F o r P e n n s y l v a n i a Y o u n g L a w y e r s, h e r e s w h a t s... AT ISSUE

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1 F o r P e n n s y l v a n i a Y o u n g L a w y e r s, h e r e s w h a t s... AT ISSUE A p u b l i c a t i o n b y a n d f o r t h e Y o u n g L a w y e r s D i v i s i o n o f t h e P e n n s y l v a n i a B a r A s s o c i a t i o n Inform. Advise. Advocate. Educate. By Robert T. Datorre, PBA YLD Chair W I N T E R As attorneys, it is a fundamental part of our job to provide information and advice to our clients to assist them in making decisions concerning the legal issues for which we have been engaged. This information and advice allows us to advocate on their behalf before a tribunal, at the negotiation table or in any other setting in which our clients interests require legal representation. One of the most rewarding parts of my practice is when my client can recognize the similarity between a current legal issue and one on which I have previously provided advice and counsel, and it becomes clear to me that my clients have used the previous discussion as an opportunity to more fully educate themselves on an issue, which has allowed them to discharge their duties more effectively. While these moments help to make the practice of law more satisfying, the reward is much greater when I have the chance to share some of my knowledge about civics and the law with elementary, middle and high school students. Over the last several years, I have been very privileged to have opportunities to participate in various civic and lawrelated education programs around Pennsylvania, helping to educate students about our form of government and jurisprudence. On each of these occasions, it has been clearly evident that my time with the students has not been wasted and that each student learned something about government or the law through the presentation. Of course, the professional educators in our schools teachers, counselors, principals and other staff and administrators take on the greatest responsibility for educating our children. Guided by codes and principles of ethics and professionalism and teaching to rigorous academic standards approved at the national and state levels, these individuals help prepare our children for the future. But we cannot expect that professional educators should bear this burden entirely on their own shoulders. As parents, workers and professionals, we each share in the responsibility of raising and educating our state s and our nation s children. As chair of the Young Lawyers Division, I have asked lawyers of all ages to participate in civic and law-related education programs in their local schools and across Pennsylvania. Under the direction of PBA Education and Special Projects Coordinator Susan Etter, the PBA programs provide resources and information for lawyers to use in preparing for and presenting interesting and engaging civic and law-related education programs to students of all grade levels and in a variety of law-related subject areas. As YLD chair, I am again calling on you, as a lawyer, parent and citizen of our country and our state, to participate in at least one civic and law-related education program each school year. I know that you will find the time and energy that you put into the program returned to you As YLD chair, I am again calling on you, as a lawyer, parent and citizen of our country and state, to participate in at least one civic and law-related education program each school year. tenfold in the appreciation and gratitude that the students and educators will share. Even more importantly, the interaction with students and educators that occurs through participation in a program will give you the opportunity to learn from the students and educators about the expectations that our neighbors rightfully have of us as lawyers, elected and appointed government officials and community leaders. Please feel free to review the Law-Related Public Education link on the PBA s homepage or the YLD webpage for more information about civic and law-related education programs or to talk to your county bar about programs offered at the local level. You can also contact Etter by phone at , Ext. 2256, or by , susan.etter@pabar.org. 1

2 Wills for Heroes Events Scheduled in 2014 Date County Location March 29 Montgomery Horsham Fire Co. No. 1 April 5 Bucks Bucks County Public Safety/ Emergency Training Center April 12 Philadelphia Community College of Philadelphia April 19 Centre Dickinson Law School April 26 Bucks Community Fire Company No. 1, Station North 42 May 3 Delaware Tinicum Township Fire Co. May 17 Bucks Richlandtown Fire Company May 31 Lancaster Lancaster County Public Safety Training Center Sept. 6 Lancaster Lancaster County Public Safety Training Center Oct. 11 Bucks Levittown/Fairless Hills Rescue Squad Oct. 18 Delaware Delaware County First Responders, Tinicum Township Fire Co. Dec. 6 Lancaster Lancaster County Public Safety Training Center Click here to visit the Young Lawyers Division s Wills for Heroes webpage, which includes details on the program and how to become involved. If you are interested in volunteering for a Wills for Heroes event or would like to have an event in your county, please contact Maria Engles, YLD coordinator, at maria.engles@pabar.org or , ext At Issue Editors-in-Chief Jonathan D. Koltash Alison Wasserman Law Student Associate Editor Max K. Slater At Issue is published by the PBA Young Lawyers Division. Editorial items, news material and correspondence should be sent to the PBA Communications Department, P.O. Box 186, Harrisburg, Pa Division Officers: Robert T. Datorre, Chairperson; Lars Anderson, Chair-elect; Jacob A. Gurwitz, Immediate Past Chairperson; Kevin Taccino, Secretary; Kevin Skjoldal, Treasurer; Melissa Leininger, YLD Division Delegate; Samara Gomez, ABA/YLD District Representative Zone Chairpersons: At-large: Justin Bayer, Alaina Koltash; Alison Wasserman; Zone One: Aneesh Mehta, Philip Yoon; Zone Two: Jill McComsey; Zone Three: Jonathan Koltash, Megan Riesmeyer; Zone Four: Amanda Browning; Zone Five: Chip Abrahamsen, Maureen Collins; Zone Six: Joshua Camson, Bernard C. John; Zone Seven: Denise Pekelnicky; Zone Eight: Joel Seelye; Zone Nine: Michelle Christian, Kristen Rushing; Zone Ten: Kelley Harley, Sherri Hurst; Zone Eleven: Jennifer White; Zone Twelve: Erin Lucas Hamilton, Tyra Oliver PBA Staff: Maria Engles, YLD Coordinator; Amy Kenn, Editorial Liaison The materials printed herein are of general reference and are subject to interpretation consistent with state and federal laws Pennsylvania Bar Association Young Lawyers Division Save the Date! Committee/Section Day is May 15, 2014, at the Hershey Lodge, Hershey, Pa. 2

3 PBA YLD Seeks Nominations The PBA Young Lawyers Division s Nominating Committee, chaired by Bernard John, is accepting applications from YLD members interested in seeking nominations to run as candidates for the division s chair-elect, secretary, treasurer and ABA representative positions. The terms for those elected will begin at the conclusion of the 2014 PBA Annual Meeting (May 14-15, at the Hershey Lodge, Hershey, Pa.). If you are interested in being nominated by the Nominating Committee under Article IV, Section 2, of the bylaws, please submit your qualifications and a brief biographical sketch by March 21 to Bernard John, John & John, 96 E. Main St., Uniontown, PA Materials may also be faxed to Bernard at or ed to bcj@johnandjohnlaw.com. If you wish to be nominated by petition under Article IV, Section 4 of the bylaws, please send your materials with a petition signed by at least 15 members of the YLD by April 15 to the above address or fax number. Send a copy of all materials to Maria Engles, YLD coordinator, Pennsylvania Bar Association, 100 South St., P.O. Box 186, Harrisburg, PA 17108; fax, ; or , maria.engles@pabar.org. The YLD bylaws can be found on the PBA/YLD website here. John can be reach at to answer any questions you may have regarding the election process. Committee/Section Day Recap The PBA Young Lawyers Division had a special guest, Pennsylvania Lt. Gov. Jim Cawley, speak at the YLD meeting held at Committee/Section Day on Nov. 21 at the Holiday Inn East in Harrisburg. The lieutenant governor s presentation enlightened those in attendance as he discussed his career path in politics and the demands of his current position. He also discussed being a member of the Pennsylvania Board of Pardons. At the conclusion of his speech, he took questions from those in audience. After the lieutenant governor s remarks, the YLD leadership and various committees updated the membership about upcoming events. The event concluded with a happy hour before those present attended the Pennsylvania Bar Foundation dinner recognizing Michael Shatto, who retired after 40 years as a staff member for the PBA. The next Committee/Section Day will be held on May 15 at the Hershey Lodge and Convention Center in conjunction with the PBA Annual Meeting. In the photo above, Pennsylvania Lt. Gov. Jim Cawley (center) is joined by PBA President Forest N. Myers and PBA YLD Chair Robert T. Datorre. At left, YLD members are shown at their Committee/Section Day meeting. 3

4 Lawyers and Children Sing and Dance to a Fresh Beat at Zone 3 Caravan Zone 3 Caravans On Dec. 4, 2013, the Pennsylvania Bar Association s Young Lawyers Division Zone 3 hosted a caravan at Nickelodeon s Fresh Beat Band s performance at the Giant Center in Hershey. Young lawyers and their children were singing and dancing along with their favorite Fresh Beat Band songs in a suite generously made available for the event by the Harrisburg office of McNees Wallace & Nurick LLC. The family-centered event was a great opportunity for lawyers to meet and enjoy the YLD s networking, social and entertainment benefits while spending time with their families. These events provide opportunities for lawyers and their families to meet and develop new friendships. The YLD hosts a variety of caravans that recognize that young lawyers have many different lifestyles that are balanced with their law practices and other work. Those in attendance at the caravan event also celebrated the birthday of Jennifer Galloway, a young lawyer practicing at France Paskey in York. Happy Birthday, Jenn! GO BANANAS!! Thanks to the donation of the suite by McNees Wallace & Nurick LLC, the YLD was able to raise donations for the Pennsylvania Bar Foundation, the charitable affiliate of the PBA. The PBF provides a number of services and benefits for lawyers and the community, including student loan repayment for public interest lawyers, law student scholarships, pro bono support and sponsorship of civic and law-related education programs. The donations raised will help the PBF carry out its mission. You can learn more about the PBF at or by contacting Zone 3 held its first caravan of 2014 on Jan. 25 at the Giant Center in Hershey. Twenty young lawyers from around the Mid-Penn area were on hand to watch the Hershey Bears defeat the Syracuse Crunch, 3-2, in a rousing game. A special thanks to McNees Wallace & Nurick LLC law firm, which donated the use of its luxury boxes to make the event a success! 4

