, and gender nonconforming individuals. Furthermore, the MBA currently offers a recorded 1 credit DEI CLE on the name change process and social awareness for transgender and non-conforming issues relation to legal practice.

There was an outstanding response from the clinic clients, with 15 individuals signing up for the service, and 14 appearing for the clinic itself. This represents a 40% increase from the clinic last year. A total of 9 volunteer attorneys participated in the event, up from 7 from the last clinic, who all chose to volunteer their time for the drafting. The volunteers met with the participants by

Zoom and drafted name change petitions, as well as petitions to seal the record and waive the publication requirements. The clinic expects the petitions to be filed by the publication date of this article, with hearings scheduled to occur sometime in early August.

Last year, the joint pilot program offered free name changes for residents of the county. Twelve Montgomery County residents previously participated. The court agreed to waive the filing fees and the Montgomery Bar Association offered free publication in the Bar Reporter. Combined with other papers offering free publications associated with gender marker changes, some participants paid for nothing except copies of the raised seal order. This means, instead of spending up to $1000.00 to change their legal name, most participants paid around $40.00. With the success of the previous hearings in mid-December of 2022, and the upcoming success of the second clinic session, the DEI committee is committed to the program in the future and looks forward to this being an ongoing clinic for Montgomery County.

Providing Justice: The Bar Foundation Gives Lawyers the Chance to Be Just Like the Lawyers we revered as children

By Kate Harper, Esq., President, Montgomery Bar Foundation

When you were a kid, did you ever want to be Tom Cruise in A Few Good Men, or Atticus Finch in To Kill a Mockingbird, or even Perry Mason?

At some point, before we got so busy with deadlines and client expectations and billable hours, didn’t we all harbor some desire to be the person everyone respected and expected to “do justice”? Well, guess what? You can do that by committing your support to the Montgomery Bar Foundation (MBF).

Last year the MBF gave out more than $100,000 in grants to local nonprofits who provide access to justice to people in Montgomery County who need help in a courtroom or in navigating the justice system, and at the Legal Aid Golf Classic in June, we are honoring two of the finest Montgomery County residents who help provide justice every day in the Montgomery County Courts with the Milton O. Moss Award and Louis D. Stefan Award.

Judge Milton O. Moss served as Montgomery County District Attorney and later as a Judge of the Court of Common Pleas. This year the Milton O. Moss Award is being presented to First Assistant District Attorney Edward F. McCann Jr. for his “distinguished service in support of the justice system.” As a career prosecutor – first in Philadelphia – and now in Montgomery County, Ed is a tenacious advocate for child victims and a skilled trial lawyer who has brought justice by prosecuting murderers, child abusers, and others of horrible crimes against their own children and domestic partners. Also, he is committed to discovering the root causes of the crimes and participates in multidisciplinary teams hoping to prevent future victims from suffering the same fate.

As Montgomery County District Attorney Kevin Steele says: “Ed is an outstanding prosecutor and trial lawyer, who was recognized for his excellence in trial advocacy by being inducted into the prestigious American College of Trials Lawyers. He is committed to standing up for murdered children, teaching the next generation of prosecutors, and going above and beyond the scope of his job responsibilities to see that justice is served.”

Judge Louis Stefan served on the Montgomery County Court of Common Pleas and The Stefan Award given in his name is for a law enforcement official who goes well beyond the scope of his duties in promoting the rule of law and administration of justice. This year, the person to be honored with this award is Montgomery County Sheriff’s Office Sergeant Mark Huzzard. Sgt. Huzzard is a US Army veteran and is being nominated as one of the founding members of the Veterans Response Team, an innovative cohort of military veterans serving in law enforcement, as well as mental health and civil service professionals, dedicated to helping veterans in crisis by providing resources and alternatives to arrest and incarceration.

As Montgomery County Sheriff Sean Kilkenny noted: “His dedication to serving those struggling with substance abuse, mental health issues, and veterans in crisis is truly remarkable.”

Your participation in the Foundation as an MBF Fellow, supporting the Golf Outing, or donating to the annual fund makes not only these Awards possible but helps us fund all the tens of thousands in grants that are awarded to community agencies that provide access to justice services. Wisler Pearlstine LLP, a distinguished Montgomery County law firm, recently decided to show their support for these programs in a big way by donating $10,000 to the MBF and by sponsoring an Access to Justice Summit to be held later this year.

Wisler Pearlstine, LLP has offices in Blue Bell and Newtown. William L. Landsburg, partner at Wisler Pearlstine and longtime supporter and trustee on the MBF, is well aware of the needs of the organizations who offer services that help people too poor to hire a lawyer get help with the justice system, The Firm prides itself on its community involvement in places where its members live and work, and their commitment to our Foundation provides a much needed service to the Montgomery County community – especially those who need legal help but cannot afford it. A heartfelt thank you to Wisler Pearlstine for their generosity, commitment, and vision!

