The Legal Intelligencer Blog

Superior Court Recount Results Due This Week

By Amaris Elliott-Engel
Of the Legal Staff

All 67 of Pennsylvania's election boards had until noon today to submit the results of the first statewide recount spurred as a matter of law in a close state Superior Court race. However, the results must be reviewed by the Department of State before they become official, said Leslie Amorós, a departmental spokeswoman.

The results should be released in the next day or two, she said.

A recount was re-triggered after three candidates finished within one half of one percentage point of Anne E. Lazarus, a Philadelphia trial judge who will be the only Democrat to win statewide if she succeeds in the outcome.

The two Democratic candidates who finished first place and third place behind Lazarus both chose to opt out of the recount, but the one Republican candidate who finished second place behind Lazarus did not choose to opt out. Temp Smith, an Allegheny County lawyer, is the Republican candidate. And Robert Colville, an Allegheny trial judge, and Kevin Francis McCarthy, an attorney with the Allegheny District Attorney's Office, are the two Democrats who respectively finished second and fourth behind Lazarus.

At the time the recount was triggered, Smith trailed by 3,534 votes, Colville trailed by 2,258 votes and McCarthy was behind by 12,682 votes.

Trujillo Appointed to Gaming Control Board

By Gina Passarella
Of the Legal Staff

Pennsylvania’s growing, sometimes troubled gaming industry has often reached out for the investments, leadership and counsel of the state’s legal community.

That connection continues with the appointment by Gov. Edward G. Rendell of local attorney and former City Solicitor Kenneth I. Trujillo to an open slot on the state’s Gaming Control Board.

Trujillo, of law firm Trujillo Rodriguez & Richards and its government relations subsidiary OnPoint Public & Private Solutions, has served on a number of local government agencies, often appointed by Rendell.

"I have called on Ken to assume important tasks numerous times during my public life, and he has always done an excellent job,” Rendell said in a statement. “I have confidence in his ability and I believe he will be an outstanding addition to the board as it guides Pennsylvania's growing and developing gaming industry.”

Trujillo would be replacing original board member Sanford Rivers of Pittsburgh, who recently resigned. The Gaming Control Board comprises seven members, three appointed by the governor and four by legislative leaders. The governor's appointees do not require Senate confirmation.

Prior to the board awarding licenses for slot machine casinos in 2006, Trujillo was an investor in a group that applied unsuccessfully for one of the two licenses the law designated for Philadelphia. He was part of a group of minority attorneys that invested in the Pennsylvania Partnership Group with plans to build the proposed Riverwalk Casino.

Trujillo is a former city solicitor of Philadelphia, a former assistant U.S. attorney, and served on the transition teams for Governor-elect Rendell in 2002 and President-elect Obama in 2008. He helped organize the 2000 Republican National Convention in Philadelphia and helped develop new stadiums for the Phillies and Eagles. Trujillo has also served as a member of the Philadelphia Board of Pensions and the Philadelphia Industrial Development Corp.

Shortly after taking office, Rendell appointed Trujillo to the board of the Pennsylvania Intergovernmental Cooperation Authority. In 2005, Rendell named him to the Delaware River Port Authority, where he is a member of the finance committee. As mayor in 1997, Rendell tapped Trujillo to serve on the Philadelphia Police Corruption Task Force.

The Gaming Control Board has authority over 12 slot machine casinos licensed thus far throughout the commonwealth, nine that are operating and three that are still in the planning or construction stages. In addition, two more casino licenses can be awarded under the Gaming Act. The state legalized slots in 2004 and is currently considering an expansion of gaming to include table games at its licensed venues, according to a statement by the governor’s press office.

Judge Diane Welsh Details Qualities That Distinguish Successful Women—Part III

Judge Diane Welsh shared some strategies for success at 2009 Pennsylvania Bar Association Commission on Women in the Profession Annual Retreat. The following are her remarks continued from Parts I and II.