5 Make 2014 Your Year to Show Up, Get Involved and Make a Difference! By Susan E. Etter For those who aspire to lead and make a difference, limitless opportunities are all around you, including at the Pennsylvania Bar Association. For young lawyers, there are many paths to leadership not only through the Young Lawyers Division but through the PBA in general. Because there are so many opportunities, it can sometimes be confusing or perhaps even intimidating. The best advice: Show up and get involved. It really is a learn-as-you-go sort of process for most of the PBA s leadership at all levels, but there is a lot of help along the way, shares Louann Bell, PBA committee coordinator. Many of the liaisons from the board and the staff are long-term PBA members and employees who are well-equipped to offer advice with practical and complex planning matters. The PBA is no exception to the rule that an organization must be relevant to remain viable, said Barry Simpson, PBA executive director. We must continually evolve in order to serve the needs and wants of our members and the demands of the legal profession. That takes members who are willing to step forward to share their ideas and to work with others to implement them. The chance to get results is what motivates most PBA leaders. When members are actively engaged in the work of the PBA, they see what is being accomplished and they further develop skills and relationships that benefit their own professional growth. Participation in committees, meetings and events provides members with the sense of giving back to the profession. Another great opportunity to jump into the PBA and be exposed first-hand to the inner workings of PBA governance is through participation in the Bar Leadership Institute. The PBA Bar Leadership Institute looks to the future of the organization by developing well-informed, committed leaders who will serve the PBA for many years to come. It familiarizes participants with the day-to-day operation of the association, provides a foundation on governance and policy issues and introduces the participants to PBA staff and resources. Participation in the Bar Leadership Institute provides numerous opportunities to network with PBA members and leadership and helps build lasting relationships that will serve as an invaluable resource for future success. Participation in the Bar Leadership Institute is a great opportunity to jump into the PBA and be exposed first-hand to the inner workings of PBA governance. 5 Perhaps the best way to really understand the value of participation in the Bar Leadership Institute is to listen to what past members share about their experience. Participation in the Bar Leadership Institute has provided me with an insiders view of the PBA, said one past member. It afforded me with an opportunity to participate in meetings and events where I would not otherwise have been able to participate. I was able to witness, firsthand, issues being raised by members of the PBA and the process by which they were discussed and voted on by the Board of Governors and House of Delegates. I had an opportunity to meet and interact with key members of the PBA to learn how they achieved their positions within the PBA. The BLI brought the information we read about on the PBA s website to life. And another BLI class member shared, This program is beneficial for young lawyers aspiring to achieve leadership positions with the larger bar, as it will provide unparalleled networking opportunities, information about governance structure, exposure to sensitive issues and much more. The Bar Leadership Institute showed me how important it is to become an active member of the Pennsylvania Bar Association. It is essential that attorneys everywhere understand that the legal profession is in the midst of a significant transitional period and that attorneys must remain active to protect the profession. Attorneys are essential to the cause of justice in this country, but increasingly there are forces, whether political or societal, that minimize the roles that attorneys can play. It is absolutely necessary that young attorneys understand the importance of the PBA and become familiar with the workings of the PBA. Strong leadership rarely arises without the presence of grooming from the previous generations. BLI is an important tool to recognize those who are not only willing to take on leadership responsibility in the future but those who are capable of doing so. Eligibility The PBA is committed to selecting the very best bar leadership class possible. The size of the class is limited to 10 lawyers. The criteria for inclusion in the class is: Demonstration of leadership ability in some capacity Willingness to make the time commitment to the seven-month program Currently licensed to practice law in Pennsylvania Continued on Page 6

6 Make 2014 Your Year to Show Up, Get Involved and Make a Difference! Continued from Page 5 Age 38 years or younger or have practiced five years or less. Membership in the PBA is required; however, prior active participation in the PBA is not a criterion. Applications for the PBA BLI class are due May 9, How does it work? The Bar Leadership Institute engages future PBA leaders in the governance structure by requiring attendance at three key yearly meetings (the YLD Summer Meeting, the November Board of Governors, Committee/Section Day and House of Delegates meetings, and the Conference of County Bar Leaders in February). The costs of attending these three required meetings (rooms, meals provided at the events and registration fees) will be paid by the Pennsylvania Bar Association. Participation in other important meetings and events throughout the year (such as Day on the Hill, statewide Mock Trial Championships, committee/section meetings and the Annual Meeting) are also encouraged. An orientation process introduces BLI participants to an overview of the PBA and the various leadership opportunities that exist within the organization, and each BLI participant is paired with an experienced and committed mentor who is a member of the Board of Governors. Active and engaged participation in the Bar Leadership Institute also provides opportunities for professional development and learning. Participants can earn CLE credits and interact with colleagues who practice law in their areas of interest. How can I learn more? Information about the Bar Leadership Institute and resources for anyone interested in learning more about the PBA is available on the PBA website at asp, or you may contact Susan Etter, PBA education and special projects coordinator, by phone at , ext. 2256, or at susan.etter@pabar.org. Susan E. Etter is the Pennsylvania Bar Association education and special projects coordinator. We have the clients... you have the expertise. Join the PBA Lawyer Referral Service today. It s a win-win situation! For additional information, contact the PBA LRS at , ext PBA Bar Leadership Institute The PBA Bar Leadership Ins tute provides emerging leaders, represen ng a broad cross sec on of the diversity of the PBA membership, with an opportunity to learn about the PBA while ac vely par cipa ng in key mee ngs. Par cipa on in the Bar Leadership Ins tute provides numerous opportuni es to network with PBA members and leadership and helps build lasting relationships that will serve as an invaluable resource for future success. The Bar Leadership Ins tute looks to the future of the organiza on by developing well-informed, committed leaders who will serve the PBA for many years to come. It familiarizes par cipants with the day to day opera on of the associa on, provides a founda on on governance and policy issues and introduces the par cipants to PBA staff and resources. If you know a young leader reach out and encourage him or her to apply. If you are a young leader, visit the PBA website for details and to complete an application. Applica ons for the PBA BLI class are due May 9, Everything you need is on the website: 6

7 PBA YLD Seeks Nominations for Smith and Liberty Bell Awards Nominations are being accepted until March 28 for the PBA Young Lawyers Division s Michael K. Smith Excellence in Service Award and Liberty Bell Award. The Michael K. Smith Award is presented to a Pennsylvania young lawyer who through her or his exemplary personal and professional conduct reminded lawyers of their professional responsibilities. The Liberty Bell Award is presented to a non-lawyer for his or her outstanding community service and for promoting the blessing of liberty guaranteed by the Constitution. For more nomination information, contact Young Lawyers Division Coordinator Maria Engles by or by phone, , ext SAVE THE DATE For the Pennsylvania Bar Association Young Lawyers Division 2014 Summer Meeting/New Admittee Conference Aug. 1-3, 2014 Toftrees Resort and Conference Center State College, Pa. The upcoming YLD Summer Meeting/New Admittee Conference will feature plenty of CLE and networking opportunities and entertainment. Registration information coming soon. 7

8 Calling All Lawyers to Support Civic and Law-Related Education The real reward in participating in a civic and law-related education program comes from seeing the smiles on students faces, receiving the handmade thank-you cards from the elementary-school class you visited, the high-fives and cheers from the mock trial team you coached that knows that, win or lose, they did an excellent job preparing and presenting their case and the gratitude shared by teachers, administrators and parents. The truth is, we can t even begin to list all the rewards, tangible and intangible, that participation in a civic and law-related education program can bring. As a small token of our appreciation for your support of civic and law-related education programs, the PBA YLD is giving a koozie to each person that participates in planning or presenting a civic and law-related education program. These beautifully-designed, highly-durable koozies feature the YLD logo on one side and the I support civic and law-related education statement on the other and are designed to insulate beverages, keeping your water cool or your coffee hot. Please report your participation in the program to Susan Etter, the PBA s education and special projects coordinator, at susan.etter@ pabar.org, and we will make arrangements to get a koozie in your hands. If you are not able to participate in a program, please consider making a donation to the Pennsylvania Bar Foundation to help fund programs offered through the PBA and PBF. And don t forget, May is Law Month and a perfect time to participate in a program at a school near you. Lessons and materials for classroom visits are available on the PBA website at or by contacting Susan Etter. What s Going on in our Counties... Zone 1 (Philadelphia) On Nov. 12, Zone 1 hosted a caravan titled MidWeek Madness, a sort of sports homage to the upcoming college basketball season. Zone 1 members encouraged attendees to dress wearing their college colors. The event was held at Chima, and approximately 35 people attended from both the law schools and nearby law firms. Zone 1 has been continuing with its outreach to law schools. Zone 1 YLD Co-Chair Aneesh Mehta and Immediate Past PBA President Tom Wilkinson spoke at Penn State Law, and Mehta and fellow Zone 1 Co- Chair Phil Yoon spoke at Drexel to encourage students to become interested in being involved and active with the PBA. Zone 1 lawyers teamed up with Drexel and Temple law students for a holiday toy drive, and events are in the process of being coordinated with those law school in the upcoming months, with Drexel students assisting with the Philadelphia Mock Trial program and Temple organizing a trivia event for students and young lawyers. The Temple event is tentatively scheduled for March 27 and is co-sponsored by Lexis and The Brehon Society. YLD Chair-elect Lars Anderson and YLD Coordinator Maria Engles helped to purchase group tickets for the Phillies vs. Nationals game at Citizens Bank Park on Saturday, July 12, The game is currently scheduled at 7:15 p.m., although that is subject to change if the game is bumped up to a national broadcast. What is not subject to change is the fact that the event will be a fun night for all! The logistics of this caravan will be planned shortly. 8 Zone 2 (Berks, Carbon, Lehigh, Northampton, Schuylkill) Northampton County Northampton County YLD once again participated in the annual Holiday Hope Chest program, which brings gifts to the underprivileged in the Lehigh Valley. The YLD requested and received donations from the bench and bar. Members contributed shoe boxes, which were wrapped at wrapping parties, gifts were purchased by members on Nov. 19, and the packages were stuffed and delivered to the Lehigh Valley Volunteer Center for distribution before the holidays. A happy hour was held in Bethlehem at McCarthy s Pub on Friday, Nov. 15, and all proceeds from the happy hour further funded the Continued on Page 9

9 What s Going on in our Counties Continued from Page 8 holiday hope chest program. Recent CLEs coordinated by the YLD for the NorCo young lawyers include: ABCs of Zoning, What s My Role? Serving as an Arbitrator in Northampton County, Fee Agreements and Opening Speech. The Northampton County Bar Association participated in a softball tournament against a local newspaper, The Express-Times, and raised more than $5,000 for the Miracle League. Many young lawyers participated, and the bar was victorious. Way to go lawyers! Lehigh County Lehigh County YLD has continued with its monthly tradition of happy hours at various bars and restaurants around the Lehigh Valley, although this past October, in lieu of a happy hour, YLD members were encouraged to attend the Raise a Glass to Justice event, which benefitted North Penn Legal Services. Great fun was had by all, and the event was a resounding success. Berks County The Berks County Bar Association held its admission ceremony on Nov. 14, 2013, with a reception afterward in the bar association building. The Law Foundation Holiday Benefit Luncheon was held on Dec. 6, 2013, at the Crowne Plaza Hotel. Zone 3 (Adams, Cumberland, Dauphin, Franklin, Juniata, Lancaster, Lebanon, Perry, York) In addition to the various county bar association Young Lawyer Divisions, Zone 3 members are preparing for an active spring. They hosted an event at the Jan. 25, 2014, Hershey Bears ice hockey game, thanks to the generosity of McNees Wallace & Nurick LLC, which donated its box for the game. Additionally, Zone 3 is planning an event, in conjunction with the Dauphin County Bar Association YLD and the Cumberland County Bar Association YLD, for Widener and Dickinson law students. They are also exploring the option of doing an event at Troegs Brewery in Hershey. Cumberland County The Cumberland County YLD had a busy December, starting with its Adopt-a-Family Campaign. More than 45 attorneys, judges, law clerks, law students and other individuals assisted in donating holiday gifts for members of Safe Harbor, a domestic violence shelter in Carlisle. This was the fourth year the YLD participated in the event, and the members assisted more than 72 individuals (about 37 families) and donated more than 200 presents. This was the highest turnout of donations and volunteers. The Cumberland County young lawyers also hosted Lunch with Santa, where the YLD donated more than 25 pizzas to the Safe Harbor shelter for the shelter families to enjoy lunch with the YLD. And who came to visit and join in the festivities? Why Ol Saint Nick himself! This was a wonderful event, and the YLD is looking forward to working with the shelter again next year. The YLD is also currently working and planning for Law Day, with this year s theme being Every Vote Counts. They will make presentations in middle schools in the county and plan to put on a community presentation in mid-april at Dickinson School of Law. Additionally, the swearing-in ceremony for new attorneys into the Cumberland County Bar Association (CCBA) is being revived and is scheduled to take place in March. New attorneys will be introduced to the line officers in the courthouse and be given a tour of the courthouse prior to the ceremony. The ceremony will be followed with a happy hour for all new admittees at Market Cross Pub. The YLD is continuing to host its Basic Practice Series program, where members of the bench and bar come to their monthly meetings to present various topics of interest to young attorneys. The YLD was also able to grant multiple scholarships to local YLD members for financial assistance in paying their yearly membership dues with the CCBA and to attend the annual CCBA meeting in January. Cumberland County young lawyers continued their philanthropic streak by making donations in the form of CCBA memberships and membership to the local Inn of Courts to the Dickinson Law Public Interest Law Fund for the PILF event in March. Dauphin County The Dauphin County Bar Association (DCBA) YLD has continued to be active since July. In August, the group held its annual volleyball picnic, which concluded the summer s weekly DCBA volleyball season. In September, the YLD members participated in the 2013 Capital Region Heart and Stroke Walk and the bar association s Fall Membership Luncheon that welcomes new members to the DCBA. They also hosted their annual Oktoberfest in October and Casino Night in early November. On Dec. 19, 2013, the YLD hosted its annual holiday party at the bar association in downtown Harrisburg, with a toy collection for Vinny s Kids. Some of the many upcoming events for the YLD in 2014 include a St. Patrick s Day party in March, a Meet the Judges Night (local state and federal judges) in April, the start of the summer volleyball league in May, a summer social with the Harrisburg Young Professionals, an outing at a Hershey Winery/Brewery in September, an Oktoberfest party in October, and of course, the Casino Night and holiday party again in November and December. The YLD is also planning to participate in two charity runs throughout the year, but they have not yet been planned. Franklin County The Franklin County YLD held its annual holiday party in November at a local restaurant. Significant others were invited, and they held an Ugly Christmas Sweater con- Continued on Page 10 9

