The Legal Intelligencer Blog

Sarmina Highly Recommended for Supreme Court

By Amaris Elliott-Engel
Staff Reporter

Philadelphia Common Pleas Judge Teresa Sarmina has been highly recommended in her candidacy for the one open spot on the Pennsylvania Supreme Court, according to the Pennsylvania Bar Association's Judicial Evaluation Commission.

The Legal will have a more in-depth story next week about the commission's recommendations, as well as which candidates are endorsed over the weekend by the state Democratic Committee.

Superior Court Judges Cheryl L. Allen, Judge Joan Orie Melvin and Jack A. Panella, along with Philadelphia Common Pleas Judge Paul Panepinto also have been highly recommended in their bids for the Supreme Court.

Sarmina, a criminal judge, was elected to the Common Pleas bench in 1997 and retained in 2007. Sarmina previously worked as a senior deputy attorney general, a Philadelphia assistant district attorney, a legislative aide and as a social worker.

Sarmina is seldom reversed on appeal, and she has earned the respect of bench and bar alike, the commission's recommendation said.

"The commission concludes that the candidate would bring exceptional skills, experience and commendable personal qualities to the Supreme Court, and the commission highly recommends her candidacy," the recommendation said.

The commission recommended Kevin F. McCarthy, an Allegheny County assistant district attorney who works in that office's appellate unit, in his bid for the Superior Court.

Allegheny County Common Pleas Judge Robert J. Colville, Philadelphia Common Pleas Judge Paula A. Patrick, Allegheny County attorney Templeton Smith Jr. and Philadelphia Common Pleas Judge John Milton Younge were previously recommended by the commission for the Superior Court. Philadelphia Common Pleas Judge Anne E. Lazarus has been highly recommended by the commission for the Superior Court.

Daniel K. Bricmont, an Allegheny County attorney with a personal injury practice specializing in workers' compensation and unemployment compensation cases, Linda S. Judson, an Allegheny County attorney who also works in workers' compensation law, Philadelphia Common Pleas Judge James Murray Lynn, who has been a judge since 1991, were recommended in their bids for Commonwealth Court.

Barbara Jo Ernsberger, an Allegheny County general practitioner, was found not recommended because her lack of experience practicing before Commonwealth Court is very limited, and because the commission expressed concern if she has the temperament required of an appellate court judge.

Michael Sherman, a managing partner at Fried Kane Walters Zuschlag & Grochmal in Pittsburgh, and Alfonso Frioni Jr., a member of the Workers' Compensation Appeals Board from Allegheny County, also were previously recommended by the commission to the Commonwealth Court.

There are two open seats on the Commonwealth Court, and three open seats on the Superior Court.

The commission promises recommendations about the Republican appellate court candidates before the state Republican Committee meeting. All the recommendations so far have involved Democratic candidates

President Obama Signs Wage Discrimination Bill Into Law

By Eric B. Meyer
Dilworth Paxson

[This posting is for informational purposes only and should not be construed or interpreted as legal advice on any matter]

It certainly didn’t take President Barack Obama long to make his mark on the current state of employment law.

Today, Obama signed into law the Lily Ledbetter Fair Pay Act. The Ledbetter Act overturns a 2007 U.S. Supreme Court decision that limited the time period in which a woman could recover back pay upon discovering an improper pay discrepancy between her salary and that of her male colleagues.

By overturning the Supreme Court’s decision, the Ledbetter Act extends the 180-day statute of limitations back to capture any infractions similar to the ones caused by a paycheck issued during the 180-day period.

Notably, the Ledbetter Act applies to members of all protected classes who allege pay discrimination, i.e., those based on age, disability, national origin, race and religion. Recovery under the Ledbetter Act is retroactive to May 28, 2007, the day before the Supreme Court decided the Ledbetter case, and applies to all pay discrimination claims pending on or after that date.

Fittingly, Ledbetter stood alongside Obama as he signed the first bill of his presidency -- just 10 days into his term of office.

