theWRITS THE OFFICIAL PUBLICATION OF THE BUCKS COUNTY BAR ASSOCIATION
WINTER 2017
Sr. Judge John Rufe: “This I Believe”
The Mercer Museum Lawyers Concerned for Lawyers
.org
Learn from PA’s best. Anytime. Anywhere. PBI has Pennsylvania’s most comprehensive selection of online CLE: hundreds of programs in the lengths, on-demand formats, and subject areas you need.
Convenient, affordable, impactful — and updated daily with fresh resources to empower you and your practice.
contents
theWRITS THE OFFICIAL PUBLICATION OF THE BUCKS COUNTY BAR ASSOCIATION
CONTACT INFO
WINTER 2017
President’s Message .......................................................................................... Page 4
President David J. Truelove Vice President/President Elect Jessica A. Pritchard Secretary Daniel M. Keane
“This I Believe” For much of my life, I have considered myself a “not-that-bad” writer, okay for an amateur. After all, as a judge I have authored some of my own...
.......................................................................................... Page 7 Judge Jeffrey G. Trauger, Bucks County Court of Common Pleas
Treasurer Robert T. Repko Writs Editor Scott L. Feldman Writs Committee Susan Dardes Scott I. Fegley Dianne C. Magee Paul Perlstein Christopher J. Serpico David J. Truelove
The newest addition to the bench of the Bucks County Court of Common Pleas was officially installed on...
........................................................................................ Page 10 The New Face of LCL During the 1960s, a handful of recovering lawyers were quietly assisting colleagues who were getting...
e....................................................................................... Page 16 The Hungry Lawyer – Il Melograno: Elegant Italian Dining Anthony Bourdain has proclaimed Italian food as the current world’s cuisine. Who would argue?...
........................................................................................ Page 20
Writs Photographer Dylan Gilheany Bar Association Office 135 East State Street Doylestown, PA 18901 215.348.9413 www.bucksbar.org email submissions to WritsEditor@BucksBar.org
From the Archives: Judge or Juror...Both! Did you hear about the Bucks County attorney who actually let Judge Kane sit on his jury...
........................................................................................ Page 24 The Mercer: Bucks County’s Other Museum It has been my privilege over the last six years to be an active member of the Mercer Museum...
........................................................................................ Page 26 Book Review: “The Quartet”
PUBLISHER Hoffmann Publishing Group, Inc. 2921 Windmill Road Reading, PA 19608 610.685.0914 x201 HoffPubs.com
Joseph Ellis’ masterful “The Quartet” is a readable account of the efforts of four Founding Fathers...
........................................................................................ Page 30 Also in This Issue: • BCBA Annual Dinner • Michelle Henry Reception... • Criminal Law Section Winter Solstice • BCBA Law Institute • Ladies Night Out... • Tech Tips From a Recovering Geek • Music Snob’s Top 5 List • Pro Bono Honor Roll
Advertising Contact Alicia Lee 610.685.0914 x210 Alicia@HoffPubs.com
The written and visual contents of this magazine are protected by copyright. Reproduction of print or digital articles without written permission from Hoffmann Publishing Group, Inc., and/or the Bucks County Bar Association is forbidden. The placement of paid advertisement does not imply endorsements by Bucks County Bar Association.
3
Page 14 Page 19 Page 23 Page 25 Page 28 Page 32 Page 33 Page 34
10% Post Consumer Waste Please Recycle
WINTER 2017
President’s Message
tions on all levels have been altered by the 24-hour information cycle, and the ease and facility of communication: globally, through email, social media, real time visual media, etc. For this “old dog”, the new tricks are sometimes difficult to master. But, as my partner Frank Sullivan accurately states, our job still basically consists of pushing the rock up the hill, every day. For, not only is quick, accurate problem-solving necessary, but consistency and thoroughness of effort is also required, and appreciated.
As the incoming 2017 BCBA President, I have a substantial legacy to fulfill and to follow. My immediate predecessor, Grace Deon, led with good humor, hard work, and diligence, characterized by her apt first name. Other past Presidents, including four in David Truelove my Hill Wallack office (Barbara Bucks County Bar Kirk, Tim Duffy, Dean Arthur, Association President Frank Sullivan) have and will be mentors during my tenures. Many other past Presidents have offered encouragement, support, and appreciated advice.
How does BCBA fit in to all of this? As I said in my (brief) remarks at the December 1 annual meeting, we have an organization that rests on great tradition, but is constantly looking to lead in attracting and keeping new members, and be a relevant part of the professional and personal lives of Bucks County attorneys. Many older, experienced lawyers can provide valuable insight into work/life balance issues, practice tips, and the “business” of practicing law. Simultaneously, younger attorneys bring a wealth of knowledge about technology, research capabilities, and relating to a new type of client base: a few of us “Baby Boomers,” but more Gen-Xers, and Millennials.
We hope to accomplish much this year. First and foremost, our Executive Director search is well underway, under the able leadership of Committee Chair Tim Duffy (if you work with me, you’re easier to grab for delegated tasks). Interim ED’s Dave Breidinger and Stacey Mulholland have performed stellar work to help bridge the gap between past ED Deanna Mindler, and the permanent ED appointment. It’s readily apparent that a lot of people make the BCBA a busy, thriving enterprise.
I have and will encourage all of our Sections, Committees and Divisions to be pro-active (there’s that word, again) in using their unique formats to bring together the diversity of ages, backgrounds and experiences of their memberships, and to brainstorm how we can insure not only relevance, but serve (there’s that word, again) to promote discussion related to common issues, concerns, and solutions, to the terrific attorneys (and judges) who comprise these different groups. Whether it’s juggling professional and parenting demands, an overwhelming caseload, a difficult co-worker, or prioritizing the mountainous email responses we all encounter – everyone should have place, like in “Cheers,” where “everyone knows your name.” Simply stated, the BCBA should be a place of refuge and opportunity.
“As lawyers, we are in a service industry. We are only as successful as our clients are satisfied with our service.” The day to day work of the staff has proceeded without a hitch, insuring that the basic and important BCBA services are delivered promptly, efficiently and accurately. In future articles, I will highlight the staff members who provide us with the necessary work, which all of us appreciate, and many of us (including me) have taken for granted, until seeing the effort upon closer view. “Service” is a word overused, but doubtlessly misunderstood. Simply stated, it is “work done for others.” (Webster’s New World Dictionary)
I’m excited to work with this year’s Board of Directors and Executive Board. They are energetic, committed and, perhaps most importantly, possessed of healthy senses of humor. The group is collegial and dedicated – a microcosm of the BCBA, itself. Our year has started off quickly with the January 13
As lawyers, we are in a service industry. We are only as successful as our clients are satisfied with our service. In a world dominated by technological advances and challenges, we ourselves are challenged to meet the expectations of individuals, businesses; public and non-profit entities who demand quick, accurate and comprehensive responses to solve their manifold problems and answer “simple” questions. Expecta-
theWRITS
We Welcome Your Feedback! Thanks for your interest in theWRITS. Please send all comments, questions, submissions to: WritsEditor@BucksBar.org.
4
celebration of Michelle Henry’s appointment as the Commonwealth’s First Deputy Attorney General, to the February 1 unveiling of Judge Albert Cepparulo’s painting (with appropriate post-unveiling celebration at the Bar Association Building), to the February 16 Opening of Assizes, preceded by the popular one-hour Judicial Roundtable CLE. In March, we will host the First Annual Business Law Institute, an endeavor much needed, but which also properly highlights the talent of legal professionals in our midst.
Office Suites for Rent! Located at 122 E. Court St. in Doylestown, PA. Perfect for legal and professional use. For more info, contact Tom Panzer or Bill Bolla at 215-345-8888.
“We have an organization that rests on great tradition, but is constantly looking to lead in attracting and keeping new members, and be a relevant part of the professional and personal lives of Bucks County attorneys.”
attend. If I am to embarrass myself in front of my peers, I expect all to similarly participate. Finally, I would be remiss not to publicly acknowledge the support of my law firm and colleagues (and support staff), for this year’s term. Similarly, I must also publicly acknowledge the love and support of my dedicated wife, and best friend, Jamie.
As President, I can impress my “stamp” on the various events. For this year’s Opening of Assizes the theme will be “Spring Training is Right Around the Corner,” celebrating my lifelong love with baseball. Another passion of mine is music, which I will, in some form or fashion, use to encourage a fundraiser later this year, as a Karaoke event. I expect all to
Stay tuned and buckle your seatbelts. This will be a fun, productive year.