Pictured left to right: MBF President Kate Harper, Esq; Amy T. Brooks, Esq. (Wisler Pearlstine); Amy P. De Shong, Esq. (Wisler Pearlsine); MBA/MBF Executive Director Denise S. Vicario, Esq.; MBA President Justin A. Bayer, Esq.; Mark A. Hosterman, Esq. (Wisler Pearlstine); MBF Treasurer William L. Landsburg, Esq. (Wisler Pearlstine)

BOOK REVIEW: Implied Consent

by Keenan Powell

Review By Jules Mermelstein, Esq., author of Justice, Justice Shall You Pursue

Imagine reading a legal thriller that contains increasing possibilities of violence to the main characters, that deals with a significant issue in current events, and that, by the end, lets you actually feel the emotions felt by victims of those current events. That’s the experience in reading Implied Consent by Keenan Powell, published in January. Indeed, Booklife Reviews, Editor’s Pick, says: “Powell has written a book that dares to be legal thriller, family drama, and polemic. Remarkably, she succeeds at all three.”

In this novel, we meet the protagonist, attorney Maureen Gould, who we immediately see is a successful attorney, having just won a $50 million verdict in a sexual harassment case. The publicity surrounding this case attracts a new client, Josephine, who is also claiming a sexual assault.

When Maureen suggests a possible settlement figure to Josephine, Josephine objects, pointing to the large verdict Maureen just secured. Maureen, who is the narrator, then describes the problem civil attorneys face in equating some injury into a dollar amount:

To the untrained ear, Josephine would sound greedy, but it’s not about the money. It’s about validation. Clients feel they have been wounded and they need reparation so they can heal. The problem is translating their emotional injury into a mathematical calculation. What is shame worth? One dollar per day? Ten? One hundred? There is no amount. The exercise is absurd. So they pick a symbolic number, meant to represent how aggrieved they feel: the more zeros, the better. Another problem Maureen describes which civil attorneys face is dealing with clients having second thoughts after the complaint is filed, but nothing else of significance is happening: Buyer’s remorse was common. In the early days of a case, before the defendant responds and the court schedules hearings, plaintiffs feel like nothing is happening and wonder if they did the right thing.

A third problem which all, not just civil, attorneys face is when the client has not given all the needed information to their attorney:

Either I had not communicated my need for this information – which would be my failing, because I was the professional

communicator – or she, knowing what I wanted, had withheld it. Whatever the reason, I had a problem. I didn’t know the whole story.

Maureen explains to one of her employees what happens when one seeks justice against those with power:

Here’s the thing about justice, Yolanda. People are exploited because of money and power. The first thing bad guys do when you try to right a wrong is threaten. If I’m going to be afraid of the rich and powerful, then I can’t fight for victims. Intellectually, I think we all, male and female, understand the potential misuse of a power dynamic between a powerful man and a woman whose job is subservient to him. As the masterful author she is, Powell moves us step-by-step emotionally to see what it’s like to be a woman, not only in such a situation, but in a world in which some men feel they have the privilege to tell women what to do:

The power dynamic. It’s everywhere, all the time. Male bosses ask female employees to do personal errands for them, pick up the dry cleaning, order flowers for the wife, make the coffee. Next thing you know, they’re standing too close or patting their lap when she walks into the room. And then there’s the complete strangers in public, men who come up to women and demand a smile. Like we came into this world to decorate theirs? Women get it. We don’t talk about it to men, but trust me, every woman you know has experienced it in one way or another over and over again. We learn to live with it.

I mentioned that Booklife Review stated that this novel is a combination of “legal thriller, family drama, and polemic.” Like any good legal thriller, the tension builds throughout. Like any good book about family drama, it’s clear early there is some secret, and the reader is left guessing about the secret while more and more clues are dropped until the secret, and the drama, becomes clear. And like any persuasive polemic, the reader becomes more and more outraged, intellectually as well as emotionally, about the situation the polemicist describes.

This novel was so good at all three, that I could not even begin to write this review until a week had passed after I finished reading it. Although many of the quotes I used are to connect to the legal audience this quarterly is sent to, I highly recommend Implied Consent to lawyers and non-lawyers alike.

MOVIE REVIEW

I Care a Lot

By Franqui-Ann J. Raffaele, Esq.

There’s no such thing as good people. This edition’s movie review is about I Care a Lot, released in 2020. The film follows Marla Grayson, played by Rosamund Pike, who, by all outward appearances, is a caring, compassionate individual who has built a business on acting as court-appointed guardian to seniors who are unable to manage on their own anymore. She is trusted by the court and by all accounts is considered a good person. However, the more you learn about Marla and her business, the pleasant facade fades away. Marla’s “caring” business is really a highly unethical operation of guardianship fraud.

Working in collaboration with an amoral physician and a corrupt local nursing home, Marla deceitfully obtains emergency guardianships of competent older adults, who can’t appear in court to contest due to a “medical condition” attested to by their treating physician. Once appointed, Marla and her employees

systematically remove the ward from their home, sell all of their tangible assets — the house, the car, the precious family jewels — and immediately place the individual into a nursing home. If the older adult resists, they are met with force and police presence at their home. At the nursing facility, their access to a telephone is nonexistent and if the older adult causes enough of a fuss, the nursing facility will over-medicate them to keep them compliant, or at the very least confused. The whole process is designed to alienate the individual from their loved ones, their support systems, and the people who could help stop this from happening. This horrible miscarriage of justice steamrolls the older adult while Marla pays herself for her “caring” services.

At one point in the film, Marla stands in front of her wall of investments — by my count, over 60 individuals — and receives word that one of her long-term investments passed. All that money now

wasted on the decedent’s heirs. Now, Marla needs a new mark. Reaching out to her iniquitous physician, the doctor believes she found Marla a “cherry” — an older woman with no family, flush with cash. Marla’s research confirms as much, easy prey for her scheme. But Marla will soon find her easy prey is not so easy at all.