Obama, who today also repealed several executive orders which President Bush had issued amidst union opposition, is sending a strong message -- at least for now -- that the rights of working Americans are paramount to his administration.

Eric B. Meyer is a member of the labor and employment group at Dilworth Paxson. Readers can contact Meyer via e-mail and follow him on Twitter.

K&L Gates, Bell Boyd Partnerships Approve Merger

By Gina Passarella
Senior Staff Reporter

The partnerships of Pittsburgh-based K&L Gates and Chicago-based Bell Boyd & Lloyd  have approved a plan to merge the two firms.

They announced late last year that the firms were in discussions and most in the industry saw it as a foregone conclusion the firms would complete the deal.

The combination, which will take effect March 1, will create a firm with about 1,900 lawyers and 31 offices. Not only will Bell Boyd bring about 250 attorneys to K&L Gates, but it will provide an entrance into a long-sought market for the firm, Chicago, as well as a presence in San Diego.

K&L Gates Chairman and global managing partner Peter Kalis said both partnerships voted unanimously to approve the merger.

This deal makes for the third merger for K&L Gates since the beginning of 2008. It completed a combination with Texas-based Hughes & Luce at the beginning of 2008 and finalized a deal with Charlotte, N.C.-based Kennedy Covington Lobdell & Hickman in June. K&L Gates opened a Frankfurt, Germany office this month.

In talking about the number of mergers his firm has done during this tough economy, Kalis said in December that K&L Gates will, if given the opportunity, "grow aggressively in this downturn." He said the firm has no short-term or long-term debt and never has.

"When you have a clean balance sheet, God gives it to you for a reason, and that is you are positioned to take steps in a down market that perhaps other firms have to think twice about," Kalis said at the time.

He said today that all of that still holds true.

Consultants familiar with the firms said in December when the deal was first announced that Bell Boyd had been losing some attorneys and was a tough size for the market. The consultants said the deal made sense for both firms.

Attorneys Will Be More Productive and Increase Billable Hours by Delegating - Week 2

By Neen James, of Neen James

To continue our series on how attorneys can increase billable hours while completing all the other tasks on their "to do" lists, try this simple strategy to ensure more billable hours and more staff satisfaction at every level of the practice. If you want to read the last blog entry check it out here.

Delegate - To some people in the firm this is a hard concept to grasp, but when attorneys embrace the concept of delegation everyone benefits. Many staff in the firm look for more responsibility and variety in their daily work tasks. By delegating different projects and tasks, support staff enjoy an increase their interest in their roles and feel more satisfied. Delegation of regular occurring tasks, scheduling, administration, follow up and routine activities frees up time for attorneys allowing more billable hours. Ask yourself three questions:

1. Am I the best person to complete this task?
2. Is this the best use of my billable time?
3. Is there someone else in the firm who is talented to do this or to learn how to do this?

Once you answer these questions, take action. Yes, initially it does take a few more minutes to teach someone how to do a task the way you want it done, but in the long-term you save time (and bill more hours!).

Delegation is a learned skill; it does not come easily to most and must be handled in a way that both parties trust the process and each other. When delegation is practiced within a law firm it ensures career paths are created and skill sets are increased, this is beneficial for any growing firm. For more tips on delegation go to: www.neenjames.com

Neen James
www.neenjames.com

Family Court Project Gets Needed Zoning Change

By Amaris Elliott-Engel

Staff Reporter

The Philadelphia City Council passed a zoning ordinance change today that will allow the unified family court project to proceed at 15th and Arch streets in Center City.

First Judicial District Administrator David Lawrence said the zoning change allows a project that would unify the court's domestic relations and juvenile branches to span as large as 550,000 square feet. The zoning changes eliminated some setback requirements that stipulate how far the building has to be from the edge of the street and other structures.

"What it does is it allows us to have a larger footplate and floor plans on the upper floors," Lawrence said.

