Dauphin County Bar Association · Dauphin County Bar Association ... As you can imagine, the...

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Dauphin County Bar Association March 2012 Newsleer 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 Board of Directors Brett M. Woodburn President Jonathan W. Kunkel President Elect John D. Sheridan Vice President Pamela C. Polacek Secretary James J. McCarthy Jr. Treasurer Elizabeth S. “Liesl” Beckley Past President Kimberly A. Selemba Young Lawyers Chair Jennifer M. Caron YL Vice Chair Directors William L. Adler Harry M. Baturin Queena Baumbach C. Grainger Bowman Robert E. Chernicoff Salvatore A. Darigo, Jr. Jeffrey A. Ernico S. Barton Gephart Kandice J. Giurintano Dianne I. Nichols Pamela L. Purdy J. Michael Sheldon Adam M. Shienvold Gail Guida Souders Michael W. Winfield President’s Message Just One More... A man visiting an old graveyard read the epithet on a tombstone, " Here lies John Smith, and honest man and a lawyer." How about that, the man thought to himself, they have three men buried in one grave! If I get Just One More of those e-mails... The other day I received an email from a fellow lawyer, an attorney I never met but about whom I heard good things. And yet, when I read the email, my blood set to boiling and my instincts as a fighter (after all, what is a litigator if not a fighter) sparked to life and I began my immediate and hasty response! This case had lain dormant for over five years, it was his client's claim to bring, and I contacted him to offer some money to resolve the case. Granted, I was not offering top-dollar but after five years of silence my goal was to start a professional conversation that could very well lead to a resolution. What I got in return was an arrogant and in- sulting response through which this attorney lectured me on his success, the size of his successful client base and his assessment that my legal defenses were "meritless". This colleague, whom I have never met, could not even be bothered to get my name right! As my fingers flew across the keyboard with my hastily written response, one that was filled with indignation and self-righteousness as I explained to him why I was right and he was wrong, I was prepared to mention Just One More thing ... and then I stopped. I took a deep breath. And I deleted my response without hitting send. That exchange is becoming far too indicative of how we, supposed professionals, deal with one another. I Googled lawyer quotes, trying desperately to find a short witticism that reflects what it means to be a lawyer. I was disappointed, though per- haps not surprised, to find a whole host of pithy lawyer quotes that ridiculed the profession of the law. What has become of us? While that e-mail is still galling - not because of the message, but because of the lack of civility and courtesy with which it was delivered - it has caused me to re- flect on my own methods of practicing law. Have I become too consumed with billing hours? Have I become too consumed with 'winning' no matter what the cost? Have I begun to use the livery of 'zealous advocacy' as my justification to destroy and decimate opposing counsel? (Continued on Page 2)

Transcript of Dauphin County Bar Association · Dauphin County Bar Association ... As you can imagine, the...

Page 1: Dauphin County Bar Association · Dauphin County Bar Association ... As you can imagine, the litigation was fierce at times ... Rafferty Room (2nd Floor) of Ceoltas

Dauphin County

Bar Association

March 2012 Newsletter

213 North Front Street

Harrisburg, PA 17101

(717) 232-7536

Board of Directors

Brett M. Woodburn President

Jonathan W. Kunkel

President Elect

John D. Sheridan Vice President

Pamela C. Polacek

Secretary

James J. McCarthy Jr. Treasurer

Elizabeth S. “Liesl” Beckley

Past President

Kimberly A. Selemba Young Lawyers Chair

Jennifer M. Caron

YL Vice Chair

Directors William L. Adler Harry M. Baturin

Queena Baumbach C. Grainger Bowman Robert E. Chernicoff

Salvatore A. Darigo, Jr. Jeffrey A. Ernico

S. Barton Gephart Kandice J. Giurintano

Dianne I. Nichols Pamela L. Purdy

J. Michael Sheldon Adam M. Shienvold Gail Guida Souders Michael W. Winfield

President’s Message

Just One More...

A man visiting an old graveyard read the epithet on a tombstone,

"Here lies John Smith, and honest man and a lawyer." How about

that, the man thought to himself, they have three men buried in one

grave!

If I get Just One More of those e-mails...