10 What s Going on in our Counties Continued from Page 9 test. In November and December, they coordinated a pajama drive and collected new pajamas and books for foster children. The Franklin County Bar Association s annual Admission Ceremony took place in December, and the YLD provided a breakfast reception. In February, the YLD teamed with Wilson College and the Rotary Club of Chambersburg for a Career Development Conference. Interested students signed up to attend and were required to wear business attire. YLD members and other local professionals sat on panels addressing issues such as networking, interview tactics, resume tips, continuing one s professional education once employed and going on to graduate school, along with several other topics. YLD members also put together an etiquette lunch for the students. Interested students had the option of being paired with a professional mentor after the event. It was hugely successful, and they plan to continue doing the event, hopefully once a semester. A Wills for Heroes event was planned for Feb. 22 in Waynesboro, and the YLD is hoping to organize at least one more in the future. FCBA s Law Day is scheduled for May 2, in which the YLD will participate by putting on a mock trial for eighthgrade students and having select students serve as jury members. The YLD is also sponsoring a poster contest on the Law Day theme with prizes to be awarded before the mock trial. General plans for the future include joining with a local nursing home to do some sort of Adopt-a-Grandparent - type event, looking into sponsoring a water booth or another kind of sponsorship opportunity at an upcoming Race Against Poverty, and continuing to host happy hours, lunch socials and their usual events, such as the breakfast reception at the FCBA annual meeting, pajama drive, holiday party and the Career Development Conference. Lancaster County The Lancaster County YLD has had a very busy year! Since July, the YLD co-sponsored a Night Out at the Ball Park with the Lebanon County Bar Association YLD, held two Wills for Heroes events, provided three CLEs for its members (one on expungement of non-ard offenses, one on representing the domestic violence plaintiff and one on the interplay between the estate planning attorney and the financial planner) and had a presentation on marketing, which focused on the Supreme Court precedent and the recent amendments to Rule 7 of the Rules of Professional Conduct. In addition to traditional legal pro bono work, the Lancaster Bar Association YLD also held an event at the Boys & Girls Club of Lancaster to gauge interest in a new volunteering opportunity for attorneys to participate in the Stepping Out program. The program involves attorneys donating their time to provide basic lessons on civics and various areas of the law (credit, criminal, family, etc.), as the children who are receiving the services of the club will not get such information from school or their social networks. The kickoff event was attended by about 20 young lawyers, and another Stepping Out Program panel is scheduled for March 31. The YLD hosted Wills for Heroes events on Dec. 14 and March 8. Lancaster County young lawyers have also enjoyed their recent Quarterly Informal Happy Hours at Annie Bailey s and the Lancaster Dispensing Company. Upcoming events include CLE presentations on April 1, May 6 and June 3, a YLD-sponsored team competing in the Lancaster YWCA Race Against Racism on April 26, Stepping Out Program panels on April 28 and May 26, and a Quarterly Informal Happy Hour (at a location TBD) to celebrate and thank the race team members and Stepping Out volunteers on May 12. The remaining two quarters of 2014 will see Lancaster young lawyers hosting at least two or three CLEs, two more happy hours and one more Stepping Out presentation. Lebanon County On Oct. 19, 2013, the Lebanon County YLD hosted an Oktoberfest Picnic which was open to all Lebanon County Bar Association members. They grilled bratwurst, baked soft pretzels and drank Yuengling Oktoberfest beer. The weather held out for the picnic that day (it started pouring right as the last guest was getting in her car to leave), and everyone that attended had a good time. The YLD hosted a Wills for Heroes event on Nov. 2 at the Quentin Volunteer Fire Company in Lebanon County. They had a full set of appointments, as well as help from some Lancaster County attorneys who came through at the last minute to fill some open volunteer positions. They were very grateful for the Lancaster Bar Association s support and wish to extend their thanks and gratitude to their neighboring bar members, as well as to Christina Fisher for organizing the event. The young lawyers have been holding regular happy hours and are planning a more formal networking event for the upcoming year, which will include all the members of the bar association. They are also working on a Lunch-and-Learn session with a judge, to be held in the spring or summer. York County The York County Bar Association YLD hosted a York County Staff Appreciation event for local law firm and government sector staff and a pro bono CLE to inform young lawyers of the pro bono opportunities available in York County. Both events were well-attended and considered a success. The YLD held the elections for next year s officers in December. Zone 4 (Lycoming, Montour, Columbia, Northumberland, Snyder, Tioga, Union) Zone 4 partnered with the Lycoming Law Association YLD to hold the annual Angel Tree Toy Drive from Continued on Page 11 10

11 What s Going on in our Counties Continued from Page 10 Nov. 13 through Dec. 12 to benefit the Salvation Army. Several hundred toys, games, books and clothes were collected to benefit local, needy children. Way to go Zone 4! Zone 5 (Bradford, Lackawanna, Luzerne, Monroe, Pike, Sullivan, Susquehanna, Wayne, Wyoming) Luzerne County Luzerne County YLD helped run the recently-held High School Mock Trial Competition, from which Hazleton High School and Wyoming Seminary Upper School will be moving on to the regional competition. The young lawyers enjoyed a night out at a hockey game between the Wilkes-Barre Scranton Penguins and Providence Bruins. After a shootout, the Bruins beat the Penguins by one point, but the hometown loss didn t prevent the YLD from having a great time! A Valentine s afternoon tea was held on March 8 at Sugar s Tearoom & Gift Shoppe in Forty Fort. The annual St. Patrick s Day Mixer with the Lackawanna County YLD is scheduled for March 19. The location is still to be determined, but the event has been held at Cooper s in Scranton for the past few years. The Luzerne County YLD has an upcoming volunteer day on April 5 to rehab one of the visitation rooms at Children & Youth Services, which is in need of painting and new flooring. YLD members are being asked to donate new or gently-used baby/toddler toys/clothing/supplies for CYS. The LLA s annual Law Day Dinner Dance will be held on April 12 at the Woodland s Inn and Resort. Zone 6 (Fayette, Greene, Washington, Westmoreland) Greene County Although Greene County remains without an official Young Lawyers Division, at the Greene County Bar Association s last meeting, four new young lawyers were admitted to the bar association! The Zone 6 co-chairs are currently putting a proposal together for the Greene County Bar Association to start a YLD and elect YLD officers at its next meeting in several months. Westmoreland County Westmoreland County had a great end of 2013 and is ramping up to have a similar In August, the bar association held its annual seasoned lawyers vs. younger lawyers softball game. The mayor of Jeanette threw out the first pitch, and the young lawyers predictably won The Westmoreland County YLD also had 30 participants in the Westmoreland Croquet Club tournament, a charity event that benefits the Westmoreland Community Foundation. The YLD has also been hosting numerous CLEs by seasoned lawyers aimed at young lawyers. Finally, members of the YLD are currently serving as jurors and coaches for the Mock Trial Competition. Fayette County The Fayette County YLD has planned the fifth annual Law Day Mock Trial Competition for May 1, where a significant turnout is expected. Washington County Unlike Westmoreland County, the Washington County YLD lost its softball game against the senior bar for the first time in many years. That didn t stop the YLD from having a spirited fundraiser at a local minigolf range. Proceeds benefited the Washington County Bar Foundation. The YLD also held numerous happy hours (sometimes one hour right after the other) during the end of Washington County co-hosted a Zone 6 Caravan at the Meadows Casino; it hopes to start having more than one caravan a year. Several committees within the Washington County Bar Association, including the Family Law Committee, Juvenile Law Committee and Criminal Justice Committee, are now chaired by young lawyers. Working in conjunction with the county bar president, Dave DiCarlo, the YLD has organized monthly casual lunches at the bar office in an effort to promote congeniality and networking between young and seasoned lawyers. The YLD, with the help of executive director Kathy Sabol, hosted the regional Mock Trial competitions in the county courthouse. There have been several happy hours so far this year with more to come. Zone 7 (Clarion, Crawford, Erie, Forest, Jefferson, McKean, Venango, Warren) Zone 7 s Mock Trial competition took place from Tuesday, Jan. 28, through Thursday, Jan. 30, Erie County The Erie County Young Lawyers Division is working to establish a Civic Education Program with the local schools. The project is currently in the planning stages, with the lead developers being attorneys Denise Pekelnicky and Jo Alspaugh. In October, the young lawyers had an Oktoberfest celebration at the Brew- Erie, which was a success in both attendance and fun! The Erie County Court of Common Pleas had its admission ceremony on Nov. 1, 2013, and admitted 15 new young lawyers. Zone 8 (Bedford, Blair, Cambria, Fulton, Huntingdon, Indiana, Mifflin, Somerset) The Mock Trial competition has been in full swing in Zone 8, with many of the young lawyers volunteering their time as attorney-advisers and scoring jurors. Blair County Lunch & Learns, sponsored by the Blair County Young Lawyers Committee continue, with presentations to be scheduled in the near Continued on Page 12 11