It is cheaper to have the base of the building be larger and to build fewer floors, Lawrence said. Lawrence also said it probably won't be affordable to build a courthouse as large as 550,000 square feet, but the zoning change was still needed for the size of the project.

Court leaders are hoping the courthouse project might qualify for federal economic stimulus funds that aim to revive the American economy by paying for large public works projects. "If we keep going at the rate we're going, there's a good chance we'll be shovel ready," Lawrence said.

The court has funding because of filing fees to pay for the courthouse's planning stages. But constructing the building will require a large-scale infusion of cash from the federal government or the Pennsylvania government.

Lawrence also said that elevators are very expensive, and that the building only will have as many elevators as are affordable.

Many users of the Criminal Justice Center bemoan the crowded lobby of the building, partly because of the high-volume use of that building's elevators.But family courthouse planners "are very much aware of the congestion that goes on in the lobby" of the Criminal Justice Center and are keeping that in mind in planning the family court, Lawrence said.

Communicating Across Generations: What You Need to Know

By Kim A. Huggins, K HR Solutions LLC

Today's workplace is made up of employees from four generations. Each generation has its own expectations and preferences from their work environment. For many reasons, including technology, modifications to organizational structures and working arrangements, communication at work has changed significantly. The challenge is that not everyone wants to be communicated with and to in the same way. Therefore, it is critical to understand the communication preferences of each generation and take them into consideration when conducting business.

Traditionalists were born before 1946, age 64 and over. Many of the communication preferences that traditionalists were raised with still exist today. They prefer a more formal style of communication. While traditionalists do utilize technology for work purposes, they still prefer communication to take place face-to-face, over the phone or through conventional mail systems.
    •  When setting up meetings contact them directly by phone or through their administrative assistant.
    •  After a meeting, leave a hard copy of information and ask how they would prefer that you follow-up.
    •  Send them hand-written notes.
    •  Keep presentations more formal, with limited amount of flash.
    •  Avoid the use of acronyms, slang and foul language.

Baby Boomers were born between the years of 1946 to 1964, ages 45-63. The television came along during this generation and the way information was received took on a new meaning. This generation has certainly embraced the use of technology for communication purposes but when surveyed, they still prefer face-to-face. Baby Boomers are relationship and team oriented. It's important to take time to establish rapport and show a personal interest in them.
    •  Make presentations more of a conversation and less of a speech.
    •  If you are selling a product or service, link it to the business mission and impact on people.
    •  Allow plenty of time for questions and collaboration.
    •  Solicit their opinion, ask for their input and input from stakeholders.
    •  Use phone or email to set up meetings, follow-up.

Gen Xers were born during the years of 1965 to 1981 and are currently age 28-44. The advancement of the personal computer in the early 80s ushered in the technology boom. Independent and self-motivated Gen Xers have a more informal approach to communication and tend to rely heavily on the use of email. They also have a more direct style and like to get down to business quickly.
Communication Suggestions:
    •  Be direct and straightforward.
    •  Show respect for their time, avoid too much small talk.
    •  When presenting, start with the bottom line. Tell them up front what you need or expect from them.
    •  Do your homework and be well prepared.
    •  Ask for their preference on moving forward.

Gen Y was born during the years of 1982 to 2000 and is currently age 9-27. The Internet was born with them and information is now available 24/7. The primary mode of communication for Gen Y is instant and through the use of technology. They have cell phones, text messaging, instant messaging and blogs. They have taken the concept of networking to a whole new level with social Web sites.
    •  Take a positive, collaborative approach.
    •  Ask for their ideas and input.
    •  Avoid treating them as a child or inexperienced.
    •  Utilize technology as much as possible.

Building your awareness and understanding of these generational preferences will allow for more effective communication between colleagues and clients.