The film features performances by Peter Dinklage, Dianne Wiest, Chris Messina, and Isiah Whitlock, Jr. I Care a Lot presents an interesting, while at times horrifying, situation in which the elderly are victimized and a devious individual manipulates the legal system. I Care a Lot is currently available on Netflix.

A Word from USI Affinity | My Benefit Advisor

LONG TERM DISABILITY BENEFITS REVIEW

Although long term disability (LTD) benefits may lack the appeal of other more often utilized programs in a company’s benefit portfolio, for an employee who becomes disabled due to an accident, injury or illness, it becomes a critical and much appreciated safety net.

Designed to replace lost income when an employee is unable to work for an extended period of time, business owners have a choice to provide coverage to all employees as part of an employer-paid core benefit or make the program optional and employee paid, often as part of the company’s voluntary benefits portfolio. However, most insurance companies require a minimum level of participation when underwriting an LTD plan, providing an incentive for employers to automatically enroll all employees in the plan and make it a 100% employer paid benefit.

It should be noted that the upside for employees paying for the program with after-tax dollars or paying through a voluntary program is that if they become disabled and receive benefits, the payments will be tax-free.

LTD plans typically have a waiting period of 90 or 180 days, pay 50-60% of the disabled employee’s monthly income up to a stated maximum length of time, based on a very specific definition of “disability.” The carrier may or may not include commissions and bonuses in an employee’s income. Of particular importance is the carrier’s definition of disability. The most liberal definition of the term is “own occupation,” which allows the employee to collect benefits if they are unable to work due to

illness or injury, in their current profession. On the other end of the spectrum is a definition requiring an inability to work in “any occupation,” making it much more difficult for the employee to collect benefits.

The pricing for the benefit program is based on the level of benefits provided, and the demographics of the company’s workforce, among other factors. Larger companies and those with prior coverage will usually be required to submit past rate history or utilization information.

For the business owner, it is worth shopping carriers on a regular basis to compare not only pricing but the specific benefits offered by each insurance company, including any exclusions and limitations. Brokers and benefit consultants typically know the best carriers in each region for various industries and can more effectively shop and compare programs for the business owner or designated benefit manager.

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.

MCAP UPDATE

By Mary C. Pugh, Esq., Executive Director, MCAP

Welcome to the newest addition to our MCAP family.

MCAP is excited to welcome Chastity Bruno, Esq., our new Staff Attorney. Chastity focuses on Protection from Abuse (PFA) matters and protecting children’s rights in criminal cases and dependency proceedings. Prior to joining MCAP, Chastity was a partner with Montgomery McCracken Walker & Rhoads, LLP in the labor and employment department where she specialized in representing clients regarding Title VII claims (discrimination) and Title IX claims. Chastity graduated from paralegal school in 1993 and then from Duquesne University School of Law in 1998. She is admitted to practice in the Commonwealth of Pennsylvania and New York State. Chastity lives in Lower Gwynedd with her husband and three children. Chastity is an integral part of the MCAP team. Welcome Chastity!

MCAP Family Night at the Elmwood Park Zoo!

MCAP held its 2nd annual Family Night at Elmwood Park Zoo on Saturday, April 8, 2023. More than 125 MCAP family members, friends, and supporters enjoyed a great night at the zoo. Thanks to the help of our sponsors, all the guests enjoyed rides on the carousel, a picnic dinner, and of course ice cream for dessert! Giraffe feeding was a highlight of the night as young and old fed lettuce leaves to our friends Dhuroba, Mokolo and Gerald. Joining in the fun, MCAP’s service dog Nutmeg greeted guests. This annual spring event is now one of our important fundraisers to help critical funds for MCAP’s work to provide free legal services to child victims of abuse, neglect, and trafficking in Montgomery County. Next year’s Family Night at the Elmwood Park Zoo is booked for Saturday, April 20, 2024 – please save the date!

MCAP Wear Blue on the Steps and Appreciation Lunch!

MCAP recognized Child Abuse Prevention Month with Wear Blue on the Steps at the Montgomery County Courthouse. Surrounded by the Montgomery County Commissioners, members of our Board of Directors, MCAPs, and community partners, Executive Director Mary Pugh explained the importance of treating every day as child abuse prevention day. A special thanks to The Honorable Daniel J. Clifford and the Commissioners who shared their insights about child abuse prevention and the importance of MCAP. Board President Kate Imbesi thanked the Commissioners for their continued

commitment and support of MCAP and its mission. After the event, MCAP hosted an appreciation lunch at the Montgomery Bar Association. MCAP presented the 2023 MCAP of the Year award to Cheryl Ginsburg, wife of Jay Ginsberg, Esquire.” Jay was a wonderful MCAP who reminded us each day of the privileges in helping children and families. Mary Pugh also recognized MCAP advocates who donate their time to represent Montgomery County’s most vulnerable children.

Mark your calendar for the following important dates:

Child Advocacy Refresher CLE, Thursday, October 12, 2023, (8:30am-noon) at the Montgomery Bar Building

Salute to Heroes Dinner Dance and Auction, Saturday, November 11, 2023, at Sheraton Hotel in King of Prussia

See mcapkids.org for ways to get involved and upcoming events.