12 What s Going on in our Counties Continued from Page 11 future. The most recent one, on Feb. 6, 2014, was titled Practice Tips for Unemployment Compensation. The cost for these Lunch & Learns is $15 per person and will continue to take place over the next few months. Zone 8 young lawyers received invitations, but anyone is welcomed to attend. The Young Lawyers Committee is meeting to discuss a March Madness happy hour (similar to what it hosted last year), additional upcoming events and possible fundraisers. Anyone in Zone 8 who is interested in being on the mailing list for events in the zone, please Zone 8 Chair Joel Seelye at joel@grabillandseelye.com. Zone 9 (Bucks, Chester, Delaware, Montgomery) Delaware County The Delaware County Bar Association s Young Lawyers Section has been very active since June In early June, it presented two Case Law Update CLEs at the Delaware County Bench Bar Conference. The Young Lawyers Section also put on a Texas Hold Em Tournament at the conference, with the proceeds going to its annual Christmas party for underprivileged youths. In August, the YLS held a well-attended happy hour sponsored by a local financial consulting firm, and in September, the YLS sponsored a 5K run for the Ronald McDonald House. Through the hard work of many people, the YLS was able to raise and donate $5,000, enought money to purchase an exclusive room sponsorship for an entire year at the Philadelphia Ronald Mc- Donald House. The Delaware County young lawyers also participated in a joint happy hour with their counterparts in the Montgomery County and Philadelphia bar associations on Oct. 25. Their final event of 2013 was their annual Christmas party for underprivileged youths. This wonderful event took place on Dec. 7 at the Community Center in Media, where the YLS hosts underprivileged children and provides lunch, treats, a magician, face painting, crafts and a visit from Santa with a gift for each child. The event was a great success with, approximately 70 children and 45 adults attending. The Mock Trial Competition began in Delaware County on Jan. 28 and was run and organized by the YLS. On Feb. 11, 2014, Patrick T. Daley (current YLS president) and William Baldwin (executive director of the DCBA) attended a breakfast at the Chestnut Street Ronald McDonald House in recognition of the YLS being an Adopt-A- Room Sponsor for Upcoming scheduled YLS events include the annual Judges Cocktail Party on April 10, the annual outing to the Phillies game on May 13, and the fourth annual Young Lawyers Section Run for the House on Sept. 13. Zone 10 (Armstrong, Beaver, Butler, Lawrence, Mercer) The Zone 10 Caravan took place in November at the Sports Grille Cranberry in Butler County. Beaver County The Beaver County YLD hosted its annual charity golf outing in June 2013, with the money raised going to benefit the Variety Children s Organization, a nonprofit organization that builds and donates adaptive bikes for handicapped children. Two bikes were donated to the organization, one by the Beaver County Bar Association and the other by Beaver County YLD. The child that received the first bike is approximately 9 years old, and since having it, he has taken his first steps. In July, the YLD volunteered for a build day with Habitat for Humanity Beaver County, an organization the young lawyers volunteer with twice a year. The YLD hosted its annual End of the Summer Picnic and Bean Bag Toss tournament for the entire bar association in September. The YLD s annual Oktoberfest took place in October at the Hollywood Gardens, at which the YLD collected approximately 100 pajamas that were donated to the local women s center. The YLD ended 2013 on a strong note, putting on an ethics CLE and happy hour for bar association members in December. The Beaver County YLD has just wrapped up the 2014 Mock Trial Competition and sent Beaver Area High School (Team 1) to the district competition. The YLD annually hosts a mock trial appreciation happy hour on the first Friday during March Madness as a way to thank those who participated, and this year, the event is on March 21, 2014, at 4:30 p.m. at the Beaver County Bar Association. The YLD is also hosting mix-andmeets with the more experienced members of its bar association, and the mix-and-meet for March will be with Beaver County judges. At Law Day, the YLD gives out a Civic Appreciation Award to a member or a group that has helped to contribute to their community; the YLD is currently seeking nominations for that award. Beaver County YLD s next large event is its annual YLD golf outing, held each year on Flag Day at the Blackhawk Golf Course. Anyone is welcome to attend. Always the philanthropic bunch, the YLD selects a charity every year to be funded via donations raised and coordinated through its charitable giving committee. Butler County The Butler County Young Lawyers hosted an informal happy hour open to the entire bar association in October In November and December, they sponsored a service project to collect needed items to benefit the Butler County Children and Youth Services Foster Shop. The YLD has also started a mentoring program between young lawyers and experienced attorneys within the bar association and has participated in Judge Marilyn Horan s monthly Coffee Hours, which brings young attorneys together to learn practice tips and ask questions from judges and court administration. As it does every year, the YLD assisted with the Continued on Page 13 12

13 What s Going on in our Counties Continued from Page 12 High School Mock Trial Competition in February 2014, a three-day event with 10 high schools competing, and Butler High School emerged victorious. A YLD-hosted lawyers vs. law enforcement softball game is coming in the spring, which should be a fun and exciting event for all. Zone 11 (Cameron, Centre, Clearfield, Clinton, Elk, Potter) Zone 11 gathered together in October with the students of the State College campus of the Dickinson School of Law. The event was held at a local trivia night, where everyone competed on the same team. Centre County Centre County YLD held a quarterly meeting on Nov. 21, 2013, to discuss upcoming events, including the idea of continuing to sponsor a softball team, possible Wills for Heroes events and the ongoing Meet the Judge series. Zone 12 (Allegheny) Practicing Bankruptcy Law in the Western District of Pennsylvania Lunch and Learn On Nov. 18, 2013, the Education Committee of the Young Lawyers Division of the Allegheny County Bar Association sponsored a Lunch and Learn titled Practicing Bankruptcy Law in the Western District of Pennsylvania. The chief bankruptcy judge from the United States Bankruptcy Court of the Western District of Pennsylvania, Judge Jeffery Deller, and bankruptcy attorneys from Clark Hill Thorp Reed discussed the ins and outs of practicing bankruptcy law in the Western District of Pennsylvania. YLD s Judicial Team Trivia Night The Zone 12 caravan, the YLD s Judicial Team Trivia Night, was jointly sponsored with the ACBA YLD and took place on Nov. 19, This was one of the biggest events of the fall and poses a unique opportunity for YLD members to network with judges outside of the courtroom. The event was held at the Rivers Club in One Oxford Center. Those in attendance enjoyed a cocktail hour with judges and then were placed in small teams, headed by a judge, for an hour and a half of trivia designed to test their knowledge in various law-based categories in a fun way. Prizes were awarded to the top team. Judges and justices from the Supreme Court of Pennsylvania, the Superior Court of Pennsylvania, the Commonwealth Court of Pennsylvania, the United States District Court for the Western District of Pennsylvania, the United States Bankruptcy Court for the Western District of Pennsylvania and the Court of Common Pleas of Allegheny County were invited to participate. Annual YLD Holiday Party On Dec. 5, 2013, the ACBA YLD hosted its annual YLD holiday party at Olive or Twist. The event raised money for the Allegheny County Bar Foundation s Attorneys Against Hunger Program. It was one of the YLD s best-attended events of 2013, and the party included drink tickets, hors d oeuvres and plenty of holiday cheer. Annual Children in Shelter Holiday Party On Dec. 7, 2013, the ACBA Young Lawyers Division s Public Service Committee organized holiday parties for children living in shelters around Allegheny County, complete with cookies, juice, Santa Claus, Christmas carols and of course presents! The YLD collected gifts donated by individuals and firms, which were then wrapped by YLD members and distributed to the children during the parties. Insurance Law 101 Lunch and Learn On Dec. 9, 2013, the Education Committee of the Young Lawyers Division of the ACBA hosted a Lunch and Learn program titled Insurance Law 101. This informative program provided an excellent opportunity for young lawyers in all practice areas to be introduced to basic core concepts of insurance law. Speakers included: Bridget Gillespie, a shareholder at Picadio Sneath Miller & Norton PC and co-author of the book Norton on Insurance Coverage in Pennsylvania; Brandon McCullough, an associate at Picadio Sneath Miller & Norton PC; and Richard Victoria, a partner at Gordon & Rees LLP. Wellness Strategic Planning Workshop Lunch and Learn On Jan. 23, 2014, the Education Committee of the Young Lawyers Division of the ACBA hosted a Lunch and Learn with Reggie Dulaney, owner of Panthro Fitness, to discuss his plan for creating a vision of wellness that incorporates fitness and nutrition into a young lawyer s ambitious daily goals. Dulaney is an engineer by trade and understands the ambitious, goal-oriented mind-set required for success in a professional career, and he has adapted that mind-set to help professionals achieve their personal vision of wellness and fitness. Wills For Heroes On Feb. 8, 2014, the ACBA hosted a Wills for Heroes event for the City of Pittsburgh Police at police headquarters on Western Avenue. The event was held from 8 a.m. to 2 p.m. and helped a number of first responders. East Pittsburgh Breweries Tour N At The Member Services Committee held an event on Saturday, Feb. 8, 2014, for an East Pittsburgh Breweries Tour N At brewery tour through PA Brew Tours. This tour provided an opportunity to network in a creative environment while exploring two of Western Pennsylvania s finest breweries: Rivertowne & Full Pint Brewery. The Better Mousetrap How to Protect it with Patents and Trademarks Lunch and Learn The Education Committee of the Young Lawyers Division of the ACBA hosted a Lunch and Learn on March 3, 2014, with James Porcelli, senior shareholder of the Webb Law Firm, to discuss the basics of intellectual property law for the non-intellectual property Continued on Page 27 13

14 Mock Trial Provides Courtroom Experience for Aspiring Students Editor s note: This article was submitted by the Milton Hershey School. Milton Hershey School s law classroom and courtroom are shown in this submitted photo. Milton Hershey School junior Leila Asemani put her negotiating skills to good use during the school s first Mock Trial Invitational Tournament that was held on Saturday, Jan. 11. I really enjoyed the mock trial. My law class prepared me for the invitational by all means. Objections, posture, attire, and the whole nine yards was taught to me through class, Leila said. Leila is one of many students who has chosen Law, Public Safety, and Security as her career pathway in the school s Career/Technical Education (CTE). Milton Hershey School (MHS) offers a competitive CTE program with 11 different career pathways. There are 37 certifications that students can gain to compete in an ever-changing workforce and lead successful careers. Students from Littlestown School District in Adams County, Spring Grove School District in York County and MHS (Dauphin County) participated in the tournament. It gave students an opportunity to demonstrate their skills learned in law and government classes and to act as lawyers and witnesses in simulated civil trials before panels of juries made up of area attorneys and paralegals, as well as Widener Law School students. The mock trial team competition is an engaging activity that motivates and prepares students for college and career success, said, Robert Kemmery, director of MHS Career/ Technical Education program. The tournament was created to give central Pennsylvania high schools the opportunity to practice under competition-like conditions prior to the annual Pennsylvania Bar Association s Young Lawyers Division Mock Trial Competition in late March. In seven years, I have never heard a student say that he or she regrets participating in mock trial or that it didn t help them to develop their speaking skills. Regardless of what career these young men and women go into, this opportunity to speak in front of their peers as well as adults in the legal community is one that will help to boost their confidence and show them what they are capable of when they step outside of their comfort zone, MHS Law, Public Safety and Security teacher Dave Curry said. For many students like Leila, a career in the field of law is a future goal. My dream is to be a defense attorney. That is why I am so appreciative of our mock trial program. It is the most perfect way to prepare and surpass the competition I will encounter while furthering my education, Leila said. MHS students in the Law, Public Safety, and Security program have the chance to attain three industryrecognized certifications including, incident command from the Federal Emergency Management Association, community emergency response team certification from the Pennsylvania Emergency Management Association, or the management of aggressive behavior certification known as MOAB. MOAB teaches students how to communicate effectively and de-escalate potentially threatening situations. There are also opportunities for job shadowing, cooperative education and internships. Every student in the last two graduating MHS classes earned at least one industry-recognized certification in his or her field of study. The strong focus on career preparation gives MHS students an advantage when they graduate because they are prepared to enter the workforce and postsecondary education. 14