Kim A. Huggins
HR Solutions, LLC
www.khrsolutions.com

Above-and-Beyond Pro Bono Service Honored by the Bench

 The First Judicial District Pro Bono Publico Award recipients are  (from left)  Henry Clinton, Joseph Kelly, David Hofstein, Pamela Porter Ende, Robert Claypole, Charles “Chip” Junod  and Kenneth Fleisher. Sondra Rodrigues is in the front row. Suzanne Pritchard is not pictured.

By Amaris Elliott-Engel
Staff Reporter

When Charles "Chip" Junod opened the letter from the court, he thought he was being asked to serve on another committee.

But Junod wasn't being asked to commit yet another time. He was being honored by the First Judicial District's bench for exceptional pro bono service.

Junod, a former assistant district attorney who now directs the city's prison population management, was one of several attorneys honored by the judiciary last week as the First Judicial District presented its third year of awards to attorneys who provided superior pro bono representation in Philadelphia Court of Common Pleas and Philadelphia Municipal Court.

Junod downplayed his work, saying: "When you're in public service, everything you do is supposed to be for the public." But Common Pleas President Judge Pamela Pryor Dembe joked that she respects Junod so much she's almost willing to let Junod sign orders.

Junod and the other attorney awardees were presented with clocks because they give up the gift of time, said Orphans' Court Judge Anne Lazarus, one of the originators of the Pro Bono Publico Awards.

Sondra R. Rodrigues, an attorney specializing in post-conviction relief cases, was honored along with Junod for pro bono work in the Common Pleas' criminal trial division. Rodrigues was emotional in an interview as she talked about receiving recognition from judges for her volunteerism. "It's so nice to have my work appreciated because you work and you work, and sometimes you don't think people notice and suddenly you find out they do," Rodrigues said. "I had so much goodness in my life from my parents and from my teachers, just all the people who helped me. I'm just glad I have the chance" to help others.

Henry M. Clinton of Eckert Seamans Cherin & Mellott, Robert W. Claypole of the Law Offices of Robert W. Claypole and Kenneth J. Fleisher of Zarwin Baum DeVito Kaplan Schaer & Toddy were honored for their pro bono work in the Common Pleas' civil trial division. The attorneys were honored for their work in either the court's fraudulent conveyance program or the mortgage foreclosure diversion program.

Civil Trial Division Supervising Judge Esther R. Sylvester, who oversees the fraudulent conveyance program, said a program that aims to stop people's houses from being stolen just couldn't work without volunteer lawyers. Clinton spends hours and hours to get settlements, including in a case where he successfully got a settlement for a woman who didn't have proper title but still complained to the press that she thought the court wasn't doing enough to help her, she said. Clinton said he is able to do what he does because his firm prioritizes pro bono work.

Claypole said he was motivated to get involved in the foreclosure program because of the country's mortgage foreclosure crisis. Common Pleas Judge Annette M. Rizzo said Fleisher is a force to be reckoned with in motivating volunteer judges pro tem to conduct conferences between lenders and borrowers in foreclosure cases.

David N. Hofstein of Hofstein Weiner & Levit was honored for his work in the Common Pleas' domestic relations branch of the family division. Hofstein said that when he looks back over his 30 years of lawyering his pro bono cases were the most interesting and rewarding. He told the younger lawyers in the room they should also learn the value of taking pro bono cases.

Pamela Porter Ende, a solo practitioner, was honored for her work in the Common Pleas' juvenile branch of the family division. Ende honored her husband for his understanding of her volunteerism. Ende also honored her fellow volunteer attorneys who help with Support Center for Child Advocates' cases.

Family Division Administrative Judge Kevin Dougherty said Hofstein and Ende know the importance of Family Court. "We were all children," Dougherty said. "In our courthouse, children come first. In my heart, children are more important than any commodity or anything else we have."

Suzanne Pritchard of McCann & Geschke was honored for her work in the Common Pleas' Orphans' Court division, including finding volunteer guardians. Pritchard said she first got involved in finding volunteer guardians for the elderly subject to Orphans' Court cases because her husband is a clergyman and judges thought he might be able to harangue his colleagues into serving as guardians. After all this time, Pritchard said she can only do pro bono cases because of the compassion of the judiciary.