The other day I received an email from a fellow lawyer, an attorney I never met but

about whom I heard good things. And yet, when I read the email, my blood set to

boiling and my instincts as a fighter (after all, what is a litigator if not a fighter)

sparked to life and I began my immediate and hasty response! This case had lain

dormant for over five years, it was his client's claim to bring, and I contacted him

to offer some money to resolve the case. Granted, I was not offering top-dollar but

after five years of silence my goal was to start a professional conversation that

could very well lead to a resolution. What I got in return was an arrogant and in-

sulting response through which this attorney lectured me on his success, the size of

his successful client base and his assessment that my legal defenses were

"meritless". This colleague, whom I have never met, could not even be bothered to

get my name right!

As my fingers flew across the keyboard with my hastily written response, one that

was filled with indignation and self-righteousness as I explained to him why I was

right and he was wrong, I was prepared to mention Just One More thing ... and then

I stopped. I took a deep breath. And I deleted my response without hitting send.

That exchange is becoming far too indicative of how we, supposed professionals,

deal with one another. I Googled lawyer quotes, trying desperately to find a short

witticism that reflects what it means to be a lawyer. I was disappointed, though per-

haps not surprised, to find a whole host of pithy lawyer quotes that ridiculed the

profession of the law. What has become of us?

While that e-mail is still galling - not because of the message, but because of the

lack of civility and courtesy with which it was delivered - it has caused me to re-

flect on my own methods of practicing law. Have I become too consumed with

billing hours? Have I become too consumed with 'winning' no matter what the

cost? Have I begun to use the livery of 'zealous advocacy' as my justification to

destroy and decimate opposing counsel? (Continued on Page 2)

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News You Can Use

DCBA Strategic Planning Process with the ABA

Dear Members,

This year, the DCBA under the leadership of President Brett Woodburn is undertaking a strategic planning process

with the American Bar Association, Division for Bar Services. A sample Bar Association Member Survey will be

coming your way next month, and we want your input as we plan for our Bar’s future. Keep an eye out for an email

announcement in early March for more information and do not hesitate to contact us with any questions. Please par-

ticipate and Make Sure Your Voice is Heard!

Thank you.

The Staff of the DCBA

President’s Message Continued...

In 2001, I was involved in a civil lawsuit involving child molestation. I represented a corporate defendant, Lee

Nollau (may he rest in peace) represented the estate of the perpetrator, and George Zanic represented the minor

plaintiff. As you can imagine, the litigation was fierce at times - all three attorneys zealously representing their cli-

ents. We had three full days of depositions (spread over the course of the litigation); but at the end of each day, the

three attorneys met for dinner together. We each picked up the tab one night and when the case settled through me-

diation, we parted with great respect for one another. Sadly, not long after the case settled, Lee died of a heart at-

tack. George practices in Huntingdon County, so he and I rarely cross paths. Nonetheless, that case stands a hall-

mark case in my career because it demonstrated how I believe attorneys should practice.

Just one more...

It's not for me to tell anyone how to conduct themselves; I have enough of a struggle managing myself. I have had

the benefit of working with some wonderful attorneys -- Tom Caldwell, Carl Wass, Dick Placey -- who have men-

tored me in what it means to be a lawyer. I remember listening to how Tom talked about the practice of law and

how much he loved it; I worked with Carl for more than a decade watching him practice law and seeing how much

he loved it. Dick has shared space with my firm for my entire career as a practicing lawyer and I see how respect-

fully he treats others and I hear the respect as others speak of him.

I am sure I will get more e-mails and letters and phone calls that will be insulting, infuriating and unprofessional. I

only hope that I can take Just One More ... breath/moment/pause/day before I respond.

I look forward to seeing you on Thursday, March 15 when we join the Young Lawyers at the DCBA to celebrate St.

Patrick's Day!

Member Updates

Johnson, Duffie, Stewart & Weidner is pleased to announce that Wade D. Manley has been named

a shareholder with the firm.

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Photos Provided by J. Michael Sheldon

Page 3

DCBA President’s Gala

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Sun Mon Tue Wed Thu Fri Sat

1 12:30 p.m. ADR Sub-

committee Mtg

2 3

4 5 9:00 a.m.

Camp Interviews

6 9:00 a.m.

Camp Interviews

7 8 9:00 a.m.

Camp Interviews Lancaster

9 9:00 a.m.

Camp Interviews Lancaster

10

11 12 5:30 p.m.