15 Bedford High School Mock Trial Team: First-Year Success By Bill Higgins Jr. Bedford County District Attorney Bill Higgins Jr. (left) is shown with the Bedford High School Mock Trial team. In my role as Bedford County district attorney, far too often, I share stories about young people in our community who have found themselves on the wrong side of the law. Today, however, I am proud to share a story about seven students at Bedford High School who have brought great pride to Bedford County. Let me begin with a little background. The Pennsylvania Bar Association sponsors an annual High School Mock Trial Competition throughout the commonwealth. More than 300 Pennsylvania high schools participate annually in the competition, in which student teams are given the opportunity to argue both sides of a fictional case in an actual courtroom before a real judge. The students, who play the roles of lawyers, witnesses, plaintiffs and defendants, are assisted by teachercoaches and lawyer-advisers in preparing for competition. Lawyers and community leaders serve as jurors and then determine the winners in each trial based on the teams abilities to prepare their cases, present arguments and follow court rules. On a personal level, I have been continuously involved in high school Mock Trial since competing in high school myself. I ve served the program in almost every capacity: judge, juror, coach and coordinator at every level, including statewide chairman from In fact, I served as an attorney-adviser to Central High School in Martinsburg (Blair County) when the team finished 10th in the nation in Despite my enthusiasm and interest in the program, my biggest regret has always been that we have never had a team compete from a Bedford County high school. That is, until this year. At the beginning of the school year, I was introduced to Brad Lantz, a history teacher at Bedford High School. I mentioned to Lantz that I had an interest in serving as an attorney-coach for a mock trial team at Bedford, but I needed a teachercoach to make this happen. He accepted my proposal, and along with Assistant District Attorney Ashlan Clark, we took on the task. We scheduled our first meeting in December, and we were pleased to have 30 students in attendance. The students were told that we would practice every day for approximately two hours to gear up for a competition in February. The next day, we had less than a dozen students ready to make that commitment. As time passed, the reality of daily practices set in, our numbers dwindled to the point that, by mid-january, we had only four students on the team: Macy Sheeder, Paul Enderle, Peyton Millea and Jarrod Clapper. As the competition requires at least six students to compete, and our first trial was just three weeks away, we were in panic mode. Using social media, I reached out to friends looking for students who might want to join the team. Within a week, we welcomed three additional students: Olivia Foster, Alison Caddy and Henry Vachon. With the benefit of a few cancellations due to weather, we were finally ready to put our efforts to the test. On Tuesday, Feb. 25, we faced a very well-prepared and experienced Altoona High School team, and, although we were defeated, we held our own and surprised many in attendance. Our next trial was held on Friday, Feb. 28, against Tyrone High School, and this time, we were victorious. While it may be difficult to convey the significance of this feat for those unfamiliar with the competition, let me say this: First-year teams generally do not win. While our competition season is over (it is a single elimination format), these seven kids can hold their heads high knowing that they put the time and effort into a worthy endeavor, and they were successful. I am not sure if any of these kids have aspirations to practice law as a career, but I do know that they will be successful in whatever they do. It is refreshing as district attorney, and as a parent, to spend time with the kids in our community who will be making a positive impact on the future of Bedford County. In fact, Continued on Page 16 15

16 Scammers Preying on Pa. Law Firms By Rebecca Sallen Berdugo Would you believe that an exiled prince or former finance minister is ing you? Of course not! How about an through your law firm s website asking if you could help in a breach of contract? It sounds more reasonable. That is what happened to me and is becoming very common for Pennsylvania attorneys. Akiyori, my new client, ed me stating that he was an overseas manufacturer who sent office equipment to a Philadelphia-based business but only received partial payment. Now Akiyori wanted an attorney to help him in this breach of contract. He said that he found me online. Immediately, something felt a little wrong. So, I started to do research on this man. Everything was checking out. Both companies exist; they have websites, Facebook accounts and even show up as an entity on Google Earth. My client sent me a signed purchase order that looked legitimate. I thought I did my due diligence and sent Akiyori my retainer agreement which he readily signed. Then I received an from the defendant stating that he didn t want to go to court and would agree to a payment schedule of $400,000 now and $400,000 in a couple of months. The defendant called my office begging not to take him to court and that he would send a cashier s check that day. I called my bank, which insisted that the cashier s check was as good as cash and that there was no way to worry. My client was so happy that this matter was resolved so quickly that he told me to wire him the money and take my fees for my service even though no real work was done. I have practiced long enough to know that these types of matters are not resolved so quickly, and clients do not like to part with their money. At that moment I realized that this was a scam. I contacted Fraud Aid, a fraud victim advocacy nonprofit organization, to tell my story. I sent the organization all of my information. Hopefully, it will help the group build cases and bring these scammers to justice. According to U.S. Postal Inspector Louis Di Rienzo, law firms have lost at least $70 million since 2009 through this type of scam. Unfortunately, law firms are now becoming the target of scammers who are taking advantage of attorneys willingness to take on new clients through the Internet. Scammers are creating scenarios that would lead a law firm to deposit the very legitimate-looking cashier s check into their company s trust account and then wire the funds to an overseas bank, before the firm could realize that the check is a fake or stop the wire transfer. Law firms should use caution when dealing with clients who reside overseas. If you have been a victim of an Internet scam or have received an that you believe to be an attempted scam, you can file a complaint at Rebecca Sallen Berdugo runs a solo practice in Merion Station that concentrates on estate planning and administration. She believes that the most important asset we have is our family. Having a proper estate plan in place can ensure family harmony and preserve your legacy. Berdugo graduated magna cum laude from Emory University and attended Saint Louis University School of Law. Bedford High School Mock Trial Team: First-Year Success Continued from Page 15 we have far more good kids than bad, but, unfortunately, the bad ones often seem to get the most attention. I could not be more proud of these mock-trial students who, with the exception of graduating senior Alison Caddy, will all be returning to the team next year. We are looking forward to 2015 with confidence, pride and enthusiasm. For more information about the Pennsylvania Mock Trial Program, 16 visit the Pennsylvania Bar Association website at Bedford County District Attorney Bill Higgins Jr. is a past PBA YLD chair.

17 Summary and Impact of Bowling v. Office of Open Records By Kenneth R. Stark In Bowling v. Office of Open Records, the Pennsylvania Supreme Court granted an appeal from the Commonwealth Court to determine the standard 1 and scope 2 of review that applies when an appellate court reviews a final determination of the Office of Open Records in a Rightto-Know Law (RTKL) appeal. No. 20 MAP 2011, 2013 Pa. LEXIS 1800 (Pa. Aug. 20, 2013). A. Background on the Right-to-Know Law The RTKL provides access to public records in Pennsylvania. 65 P.S In replacing the Right-to-Know Act (RTKA) with the RTKL in 2008, the General Assembly created the Office of Open Records (OOR) to assist in the implementation and enforcement of RTKL, issue advisory opinions to requesters and agencies, provide RTKL training courses and informally mediate RTKL disputes. The RTKL provides public access to an agency record. Under the RTKL, a state government agency record is presumed to be a public record unless the record falls within a specifically enumerated exception. 65 P.S (a), (a), (b). When an agency 3 denies access to requested records, the requester may file an appeal with OOR within 15 days. 65 P.S (a). OOR s appeals officer must make a decision within 30 days of receipt of the requester s appeal. 65 P.S (b). An appeals officer may hold a hearing, but is not required. Id.; An OOR decision may be appealed to the Commonwealth Court when the matter arises from a determination by a commonwealth agency or to the relevant Court of Common Pleas when the matter arises from a determination by a local agency. 65 P.S B. The Pennsylvania Supreme Court Decision in Bowling v. Office of Open Records 1. Procedural History of the Case In Bowling, an employee (the requester) of the Pittsburgh Tribune- Review requested access to records from the Pennsylvania Emergency Management Agency (PEMA). Id. at *12. PEMA provided partial access to the records, redacting some information pursuant to the exemptions pertaining to public safety in 65 P.S (b). The requester appealed to OOR. Without holding a hearing, the OOR appeals officer determined the redaction was proper. The requester appealed to the Commonwealth Court, arguing for a de novo standard of review instead of the deferential standard of review. 4 The Commonwealth Court concluded that it must conduct a de novo 5 standard of review via an independent review of the OOR s orders, allowing the court to substitute its findings of fact for OOR s findings. Id. at * As to scope of review, the Commonwealth Court determined it could consider information and evidence beyond the record below through a hearing or remand to ensure a record sufficient for judicial review exists. Id. at * The Supreme Court s Majority Opinion Emphasizing the RTKL s ambiguities and statutory lapses, Justice Seamus McCaffery in the majority opinion conducted a statutory analysis of the RTKL. Id. at *37. Since the RTKL provides little discretion as to whether a document may be released to a requester (either a document falls under a specific exemption or it must be released), the court reasoned 17 that the RTKL does not provide discretion to OOR determinations concerning access to records. Id. at *39. The Supreme Court noted that findings of fact under the RTKL are only made in connection with Chapter 13 courts 6 like the Commonwealth Court and not in connection with appeals officers, see 65 P.S (a), (a), implicitly indicating that the Commonwealth Court would be the statutory fact-finder. Id. at *45. The Supreme Court analyzed other sections of the RTKL to conclude that the General Assembly most likely intended the Commonwealth Court to be the statutory fact-finder in RTKL appeals. Id. at * The court also observed that due process protections (notice and a hearing) were not guaranteed under the process leading to an OOR appeals officer s determination. Id. at * Therefore, a reviewing court cannot defer to the factual findings of an agency determination when the agency is not required to hold a hearing, take evidence, find facts or even issue a written decision. Id. at * Thus, the Supreme Court held that under the RTKL statutory scheme the Commonwealth Court is the ultimate fact-finder and should conduct de novo reviews of appeals of OOR determinations. Next, the court investigated the proper scope of review of an OOR determination. Id. at * OOR argued that the scope of review was limited to and by Section 1303(b) of the RTKL, which provides that the record before a court shall consist of the request, the agency s response, the appeal filed, the hearing transcript, if any, and the final written determination of the appeals officer. Id. at *60-61; 65 P.S (b). In referencing case law, the Supreme Court concluded that the scope of review depend[s] upon the nature of the task given the reviewing court Continued on Page 18