“Balance work and family obligations – Just as you are going to think of yourself as your own professional corporation, you need to be the CEO of your family corporation. Delegate and prioritize. Calculate the highest return on the investment of your time. On some evenings, it will be more important for you to be at the PTA meeting than the Bar Association cocktail party. On other occasions it will be more important that you be at the annual meeting than at the soccer tournament. You can’t leave your schedule to chance. Sit down regularly with your co-parent to coordinate your calendars and determine the order of priority among his professional events, your professional events and the child’s events and make plans in advance for who needs to be where. Rarely is it critical that both parents attend a child’s event.  As women, we have so many chapters in our lives. You can have it all, but not necessarily at the same time. There are many different jobs within our profession and they have different requirements.  For example, a job that requires substantial travel may not be the best choice for you when your children are very young. One of the most exciting things about being a woman lawyer today is precisely that we have so many choices. Take advantage of them to achieve the best balance and quality of life for your self in each chapter of your career. 

“As the great philosopher Woody Allen said, ‘Eighty percent of success is showing up.’ When someone you know receives an award, is sworn into office or hosts an event or fundraiser, show up. The person will remember that you came, appreciate it and will consider you a member of his or her circle. Send congratulatory letters, thank you and sympathy notes. E-mail is not a good substitute. It does not have the impact of a handwritten note with a stamp. I have read that the first President Bush paved his road to the White House one thank-you note at a time. 

“Flattery will get you everywhere – I’m not suggesting that you be disingenuous. But if you know a person has been promoted, had a successful verdict or a recent firm move, offer congratulations and ask a few questions about his or her experience. One of the most effective forms of flattery is to ask an influential person for advice. Don’t be intimidated. It’s a sign of respect and the person will often respond by not only giving you her advice but will also offer to help you. And people who help us become invested in our success.

“Stop talking and start communicating – Many women provide too many details about people, setting, drama and the thought process involved. A man’s version of the same story will be the ‘Cliff Notes.’ This detailed reporting style of women is seen as ‘rambling’ and can be annoying to men and even other women. The business world was developed by men and for men – and that’s the culture women now operate in. Remember you are attending the event in your professional capacity. Some women tend to get a little giddy if they have a few cocktails so be very careful about alcohol consumption. Be aware of how your style of communicating might be perceived by others. If you don’t gauge it and make adjustments you’ll have difficulty reaching your full potential

“Love the one you’re with – Have you ever been in a conversation with someone who appears distracted or continuously scans the room as if they’re looking over your shoulder for someone more important than you to talk to? It’s terribly insulting. The most important aspect of communication is not talking; it’s listening. If you really want to engage someone, active listening, not imitation, is one of the best skills you can practice.  

“Become an expert in your field – When you have handled a complex matter or one that has an unusual issue and you have gained some advanced knowledge through the experience, write an article for a journal, volunteer to be on a seminar panel. Increase your profile by becoming an expert in something. Even a young lawyer can readily achieve recognition in this way. If you encounter a systemic problem that frustrates you, chances are it frustrates a lot of others too. Don’t be satisfied to accept ‘That’s just the way it is.’ Think of things you can do to change it. Form a committee, apply for a grant, find a way to have a task force impaneled. Be creative and challenge the status quo to make your mark and accomplish something lasting and meaningful beyond the case at hand. Then you’re on your way to becoming a leader.  And as the Chinese proverb puts it: ‘Those who say it cannot be done should not interrupt the person doing it.’  

“Blow your own horn – Men are more comfortable than women at promoting their strengths and accomplishments to gain prestige. While men freely talk about their achievements, women often reject the concept as bragging. Women need to toot their own horns more. Let people know about your successes. Enthusiasm can take you a long way. People relate to your excitement.

“Make up your mind – Leaders are decisive. This can be a particular challenge for women who agonize over a decision for fear of making a mistake. When I see a decisive woman in a negotiation it’s notable. When it occurs it is a powerful thing to behold because she has tremendous influence over the other people involved. Do your homework. Gather information. Listen to others who have a stake in the outcome and then using your best judgment, confidently make a decision and move on to the next matter needing your attention. Then you’re on your way to becoming a leader.  