William W. Lipsitt American Inns of

Court

13 11:30 a.m. lunch 12:00 Noon CLE

“What’s New at the Dauphin County Court-

house

Featuring:

President Judge Hoover

Judge Coates Judge Dowling

Deborah Freeman

Moderated by:

Judge Bratton

https://www.dcba-pa.org/

pdfs/

eventAds/031312flyer.pdf

14 5:30 p.m.

Bowman American Inns of Court

15 9:00 a.m.

Custody Clinic

4:30 Board of

Directors Meeting

5:30 p.m. Young Lawyers

St. Patrick’s Day Party

https://www.dcba-pa.org/

pdfs/even-

tAds/2012YLStPattysDay.

pdf

16 9:00 a.m.

Camp Awards Announced

17

18 10:00 a.m.

Young Lawyers VK5K Race for Vin-

ny’s Kids

https://

www.pretzelcitysport

s.com/onlineform1.php?

id=164

19 20 21 11:30 a.m. lunch 12:00 Noon - 2:00

P.M. CLE

“Pro Bono from your

Desk: The Senior-

LAW Helpline

Featuring:

Bonnie Dahl,, Raquel Smith & David Tre-

vaskis

https://www.dcba-

pa.org/pdfs/

even-tAds/0321ProBonoC

LE.pdf

22 23 24

25 26 27 11:30 a.m. lunch

12:00 Noon CLE

“Sexual Harassment, An Introduction for the Begin-

ner and an Update for the

Seasoned Practitioner”

Featuring:

Renee Mattei Myers

https://www.dcba-pa.org/

pdfs/eventAds/032712flyer.pdf

28 5:30 p.m.– 7:00 p.m.

Senior Lawyer Happy

Hour

Mount Hill Tavern

https://www.dcba-

pa.org/pdfs/even-

tAds/03282012senior

lawyer.pdf

29 9:00 a.m.- 12:00 Noon

“Advanced Group Con-

sultation: Common but Difficult Topics for Par-

enting Coordinators”

Featuring:

Hon. Jeannine Turgeon,

Dr. Arnold Shienvold & Sandra Meilton

https://www.dcba-pa.org/pdfs/

even-

tAds/032912parentingcoordinatorflyer.pdf

30 31

March 2012

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Sun Mon Tue Wed Thu Fri Sat

1 2 3 4 5 6 DCBA Closed 7

8 9 10 8:00 a.m. Public

Service Committee

Meeting (McNees)

11:30 a.m. lunch

12:00 Noon CLE

“Shareholder, Partner

and LLC Member Dis-putes”

Featuring: Timothy Nieman

https://www.dcba-

pa.org/pdfs/

even-

11 5:30 p.m.

Bowman American Inns of

Court

12 5:00 p.m. - 7:00 p.m.

Young Lawyers Meet the

Judges Night

Rafferty Room (2nd Floor)

of Ceoltas

http://

www.ceoltasirishpub.com/directions.htm

(for directions)

13 9:00 a.m.

6 Hour Cafeteria Com-

pliance Session - Crowne Plaza

https://www.dcba-pa.org/pdfs/

even-

tAds/0413126hourcleflyer.pdf

14

15 16 5:30 p.m.

William W. Lipsitt

American Inns of Court

17 18 5:30 p.m. WIP Meet-

ing

19 4:30 p.m. Board of

Directors Meeting

20

21

22 23 24 11:30 a.m. lunch 12:00 Noon CLE

Topic to be Determined

25 26 27 28

29 30 11:30 a.m. - 1:30 p.m.

Law Week Ask a Lawyer

Strawberry Square

May 1 11:30 a.m. - 1:30 p.m.

Law Week Ask a Law-

yer Strawberry Square

May 2 8:00 a.m. Law Day Breakfast Meeting - Hilton

Harrisburg. (More info to

follow)

11:30 a.m. - 1:30 p.m.

Law Week Ask a Lawyer

Strawberry Square

May 3 11:30 a.m. - 1:30 p.m.

Law Week Ask a Lawyer

Strawberry Square

May 4 11:30 a.m. - 1:30 p.m.

Law Week Ask a Lawyer

Strawberry Square

April 2012

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News You Can Use

Possession and Use of Electronic Devices in

Judge Turgeon’s Courtroom

On February 14, 2012 Judge Turgeon issued a new Order of Court for Possession and

Use of Electronic Devices in her courtroom. This order was emailed to all DCBA mem-

bers. Any person violating this Order may be held in contempt in accordance with 42 Pa.