Women Lawyers Group Supports YWCA The Bucks County Bar Association Women Lawyers Division recently presented a check for $2,000 to Karen Forbes, Executive Director of the Bucks County YWCA. Participating in the presentation are Karen Forbes, Executive Director of the BC YWCA and members of the Bucks County Bar Association Women Lawyers Division, Felicity Hanks, Esq. of Hill Wallack, LLP, Charisa J. Liller, Esq. of Curtin & Heefner, LLP (Chair of the Women Lawyers Division) & Dawn Padanyi, Esq.
5
WINTER 2017
From the Editor...
We are sorry to see Michelle go, but now she has a tremendous opportunity to serve the public all over the state. Our loss is Pennsylvania’s gain.”
Good on Ya, Michelle Henry!
In other areas of Pennsylvania where they are less familiar with Ms. Henry, many know her as the out of county ace who successfully prosecuted then Attorney General Kathleen Kane last Summer. Somewhat ironically, Michelle is now tasked with the challenge of re-instilling the faith of everyday Pennsylvanians in that same office. She embraces that mission, along with the vastly greater administrative responsibilities she will assume. As a result, she will now spend less time in the Courtroom. Of course, when she is in the Courtroom: look out! Her final jury trial in Bucks County ended the way a great many others did, with a successful verdict of guilty.
It is a primary goal of this publication to highlight the good deeds and professional successes of our members. Believe it or not, many attorneys shy away the spotlight and prefer not to be singled out for a notable case or career advancement. Regardless, if I may speak on behalf of the bench and bar, we could not be more proud of Michelle Henry, and would be remiss if we did not celebrate her distinguished 21 year tenure in the Bucks County District Attorney’s office which has now led to her appointment as Pennsylvania First Deputy Attorney General.
On January 13, a Reception was held in her honor at the Bucks County Bar Association (see photographs on page 19). More than 150 co-workers, fellow members of the Bar and an impressive number of current and former Judges came out to salute Ms Henry’s career and wish her well. Mr. Weintraub and Chief of Prosecution, Daniel Sweeney, each spoke. Although I initially had trouble spotting Ms. Henry in the crowded room due to her dimunitive stature, it was much easier to observe the outsized influence she has had and the large shadow she casts.
“Michelle is now tasked with the challenge of re-instilling the faith of everyday Pennsylvanians in that same office.”
-Scott L. Feldman
Courtroom strategy decisions come easy to Ms. Henry: those heat of the moment pivots that can lead to a successful outcome at trial, or alternatively, blow up in one’s face. A much harder decision would be whether to leave her co-workers and friends of the Bucks County District Attorney’s office. She was hardly looking for such a change but was personally solicited by recently sworn in Attorney General, Josh Shapiro. Opportunity knocked, and well, she answered the call. Michelle describes the decision as bittersweet, although it does represent a return to Harrisburg, where she attended Widener University School of Law (class of 1995). She will miss her friends in Bucks County but is looking forward to new challenges.
Need a Lawyer? Welcome to the Bucks County Bar Association’s Lawyer Referral and Information Service (LRIS) serving all of Bucks County. The LRIS is a public service of the non-profit Bucks County Bar Association. Each year the LRIS responds to thousands of callers, referring them to attorneys with experience in the appropriate area of law or to area agencies able to provide assistance. Persons identified as needing legal representation and who do not claim inability to pay an attorney will be referred by LRIS to a participating attorney. LRIS participation is open to all Bucks County Bar Association members having their primary office in Bucks County. You can contact the LRIS at 215-348-9413.
For some twenty-one years, Ms. Henry has been a fixture of the D.A.’s office. She worked her way through the ranks and served as District Attorney from 2008 to 2009. In her current position as First Assistant, she spends a great deal of time in the Courtroom and is something of a mentor to many of her younger colleagues. District Attorney Matt Weintraub shares that same bittersweet sentiment: “Michelle Henry is leaving a legacy here at the Bucks County District Attorney’s Office that will guide us in our pursuit of justice for years to come. theWRITS
6
feature
“This I Believe“
– By The Hon. John J. Rufe, Sr. Judge –
For much of my life, I have considered myself a “notthat-bad” writer, okay for an amateur. After all, as a judge I have authored some of my own opinions, and some have actually evoked comment from one or more of the small handful of lawyers who have read what I have written. So, I have wanted for a long time to contribute something of worth to The Writs; or maybe I overvalue my worth as a words crafter. But, what to write? Like most American men and women of letters, I have dreamed of, and gradually abandoned, the idea that I would write “The Great American Novel”: “shoulda, coulda, woulda”. I still think in terms of perhaps The Good American Novel, or at least, The Average American Novel. There are more than enough Mediocre and Bad American Novels to last for the millennium. But while I muse, an article for The Writs is taking form.
such a person is hit with the reality that he has been chosen and must serve, he/she serves with as much resolution and dedication as do the other jurors.
“Over that course of time I have grown to appreciate the role of the jury in the never-ending search for honest, fair justice in America.”
This article is a product of twenty-seven years on the bench, presiding over uncounted jury trials, both criminal and civil. Over that course of time I have grown to appreciate the role of the jury in the never-ending search for honest, fair justice in America. I now think that more than any other system, the jury resolves disputes fairly and effectively.
Once sworn in, the typical Bucks County juror reports daily, in good humor, obedient to all the judge’s instructions. Those with excuses not to serve, whose excuses have been overridden, usually apply their attention as well as any juror, and on occasion, the reluctant have become the forepersons. Juries are typically comprised of persons from all manner of backgrounds. No one is immune or above his/her civic duty to serve on a jury. Thus, judges have been called and seated. College presidents, bank presidents, doctors, nurses, school principals, lawyers, artists, and artisans frequently sit next to each other, and next to blue-collar workers, students and the unemployed, to listen to the testimony and later discuss the evidence with an equal voice. The fact that no class of persons is automatically excused contributes mightily, I believe, to the ability of the jury to render a just decision.
First of all, by the time a jury is selected, the person or persons on the jury panel who have strong and inflexible opinions about the subject trial have usually been eliminated by VOIR DIRE. You may say, correctly, that not every biased person is exposed by VOIR DIRE, and I would agree, but I would add that any process that engages a human element must be fraught with some of the foibles of human imperfection. Typically, there is at least one jury panel member who broadcasts that the rest of the jury and the Court do not really need his services and that he can advance the cause of civilization more effectively by not being a juror; but when
7
WINTER 2017
feature ment, the jury awaits. Like John Milton wrote centuries ago “They also serve who only stand and wait.” For most Plaintiffs the right of a jury looming generates a reality check.
When a twelve-member jury is selected for a trial lasting five days or less, barring special circumstances, such as barely understanding a witness’s testimony due to a witness’s heavy accent, or hearing testimony from experts on a complex civil issue, or hearing a case that uses a specialized vocabulary, such as asbestos litigation, the five day jury collectively has a total recall of the testimony rendered. Some jurors remember more or less, but taking into account the recollections of all twelve, there is rarely a fact, a glance or a nuance that the whole jury misses. Mostly, they hear questions and remember answers the first time they are asked, and repetitious reference to the same facts by attorneys frequently irritates, rather than enlightens. Although they frequently ask, during deliberations, that testimony be read back to them, I have noted that most often, the majority wants to convince hold-out jurors of the fallacy of their position by reviewing the testimony.
“Bucks County juries are particularly adept at recognizing the difference between the choice cuts of beef and the leavings of the animal from which those choice cuts originate.” Bucks County juries are particularly adept at recognizing the difference between the choice cuts of beef and the leavings of the animal from which those choice cuts originate. They rarely award significant damages in cases where a Plaintiff slips and falls, whether in a grocery store, from an uneven curb, or from an icy sidewalk, and they seem to be in accord with Tom Hanks’ Forrest Gump, who, when splattered by mud and perhaps other “stuff” merely said with a shrug, “It happens.” Nor do they hand out easy money in soft-tissue injury cases. If a Plaintiff thinks he has a right to recover because the Defendant or Defendants have insurance he will be disabused of the notion. The existence of the element of insurance will not cause a Bucks County jury to enter a substantial award. They usually have a half dozen types of insurance themselves: auto, homeowners or renters, whole and term life insurance, health and accident policies, umbrella coverage – they pay premiums for all of these, so they think that jury awards pass from the insurance carrier directly on to them in the form of higher premiums. In short, since they think they are paying the award, they are careful with their money.