Montgomery Child Advocacy Project’s (MCAP) mission is to end and prevent child abuse and neglect in Montgomery County through legal services, advocacy, and education. MCAP operates as a pro-bono model with 140+ professional attorneys (trained by MCAP) on our roster who donate approximately 8,000 hours to our child clients’ cases each year. Since our founding in 2004, MCAP has provided free legal services for more than 6,200 children. To learn more please see our website at www.mcapkids.org.

Emeritus Attorney Status: How retired attorneys can continue to provide pro bono legal services

By Sara Planthaber, Esq., Legal Aid of Southeastern PA Staff Attorney, and Jennifer Pierce, Esq., LASP Pro Bono Director

Attorneys have a unique collection of knowledge and experience over the course of their years of practice. When attorneys decided to retire from active practice, those years of experience can now be used to serve those who otherwise cannot afford counsel. Through the emeritus attorney program, retired attorneys can help the community without incurring the cost of maintaining an active law license.

In an effort to support pro bono work and to bridge the gap in accessing justice for those experiencing poverty, the Supreme Court of Pennsylvania adopted Pennsylvania Rule of Disciplinary Enforcement 403 in 2018, creating “emeritus” attorney status. Rule 403 allows attorneys who are on retired status to continue to practice law by volunteering with a legal aid organization without the cost of maintaining an active status.

As of March 2023, Pennsylvania has 36 emeritus attorneys who are enrolled in the program, according to Dana Belella, Assistant Director of the Disciplinary Board of the Supreme Court of PA.

To qualify for emeritus status, the attorney must be on retired status and have completed at least six hours of continuing legal education (CLE) credits the year prior to applying for emeritus status. When completing the application, a qualifying legal aid organization (including Legal Aid of Southeastern PA) submits a form in support of hosting the attorney. The $35 application fee

is the only charge to maintain emeritus status. LASP staff can help attorneys access CLEs to satisfy the requirement and in completing the application. Emeritus attorneys do not need malpractice insurance; they are covered under the legal aid organization’s professional liability insurance.

Specific volunteer opportunities in Montgomery County for emeritus attorneys:

• Assist tenants facing eviction on the day of their hearing, as part of Montgomery County’s award-winning Eviction Prevention and Intervention Coalition (EPIC) program.

• Help low-income families with uncontested divorces.

• Work with seniors who need estate planning documents.

• LASP also welcomes experienced attorneys who are interested in providing mentorship to guide newer attorneys in these areas of law.

LASP also continues to help low-income survivors of Hurricane Ida. Similar to other disasters, Ida’s legal impact is expected to continue for years. Cases may arise which are outside of Legal Aid of Southeastern PA’s regular practice areas. Problems with insurance are one possible need.

Whether retired attorneys want to continue with their same practice area or use their foundation to try something new, they can leverage their years of knowledge and experience into giving back to their community by providing this much-needed service.

To read more about Emeritus Status, visit padisciplinaryboard.org/for-attorneys/resources and scroll to EMERITUS ATTORNEYS, or visit lasp.org/pro-bono.

If you are interested in volunteering with Legal Aid of Southeastern PA and applying for Emeritus status, please contact Kathryn Palladino, LASP Staff Attorney and Montgomery County Pro Bono Coordinator, at kpalladino@lasp.org or 484-209-0892.

ATTORNEY DISCIPLINARY AND ETHICS MATTERS

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

RESTAURANT REVIEW

Planchette Bistro and Creperie

By Gregory Gilston, Esq.

On a Sunday evening in the middle of May, my wife and I ventured into an unsuspecting bistro on the corner of Butler Avenue in Ambler, Pennsylvania. Immediately upon stepping through the restaurant doors, we were drawn in by the Parisian feel. Cabaret posters and French art lined the walls. Floor to ceiling windows overlooked the sidewalk tables and public park in the distance. This charming BYOB restaurant was exactly what one would picture upon hearing the words “French Bistro.”

The food menu only amplified this fitting model of a classic French Bistro. Escargot. Crepes. Saucisse Andouilee. Haricot Vert. Coq Au Vin. The list goes on. My wife and I, being the cheese extraordinaries we consider ourselves to be, naturally decided to begin our meals with the Gratinee a l’aignon… because when in Rome. These French onion soups were absolutely textbook, and even tastier than they were goodlooking. Each crock housed a perfectly salted broth, tender onions, and melted gruyere cheese lining the entire rim… this was the ideal French Onion Soup, no doubt about it.

For our next course, we split the La Viande crepe… this decadent dish contained mixed wild mushrooms with short ribs in a truffle cream sauce. We scarfed this down quite rapidly because it was just that tasty. The crepe itself was light and airy, and the short rib tender as could be. It almost felt like we were eating a savory dessert before the entrees were even served. Sinful to say the least.

For her main entrée, my wife ordered Steak Frites. The steak looked and tasted exactly how a flatiron should. Even more, the chef sliced the steak, which is always an added touch. And while the steak was tender and juicy (as expected), the French fries stole the show. You may be asking yourself, what is a good steak frites without a reliable French fry? The answer is… nothing. But this steak frites delivered, in large part due to its reliable supporting cast of French fries.