C.S. §432 et. seq., and subject to sanctions including but not limited to confiscation of the

electronic device used.

For another copy of the order, please contact the Bar Association at 232-7536. You may also go to: http://

www.dauphincounty.org/court-departments/offices-departments/court-of-common-pleas/practices-judge-turgeon

for a list of all preferences in Judge Turgeon’s courtroom.

PBA—Federal Practice Committee

DCBA Members,

Please find below a recent letter to our Bar Association members from Judge D. Michael Fisher of the U.S. Court

of Appeals, 3d Circuit with an opportunity through the PBA for attorneys who practice in federal courts.

Should you be interested and require further information, please do not hesitate to contact me at [email protected]

or 717-232-7536.

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News You Can Use

Memorial Committee Warranty

Memorial services of the DCBA offer many rewards to those who choose to spend that hour at the end of the day

in Courtroom One:

1. Worthy tributes to the memory of departed members;

2. Affirmation of the important contributions that lawyers make to civic, religious, individual and societal suc-

cesses;

3. Fascinating personal histories that reveal splendid character and accomplishment;

4. Reminders of the values that we share; values that will transcend the distractions of daily conflict, transitory

obligation, and the narrowing of view that inevitably accompanies unrelenting pursuit of client interest; and,

5. A chance to connect with friends and colleagues of the bar in a spirit of congeniality and goodwill.

So, we warrant to you a sense of renewed appreciation for your calling as a lawyer if you attend the next Memorial

Service. If you should conclude, in your sole discretion, that this promise has not been met, you are entitled to one

free drink, at our expense, at the "Last Call" reception which follows the service immediately, in the Lawyers'

Lounge, Judge Kleinfelter presiding in spirit!

David Lehman, Chair

At the last PABE meeting, it was suggested that the following information be distributed to the listserv so bar asso-

ciations who wish to promote the PA CLE Board’s MyPACLE service to their members may do so. MyPACLE is a

free and secure online feature that helps lawyers track and comply with their CLE requirements.

You may help promote this service by adding the following link wherever practicable on your organization’s web-

site:

MyPACLE – Helping you meet your PA CLE requirements :

https://www.pacle.org/crc/MyPACLE.asp

A small graphic file is also attached for those who would like to use it. Thank you for considering the addition of

this information to your site.

Call or email Katey Buggy or Dan Levering with any questions:

Katey Buggy: [email protected] - 717.231.3212

Dan Levering: [email protected] - 717.231.3214

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News You Can Use

2012-2013 Lawyer Referral Registrations

Now being Accepted

It is now time to register with the DCBA Lawyer Referral Service for inclusion on the attor-

ney referral list for 2012 and into the beginning of 2013. Registration forms were emailed to

members on February 13, 2012. Please complete the registration form and mail it to the Bar

Association by Friday, March 23, 2012 together with your check in the amount of $95.

Beginning April 9, 2012 all referrals will be made from the new list and the previous list will

be discarded, so please register promptly.

If you have not received it, please contact [email protected] to get your copy of the

registration form today!

New Delegates for the PBA House of Delegates

President Woodburn is pleased to announce the new Zone 3 Governor for the PBA House of Delegates will be

James Goldsmith and he will assume the position in May at the PBA Annual Meeting. Jim replaces Sara Austin of

York, PA. In addition to Jim’s nomination, Renee Mattei Myers, Sam Milkes, Liz Simcox and Lisa Benzie-

Woodburn will begin their term of service as HOD members also at the May meeting. Thanks to Karen Balaban,

Dave Lehman and Ann Levin for their excellent past service and representation as Dauphin County Bar Members in

this role.

Central Pennsylvania Paralegal Association Job Bank Service

The Central Pennsylvania Paralegal Association (“CPPA”) is now offering their

Job Bank Service free of charge to employers.

The CPPA Job Bank Service will advertise full-time or part-time paralegal posi-

tions, as well as paid and unpaid intern positions. The ad will be distributed exclu-

sively to CPPA members. Because CPPA membership consists of professional

paralegals, students and associate members, your employment advertisement will

be to distributed to a broad range of potential paralegal candidates.

Your advertisement will be distributed to CPPA members within three (3) days of

receipt. CPPA members interested in applying for the position will contact you

directly, in whatever fashion you designate in your advertisement.