Jurors take their responsibilities seriously. For example, on snowy or icy days, they usually arrive early, and frequently they risk and sometimes suffer accidents from travelling in poor weather. Last year a juror called to say she had a flat tire and she would be a little late. But she found the means to be on time and did not hold up the trial one bit. And they come – for $9.00/day plus a mileage allowance, to perform their civic duty. When necessary, they perform their day job late into the evening in order to be present the next day for jury duty. When selected, many convert from reluctant participant to enthusiastic citizen. And now, many of them donate their checks back to the County.
They want to do the right thing, to make the right decision. When I have met with jurors after a verdict has been rendered, they sometimes ask, “Did we make the right decision?” (I advise, of course, that the jury’s decision is the decision, and that it would be improper for me to pontificate upon the correctness of their opinion.) Of more importance is the need to recognize that the jury’s decision in (civil) cases represents the considered judgment of the community, and the privately held opinion of the judge is of no moment. And it is more important for me, in evaluating cases for pre-trial settlement, to take into consideration the verdicts of juries, than to castigate juries for not thinking the same way a Judge may think.
It must be said that the Bucks County Jury has, however, awarded a substantial amount of money for the meritorious Plaintiff and his well prepared and effective attorney. On balance, however, it is likely that plaintiffs have left more money on the settlement table by rejecting the defendant’s top offer than they have collected in the courtroom from the jury.
They don’t trust the Plaintiff who comes in and complains of back pain. They need to be able to see a palpable injury, without which the Plaintiff may fail in his claim. Of course there is an element in the legal community who believe that the Bucks County jury is parsimonious, but I don’t include myself within that community. Plaintiffs and their attorneys with high expectations and even higher demands have been shot down with such uniform regularity that juries are indeed representing the core beliefs of the Bucks County community.
Just the fact that a jury is waiting, charged with responsibility for deciding guilt or innocence, or whether a Plaintiff is entitled to recover and, if so, how much, slaps a party in the face like a cold wash cloth when assessing a party’s chance for success. If pretrial discussions are to end without a settle-
theWRITS
8
Several years ago I received the call to duty- a notice that I was to report as a juror at the particular time and date. Dutifully, I reported as summoned and began the civic dutyworking on an old New York Times crossword puzzle that I have saved for a time like this; trying to read a book I have brought, studying the other “waiters” and how they passed the time watching the clock, fidgeting. Time passes slowly as one juror watches the hands on the clock, lumbering slowly around its face, almost frozen in place.
The Bucks County Mediation and Arbitration Center (BCMAC) is owned and operated by Barbara N. Lyons, Esq. She is certified, skilled and experienced in neutral arbitration, mediation and case evaluation. Attorneys work closely with Barbara from initial contact to the conclusion of their case.
Finally, at about 10:00 a.m., the jury administrator sought me out and said “we have enough jurors for the day- what we have is a shortage of judges. Would you possibly be willing to defer your jury duty until a later day and put on your robe?” I was happy to switch. Now, when I am again scheduled for jury duty, it may be that I will have a more sanguine, less romantic view of the jury system than heretofore. Or maybe with further observation, I will glean more evidence that I had it right all the time. Until then, I will salute the jury, and the Bucks County jury in particular. And as perhaps the most important of our civic responsibilities, I hope it will continue to be the dedicated, independent, realistic voice of its community for generations to come.
BCMAC is a full-service ADR provider addressing issues involving, but not limited to: • Contract and real estate disputes
PINE STREET LEGAL
• Medical malpractice • Equity matters • Employer/employee disputes
A Consumer Protection Law Firm
• Underinsured and uninsured motorist cases • Business mergers and dissolutions • Personal injury • Municipal matters
Call Pine Street Legal for a free consultation if you need help with:
BCMAC provides cost-effective and real-world solutions to attorneys, consumers, business and industry professionals, employees, employers and government agencies.
• Credit Report Errors • Debt Collection Harassment
For more information, call (215) 340-7655 or visit www.bcmac.org.
• Identity Theft
PINE STREET
• Credit Card & Foreclosure Defense
19 South Pine Street, Doylestown, PA 18901
Bucks County Mediation and Arbitration Center
(215) 345-9214 | Fax: (215) 345-9215 Email: nkanter@pinestreetlegal.com www.pinestreetlegal.com
The Farm, 220 Farm Lane, Doylestown, PA 18901
9
WINTER 2017
feature
– By – Chris Serpico
Judge Jeffrey G. Trauger Bucks County Court of Common Pleas
theWRITS
10
T
he newest addition to the bench of the Bucks County Court of Common Pleas was officially installed on August 2, 1016, filling the vacancy left upon the retirement of Judge Al Cepparulo.
learned how to allocate his time, which was especially challenging at a rigorous Ivy League institution while at the same time competing as a demanding Division One athlete.
While attending Temple Law School, he secured an internship with the law firm of Grim & Grim. After spending summers with the firm, as well as doing freelance research assignments for them while at law school, he was offered a full time position upon graduation.
With his wife, Colleen, and daughters, Rachel and Rebecca, proudly looking on, as well as a courtroom full of friends, family, and colleagues, Judge Trauger promised to “work hard to live up to the expectations, trust and confidence placed in him”.
With his primary areas of practice concentrated in the civil law, focusing on commercial, banking and real estate issues, he steadily worked his way up the ladder to eventually become the CEO from 2001 through 2011 of what has since become known as Grim, Biehn & Thatcher. In 2012, he served as President of the Bucks County Bar Association.
For those who have known Judge Trauger over the years, it’s easy to see why he’s earned the trust and confidence of so many people. A Bucks County native, Judge Trauger grew up on his family’s farm in Plumstead, where he and his wife continue to reside. The farm has been in the Trauger family for eight generations. As a boy, he can recall spending time climbing the silo; building tunnels in the hay stored in the barn; and hunting in the woods with his father. He may be the only current member of the Bucks County bench who has driven a tractor pulling a harrow to prepare a field for planting, or ridden in the cab of a combine while harvesting soybeans. At Central Bucks West High School, he was an all Bux-Mont Offensive Lineman anchoring the attack for legendary coach Mike Pettine’s first state championship team.
“He may be the only current member of the Bucks County bench who has driven a tractor pulling a harrow to prepare a field for planting, or ridden in the cab of a combine while harvesting soybeans.”
He went on to be a three year starter on Brown University’s offensive line, where he achieved the honor of being named a second team Academic All-American in his senior year. Although it’s not often that Brown is thought of as a school with a storied football legacy, he reminded me that the list of distinguished Brown alumni who either played or coached football includes Rip Engle; Joe Paterno; current pro coach Bill O’Brien; and former All-Pro tight end Steve Jordan, who played on the same team as Judge Trauger in the early 1980’s.
After graduating with a degree in political science, he worked for a couple of years as a manager at Roadway Express in Carney, New Jersey and for Avis Rental Cars at the Newark Airport before pursuing his law degree at Temple.
Given his credentials, I asked Judge Trauger what made him decide to establish his practice in Bucks County. He told me that after being away for a few years, and especially after working in the trucking and car rental industries in the New York area, he realized that his “home town” was a great place to work and raise a family.
Asked to reflect on what life lessons he was able to transfer from the gridiron to the courtroom, he recalled a quote attributed to Packers coach Vince Lombardi that was often echoed by coach Pettine: “… in the pursuit of perfection, you hope to achieve excellence”. It was on the football field that he first absorbed the value of working together with his teammates towards achieving a common goal. He also
Moreover, as a student of history, he appreciated the deep roots that his forefathers had planted in Bucks County. He can trace his family’s genealogical history back to the early 1700’s.
11
WINTER 2017
feature His mother’s family, the Hunspergers, are of Swiss origin, while his father’s family were originally from Bavaria.
year. In preparation for the upcoming campaign, he’s already formed an election campaign committee, which is chaired by Dan Keane.
Although he is the first member of his family to serve as a Judge on the Court of Common Pleas, his great grandfather, Harvey Hunsperger, served as Bucks County Sheriff from 1919 to 1923.
In the meantime, Judge Trauger will continue to gain experience with the same steady approach that he’s used since his days playing football. With his optimistic nature and his keen sense of humor, he has already established himself as a valuable member of the Bucks County Court of Common Pleas.
Judge Trauger’s Remarks to the New Admittees of the Bucks County Bar Association December 1, 2016
“It constantly amazes him that so many family court litigants seem to want a “stranger” to decide what’s best for them and their children rather than come to an agreement.”