For my main entrée, I decided to opt in to one of the off-menu specials… a bone-in veal chop stuffed with grilled red peppers, sauteed garlic spinach, and melted raclette cheese (with a side of haricot vert and fingerling potatoes). HOLY… VEAL! Not only was this a meal of epic portions, but the first bite sent me into an alternate French universe that I did not even know existed. The veal chop was truly amazing, and each bite was more enjoyable than the next.

We skipped dessert because we just couldn’t stomach another bite of anything else. Sometimes, you’ve just got to know when to waive the white flag.

I do highly recommend Planchette to anybody who wants to dine under the stars at a BYOB restaurant in Montgomery County. The menu prices are a bit steep, but the portions make up for the initial sticker shock, and the fact that it is BYOB (without a corking fee) helps to add some value back to your night on the town. Furthermore, Planchette just might be the picture-perfect date night spot, with a relaxing ambiance and immaculate Parisian décor. You will certainly have a great night with your partner when you dine at Planchette. And if you do not have any plans to spend your summer in Paris, I highly recommend you spend one night at Planchette Bistro and Creperie instead!

95 E. Butler Ave., Ambler, PA 19002 (267) 468-7695 planchettebistro.com

April 18, 2023

Presidential Caterers, East Norriton, PA

Local Legal Community Comes Together to Celebrate Law Day

On Friday, April 28, 2023, the Montgomery Bar Association, in coordination with the Montgomery County Court of Common Pleas, celebrated Law Day – a national celebration of the role of law in our society and to cultivate a deeper understanding of the legal profession.

President Judge Carolyn Tornetta Carluccio presided over the ceremony, which featured a memorable address by The Honorable Virgil B. Walker on the topic of this year’s Law Day celebration: “Civics, Civility, and Collaboration: Cornerstones of Democracy.”

The MBA’s Law Day ceremony also featured the swearing-in of new admittees to the Bar of Montgomery County during the past year and a number of Community Service Awards as captioned in the accompanying photos.

All attendees were invited for a free luncheon at the MBA Building following the ceremony. A special thank you to our event sponsors Harris Investigations and Lexitas.

Young Lawyers Section Mock Trial Award Lower Merion High School

New Admittees

Courthouse Employee Award

Robert Robbins Montgomery County Director of Security

Henry Stuckert Miller Community Service Award

Kathryn M. Palladino, Esq. Staff Attorney, Legal Aid of Southeastern PA

MBA Public Service Award

Rebecca Colantuno

Second Deputy Director, Montgomery County Domestic Relations Office

Liberty and Law in North Penn

By Franqui-Ann J. Raffaele, Esq.

The Liberty and Law Program first began in 2011 in the Norristown Area School District. The Liberty and Law program was designed as a community outreach opportunity for local lawyers and judges to interact with students and teach them about the Constitution, the rule of law, and our civic duties as citizens. While the Norristown Area School District’s Liberty and the Law Program is currently on hiatus, those interested in participating in this program can volunteer with the North Penn Liberty and Law program, run by Judge Andrea Duffy. Judge Duffy brought this program to the North Penn School District and Mary, Mother of the Redeemer Catholic School in 2012. Since 2012, Judge Duffy and her many volunteer attorneys have taught in the classrooms of sixth graders, impacting thousands of students in the North Penn School District. Judge Duffy has continued this program for over a decade, even continuing the program through the COVID-19 pandemic. My experience as a volunteer attorney was distinctly rewarding. The students are bright, interested and energetic to learn about civics. I spent most of the lessons answering relevant and thought-provoking questions. I left each class impressed by the depth of knowledge and understanding each of the students exhibited. Each student came to class prepared with their own individual point of view. My experience is not unique. Many of the regular volunteers of this program have found it similarly rewarding.

In recognition of all of her efforts, Judge Andrea Duffy will be awarded the National Judicial Civic Award from the American Lawyers Alliance in August as part of the American Bar Association conference. Judge Duffy will be the first female judge to receive this award.

The Liberty and Law program runs throughout the school year, from September until May. If you’re interested in volunteering in one or more of the monthly in-school instructions, feel free to reach out to Judge Duffy, at Andrea.Duffy@ montgomerycountypa.gov, or look for more information through the Montgomery Bar Association website.

MBA Welcomes Federal Magistrate Judges

On May 1, 2023, the Federal Court Practice Committee welcomed the newest Magistrate Judges for the Eastern District of Pennsylvania for a networking reception and CLE seminar. We were joined by The Honorable Pamela A. Carlos, The Honorable Scott W. Reid, and The Honorable Craig M. Straw, who discussed best practices and conducted a Q & A session with participants about their individual courtroom procedures.

Thank you to Committee Chair

Aimee L. Kumer, Esq., and Vice Chairs Cary L. Flitter, Esq., and John S. Han, Esq., for organizing the event.

Pictured left to right: Aimee L. Kumer, Esq.; Hon. Craig M. Straw; Hon. Pamela A. Carlos; Hon. Scott W. Reid; Cary L. Flitter, Esq.; and John S. Han, Esq.

Keep busy with the Pro Bono, Access to Justice, and Community Service Committee

By Timothy M. Knowles, Esq., Chair

The Pro Bono, Access to Justice, and Community Service Committee started 2023 with a bang. On May 11, 2023 members of the committee partnered with Legal Aid of Southeastern Pennsylvania (LASP) and Senator Art Haywood to hold an Advanced Planning Legal Clinic. Montgomery County residents over the age of 60 who met income requirements received free wills and powers of attorney.