18 Summary and Impact of Bowling v. Office of Open Records Continued from Page 17 and the standard of review. Id. at *64. Furthermore, since the General Assembly did not specifically describe Section 1303(b) as creating a scope of review, the Supreme Court held that the Commonwealth Court has the authority to expand its record as necessary under a plenary or broad scope of review. Id. at *67. In a 4-2 decision, the Supreme Court affirmed the Commonwealth Court decision. 3. The Concurring and Dissenting Opinions In a concurring opinion, Justice Thomas G. Saylor argued for more deference to OOR determinations than the majority, but agreed with the majority s holding. Bowling at * In a dissenting opinion, Chief Justice Ronald D. Castille stressed that reviewing courts should defer to the OOR s role as initial fact-finder, but may remand if necessary for additional findings of fact. Bowling, at *71. In criticizing RTKL s deficiencies (i.e., the lack of a clear standard and scope of review) for generating ample litigation, the chief justice called for significant legislative revision to the RTKL. In a separate dissent, Justice Debra McCloskey Todd observed that since the General Assembly intended procedures for accessing public records to be conducted expeditiously and efficiently, the General Assembly must not have intended the Commonwealth Court to conduct a protracted de novo review. Id. at *83. Justice Todd also found that an OOR determination should be reviewed under a more deferential, abuse of discretion standard. 7 Id. at * C. Impact of the Bowling Decision Now, post-bowling, any hearing findings and factual determinations by OOR are more subject to change since the Commonwealth Court can now independently seek more evidence and make new factual determinations on appeal under a de novo standard of review. A party involved in an RTKL appeal should expect and prepare for the more time-consuming and resource-exhausting de novo standard of review before the Commonwealth Court. Attorneys and parties should be mindful of how this de novo standard of review could affect a party s litigation strategy and use of time and resources. In a vigorous dissent, Chief Justice Castille argues that expanding the Commonwealth Court s role will add delays and increase expenses for parties requesting access to public records. In calling for legislative revision to RTKL, the chief justice remarked that RTKL s statutory scheme creates an incomplete or unsatisfactory administrative process that alltoo-often forces unready and factbound merits disputes into the court system. Bowling, at *72. In light of the Supreme Court s pervasive and penetrating criticism of the statutory scheme of the RTKL, more amendments to the RTKL will likely be proposed in the near future. Currently, Senate Bill 444 ( session) proposes amending the RTKL to improve operational efficiencies of OOR and fix various issues that have arisen since passage of the RTKL in While parties and attorneys in a RTKL appeal may have to adjust their litigation strategies and use of resources in the near term, the most significant long-term impact of the Bowling decision may be spearheading legislative revision to the RTKL. 1 Standard of review refers to the manner in which (or how ) the examination is conducted or the degree of scrutiny that must be applied by a higher court when reviewing a lower court decision. Morrison v. Commonwealth of Pa. Dep t of Public Welfare, 646 A.2d 565, 570 (Pa. 1994). 2 Scope of review refers to the confines within which an appellate court must conduct its examination, i.e., what the court is permitted to examine in the case before it. Bowling, at *60 (citing Holt v Legislative Reapportionment Comm n, 38 A.3d 716, (Pa. 2012)). 3 An agency includes a Commonwealth agency, a local agency, a judicial agency or a legislative agency. 65 P.S Under the RTKA, the Commonwealth Court applied its traditional, deferential standard of review to determine whether constitutional rights were violated, an error of law was committed or the findings of fact were supported by substantial evidence. Bowling at *5-7, A de novo review permits a court to determine the case anew, including matters pertaining to testimony and other evidence. Bowling at fn Chapter 13 courts is the term used by the court in reference to the chapter in the RTKL that discusses judicial review of RTKL determinations by the Commonwealth Court and courts of common pleas. See Bowling, at * Under an abuse of discretion standard, a decision will be overturned due to a showing of manifest unreasonableness, partiality, prejudice, bias or ill-will that indicates the judgment was clearly erroneous. Bowling, at *85 (citing Paden v. Baker Concrete Constr. Inc., 658 A.2d 341, 343 (Pa. 1995)). 8 See Office of Open Records, Proposed Amendment to RTKL, available at pa.us/portal/server.pt/community/ open_records/4434/right-to-know_ law/ Kenneth R. Stark is an assistant counsel with the law bureau at the Pennsylvania Public Utility Commission where he works on energy, water and transportation issues. His appellate litigation experience involves defending commission orders on appeal in state and federal court. He also works on rulemakings and commission orders. A graduate of Furman University and the Pennsylvania State Dickinson School of Law, Stark is licensed to practice law in Pennsylvania and New Jersey.

19 Professional Liability and Young Lawyers By Charlie E. Bernier Graduate. Pass the bar. Find a job. Get the billing hours. These are the first thoughts when an attorney is entering his or her career. The thought of professional liability insurance or preventative tools to avoid claims never enters our minds despite the fact that we all took classes in professional responsibility, have passed the MPRE and are required to complete continuing legal education ethics credits every year. When I began practicing I could not have told you what kind of professional liability coverage my firm had or even who in the firm was in charge of obtaining such coverage. I would contend that most experienced associates or non-managing partners could not tell you much information about the professional liability policy currently at their firm. The process of interviewing at firms and being invited to work at one requires a new attorney to have an edge. Getting in a firm means long hours, detail-oriented research and learning procedural law on the fly. Every new lawyer is going through these growing pains; however, if you want to distinguish yourself from your peers, you need an edge once you are hired as well. One way to differentiate yourself from the other younger associates and protect the firm at the same time is to show interest in your firm s professional liability policy and, more importantly, help improve it. I cannot think of a better way to get an audience with the managing partners of the firm and show them that you are committed to helping the practice that they built. Prior to discussing claim prevention and professional liability policy coverage with the managing partners at the firm, you must first understand why this is truly important. A fundamental understanding of lawyers professional liability can be broken down to: how the size and type of practice affects coverage; the current climate of professional liability claims and the type of claims and how to prevent them. This article will educate you on preventing claims and having proper coverage, as well as give you a basis to discuss these topics with the managing partners. It will also make you aware of possible claim situations and how to avoid them in daily practice. Practice Type and the Current Economic Climate 19 During an economic downturn the claims made against lawyers are more frequent and severe. Poor economic times, as we are in now, cause transactions and business deals to fall through. The unhappy parties, with little recourse, look to the lawyers for alleged negligence or impropriety. Although bankruptcy and transactional attorneys have more work during times of economic struggle, the claims against these practices increase. Real estate syndication and development attorneys also find themselves receiving more claims from unsatisfied clients during this time. Not only does economic crisis bring more claims from clients, it also brings heightened public and government scrutiny of attorneys involved in SEC practice. Lawyers who work on IPO placements, mutual fund trading and abusive tax shelters find that lawsuits against them are increasing. If your firm is engaged in any of the above practices it could be more of a struggle to find comprehensive coverage at the right price. Rest assured there is coverage out there for the firm, but the managing partners should be aware of what lies ahead. The size of the firm or the size of the transactions in the firm will also come into play when assessing the severity and frequency of possible claims. Firms dealing with smaller transactions tend to have a large volume of less intricate work. These types of firms may specialize in divorce, workers compensation, small real estate or business transactions. The type of claims these firms will see are routine administrative errors where liability is easily established, but the value of the claim is not high. Typically, smaller firms see a higher number of claims, but the claims are less arduous than a claim against a larger firm. Larger firms can charge higher fees due to the complexity of legal services in high value cases. These firms typically find themselves working on million- and billion-dollar transactions, where any slight error can cost the firm a huge liability claim. However, administrative errors are rare due to the substantial resources and support staff members that assure statute of limitations are always met. Due to fewer administrative errors, the frequency of claims is far fewer than at smaller firms. The complex legal services, though, expose the larger firm to greater actual or potential damages when the claims come in, and liability is established. Common Malpractice Claims and How to Prevent them from Happening There is no exact statistical information for determining the most common malpractice claims in the United States. However, malpractice claims fit into five major categories: tangible errors, clerical errors, intentional wrongs, attorney-client relationship errors and conflicts of interest. One of the most common tangible errors is failure to know or apply substantive law. This occurs when there is a lack of sufficient or current knowledge of relevant law by the lawyer on the matter. Lawyers need to avoid dabbling in cases that are outside of their usual practice and stay up to date on the constant flow of legislative regulations and case law. Another frequent tangible error is inadequate investigation or dis- Continued on Page 20

20 Professional Liability and Young Lawyers Continued from Page 19 covery of the facts. This error can be avoided by asking the right questions and digging deeper to know what the client really wants. This gives the lawyer the ability to highlight what issues and concerns need to be covered in order to give proper representation to the client. Most tangible errors can be avoided by paying attention to details of the law and details of the client s specific situation. Clerical errors are administrative and delegation errors, lost file or document errors, failure to calendar, procrastination in reacting to calendar or failure to file documents. Avoiding these errors can be done by reviewing and delegating work properly. Time management skills and proper calendaring prevents clerical errors from happening. Never procrastinate with a file that is sitting on your desk, and if you begin to do so, figure out why. If you are uncomfortable with the point of law, do the proper research, or ask another attorney for help. If the client or opposing counsel is not someone you can deal with, refer the case out to another attorney. The predominate intentional wrong in practice is fraudulent acts by the lawyer. The current economic climate causes frauds by firms, lawyers and staff to increase. People are struggling to deal with financial issues, and this causes them to go astray. Firms can implement controls to ensure that funds in the firm s trust accounts are handled properly. Also, all transactions involving clients monies need to be properly documented. Most lawyers professional liability claims stem from lawyer-client communication problems. The claims allege that the attorney failed to follow the client s instructions or the attorney failed to obtain the clients consent or inform the client. Improving client relations begins with controlling client expectations from the start of the matter. Active communication concerning timing of the steps on a matter, fees and disbursement help manage expectations. A paper trail that carefully documents instructions and advice confirms that work was done on a matter each step along the way. Putting into action practice management software will help confirm that the client is aware of his or her case structure from start to finish. A step above communication problems are conflicts of interest ( COI ). COIs come up when 1) a conflict occurs between multiple current or past clients represented by the same lawyer or firm or 2) a lawyer has personal interest in the matter. In order to avoid these COIs, an electronic conflict check system needs to be put in place. More importantly a firm cannot choose to overlook COIs that are brought to light. A decision to work on a conflict case, either to please the client or generate fees, will lead to complex and costly malpractice claims. Putting Professional Liability Knowledge to Work for You Armed with a basic knowledge of the kind of professional liability claims you can expect at your firm and ways to prevent these claims, you can begin a professional liability discussion with a managing partner. In order to characterize yourself as an associate who cares about the firm s long-term health, professional liability is a great topic to bring up. An associate that can bring in the proper coverage for a firm and get it at a great price from a broker will stay in the mind of managing partners, which leads to career advancements. Even more importantly, though, it will push you to stay on top of your professional responsibility as a lawyer in Pennsylvania. Charlie Bernier is an attorney and principle professional liability consultant at ECBM Insurance Brokers and Consultants in Conshohocken. Bernier practiced insurance defense law at the firm of Rawle and Henderson in Philadelphia before setting his sights on lawyers professional liability. He specializes in becoming an extension of the law firm to help the firm review the lawyers professional liability insurance policy from an attorney s perspective and find the firm the correct coverage and price to fit its size and practice area. To contact Bernier, him at cebernier@ecbm. com or call him at Lawyers Concerned for Lawyers Confidential assistance to lawyers, judges and their families for problems with alcohol, other drugs, gambling, stress, anxiety, depression, etc. LCL Confidential Lawyers Helpline