Perspective is best given by looking back at history, and is particularly appropriate today as you join the Bucks County Bar. Our Bucks County, along with Chester County and Philadelphia were established by William Penn in 1683, over 100 years before the establishment of our federal government. The first court session held in Bucks County was Orphans’ Court, which was also in 1683. The first county seat was established in Bristol in 1697. You now join the practice of law and become part of the administration of justice in Bucks County which has been in place long before the establishment of the United States Constitution and Bill of Rights in 1789. You should also know that since 1791, there have been only 63 judges in Bucks County, and that over this time period, Bucks County has built 4 courthouses, in the years 1812, 1877, 1960 and 2015. Three Bucks County Judges have served on the Pennsylvania Supreme Court, while the Bucks County Bar Association was formally organized and established in 1883 when there were 38 states in our nation. As an institution, our professional association in this county is older than such states as Colorado, Washington, Arizona and Oklahoma.
S
ince becoming a judge, he’s been assigned primarily to Family Court. Although he’s found the cases that come before him quite interesting, it constantly amazes him that so many family court litigants seem to want a “stranger” to decide what’s best for them and their children rather than come to an agreement. He is surprised by the number of pro se parties that appear before him, which can make what are often difficult situations even more problematical. When I asked him about the biggest adjustments he’s had to make in his personal life since becoming a judge, he mentioned becoming comfortable with the feeling of isolation that is part of the job, although he’s grateful for the assistance that the other members of the Bucks County Bench have provided him that has made the transition much easier than he anticipated.
Even though he was only recently named to the Bench by Governor Wolf, and unanimously confirmed by the Pennsylvania Senate, he will have to stand for election this
theWRITS
Why tell you these things at this time? It is with the hope that you can appreciate the perspective of becoming a member of a professional association, the Bucks County Bar, which has a long tradition and his12
tory in the service of justice to our fellow citizens. We should all be proud as we take our place in a justice system which has provided stability, civility and promoted the rule of law as our nation and its people grew and became the America we know today. I will leave you with 3 quotes or thoughts as you begin your practice of law as a member of the Bucks County Bar:
“The first duty of a civilized society is justice.” –Alexander Hamilton
“Observe good faith and justice toward all people. Cultivate peace and harmony with all.” –George Washington
And from my Pennsylvania Dutch people – “Macht’s gut,” which translates to “Do good.” Best of luck to all of you and congratulations on becoming part of our Bar and its’ history.
13
WINTER 2017
BCBA events
BCBA
- AnnualDinner December 1, 2016
theWRITS
14
BCBA
EVENT BCBA
15
WINTER 2017
feature
– By – Kenneth J. Hagreen
During the 1960s, a handful of recovering lawyers were quietly assisting colleagues who were getting into trouble because of alcohol or drug use. These men and women had discovered a way out of their addiction through a program that focused on helping others.
The New Face of LCL
LCL Deputy Executive Director, Laurie Besden.
theWRITS
16
In 2007, the Supreme Court’s Minor Judiciary Education Board added an LCL representative to its faculty panel, resulting in an increase in helpline calls from magisterial district judges. In 2012, LCL secured the support of Pennsylvania’s Conference of State Trial Judges and the Supreme Court to create a separate helpline track for members of the judiciary (Judges Concerned for Judges, or JCJ). An LCL representative began attending the semiannual meetings of the conference and there was an immediate increase in the number of common pleas judges utilizing the JCJ helpline for personal/family needs or for colleagues or lawyers showing signs of distress.
They would be asked to share privately their personal stories with colleagues in distress and explain how they became free from the bondage of addiction. They would be invited to a secret meeting of other recovering lawyers, where they could freely discuss their problems and how to solve them without seeking an illusory refuge in alcohol or other drugs. These lawyers operated discreetly. You had to know someone to find out who they were. They were so discreet that for many years they remained unknown to other recovering lawyers scattered across the commonwealth. Eventually the connections were made, and in the mid-1970s they formed the PBA Alcohol and Drug Addiction Committee to coordinate a statewide effort to raise the level of awareness and understanding of alcohol and drug addiction among members of the bench and bar.
“LCL established a statewide, all-volunteer, peer based, confidential helpline service for Pennsylvania’s lawyers and judges and their family members.”
This was the genesis of Lawyers Concerned for Lawyers (LCL), founded in 1988 as an independent, not-for-profit corporation. LCL’s mission was and still is simply to save lives and in the process restore damaged careers, marriages and families. LCL established a statewide, all-volunteer, peer based, confidential helpline service for Pennsylvania’s lawyers and judges and their family members. For the first time an alcohol- or drug-addicted lawyer or judge had a safe harbor for seeking help without fear of ridicule, punishment or ruined reputation. Laurie Besden has taken over as leader of the statewide organization dedicated to helping troubled lawyers and judges LCL remained an all-volunteer operation until Oct. 1, 1990, when it hired a recovering attorney as its first executive director to design and implement education and outreach programs and further develop the existing helpline program and volunteer network. LCL subsequently expanded its education and helpline services to include problem gambling (1995) and stress, anxiety, depression and other mental-health problems (1997).
By 2015, LCL had safely navigated the flying-blind period of the early ‘90s and had evolved from a mom-and-pop operation into a nationally respected assistance program for lawyers and judges. This was accomplished through the dedicated efforts of LCL’s staff, volunteers and board of directors and the generosity and support of the Supreme Court and its various agencies, including the Disciplinary Board and the Lawyers Fund for Client Security, the Administrative Office of the Pennsylvania Courts, the Conference of State Trial Judges and the Minor Judiciary Education Board, plus the PBA and PBI, local bar associations and the law schools. LCL was running smoothly, its message was being heard by more people than ever before and helpline activity was at its highest level ever.
Much of LCL’s continuing success was due to attorney Laurie Besden, a former recipient of LCL services who became an LCL volunteer and eventually the deputy executive director.
The stable financial support of the Supreme Court of Pennsylvania and the ongoing assistance from state and local bar associations, other law-related organizations and Pennsylvania’s law schools enabled LCL to carry its message of hope and help throughout the commonwealth. Calls to the confidential helpline increased, as eventually did the number of employees and recovering lawyer-volunteers needed to handle these requests for assistance.
Many Pennsylvania lawyers have heard Besden tell her story or have been helped by her, either in a time of personal crisis or in addressing their concerns regarding a colleague or loved one in distress. They know that her dedication and energy in helping others is boundless. She is passionate about her work and is relentless in her efforts to assist those in need. To those who do not already know her, be assured that she
This article originally appeared in the November/December 2015 “The Pennsylvania Lawyer” magazine.
17
WINTER 2017
feature Besden added public speaking to her duties, resulting in an immediate favorable response from her audiences and an increase in calls to the helpline.
is the real deal, whose only concern is to assist those suffering from alcohol- or drug-related problems, gambling, stress and anxiety, depression or bipolar conditions, eating disorders or other addictions or compulsive illnesses.
In 2013, she took responsibility for planning and overseeing both the annual LCL Volunteer Conference and the Law School Deans of Students Retreat. In 2014, Besden started attending the semiannual meetings of the Conference of State Trial Judges and began consolidating the fledging network of JCJ volunteers. And she was exposed to LCL’s annual operational/program and budget-planning process. By the beginning of 2015, she was versed in most areas of LCL’s multifaceted operations
Besden earned her place at the LCL table. Although LCL has no dues or fees for membership, she paid a steep price to join. Admitted to the Pennsylvania and New Jersey bars in 1999, her future looked bright. But her health and career were being undermined by an addiction to painkillers that had initially been prescribed to her in law school following an injury. Addictions are chronic and progressive and, by 2004, she was both unemployed and under arrest.
It should be noted that in addition to having earned the respect of many state bar leaders, judges and justices, Besden has acquired a solid national reputation. Through her attendance at the annual workshop of the American Bar Association’s Commission on Lawyer Assistance Programs and interaction with the various state lawyer-assistance programs comprising its membership, Besden’s passion and commitment to helping others were soon recognized by all. In fact, she recently completed an ABA-sponsored film that will be provided to law schools throughout the United States to address substance abuse and other problems faced by law students.
“Her health and career were being undermined by an addiction to painkillers that had initially been prescribed to her in law school following an injury.”
In 2014, when the LCL’s executive director announced plans to retire in 2015, Besden had already fully integrated herself into all of LCL’s operations. By the time her predecessor left full-time employment in the summer of 2015 after nearly 25 years of service, Besden was ready for her new role and responsibilities as executive director. Over the past year Besden has been fully immersed in the LCL executive director’s administrative and financial duties, education and outreach, helpline operations and interventions. The duties and deadlines are non-stop, but she has the support of excellent co-workers and the LCL Board of Directors. She is participating in the PBA’s 2016-17 Avoiding-Legal-Malpractice Seminars and is traveling to each county in order to meet the lawyers whom LCL serves and to understand better the challenges they face in private practice. This is an excellent opportunity for everyone to have a chance to meet and talk to Besden as the new face of LCL. You can see for yourself that she truly is the best person to carry on the LCL founders’ legacy of love and service.