If you are interested in utilizing the free service, please contact CPPA’s job bank chair, Stephanie Saul at

[email protected] or 717-657-3900.

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Young Lawyers News

Vinny’s Kids

Please join your fellow Bar Association members in the great cause to

support Vinny’s Kids! Join the DCBA team for this 5K Run/Walk on

Sunday, March 18, 2012 at 10:00 a.m. on City Island.

Bring your friends, spouses, kids, and dogs to support this great cause!

For $5 paid on the day of the Race, you will receive a Team DCBA T-

shirt!

Please register for the race online at:

https://www.pretzelcitysports.com/onlineform1.php?id=164

Please RSVP to Jennifer Caron, no later than Friday, March 2, 2012 if

you plan to participate in this event with Team DCBA so that we can

ensure you receive a T-shirt.

We look forward to seeing you there!

Young Lawyers Volleyball

The Young Lawyers have met and are putting their events

together for the year. The Volleyball schedule is set to begin

on Thursday, May 10, 2012. All registration materials are

due to the Bar Association no later than 4:30 p.m. on Monday,

April 23, 2012!

Look for your team registration form under separate email!

Saint Patrick’s Day Party

The annual Young Lawyers Saint Patrick’s Day Party will be

held on Thursday, March 15, 2012 beginning at 5:30.

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Pro Bono Honor Roll 2011

Our sincere apologies to the following individuals whose

names were inadvertently left off the 2011 Pro Bono Honor

Roll in February’s edition of the DCBA Newsletter.

Timothy M. Finnerty

Regina Matz

Pro Bono Performance

So far in calendar year 2012, our Pro Bono Program has:

Assisted 70 clients (based on new cases)

Donated 105 hours of legal services (based on closed cases)

Valued at $15,675

Conducted 2 Pro Se Clinics

In addition, the Modest Means Program has fielded 752 calls and referred

499 clients, including 12 clients who qualified for our Modest Means Panel.

Page 10

Attorney Volunteer News

Pro Bono Recognition

The following attorneys provided pro bono services during the month of February, 2012 by accepting new clients,

making financial contributions to MidPenn Legal Services, participating in one of our pro bono programs or con-

ducting one of our family law clinics.

Attorneys

Angino & Rovner, PC

Thomas A. Archer

Linda Carroll

Karen Lynn DeMarco

Jacqueline E. Jackson-DeGarcia

Donna L. Fisher

Grant H. Fleming

Emily Long Hoffman

Nathaniel M. Holmes

Donald T. Kissinger

John J. Krafsig Jr.

Gerard C. Kramer

Laurence C. Kress

Sanford A. Krevsky

Solomon Krevsky

Howard B. Krug

Francis J. Lafferty IV

Roger R. Laguna Jr.

Matthew J. Landis

Stanley J. A. Laskowski

Quintina M. Laudermilch

Susan E. Lederer

Richard C. Lengler

Dorothy L. Mott

Troy B. Mouer

Matthew R. Seeley

Thomas A. Wimmer

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Attorney Volunteer News

Pro Bono Frequently Asked Question:

“I did not sign up for Pro Bono. Why did I get an email asking me to meet with pro bono clients?”

In Dauphin County, we do not ask attorneys to sign up for pro bono. Every Dauphin County Bar Association

member is invited and encouraged to participate in the Pro Bono Program by either accepting two referrals, con-

tributing $300 or otherwise providing free legal services to disadvantaged people through a variety of organized

programs. This pro bono system was approved by DCBA members at the 1991 Law Day Meeting.

The original pro bono resolution provided for either 1/2 day of service (no more than three cases) or a $400 contri-

bution. Due to strong membership support, DCBA was able to substantially reduce the backlog of Legal Services’

cases. Thus, two years later, the “expectation” was changed, and members are now asked to accept only two cases

or contribute $300. This expectation of participation continues to this day.

Thus, on a rotation basis, each member is asked to take a turn for pro bono appointments. This method is used to

ensure that every member is provided an equal opportunity to do pro bono work. We have also helped to create

special projects so that all attorneys, regardless of practice area or place of employment, can participate (e.g., the

popular Custody Clinics, Homeless Outreach, Wills for Heroes, Guardian Monitors and others.) If you have ques-

tions or want more information on our pro bono opportunities, please contact Sandy Ballard at 232-7536

or [email protected].