21 How to Consider Move to Nonprofit Job Question: As a young attorney with a large law firm, despite the remuneration and prestige, I cannot see myself toiling away at my desk or in court for the next 25 years. I have paid down much of my student loans and have always thought about using my legal background with a nonprofit. If I didn t have student loans, I would have gone in that direction at law school graduation. Do you have any thoughts or ideas about how to refocus this goal, now that I have just turned 35? Career Corner I have counseled and guided a number of lawyers in your situation over the last 20 years. Many just hang in there and suffer, not receiving the internal gratification needed to be happy in their practice. Depending on your values and priorities, working for a notfor-profit, whether it is a public service group, arts and culture, educational or religious, can be enticing in a different manner than in a David E. Behrend large firm. At present you are probably billing more than 2,000 hours a year and compensated very well indeed. Are you able, both financially and psychologically, to move on and downshift to a position and work environment that may be in line with what you entered law school for in the first place? Many lawyers are not able or willing to make some of the sacrifices of leaving a firm and its benefits. Those who do find it provides a daily life that permits them to pursue activities and pleasures outside the rigorous practice at the firm. Quite a few lawyers have told me they wanted more time for their family, friends, avocations, arts and culture and athletics, which tends to be put on the back burner due to work. Working for a not-for-profit and its mission can be rewarding indeed. After graduating from a New England boarding school, I was asked in my late-twenties to join its board of trustees. I found it fulfilling and served for almost three decades, getting to know the internal culture of the school beyond my days as a student. Like all nonprofit institutions, organizations and associations, dealing with the budget, fundraising and development, staff development and alumni relations, while meeting many students, provided me a great deal of satisfaction. One way to see whether you would be a good fit working for a not-for-profit might be getting a seat on the board and understanding what actually occurs, providing insight into its goals and the direction it is headed. Are you the type who believes very much in what the nonprofit provides and feels strongly you can be a guiding light in a senior position in time? Some nonprofits can afford to run smoothly over time, ie., foundations; while others need a team at the top that may require thinking outside the box and be a catalyst for change and direction. I am familiar with a number of lawyers who have joined a board, enthusiastically learned a lot and at some point in their lives have decided to turn their legal skills and interests into an internal position on a full-time basis. It would not shock you to know a sizable number of boards have a lawyer in a senior position on staff, not always as of counsel, but utilizing the totality of his or her skills and know-how to enhance what the organization is trying to accomplish. On my desk for more than two decades is a framed message for lawyers like yourself titled, Read this At Your Own Risk. In part, it reads, We are about to urge you to take more chances in your life... not an easy thing for most people. Risks can be tricky not only hard to take but also hard to define. So, to be sure you are really stretching yourself, try this simple test. Add the word what to any risk you are considering. What are you risking? Anything real? Anything valued? Something you might mind losing? If you do not care very much about what you might lose, you are not really taking a risk. Chances are, win or lose, you ll probably end up status quo. This is not necessarily bad, but not the way to grow and earn some of the special rewards that can be enjoyed by thoughtful risk takers. Think for a moment about a colleague or two you know who left the firm and went to start his or her own practice, maybe with a client or two in hand, but still a significant risk. Depending on your own personal circumstances, making the move may be a realistic option and provide you with a different outlook on life itself. I am counseling a lawyer now in his 50s who was in the general counsel office of a Fortune Continued on Page 23 21

22 A New Model for the Model Rules? By Maxwell Briskman Stanfield 22 When attorneys hear the words Model Rules, a mix of responses are triggered. Some of us will be reminded of our ethics or professional responsibility classes in law school and struggling to remember the Model Rules for MPRE exam. Others may simply feel a sense of comfort and stability in the fact that a system of rules exists to (hopefully) keep attorneys in check. Almost every licensed profession has a set of ethical rules that guide their members. For example, physicians have the American Medical Association Code of Ethics. 1 Ethical rules, or the Model Rules in our case, are essentially a living document. While the concept of a living document is typically applied to the Constitution in opposition to the notion of strict constructionism, it can easily be applied to the Model Rules. In a way, the Model Rules must be a living document. Otherwise, attorneys would be forever entrenched within an outdated system of directives that do not reflect the actualities of modern practice. Although some may not agree with the need to continuously review and revise the Model Rules as necessary, in light of the fallout of the Great Recession and declining legal job market, the fact that the Rules now require a serious overhaul has become readily apparent. 2 Given the current state of economic affairs and the legal job market, more and more law school graduates and licensed attorneys are seeking employment where a bar license and law degree are not requirements. Having a J.D. can certainly help in finding non-lawyer employment in the corporate realm, the financial sector and the advertising world. However, the argument has been raised that lawyers who are working in a corporation, but not technically practicing law, should not be held to the same ethical standards as those in traditional lawyer roles. Stated differently, with the job market and economy the way they are, the Model Rules should recognize the status of lawyers being employed as non-lawyers and should be amended or adapted accordingly to better allow those in hybrid roles to function without wondering whether they will be subject to sanctions for malfeasance by the applicable attorney licensing board. One of the proponents for amending the Model Rules to accommodate lawyers working in these hybrid roles is University of North Carolina law professor Dana Remus, whose upcoming Duke Law Journal article titled Remus on Out of Practice: The Twenty-First Century Legal Profession, states, In this broadened and blurred boundary zone legal training and licensure are valuable but professional ethical obligations are unclear. 3 In the draft article, Remus goes on to provide examples of situations where lawyers are employed in quasi-legal roles, i.e. a compliance officer who is not acting as a lawyer, but is licensed as a lawyer. Remus explains that this individual would neither be required to report corporate wrongdoing up the chain of command, nor advise any corporate employees to get their own attorney. Although Remus article has already been commented on and criticized by people on both sides of the ethical argument, the article does raise an important point: The practice of law and the legal job market are changing, and some think that the Model Rules should change to keep pace. Some individuals who commented on the Remus article staunchly believe that when a person becomes a licensed attorney, that person is required to follow the standard ethical rules for attorneys, regardless of how that attorney is actually employed. Other commenters advocated for understanding and support for a change in the Model Rules that would allow those attorneys who are employed in quasi-legal roles to have some specific guidelines to follow. 4 Remus concludes that there should be new and improved guidelines to follow, which would include a set of rules covering transitions into quasi-legal roles, and rules creating conduct floors for all licensed attorneys, regardless of whether they are actually practicing as lawyers. This seems to make sense. Some may think, You brought this on yourself. If you don t want to be bound by the ethical obligations and you re not going to practice law, why sit for the bar exam in the first place? This position might have held more weight a decade ago, when the job market was steady and law school showed its students the most readily available employment options well before graduation and bar exam time. However, in recent years, the availability of open attorney positions has sharply declined, promised job offers have been rescinded and attorneys have been laid off by the thousands. Because of this, for reasons beyond our control, many of us who took the bar exam with the hope of actually practicing law have been forced into one of these new quasi-legal positions. According to Renee Newman Knake, who co-founded and codirects Michigan State University s ReInvent Law Laboratory, 5 another reason the Model Rules must be changed is that, in their current state, the Rules are hampering access to justice and legal services. Knake, who is a professional responsibility teacher and established the ReInvent Law Laboratory to help rethink the way legal services are delivered, sees a major roadblock posed by the Model Rules. Specifically, Knake questions the constitutionality of Rule 5.4 of the American Bar Association ( ABA ) Model Rules of Professional Conduct. Rule 5.4 bans non-lawyer investment and ownership in law firms and serves as an ethics rule for most U.S. state bars. 6 In the fall of 2011, the United Kingdom implemented the Legal Services Act. This act liberalized the Continued on Page 23

23 A New Model for the Model Rules? Continued from Page 22 market for legal services in England and Wales. 7 It allowed more relaxed restrictions on who could own and invest in a law firm or company that gives legal advice and essentially allowed banks and supermarkets to sell legal advice. Such a concept would be a hard sell in the current United States, but scholars such as Knake point to the act as demonstrating innovation and creative thinking in an ever-changing world. There is an interesting statistic, shared by both the U.S. Department of Labor and the John D. and Catherine T. MacArthur Foundation, that challenges the ways traditional American schools prepare students, which is that 65 percent of today s elementary school children may end up in jobs that haven t been invented yet. 8 Knake believes (as I hope most readers will as well) that [w]e in the legal profession would be very foolish to think that doesn t apply to us in the here and now. 9 While changes to the Model Rules and ethical standards seem to be slow-moving, I believe we are on the right track. Technology is no doubt playing a part in the new legal model and job market. Recently, the ABA approved a resolution that requires attorneys to keep pace with relevant technology. 10 Here in Pennsylvania, we have amended our own Rules of Professional Conduct for attorneys to adopt this same requirement. 11 The Pennsylvania rule amendments also address outsourcing, technology and lawyer advertising and permit attorneys to disclose confidential information to aid in detecting conflicts of interest when moving from one firm to another. Although this is neither a drastic change (such as allowing non-lawyers to invest in a legal practice or distribute legal services), nor a change that helps ease the concerns of those lawyers in quasi-legal roles, nonetheless, it is a change which is relevant to our current technological world and evolving legal profession. Relevant change of the Model Rules does happen, albeit at a slower pace than some would like. Then again, there are those that think the Rules are fine just the way they are. 1 pub/physician-resources/medicalethics/code-medical-ethics.page 2 com/news/article/do_jd-advantaged_jobs_require_new_ethics_ model/?utm_source=maestro&utm_ medium= &utm_ campaign=weekly_ See Comments below article. com/news/article/do_jd-advantaged_jobs_require_new_ethics_ model/?utm_source=maestro&utm_ medium= &utm_ campaign=weekly_ 5 html 6 groups/professional_responsibility/ publications/model_rules_of_professional_conduct/rule_5_4_professional_independence_of_a_lawyer.html com/2013/03/28/new-changes-tomodel-rules-a-wake-up-call-for-tech 11 opinions/supreme/out/120drd-attach.pdf?cb=1 Maxwell Briskman Stanfield is a Pittsburgh native who earned his bachelor of arts degree in political science and Spanish from Washington & Jefferson College in 2008 and his juris doctor from Southwestern Law School in Los Angeles, Calif., in While at Southwestern his focus was on transactional entertainment, media and technology law, as well as corporate law, and he served as a senior staff writer and copy editor for the school newspaper, The Commentator. He is an associate with the Pittsburgh office of Eckert Seamans Cherin & Mellott LLC in the corporate and business practice areas. He is licensed to practice in both California and Pennsylvania. How to Consider Move to Nonprofit Job Continued from Page company and at some point decided he did not want to continue to fight the battles in and for corporate America. He is about to secure a position as executive director and president of a not-for-profit. Because he served on boards in the corporate and nonprofit world, I expect him to utilize his legal and business skills and personal interests in this exciting position. It can be done, if you want it enough. Are you at that point now? David E. Behrend is director of Career Planning Services For Lawyers. He was been providing career consultations nationally for lawyers going through either career transitions or employment changes. He can be reached at 23