Her career appeared over. But John Rogers Carroll of Philadelphia, a key founder and the guiding light of LCL, knew better. After a few phone calls, Besden was visited by an LCL volunteer who stood by her side through the legal proceedings and subsequent incarceration and disbarment. The LCL volunteer later greeted her upon release from jail and helped her to connect with the local recovery community and find employment as a paralegal with a law firm. Fully invested in her recovery, Besden soon became an LCL volunteer and gave to others what had been so freely given to her: hope and a new way of life. After five years of solid recovery, Besden petitioned for and was granted readmission to the Pennsylvania and New Jersey bars; however, she felt a calling to serve others in a capacity other than as a lawyer.
When LCL’s deputy executive director position became available, she was the perfect candidate. Besden joined LCL in February 2011 and began managing the helpline operations and personally handling all intervention requests. She also soon became the de facto office manager, and her energy and enthusiasm inspired her co-workers. In 2012,
theWRITS
Kenneth J. Hagreen is executive director emeritus of LCL.
18
BCBA events BCBA
EVENT
Michelle Henry Reception...
BCBA
19
WINTER 2017
feature
Il Melograno: Elegant Italian Dining
The HUNGRY Lawyer
theWRITS
Anthony Bourdain has proclaimed
Italian food as the current world’s cuisine. Who would argue? Travel anywhere in the world and you will see that he is right. Historically, Italian food has been noted for its simplicity, with many dishes having only four to eight ingredients. Italian cooks rely chiefly on the quality of the ingredients rather than on elaborate preparation.
20
W
hatever the reasons, who can resist the never-ending combinations of pastas, cheeses and sauces, meats and fishes, grilled or stewed, all helped onto the palate by a piece of crusty white bread and washed down by a delicious Nebbiola or Sangiovese? Definitely not the Hungry Lawyer, whose mouth is watering while writing this review. And so it is with great pleasure that I share with you the joy of dining at my Doylestown favorite, Il Melograno. By the way, why the restaurant is named after a pomegranate I have no idea. I have never seen anything on the menu made with the fruit.
restaurant that inside is an elegant dining room not overcrowded with tables covered in starched white linens and set with continental flair. All the pieces of the table setting are correct and even the right glass is provided depending upon whether your wine is white or red.
The chef and host are Angelo Patruno and his wife, Maria. They hail originally from the Puglian country side and have been in the restaurant business in Bermuda and Philadelphia before cooking in Doylestown in 2000. Angelo’s culinary skills were good enough to satisfy the high standards required at the Monte Carlo Living Room at 2nd and South Streets in Society Hill. Ambience is very important to the dining experience. The right décor is necessary to accompany the food. One would never guess glancing at the exterior of this shopping center storefront
The service provided by the waiters, especially Achile, is European through and through. It is neither musty nor fussy. It is professional in the way that one rarely experiences in America, where too often one is served by teenage or twenty-something young adults whose attitude express their lack of training and indifference to what they are doing. Indeed, it is sad that despite the vast improvement in the kitchen America has seen in the past decade or two, the front of the house where the customer sits is still woefully lacking. Mrs. Hungry Lawyer has threatened to decapitate the next college student server who addresses us as “guys!”, especially while serving us a hundred dollar meal.
“Who can resist the never-ending combinations of pastas, cheeses and sauces, meats and fishes, grilled or stewed.”
Ambience and service, however, are still peripheral to the food; and at Il Melograno, the food is generally very good. The sautéed squid in fra diavolo sauce is excellent. A large helping of tender squid, big enough to share, is served in a fresh, spicy marinara sauce. The squid is not at all chewy. You will never want to eat it fried again. The sauce is wonderful, spicy in the way that excites, not brutalizes your palate. And do not for a minute think that you are going to lap up the sauce with half a loaf of bread.
“Ambience is very important to the dining experience. The right décor is necessary to accompany the food.”
21
WINTER 2017
feature Instead, get out your spoon and finish the sauce like it is soup. It is that good. Other favorite appetizers are the mussels, red or white, the seafood salad, tuna Carpaccio, and langoustines. I would like to add the caprese salad to this list but I am sometimes disappointed by the tomatoes or the mozzarella. The pastas are all excellent, served hot and al dente, no matter what sauce you choose, or simply aglio e olio. Spaghetti with clams is served with clams in the shell all simmering in a delicious white broth. No minced clams here. A great taste treat for meat lovers is Pappardelle al Cinghiale, made with wild boar. I cannot recommend the fish dishes only because too often the fish is frozen and The Hungry Lawyer has been spoiled by the absolutely freshest fish served at Blue Point Grill in Princeton. Always listen closely to the specials. Oftentimes the specials are determined by what the purveyor has and it is on these dishes that Angelo’s culinary skills truly shine. Three favorites are truly outstanding. The osso buco is always tender, perfectly roasted and served with a tiny fork to retrieve the delicious marrow. And it is on top of the most incredible risotto whose flavors enervate the taste buds on your tongue. If rabbit is on the menu, get it. And, in season, Angelo perfectly sauté’s the largest and freshest soft shell crabs I have had anywhere.
H
If you have room for dessert, I recommend the lemon cheese cake or the Napolean. And don’t forget to ask for a glass of Limón cello at the end of your meal. It is complimentary.
ot food is served on plates that are hot, another touch often lacking in American restaurants. The waiters move around the table to serve ladies first and there is never any reaching in front of one diner to place a dish before another. The courses are always plated in an appetizing way. Often it is hard to tell if the desserts are more appealing for their appearance or their taste.
“The pastas are all excellent, served hot and al dente, no matter what sauce you choose, or simply aglio e olio.” theWRITS
22
Il Melograno is BYOB, which is always a plus for The Hungry Lawyer. As an amateur wine snob, I can no longer tolerate paying the restaurant $100 or more for a $35.00 bottle of wine. The Hungry Lawyer recommends Il Melograno. I hope that you enjoy it as much as we do.
BCBA events Criminal Law Section Winter Solstice...
2015
Annual
S O GF Ta BmAeL L
BCBA
EVENT BCBA
23
WINTER 2017
feature community From the Archives: This article was originally published in the February, 1996 Issue of theWRITS
Judge or Juror...Both! – By Scott L. Feldman –
Did you hear about the Bucks County attorney who actually let Judge Kane sit on his jury in a recent civil case? How could that be? That attorney must be crazy...or confident or...
That attorney must be me. Yes, by some peculiar twist of fate my first jury trial coincided with private citizen Michael J. Kane’s selection for jury duty. As I looked over the twenty-five prospective jurors on the panel, I thought I recognized the dapper gentleman with the white beard seated before me. When I saw his name on the computer printout the thought did occur, “he couldn’t get out of jury duty?” Nonetheless, as voir dire proceeded and despite the fact that Judge Kane acknowledged knowing me from previous court appearances, neither I nor my adversary asked presiding Judge McAndrews to strike him for cause. Nor did Judge McAndrews take it upon himself to do so.
he sway the other jurors to his point of view, or bend over backwards to avoid doing so? I kept thinking the other attorney would crack and exercise one of his peremptory challenges. I can honestly say I considered doing so each time. Judge Kane admitted to me several days later that he was so certain that he would be excused that when Judge McAndrews finally read the names of those panelists directed to get up and sit in the rear of the courtroom and his was not among them, he thought how odd that Judge McAndrews leaves the excused jurors in front! Surprise, your Honor! The day-and-a-half trial proceeded in more or less normal fashion and the jury received its instructions the early afternoon of December 7. (A day that will live in infamy?) In case you are wondering, Judge Kane was not chosen as foreperson, but did contribute to the two hour deliberations. He later acknowledged greatly enjoying the experience and hopes that his fellow brethren on the bench soon get their opportunity as well.
As the attorneys exercised their peremptory challenges, it felt as if I were playing a game of legal chicken. Given that there were some technical legal issues, emanating from the Pennsylvania Wage Payment and Collection Law, inherent in the case, would it help or hurt my client to have a ten year judge and former District Attorney in the jury box? In deliberations, would
theWRITS
24
community
BCBA Business Law Institute
Thank You!