On May 15, 2023 members of the committee volunteered at the Norristown Hospitality Center as part of the Young Lawyers Section’s May Month of Service. Volunteers worked to prepare and serve lunch at the center.

As part of our push to get committee members in court, on May 31, 2023, we partnered with LASP on a CLE for the award-winning EPIC program. The EPIC program stabilizes vulnerable families and individuals in Montgomery County who are facing eviction by providing them with free legal and social service support on the day of their hearing. It is anticipated that the need for volunteers will skyrocket in coming months. CLE participants will be well positioned to provide vital representation to those in need.

Finally, on June 13, 2023, the committee sponsored an event with Integrate for Good. Committee members participated in the “Sleeping Mat Project,” where they turned used plastic bags into sleeping mats for those experiencing street homelessness. Moving forward, keep your eyes and ears open for our fall volunteer activities and food/clothing drive. We aim to stay busy and ideas for volunteer opportunities are always welcome!

MBA Presents Wills for Seniors Clinic

The MBA recently partnered with SeniorLAW Center to host a Wills for Seniors clinic on Tuesday, May 2, 2023 at the TriCounty Active Adult Center in Pottstown. After hosting successful clinics in Norristown, the partnership decided to expand efforts to serve seniors living in the western side of the county.

The MBA’s Probate and Tax Section; Elder Law Committee; and Diversity, Equity, and Inclusion Committee all worked together to promote and recruit volunteers for the event. As a result of their efforts, over a dozen attorneys came out to assist low-income seniors by providing free wills and other estate planning documents. In all, approximately 44 documents were drafted and executed for 11 seniors.

Volunteers included: Pottstown Mayor Stephanie Henrick, Ashley Garland, Andy Gavrin, Cindy Dengler, Elizabeth Killacky, Erin Saulino, Franqui Raffaele, Misty Toothman, MBA President-Elect Lisa Shearman, and MBA Past Presidents Jacqueline Reynolds and Patrick Kurtas.

Special thanks to Lucy Qiu and Joanne Jarzebowska at SeniorLAW Center for partnering with us and coordinating the event!

And finally, to the great folks at TriCounty Active Adult Center for hosting us!

Dinner Dance

Friday, April 21, 2023

Union League Liberty Hill

Lafayette Hill, PA

continued on next page >

DInner Dance

Annual Memorial Service

On Friday morning, March 31, 2023, Montgomery County court rooms stood silent as members of the Bench and Bar celebrated the lives of members who recently passed at the Montgomery Bar Association’s Annual Memorial Service. The ceremony, held in Courtroom “A” of the Montgomery County Courthouse, was led by President Judge Carolyn Tornetta Carluccio and included inspirational memorial minutes given by family, friends, and colleagues of the recently deceased. After an inspiring introduction by MBA President Justin A. Bayer, the following members were honored (in alphabetical order):

Irving L. Abramson, Esq.

(April 13, 1948 – November 30, 2022)

Memorial Minute presented by: Seth D. Wilson, Esq.

John T. Acton, Esq.

(August 6, 1928 – December 11, 2020)

Memorial Minute presented by: Lisa A. Shearman, Esq.

David W. Conver, Esq.

(March 17, 1955 – May 8, 2022)

Memorial Minute presented by: Mark B. Dischell, Esq.

The Honorable Calvin J. Drayer, Jr.

(September 12, 1939 – May 30, 2022)

Memorial Minute presented by: The Honorable Henry S. Hilles

Robert C. Fernandez, Esq.

(August 7, 1940 – June 14, 2022)

Memorial Minute presented by: Joan Knecht

Anthony M. Gallo, Esq.

(October 26, 1965 – December 16, 2022)

Memorial Minute presented by: Steven F. Fairlie, Esq.

Jay H. Ginsburg, Esq.

(January 31, 1946 – September 20, 2022)

Memorial Minute presented by: Alex J. Ginsburg, Esq.

Joseph J. McGrory, Jr., Esq.

(September 28, 1957 – August 16, 2022)

Memorial Minute presented by: Joanne Lemanowicz

Lawrence Pauker, Esq.

(September 13, 1949 – September 5, 2022)

Memorial Minute presented by: Peter S. Friedman, Esq.

David A. Peckman, Esq.

(January 8, 1965 – March 5, 2022)

Memorial Minute presented by: Charice Chait Peckman, Esq.

Joseph J. Pizonka, Esq.

(June 5, 1948 – December 12, 2022)

Memorial Minute presented by: John I. McMahon, Jr., Esq.

Pace Reich, Esq.

(December 2, 1930 – February 20, 2022)

Memorial Minute presented by: Scott E. Miller, Esq.

H. David Spirt, Esq.

(November 1, 1941 – May 8, 2019)

Memorial Minute presented by: Mark D. Turetsky, Esq.

Ronald H. Sherr, Esq.

(December 10, 1929 – December 18, 2022)

Memorial Minute presented by: Stefanie M. Sherr, Esq.

Charles J. Tague, Jr., Esq.

(April 29, 1948 – August 15, 2021)

Memorial Minute presented by: Justin A. Bayer, Esq.

Allen K. Tomlinson, Esq.