24 Your First Assignment: Negotiate Your Employment Contract By Courtney Mickman Both at-will employment and term-contracted employment have benefits mutual to employer and employee. The freedom to be able to give two weeks notice, resign and move on to a new employer is particularly important to some people. However, having the security of an employment contract can also have its benefits. Most lawyers spend hours per week working, and no one wants to feel like he is trapped at his job. After all, some employment contracts include a liquidated damages clause. Even if a liquidated damages provision is a non-issue, employees want assurance that they will be able to move on to a new job with the ability to obtain a positive reference for a future job, or even for a state bar application, which can be difficult if you resign before the contract term expires (think character and work ethic). An employment contract is as an opportunity for job security, particularly in a mediocre attorney job market; it should not be something you felt pressured into signing under the duress of a depressed job-market. Basic Pennsylvania Employment Contract Law In Pennsylvania, there is no common law cause of action against an employer for termination of an at-will employment relationship. 1 Pennsylvania courts have repeatedly held that an employer may terminate an employee for any reason, unless restrained by contract, 2 or if the employer s termination of the employee would violate a clear mandate of public policy. 3 Further, Pennsylvania courts have defined that any reason for termination of at-will employment includes a good reason, bad reason, or no reason at all, 4 though the reason may not be an illegal reason, such as unlawful discrimination, which is an example of a violation of public policy. In assessing whether or not a contract exists, the Pennsylvania courts have clarified that [i]n the absence of an agreement for a fixed period of time, an employee is hired at-will. 5 Salary computed per a specific time period, such as annually, does not evidence an intent that the contract is for that period. 6 Accordingly, an express agreement must include a fixed period of time for employment. For an implied contract to exist, both the employer and employee must intend that a contract exist, thereby changing the relationship from atwill employment into a contractual arrangement. 7 It is important to note that employment at-will is not always applicable where the employer is a government agency. 8 Under the Pennsylvania Local Agency Law, a local agency s adjudication shall only be valid where the employee has been afforded reasonable notice and an opportunity to be heard. 9 An adjudication is defined as, [a]ny final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties to the proceedings in which the adjudication is made. 10 Accordingly, under the Local Agency Law, a local agency employee only has the right to be heard where termination affects a personal or property right, which can be demonstrated by establish[ing] a legitimate expectation of continued employment through either contract or statute. 11 Negotiation Tips Regardless of whether your goal is to exempt yourself from atwill employment or whether you are trying to revise an employer s 24 mandatory contract so that you are willing to accept employment, these simple negotiation tips will be helpful to any beginner that is assessing and negotiating an employment contract. 1. Make sure a term is specified: To be exempt for at-will employment, the contract must specify a term of employment. If the employer wants a shorter or longer term, try compromising by meeting in the middle. 2. Enumerate the details: By enumerating specific causes for termination, you will expressly limit the employer s ability to terminate you. By enumerating yearly salary increases, you will have less to negotiate down the line. 3. Be flexible: Some employment contracts have several pages of terms to consider. You should not counteroffer on every term. Remember, after the negotiations are done, you will likely be working alongside the same individuals that negotiated your contract. Try to be a team player. In assessing yearly income, do not just focus on the base salary, but consider: the terms for qualifying for, and frequency of, bonuses; the total cost you and your employer will pay toward your health insurance premium; employer contributions to a 401(k) plan; whether short-term and/or long-term disability plans are provided; and the number of paid leave days that you will receive. These additional benefits may add up to the yearly income that you were hoping to obtain. If you are working for an employer that maintains multiple office locations and the offered contract requires travel, carefully consider whether you are willing to Continued on Page 25

25 Your First Assignment: Negotiate Your Employment Contract Continued from Page 24 travel before agreeing. If you are OK with traveling as long as you have notice, think about countering with a clause that you receive notice of a reasonable number of days (state the specific number of days, and do not include the vague term of reasonable ). If you absolutely cannot or do not want to travel, see tip No Do not be too flexible: Make sure that you have a short list of terms that you are unwilling to negotiate. Realistically, you are not going to be successful in having all of your proposed terms accepted, but you should have a couple of nonnegotiable terms that you get locked into your contract. If the contract requires you to work standard office hours, and you know that every Monday morning it is your turn to run the carpool, which would get you to work an hour after office hours begin, counteroffer with a requirement that you are allowed to adjust your work hours one day per week. Similarly, if you have a need for working remotely, propose a clause allowing you to do so one day per week, or as needed when you provide a certain number of days notice. If you stand your ground on your non-negotiable terms, your prospective employer will respect you for advocating for your needs. 5. Read every line before you sign! Just as with any type of contract, you need to be sure that you do not unintentionally sign away certain rights. The only way to ensure that you do not expressly give up any particular right is to thoroughly read the entire contract before you sign. Frequently, employers will add in a sentence stating that you will devote your entire work effort to your employer, which can prevent you from working a side job for another employer. If you are practicing law and you find a non-compete clause in your prospective employer s offered employment contract, the clause will likely be unenforceable due to the Pennsylvania Rules of Professional Conduct. 12 However, if you get the clause removed before you sign, then you can prevent a future headache in disputing this provision. Make sure that you are clear on how the contract can be enforced. Most likely, the contract will specify which state s laws apply to enforcement, what forum will enforce the contract and whether arbitration is mandatory. Maintaining a positive outlook on an employment contract is key. Remember, an employment contract is an opportunity for job security. Be conscious of your ability and power to negotiate so that you feel secure in your contract instead of feeling constrained. Plus, negotiating your employment contract will also provide you with the added bonus of sharpening your negotiation skills as an entry-level lawyer! 1 Geary v. United States Steel Corp., 456 Pa. 171 (1974). 2 McLaughlin v. Gastro Specialists, Inc., 750 A.2d 283 (2000); Henry v. Pittsburgh & Lake Erie Railroad Co., 139 Pa. 289 (1891). 3 McLaughlin v. Gastro Specialists, Inc., 750 A.2d 283 (2000); Geary v. U.S. Steel Corp., 456 Pa. 171 (1974); Clay v. Advanced Computer Applications, Inc., 522 Pa. 86, 88 (1989). 4 Krajsa v. Keypunch, Inc., 423 Pa. Super. 230, 237 (1993). 5 Holewinski v. Children s Hosp. of Pittsburgh, 437 Pa. Super. 174 (1994) (citing Muscarella v. Milton Shoe Manufacturing Co., 352 Pa.Super. 158, 162 (1986), appeal denied, 514 Pa. 636 (1987) (citing Richardson v. Charles Cole Memorial Hospital, 320 Pa.Super. 106, (1983)); Krajsa v. Keypunch, Inc., 424 Pa.Super. 230, (1993). 6 Booth v. McDonnell Douglas Truck Serv., 401 Pa. Super. 234 (1991) (citing Tishock v. Tohickon Valley Joint School Bd., 181 Pa.Super. 278, (1956)). 7 Holewinski v. Children s Hosp. of Pittsburgh, 437 Pa. Super. 174 (1994). 8 5 U.S.C. 7503(b-c); 5 C.F.R ; 5 U.S.C. 7513(b); 5 C.F.R ; 5 U.S.C. 4303, 7501; 5 C.F.R Short v. Borough of Lawrenceville, 548 Pa. 265 (1997); 2 Pa.C.S Id.; See also 2 Pa.C.S Id; See also Werner v. Zazyczny, 545 Pa. 570 (1996) Pa. Code 81.4(5.6). Courtney Mickman is a labor and employment attorney at Tully Rinckey PLLC in Washington, D.C. While Mickman handles all types of labor and employment issues, she focuses on assisting public sector employees in bringing claims of unlawful discrimination and defending against adverse employment actions, such as proposed suspensions and terminations. To contact Mickman, call , cmickman@fedattorney. com or visit the firm s website at www. tullylegal.com/. For all the information you need about the Pennsylvania Bar Association 25

26 How One Young Lawyer Keeps His Sanity By Matthew Mobilio Attorneys are no strangers to stress. Whether you are like me and live and die by the billable hour or you re a plaintiff s attorney and are only able to eat what you kill, your work life is unlike any other. You face looming deadlines, missing files and angry clients who cannot understand why their very painful sprained ankle does not entitle them to a million-dollar settlement. With these stresses how can you possible live a care-free life? The answer is: You can t. You re a lawyer. Get over it. But there are ways to both minimize stress, maximum productivity and step out of the shadow of lady justice long enough to smell something other than leather-bound books and rich mahogany. Here are some ways that help me deal with the stresses of being an attorney: Get Dirty Personally, I like to work around the house. Landscaping, painting, you name it. There is something very liberating about spending all week in a suit and then on the weekend putting on the oldest and dirtiest jeans and T-shirt you have and just getting your hands dirty. The more disheveled you look, the better this works. (A caveat: If you are covered in paint and top soil and someone asks you what you do for a living, say you re a painter, because no one will believe you re an attorney anyway). Get Sweaty You put your mind through an Olympic event every day when you go to work and review contracts, read opinions and stare at a complaint for an hour trying to decide whether subparagraph (zz) is worthy of a Connor objection. Try getting outside and getting active. Don t just join a gym though. If you aren t a gym person, paying $50 a month isn t going to make you go to the gym, it s going to make you angry that you took my advice when you stop going. Plus, you ll be forced to read a contract when you join, and the point of this article is to keep you away from that sort of thing. Try organizing company sporting events or sign up for charity walks. The more accountability you have, the more likely you are to participate. Get up early I am a morning person, but I understand that many people are not. You can, however, get up earlyer than you do now to squeeze in some me time. Just think what you can do with an extra 30 minutes every morning? Read a book, watch that Modern Family episode you recorded a month ago, do something, anything other than legal work. Believe me, you will come to cherish these 30 minutes every morning (especially if your significant other and children are asleep during this time). Get a job No, seriously. I don t necessarily mean get a job as a cashier at Target. I mean find something else to do in your spare time that is both mentally and financially rewarding that is anything other than practicing law. You can do an ever-growing number of jobs right from your home. Maybe it s some sort of freelance journalism or selling things you ve made on ebay. The feeling you ll get from bringing in even the most modest of income from a source other than practicing law will make you feel like you have more to offer the world than just your legal prowess. In short, there is no secret to dealing with stress. Just try to find something that gets your mind off work, even if it s only for a few minutes, and then try to fit as many of those moments as you can into each day. Matthew Mobilio is an associate and member of the litigation group at Norris McLaughlin & Marcus in Allentown. He concentrates his practice on commercial litigation and medical malpractice defense matters. 26

27 CALLING ALL WRITERS! The YLD At Issue editors are now accepting article submissions. Criteria are as follows: 1. The subject matter should be relevant to Pennsylvania young lawyers. 2. Articles should be no longer than 1,200 words in length. Longer articles may be considered to run as a series. 3. All submissions must include a short author biography at the end of the article and must be accompanied by a digital photo (300 dpi resolution preferred) of the author for publication. 4. Electronic submissions (MS Word) are acceptable and preferred. Please transmit electronic submissions to Jonathan Koltash at jonathan.koltash@gmail.com. 5. Articles are due no later than June 6, What s Going on in our Counties PBA Annual Meeting Continued from Page 13 specialist. This program provided an overview of patents, trademarks and copyrights in terms understandable to the non-ip specialist, along with options a non-ip specialist may have for a client seeking advice in these areas. Included was a brief explanation on the processes requiring federal protection through patents, trademarks, and copyrights, and on how one would know if they need such protection. Lunch with the Judges The Education Committee of the Young Lawyers Division of the ACBA hosted a lunch on March 13, 2014, with federal judges from the Western District of Pennsylvania. This lunch provided members of the YLD with a unique opportunity to meet and chat with the judges in an informal setting on an array of topics ranging from the diverse backgrounds and career paths of the panelists to topics relevant to practice before the court. Panelists included: Chief Judge Joy Flowers Conti, Senior District Judge Maurice B. Cohill Jr., Magistrate Judge Cynthia R. Eddy, District Judge Mark R. Hornak and District Judge Arthur J. Schwab. The event took place in the Jury Assembly Room on the third floor of the U.S. Courthouse. The ACBA YLD is planning for the upcoming Spring Thaw Happy Hour on March 20, Come join the YLD for drinks and appetizers at 5:30 p.m. at La Cucina Flegrea in Market Square (100 Fifth Ave., Suite 204) and enjoy seasonal Italian treats. There will be a $10 assessment for the event. 27 May 14-16, 2014 Hershey, Pa. Hershey Lodge and Convention Center

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