The Business Law Section, in conjunction with the MCLE Committee, is pleased to announce the upcoming Inaugural Bucks County Bar Association Business Law Institute. The all-day event, being held at the BCBA on March 2, 2017, consists of ten (10) separate onehour CLE seminars addressing various business and commercial related topics that are sure to be a benefit for all members of the Association. The Agenda for the Institute is listed below. This highly anticipated event is sure to fill-up fast, so please look for upcoming marketing material from the BCBA in the Law Reporter.
Scott I. Fegley, Esq.
1st Annual Bucks County Business Law Institute – March 2, 2017
Yardley, PA • Hamilton Square, NJ
www.fegleylaw.com • (215) 493-8287
Course Planners: H. Jeffrey Brahin and Jeffrey G. DiAmico
8:00 – 8:30
REGISTRATION
8:30 – 9:30
•
9:30 – 9:45
BREAK
9:45 -10:45
•
10:45 – 11:00
BREAK
11:00 – 12:00
•
12:00 – 1:00
LUNCH
1:00 – 2:00
•
2:00 – 2:15
BREAK
2:15 – 3:15
•
3:15 – 3:30
BREAK
•
•
Attorneys Are Our Best Source of Referrals! Call us now for your next Mediation or Arbitration,* or for Employment Law and Personal Injury Referrals. We pay referral fees and keep you informed.
*On List of Arbitrators and Mediators Approved by the Bucks County Bar Association.
Welcome and Introductory Remarks Keynote Address by The Honorable Robert J. Mellon
Unfair Competition: Douglas Maloney The Perils of Equity Based Compensation: Michael W. Mills and Joanne M. Murray
Negotiating Commercial Leases: Elliott Olen • Trade Secret Protection Litigation: John Simkanich
Social Media and Mobile Technology: Eleanor Gerhards, Esquire and Liz Sigety, Esquire • Bankruptcy Issues for Business Clients: Michael Kelly, Esquire and Jon Adelstein, Esquire
Indemnity and Warranty Provisions in Commercial Contracts: Michael Schu • Business Succession Planning: Michael Schu and Henry Van Blunk, Esquire
3:30 – 4:30 • Intellectual Property Issues for Non-Compete Agreements: Frank Mazzeo, Douglas Ryder, • David Shoneman, Anthony Volpe • Business Lawyers and Litigation: Steven Goldblum, Esquire 25
WINTER 2017
feature
The Mercer:
– By – Susan E. Dardes
Bucks County’s Other Museum It has been my privilege over the last six years to be an active member of the Mercer Museum. I hadn’t visited the museum, located at Pine and Ashland streets in Doylestown, since a school field trip so long ago that I didn’t realize, frankly, what I had been missing.
was disappearing, so he decided in the late 19th and early 20th centuries to preserve pre- industrial revolution “above ground” artifacts – some 40,000 of them – and share his collection with the general public.
The museum’s founder, Henry Chapman Mercer, was born in Doylestown in 1856 to a wealthy Bucks County family. He graduated from Harvard University in 1879 with a liberal arts degree then went on to the University of Pennsylvania Law School, but never practiced law. Two honorary doctorates were conferred upon Henry Mercer; a Doctor of Law degree from Lehigh University and a Doctor of Science from Franklin and Marshall College.
“The museum’s founder, Henry Chapman Mercer, was born in Doylestown in 1856 to a wealthy Bucks County family.” It was in 1904 that he began construction on a six story castle to house these artifacts, which he donated to the Bucks County Historical Society for care and safekeeping. Twelve years later, in 1916, the Mercer Museum was born. The museum is especially renowned for its collections of tools associated with trades, crafts, agricultural and domestic work during that period. While originating primarily in the middle Atlantic region of the United States, Mercer’s collection also includes treasures from New England, Appalachia and the Deep South.
Dr. Mercer is most often referred to as a historian, architect, anthropologist and archeologist. Mercer was particularly influenced by the mid-century arts and crafts movement, drawn to German pottery and Moravian tile work. It was then that he began crafting his own architectural tiles, for which he became famous. Mercer likewise feared that the history of human progress told by hand tools and crafts
theWRITS
26
The museum is one of three exposed reinforced concrete structures designed and built by Mercer. The others include his house, Fonthill, and the Moravian Pottery and Tile Works, both of which are located within Doylestown borough and together make up what is often referred to as the “Mercer Mile.” Mercer built his home and the museums with concrete because he saw the collections of family members destroyed by fire and did not want his own collections subject to the same fate. Concrete was also a cheap material and lent itself to Henry Mercer’s natural quirkiness.
This year marks the Museum’s centennial celebration. Mercer Museum and Fonthill annually welcome over 65,000 visitors and tour groups from all 50 states and around the world. The museum is open every day of the year except Thanksgiving, Christmas and New Year’s Day. Tours may be arranged for groups of ten or more people, but it is just as worthwhile to explore the grounds on your own and, in fact, is more conducive to a day long exploration.
“What did he collect? What he didn’t collect, is a shorter list. The extensive collection represents objects from everyday life on permanent display.”
What did he collect? What he didn’t collect, is a shorter list. The extensive collection represents objects from everyday life on permanent display called “the tools of the nation-maker”. It contains, among other things, millstones and candle molds, butter churns and buggies, decorative iron stove plates, straw baskets, chairs, medical implements, fire place tiles, sleds, wheel barrows, cigar store figures, and gallows, all dating back to 1914. Much of the mass of the permanent exhibit hangs over the museum’s central court, suspended from the concrete ceiling. This way, thought Mercer, a whale ship can be viewed from the perspective of, well, the whale. A stage coach or a Conestoga wagon can be viewed from the “road”. Mercer wanted visitors to view objects in provocative and thoughtful way. And I never thought about it before, but the building has no square corners – every one of its 55 exhibit rooms or alcoves is on a curve, including the staircases, thanks to Dr. Mercer.
Dress warmly if you go this winter – the castle was built without heat or electricity. A light bulb here and there has been added for the sake of the tourist, but it is still a dark place on a cloudy day. For more information on hours, exhibits and events, go to www.mercermuseum.org or telephone (215) 345-0210.
The Trustees of the Mercer manage the care and exhibition of the unique collection following contemporary museum standards while at the same time respecting the historical integrity of the site. The museum focuses not so much on interactive exhibits or story telling as is common in modern day museums, but relies on the visual plethora of objects to educate and inspire. And they continue to take pre-1850 additions to the collection. The new wing, which opened in 2011, contains program space, a wonderful gift shop and two galleries for changing exhibitions.
Historical photos credit: Mercer Museum & Library
27
WINTER 2017
BCBA events
Ladies Night Out...
BCBA
EVENT BCBA
theWRITS
28
Save the Date!
2017 Annu
al Bench Bar Conference • October
5, 6, 7; 2017
• Omni
Bedford Springs Resort
• Bedford, • Bucks
Pennsylvania
County Bar Association
entertainment the formation of a centralized government) was preferable to maintaining the Articles of Confederation. Other “supporting” contributors include Jefferson, Gouverneur Morris, and Robert Morris (after whom Morrisville Borough, is named).
Book Review: “The Quartet”
Washington was the “indispensable man,” the oldest of the group, and the undisputed leader of the post-Revolutionary assemblage of states. He was the Commander-in-Chief, the rich planter whose allegiance to the Revolutionary cause demonstrated his willingness to sacrifice all for an independent entity. While not an intellectual, Washington’s gravitas and stature were essential to any notion of transitioning from the Articles of Confederation to a united nation. His experiences (and many frustrations) with the Continental Congress, and various states, while commanding an army comprised of regulars, militia, and others, imprinted on him the necessity for a strong central federal government, going forward. While professing a preference to be the American “Cincinnatus” (the Roman commander who, after victory, returned to his farm), he also understood that if the new nation were to succeed, and a first executive was required in the bargain, he was only man who could inhabit that role.
– By David J. Truelove –
Joseph Ellis’ masterful “The Quartet” is a readable account of the efforts of four Founding Fathers to move the post-American Revolution loose confederation to a nation, one uniquely characterized by a Constitution. For many, like me, who understand that flesh and blood humans worked to secure this novel accomplishment, Ellis’ book is nevertheless a revelation, as it debunks theories of “original intent,” and other notions that attempt to limit the document’s wording to its initial consideration and enactment. Ellis is a Pulitzer Prize-winning author of “Founding Brothers,” and also penned biographies of Thomas Jefferson (“American Sphinx”) and George Washington (“His Excellency”). His scholarship and perspective are based on years of diligent study and analysis. Few, if any, could claim superior knowledge of the many sources reviewed – original, secondary, and other treatises – which render “The Quartet” a timely and valuable read, especially now, when Constitutional interpretations are being argued and tested daily, in very public ways.