(March 9, 1934 – April 14, 2022)

Barry J. Tomlinson, Esq.

(September 2, 1958 – May 31, 2022)

Memorial Minutes presented together by: Michelle M. Forsell, Esq.

WIRE TAPS MEMBER News

Jennifer J. Riley, Owner and Managing Attorney of the Law Offices of Jennifer J. Riley, was selected to serve as one of six panelists at MetricStream’s 3rd Annual International Women’s Day Event, “Your Key to Success: Embracing Equity.” The event took place on International Women’s Day on March 8th and the panelists, including Shabari Madappa, Joanna Dahlseid, Mandy Killam, Dr. Cara McClintock-Walsh, and Silvia MensdorffPouilly, offered advice and insights into policies and practices that can help create a more equitable world.

Hamburg, Rubin, Mullin, Maxwell & Lupin is pleased to announce that John C. Rafferty, Jr. is the recipient of the Perkiomen Valley Chamber of Commerce 2023 Marvin J. Lewis Community Service Award. According to the Chamber, the award “is presented to an outstanding member of the Perkiomen Valley community who qualifies both in deed and spirit and who, through their longterm efforts and involvement, have made a significant, positive impact upon life within the Perkiomen Valley.”

Mudrick & Zucker, P.C. of Blue Bell, PA is proud to announce that Adam D. Zucker, founding shareholder at the firm, is the most recent recipient of the “Angel Flight East Vista Award.” The Vista Award is presented to an individual who has endeavored to support or serve others to elevate the greater good of the communityboth local and beyond — through words, deeds and actions. The recipient is chosen for their outstanding service as evidenced by the interest and leadership they have provided to worthwhile organizations as well as the respect and esteem in which they are held by their colleagues.

Through his legal practice and volunteerism Adam has made good work an integral part of his life. Adam is the previous recipient of a commendation from the Senate of Pennsylvania for donating bone marrow to a young girl with leukemia and received the humanitarian award from the Montgomery

Bar Association for the same act. He is also the recipient of the Bar Association’s Henry Stucker Miller Public Service Award for his leadership and service to the legal community of Montgomery County.

Ned Hark, a partner of the law firm of Goldsmith, Hark & Hornak, P.C. in Philadelphia, was appointed to serve as a member of the Supreme Court of Pennsylvania Domestic Relations Procedural Rules Committee. Mr. Hark, a former chair of the Family Law Sections of both the Pennsylvania and Philadelphia Bar Associations, is a fellow in the American Academy of Matrimonial Lawyers.

High Swartz LLP is pleased to welcome attorney Caitlin Foley to the firm. Caitlin focuses her family practice on divorce, custody, support, and mediation. She is a certified mediator with the American Council of Mediators and founded the mediation practice at her previous firm. Caitlin primarily works with clients in the Philadelphia region and its suburbs.

Hamburg, Rubin, Mullin, Maxwell & Lupin is pleased to announce that a highly experienced corporate lawyer, J. Kurtis Kline, has joined the firm as a partner in the business law department.

Kurt most recently served as Secretary and General Counsel of an international consulting company which provided services to some of the country’s largest banks, credit card issuers, and other financial institutions, and to a software company, also in the financial services industry, which was spun out of the core business. Prior to these roles, he spent 10 years practicing corporate law in and around Philadelphia.

Kaplin Stewart in Blue Bell, is pleased to announce that Benjamin R. Picker has joined the firm as a principal in the Commercial Litigation group. He previously was a partner in a prestigious Main Line law firm and co-founder and principal of Donoghue & Picker. Mr.

Picker is an accomplished litigation attorney with extensive experience in all types of civil litigation. Ben testified as a legal expert before the United States House of Representatives Small Business Committee on the topic of the misuse of confessions of judgment by unscrupulous merchant cash advance companies. He is known throughout the Philadelphia area for his thoughtful counsel to and forceful representation of clients in a broad range of legal disputes, including those relating to contracts, real estate and leases, mechanics’ liens, consumer protection, insurance, constitutional rights, securities, class actions, intellectual property, business law, creditors rights, and employment law.

John Han, Founder and Principal of Han Law LLC in Plymouth Meeting, has been appointed as a Hearing Committee Member serving the Disciplinary Board of the Supreme Court of Pennsylvania. Mr. Han is a veteran of the United States Navy and currently serves in the United States Navy Reserve, where he was appointed Military Trial Judge for the Navy-Marine Corps Trial Judiciary. Mr. Han also served as an Assistant District Attorney for the Philadelphia District Attorney’s Office and as a Trial Attorney for the United States Department of Justice’s Organized Crime and Gang Section.

Leslie K. Heffernen was elected Chair of Ambler Savings Bank. This marks a historic milestone in the bank’s 149-year history as the first female Chair.

Hamburg, Rubin, Mullin, Maxwell & Lupin is pleased to announce that Environmental Law Chair Steven A. Hann, Esq., spoke about stormwaterrelated issues at a recent national webinar for HalfMoon Education, Inc., entitled “NPDES Stormwater Management Program 2023.” He also recently spoke both in person and virtually at four Board Member Training Sessions across Pennsylvania presented by the Pennsylvania Municipal Authorities Association (“PMAA”).