Joseph K. Kelly, a solo practitioner, was honored for his work in the Municipal Court's criminal side. Kelly said he was the youngest of 10, and he is very happy to have earned a law degree and to be able to help people with it.

The committee for the Pro Bono Publico Awards was co-chaired by Philadelphia Common Pleas Judge Daniel J. Anders and Thomas E. Zemaitis of Pepper Hamilton. Dozens of other attorneys were honored for their pro bono work by their inclusion in an honor roll.

U.S. Supreme Court Issues Important Title VII Anti-Retaliation Decision

Eric B. Meyer, Dilworth Paxson

[This posting is for informational purposes only and should not be construed or interpreted as legal advice on any matter]

On Monday, a unanimous U.S. Supreme Court, in Crawford v. Metropolitan Government of Nashville and Davidson Cty., held that an employer violates Title VII of the Civil Rights Act of 1964 (Title VII) by retaliating against an employee for cooperating with an employer’s internal sexual harassment investigation.

In this case, defendant Metropolitan Government of Nashville and Davidson County’s (Metro) interviewed plaintiff Vicki Crawford as part of an internal investigation into rumors of sexual harassment against a Metro employee. Crawford did not initiate the investigation. However, during her interview, Crawford alleged that she also had been sexually harassed.

Following the investigation, Metro fired Crawford. She eventually sued Metro for Title VII retaliation.

Reversing the 6th U.S. Circuit Court of Appeals, the Supreme Court concluded that the protection that an employee is afforded under Title VII extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer’s internal investigation. Otherwise, if an employee like Crawford reported discrimination in response to inquiries from her employer, the employer may be able to penalize her for speaking up. However, if the employee did not report discrimination and later filed a Title VII claim, the employer could escape liability by arguing that it exercised reasonable care to prevent and promptly correct discrimination while the employee unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer.

You can find the full text of the Supreme Court’s opinion here.

Eric B. Meyer is a member of the Labor and Employment Group at Dilworth Paxson LLP. Readers can contact Meyer via e-mail and follow him on Twitter.

Dembe Named Chair of FJD's Governing Board

By Amaris Elliott-Engel
Staff Reporter


DEMBE

Common Pleas President Judge Pamela Pryor Dembe has been appointed chairwoman of the First Judicial District's Administrative Governing Board, according to a Jan. 22 order signed by Supreme Court Chief Justice Ronald D. Castille, the liaison justice to the FJD.  

There had been speculation last year that the Supreme Court was considering installing both Dembe and Common Pleas Trial Division Administrative Judge D. Webster Keogh as co-chairs of the Administrative Governing Board, which is made up of the administrative judges and president judges from the Court of Common Pleas, Municipal Court and Traffic Court. The AGB coordinates overall system management decisions for the FJD.

Since the AGB was created in 1996 by the Supreme Court, the president judge of the Court of Common Pleas has been the sole chair of the AGB. Keogh was the acting chairman of the AGB after former Common Pleas President Judge C. Darnell Jones II joined the federal bench.

Another DA Candidate Joins Race

Another candidate for Philadelphia district attorney has officially entered the field, this time at the site of a police officer's death.

Brian Grady, a Democrat, made his announcement of his district attorney bid this morning in front of the Dunkin Donuts at 6620 N. Broad St. where Police Officer Charles Cassidy was shot in 2007.

Grady was Cassidy's former neighbor and a friend, according to a news release.

Grady was expected to receive the endorsements of James Eisenhower, a former Democratic candidate for Pennsylvania attorney general, and Maureen Faulkner, wife of the late Philadelphia Police Officer Daniel Faulkner who was shot and killed by Mumia Abu-Jamal.

--Amaris Elliott-Engel, staff reporter