“Washington was the ‘indispensable man,’ the oldest of the group, and the undisputed leader of the post-Revolutionary assemblage of states.” theWRITS
Washington was also the only non-lawyer of the quartet. Jay, Hamilton and Madison were accomplished lawyers, and were savvy political infighters. The legal and political skills were put to the ultimate test in various stages, moving all colonies from the loosely-structured Articles of Confederation to a nation bound together by Constitutional principles. Compromise and political agility were vital elements possessed by this trio in bringing about the transition to a nation. Ellis describes the process vividly, emphasizing the various stages where some hardened positions gave way to achieving the best results.
The four men who comprise the quartet are: George Washington, Alexander Hamilton, James Madison, and John Jay. Notably, the last three are the authors of “The Federalist Papers,” the necessary companion read to the Constitution, contemporaneous broadsides that were published primarily to persuade many doubters that ratifying the Constitution (and
Each colony presented a different challenge. New York, for example, was controlled in great part by George Clinton, who opposed ratifying the Constitution, as it threatened his local hegemony. An early victory by the Federalists (as they were soon to be called) occurred when all thirteen colonies agreed that if nine voted to ratify, the new government would then per se go into effect. At the Constitutional Convention, Washington practiced a studied aloofness, but his active behind the scenes correspondence demonstrated an effective effort to push through the best result to be obtained. As described by Ellis: “Washington, like Madison, preferred a clearer delineation of federal over state sovereignty, but after witnessing the debates in Philadelphia, he realized that compromise on that crucial question was unavoidable.” (“The Quartet,” p. 163). 30
On a more profound scale, Ellis notes that,“…the opponents of ratification enjoyed one enormous ideological advantage: namely, that the government proposed in the Constitution defied the principles of the American Revolution as understood in 1776…”, but further points out that, “{T} he proposed Constitution… required a fundamental political and psychological shift in the meaning of the American Revolution.” (Id., p. 162). Hamilton was a public advocate for the most centralized form of federal government, Jay the most passionate in favor of a unified approach to foreign policy issues. Madison was the intellectual, who argued in favor of both at the Convention and through the press (with Hamilton and Jay), in what later became known collectively as “The Federalist Papers.” Ultimately, what we know as the Constitution (without the amendments) was ratified by all thirteen colonies (some with their own proposed amendments). The first ten amendments were the subject of debate at the First Congress, which assembled after Washington’s election as the new nation’s first President.
able definition to the verbiage is to ignore and demean the process which created it. The lesson for all of us is that the Constitution is truly a living document. The Founding Fathers would not, and could not, have contemplated a world and a time when debates raged about assault rifles, social media postings, LGBT rights, climate change, the rights of Muslims, charter schools, search and seizure of cell phones/records, and on and on. As lawyers, we need to be mindful of the importance of honest advocacy in interpreting and promoting a particular view, especially when invoking the Constitution. Moreover, compromise is not an unsavory or undesirable process. Without compromise, the nation as we know it would not have been created, or evolved.
“The lesson for all of us is that the Constitution is truly a living document.”
As aptly noted by Ellis at the conclusion of this important book:
“It is richly ironic that one of the few original intentions {the Founding Fathers} shared was opposition to any judicial doctrine of “original intent.” To be sure, they all wished to be remembered, but they did not want to be embalmed.”
Nationally Recognized Locally Served Montgomery County – Bucks County
As described by Ellis “…Madison took the lead in correcting the mistake that he and the other delegates in Philadelphia had made by failing to provide a bill of rights. His motives were almost entirely political. While we tend to regard (and capitalize) the Bill of Rights as a secular version of the Ten Commandments handed down by God to Moses, Madison saw it as a weapon to be wielded against opponents of the Constitution…” (Id, p. 200). While initially opposed to a bill of rights in concept, Madison’s correspondence with Jefferson (in France as ambassador) during the Constitutional Convention, convinced him to vigorously promote their enactment as part of the First Congress. What ensued was an effective political campaign to ensure their passage. What also is apparent is that the wording of these amendments, as with the Constitution, was the product of compromise, debate and political strategy. To ascribe a timeless, unalter-
CRIMINAL DEFENSE PERSONAL INJURY Steven Fairlie (Superlawyers Top 100 Pennsylvania, Martindale-Hubbell AV Rated, American Law Journal, NBC News), Stephen Geday, Anthony Gallo, Karen Fairlie, Elizabeth Lippy
FAIRLIELAW.NET 1501 LOWER STATE ROAD I NORTH WALES, PA 215.997.1000
31
WINTER 2017
technology Social media as a research tool. The benefits of social media go far beyond the simplistic marketing described above. These sites and applications provide a wealth of information about individuals and businesses, current and potential clients, opposing parties, and even jurors. Having difficulty getting in touch with your client? Try sending a direct message via Facebook or LinkedIn. Trouble locating a party which needs to be served? Browse through their social media sites to locate them. Wondering about a potential juror’s stance on an important issue in your case? Browse through historical posts on their social media accounts (but be sure to follow the ethical obligations below). From posts about specific incidents to photographs that contradict testimony, social media cannot be overlooked as an important tool in the arsenal of an attorney.
Tech Tips from a Recovering Geek: Basic Social Media for Lawyers – By Jason R. Weiss, Esquire –
Are you keeping up with the latest trends in social media? Facebook. Instagram. Snapchat. LinkedIn. Google+. Twitter. YouTube. Pinterest. Tumblr. Reddit. Vine. This is just a sampling of the wide world of community-based websites and apps available to you, both personally and professionally. There are now CLEs that specifically cover all aspects of social media as it has become so pervasive. While you have likely heard of the most popular sites, there are always new tools popping up on what seems like a daily basis. So, what good is social media? Can it help create business? Are there any rules for an attorney’s use of social media? Much like everything else in the law, it depends. The effectiveness of your use of various social media platforms is heavily dependent upon the time you put into them.
Ethical obligations and rules for attorneys. In everyday use of social media in your personal life, common sense should dictate what should and should not be communicated. Unless, of course, you enjoy conflict that the rest of the world can see. When it comes to attorneys using social media, the Rules of Ethics still apply. Per the Pennsylvania Bar Association, all of the following Rules of Ethics are implicated when using social media: Rule 1.1 Competence; Rule 1.6 Confidentiality of Information; Rule 3.3 Candor Toward the Tribunal; Rule 3.4 Fairness to Opposing Party and Counsel; Rule 3.5 Impartiality and Decorum of the Tribunal; Rule 3.6 Trial Publicity; Rule 4.1 Truthfulness in Statements to Others; Rule 4.2 Communication with Person Represented by Counsel; Rule 4.3 Dealing with Unrepresented Person; Rule 8.2 Statements Concerning Judges and Other Adjudicatory Officers; and Rule 8.4 Misconduct. For the full Advisory Opinion, see www.pabar.org/members/catalogs/Ethics%20Opinions/formal/F2014-300.pdf. Among other things, the Opinion states that an attorney may connect with clients and formal clients, may contact an unrepresented person (though not solely to use it as a means to view private information), may not contact a represented person, and may review a potential juror’s social media presence, subject to some limitations.
Social media as a marketing tool. There is no shortage of marketing tools available through social media. Simply by actively participating in sites like Facebook, LinkedIn, and Twitter, you can create name recognition for you and your firm. The more connections you develop, the more people will see your posts and comments. However, in order to get the most out of any of the social media platforms, you must actively post on a regular basis. Sitting on the sidelines and quietly browsing, albeit entertaining, will not help generate business. By participating frequently, you have a better chance of being seen by your connections and their connections, thereby creating an everexpanding network of virtual visitors. Whether or not you use your own individual social media pages or create a firm-specific page is a personal preference. Both Facebook and LinkedIn have separate tools for businesses (both free and premium), including targeted and sponsored ads. Regardless of your ability, or inability, to market, by simply participating in the expansive networks available, you are able to create a recognizable brand and name. theWRITS
Ethical implications aside, social media is a valuable resource for any attorney. Sites like Facebook and LinkedIn provide a wealth of information about individuals and businesses during an investigation of an active or potential case. Likewise, social media platforms have also proved to be quite useful in marketing and the development of business. If you have not already done so, it is time to embrace all aspects of social media. Best of all, they are all generally free to use! Besides, don’t you want to know what all of your favorite D-list celebrities are up to anyway? Happy computing.
32
entertainment Top 5 Rock & Roll Lawsuits
5.
Fantasy Records
3.
Phil Spector Murder Trial
1.
Estate of Randy California
(“Taurus”) v.
Led Zeppelin (“Stairway to Heaven”)
(“Run Through the Jungle”) v.