Welcome New Members

The following members have been admitted to the Montgomery Bar Association between March and May 2023:

Joachim Thomas Antz

Stephen P. Barson

Zachary Bartman

Julie Bernstein

Katherine Bierly**

Amanda Boardman

Chastity Carter Bruno

Charles Lane Burrows

Christine Carey Cregar

Fred M. Feder*

Janelle Fulton

Stephen F. Gehringer*

J. Kurtis Kline

Tina Lawson

Thomas Logan*

Christine Pierce Lora

Margaret MacDonald**

Courtney Seda McDonnell

Albert J. Michell

Harsha Mikkilineni (1st Year)

Sally Kocher Miller

Lauren Nonnemaker*

Kaylie O’Donnell**

Joelle Shanesy

Jared Slipman

Megan Stenstrom

Renaud Jeante Vann**

* Returning Member ** Law Student Member

The following members are retiring from the Montgomery Bar Association:

Janet E. Amacher

Bernard Granor

Joanne Fishman

Janet K. Lubon

Nancy B. Schneider

Barbara M. Smith

Victor M. Verbeke

Alan C. Wecht

June 29, 2023 – YLS Summer Happy Hour / Harry’s Blue Bell Taproom, Ambler, PA

July 19, 2023 – Get in the Loop Happy Hour / Stove & Tap in Lansdale, PA

August 15, 2023 – Naturalization Ceremony / Montgomery County Courthouse

August 16, 2023 – Get in the Loop Happy Hour / Pottstown, PA

August 24, 2023 – Bridge the Gap CLE / MBA Building

September 13, 2023 – Women in the Law Networking Night / Location TBD

September 29-October 1, 2023 – Bench Bar Conference / Alexandria, VA

November 3, 2023 – MBA Membership Dinner & 50-Year Member Celebration / Location TBD

*The events and dates above are subject to change and this is not a comprehensive list. Please visit the Events page on www.montgomerybar.org for an up-to-date list of current events.

In Memoriam: William Henry Pugh, IV, Esquire (January 27, 1937 – May 23, 2023)

The Montgomery Bar Association mourns the loss of a cherished member, leader, and stalwart supporter: William Henry Pugh, IV, Esquire. Known to most as “Bill,” “Bill 4,” or “GH,” Mr. Pugh’s contribution to the MBA is immeasurable.

Mr. Pugh joined the MBA on November 2, 1964, beginning an illustrious career as one of the area’s most prominent litigators and trial attorneys. In 1975, he formed a partnership with Edward F. Kane, which became the law firm of Kane, Pugh, Knoell, Troy, and Kramer, LLP.

In 1995, Mr. Pugh served as President of the MBA, having served previously as President Elect, Vice President, Secretary and Treasurer. He has also chaired the Association’s Judiciary, Nominating, Medical Legal, Bench Bar and Long Range Planning Committees, and served on the Executive Committee from 1991 to 1996. He was President of the Montgomery Bar Foundation in 1996, and President of Montgomery County Trial Lawyers Association in 1973.

Additionally, Mr. Pugh has provided invaluable guidance and sage advice to a generation of Bar Leaders, not only in his official capacity as Chair of the Council of Past Presidents, but by his constant presence at MBA meetings and events, as well as his eloquent contributions to Sidebar Magazine [see below] and other MBA publications.

The Montgomery Bar Association extends our deepest condolences to Nancy and the entire Pugh family and join them

in mourning the loss of a great man and barrister. His impact and legacy will be felt for years to come.

We leave you with Mr. Pugh’s own words, which are as relevant now as when they were originally published in Sidebar nearly 30 years ago:

President’s Message – April 1995

By William H. Pugh, IV, Esquire

You are blessed!

You are fortunate!

You are privileged to be a member of a very exclusive club. You are a member of the Montgomery Bar Association. Only bonafide Montgomery County lawyers need apply. In exchange for this precious and priceless privilege, you should give something back.

Be active. Volunteer to help Harvey Strauss at Legal Aid. Call Wendy Rothstein or Dick Abell to join the Speaker’s Bureau. Make a contribution to the Montgomery Bar Foundation. Write an article for the Sidebar. Attend the social events, patronize our CLE programs, recruit new members. Join and participate in a committee of your choice.

Call me and I will make sure you are appointed to that committee. Be proud to be a member of the club. Treat your fellow members with courtesy and respect. Honor the Bench. Take issue with those who demean the profession. Remind them that they dislike every

lawyer except their own. They knock every lawsuit except the one they want to bring. They obey all laws except the one they want to break. When they need help or succumb to human foibles, we are always there, ready to serve them.

Emulate the giants of the bar. For example, one of our living legends is Henry Stuckert Miller, Esquire. He was President of the Association in 1965. He is an authentic World War II Marine lying ace and hero. He has been serving the citizens of Eastern Montgomery County for almost fifty years with the utmost competence, class and distinction. He is the epitome of a Montgomery County Lawyer.

Don’t fret about the image of lawyers. There are more important problems to worry about - the scourge of AIDS, virulent racism, crime, guns, underfunding of the justice system to name but a few. Help address these real problems in a meaningful way. Serve the profession.

Serve the public. That’s what a Montgomery County lawyer does. That’s the best way to improve our image. That’s the best way to pay for club privileges at the Montgomery Bar Association.

Finally, consider the words of Galsworthy:

‘The law is what it is - a majestic edifice, sheltering all of us, each stone of which rests on another.’