John Fogerty
2.
Robin Thicke and Pharrell Williams
4.
(“Old Man Down the Road”) Both songs were written by John Fogerty!
Ronnie Mack
(“Blurred Lines” v.
(“He’s So Fine”) v.
(“Got to Give it Up”)
(“My Sweet Lord”)
George Harrison
Estate of Marvin Gaye
Presidential Inauguration BCBA Board Members Tyler Tomlinson (and son, J.P.), Jessica Pritchard, and Grace Deon attend the Inauguration in Washington, D.C.
33
WINTER 2017
community
Pro Bono Honor Roll
Lynelle Gleason Robert Godwin Joshua Z. Goldblum Mickey Gordon Geoffrey Graham Robert Godwin Gregory Grim William Gross Kyong Ha Growney Frank Guarrieri
July 1, Through December 31, 2016 The names below represent Attorneys who have provided financial assistance to or pro bono representation for Legal Aid of Southeastern PA (LASP) during the period of July 1, 2016 through December 31, 2016. Without the support of these Attorneys, LASP could not continue to provide high quality legal assistance to indigent people in our community. I am amazed at the generosity of the Attorneys in Bucks County and truly grateful for all your efforts. Thank You All!!
H Larry Haft Kevin Hand Judy Hayman Rodney Henry Jack Hetherington Gregory S. Hill Jerold Hoffman Robin S. Holmes Thomas E. Hora Randall Hugo
Rodlena Sales, Esquire, Pro Bono Coordinator
A Harvey Abramson Anita Alberts Hugh Algeo Judith Algeo Dean Arthur B David Bane Kathleen Lyons Barndt Mitchell Baylarian John Benson John D. Blumenthal Ronal Bolig William Bolla Gerald Bowen Kevin Bradway Jeffrey Brahin Christopher Brill Dina Brilliant Mindy Brook D. Keith Brown Meredith Buck C James Cain Michael Carr Stephen Carr William H.R. Casey Christine Cattani Dale Caya David Chandler Christopher B. Chandor theWRITS
Charles G. Cheleden Jahn Chesnov Julius Ciesielka Peter Classetti Terry W. Clemons John J. Collins Brian Coverdale
J Jamie Jamison Colin Jenei Olivia Jolly Steven Jones David J. Juall
D Robert DeBias Gary Deck Grace M. Deon Charles Dorsett Jeffrey A. Drake William Dudeck Timothy J. Duffy
K John Kalinkos Shannon Kanavy Robert Katzenstein Dan Keane Michael Kelly Dermot F. Kennedy John Kenney John J. Kerrigan Barbara Kirk Gretchen Kolb Thomas Kopil Charles Kovler Arthur Krevitz
E Caroline A. Edwards Susan Levy Eisenberg F Scott L. Feldman Todd Felzer Richard Fink Marianne Flood Carl & Judith Fonash Jeffrey Fournier Georgeann R. Fusco
L Michael Lashner Josephine Lee Larry Lefkowitz Nicholas Leonard Jeffrey Liebmann
G Frank Gallagher Martin Ghen AmyBeth Gibbs
34
Charissa Liller Kim Litzke Angela Lorenz Barbara Lyons Kimberly D. Litzke Joseph S. Lukomski M Thomas MacAniff Diane Magee Amanda Malamud Matthew Mann Joseph Marinaro Gail Marr Tina Mazaheri Marybeth McCabe Joseph McGinley Pamela McGrath Charles McIlhinney James M. McNamara Diane Mellott Adrian Meyer Kristine Michael Leslie Mitnick Karen Model Gabe Montemuro Hillary Moonjay Sandra Morris Julia Morrow Edward Murphy N Stephen Needles Glenn Neiman O Ethan O’Shea P Michael Panzer Dawn Padanyi Lisa Patterson Paul Perlstein Jessica Pritchard Jeremy Puglia R David Ray Larry Reinfeld Robert Repko Jill Richter
Marc Rickles Judy Rodriguez-Martyak Joseph Romano Roger Rosenberger Fred Rubin Jason Rubinstein Max Rutkowski Jennifer Ryan S Russell Sacco Steven Sailer Karen Salib Jonathan Samel William Schaefer Robin Scolnick Dan Schwartz Michael Sellers Christopher Serpico Carol Shelly Michael Shelton Edward Shensky Linda Shick Adam Silverstein Chris Little Simcox Arlene Simolike Donna Snyder Mindy Snyder Jessica Socienski Diane Sodano David Sowerbutts Manuel Spigler Francis X. Stecklair Francis Sullivan Benjamin Steinberg
ATTORNEY DISCIPLINARY AND ETHICS MATTERS
Chris Steward Edward Sutton T
STATEWIDE PENNSYLVANIA MATTERS NO CHARGE FOR INITIAL CONSULTATION
Adam Tanker Mary B. Templeton Michael Terkanian Tiffany Thomas Smith Eric Tobin Jeffrey Toner Jeanne Trivellini Loretta Tubiello-Harr
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. • Vice 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 2015 Philadelphia Ethics and Professional Responsibility Law and Defendants “Lawyer of the Year,” and in Legal Malpractice Law
V Jessica VanderKam Michele & Bernard E. Vielle W Seth Weber Melanie Wender Donna J. Wengiel Donald E. Williams Jane Williams Jeff Williams Keith Williams Kenneth Williams Peter M. Williams Shari Williams Don Williford Mr. and Mrs. Neil Witkes Jeff Wong David P. Woosley Paul Wright
1818 Market Street, 29th Floor • Philadelphia, PA 19103 • (215) 751-2863
Y Andrew Young
MAZAHERI LAW, LLC
Divorce, Custody, Support Criminal Law Civil Litigation
116 Union Street, Doylestown
215-345-6400 www.mazaherilawllc.com
TINA MAZAHERI, ATTORNEY Master of Laws in Trial Advocacy
35
WINTER 2017
Marion Meadows
Will Downing
Snarky Puppy
Fred Hammond
March 31-April 9, 2017 Reading, PA
Shemekia Copeland
Rick Braun
Najee
Spend 10 jazz- and blues-filled days and nights in the Greater Reading area! Over 120 scheduled events, plus great shopping and dining in one area, make the 27th annual Boscov’s Berks Jazz Fest your perfect spring getaway. For tickets, call Ticketmaster toll free at 1-800-745-3000 or visit www.ticketmaster.com to order online.
PATTI AUSTIN • GERALD ALBRIGHT • JONATHAN BUTLER • SNARKY PUPPY • WILL DOWNING • NAJEE • KEIKO MATSUI • RICK BRAUN • JIM BRICKMAN MARCUS MILLER • FOURPLAY FEATUIRNG BOB JAMES, NATHAN EAST, HARVEY MASON, CHUCK LOEB • PAT MARTINO ORGAN TRIO WITH HORNS BRIAN CULBERTSON • NEW URBAN JAZZ PARTY: BOB BALDWIN, WALTER BEASLEY, MARION MEADOWS, TOM BROWNE • NICK COLIONNE • ERIC DARIUS ADAM HAWLEY • LARRY GRAHAM & GRAHAM CENTRAL STATION • DR. LONNIE SMITH • TROKER • JEFF HAMILTON TRIO • JAREKUS SINGLETON TOMMY KATONA & TEXAS FLOOD • JON CLEARY • EVERETTE HARP & FRIENDS: CHANTE MOORE, PHIL PERRY, BRIAN BROMBERG JASON MILES PRESENTS CELEBRATING THE MUSIC OF WEATHER REPORT• BERKS GROOVE PROJECT • GERALD VEASLEY’S MIDNIGHT JAMS ERIC MARIENTHAL • FRANK DIBUSSOLO’S PHILLY REUNION BAND • GOSPEL ACCORDING TO JAZZ CELEBRATION: KIRK WHALUM, FRED HAMMOND, KEVIN WHALUM, JOHN STODDART AND THE DOXA GOSPEL ENSEMBLE • ANAT COHEN QUARTET • WEST COAST JAM WITH RICK BRAUN, NORMAN BROWN, RICHARD ELLIOT • THE ARTIMUS PYLE BAND: TRIBUTE TO RONNIE VAN ZANDT’S LYNYRD SKYNYRD • SHEMEKIA COPELAND AND MUCH MORE!*
TICKETS ON SALE NOW! berksjazzfest.com * LINEUP AS OF 12/23/16. SUBJECT TO CHANGE
PROUD SPONSOR OF THE BOSCOV’S BERKS JAZZ FEST
Follow us on Twitter @berksjazzfest