“Make an impact: it’s all about the presentation – Impact is projecting that powerful blend of femininity, professionalism, self-confidence, and authority in appearance, manner and communication. When you enter a meeting, make an entrance – make eye contact and greet people by name. Don’t wait to be asked for your opinion. Seize on something you’ve heard and speak up. Don’t worry about being wrong. Generally there is no right or wrong answer – it’s not math class. We’re generally discussing opinions, ideas and experiences. If someone disagrees with you, that’s fine. Indeed, you should expect that someone will. In fact, dare to disagree yourself, without being disagreeable. What you said won’t be long remembered. But your confidence and energy will be.  

“Study women whom you admire for their presence and impact – whether in the public arena or in your personal sphere. Whether it’s Hillary Clinton, Michelle Obama or a partner in your firm - think about what the qualities they possess that attracts you to them. Emulate those qualities while maintaining your unique style and identity. I once saw a book in a museum store that caught my eye – It was titled ‘What Would Jackie Kennedy Do?’ It was about her style, grace, impeccable manners and the power of her personality. It struck me as a good approach to making the best use of our role models – As you evaluate your conduct or demeanor, consciously ask yourself, ‘What would my role model do?’

“Fulfill your unique potential – Your career is bigger and more important than your job. In order to be successful and to become a leader in our profession, you must first and always have passion for what you are doing. If your job is unfulfilling and keeping you from your career goals, don’t make excuses; make a change. Analyze your options and develop a strategy.  Remember that you are in control of your career. It is not your environment, it is you – the quality of your mind, your integrity, and your determination that will decide your future and shape your life. 

“My final advice comes from the author James Patterson who urges us to “think of life as a game in which we juggle five balls labeled work, family, health, friends and integrity. Work is a rubber ball. If you drop it, it bounces back. The other four balls are made of glass. Drop one of these, and it will be irreparably marked, scuffed, nicked and maybe even shattered.”  

“It is up to you to choose not just what you do, but who you are. And I sincerely wish all of you great success in your careers and in your lives."

Gina F. Rubel, Esq., is the owner of Furia Rubel Communications, Inc., a public relations and marketing agency with a niche in legal communications. A former Philadelphia trial attorney and public relations expert, Gina is the author of Everyday Public Relations for Lawyers and the co-author of 6 Essentials for Success in Business and Life. Gina and her PR firm have won numerous awards for legal communications, public relations, media relations, strategic planning, corporate philanthropy and leadership. She maintains a blog at www.ThePRLawyer.com and is a regular contributor to The Legal Intelligencer Blog. You can find her on LinkedIn at www.linkedin.com/in/ginafuriarubel or follow her on Twitter at http://twitter.com/ginarubel.  For more information, go to www.FuriaRubel.com.

Illegal Aliens’ Eligibility for Workers’ Comp Benefits Still Under Debate

In my last post, I discussed the issue of whether illegal aliens are eligible for unemployment benefits as a general rule. A related yet equally significant issue pertains to whether illegal aliens are similarly eligible for workers’ compensation benefits. At present, there is no cut and dry answer to this question. On one side of the argument are those who say that illegal aliens are not “lawful” employees because they should not have been able to secure employment in the first place and are therefore ineligible to receive workers’ compensation benefits. On the other side of the argument are those individuals who say that illegal aliens, despite the fact that they do not have a valid visa that allows them to lawfully work in the United States, are still entitled to workers’ compensation benefits because disallowing workers’ compensation benefits to illegal aliens would provide incentives to employers to continue to hire illegal aliens and thereby avoid future liability.

Across the country, the law on this issue varies. However, there appears to be a trend among several states toward affording illegal aliens workers’ compensation benefits even though these individuals technically do not have a valid visa that allows them to work legally in the United States. In Pennsylvania for instance, the Commonwealth Court applied the Immigration Reform & Control Act of 1986 to the Pennsylvania Workers’ Compensation Act. In Reinforced Earth Co. v. WCAB, the court held that an illegal alien was not precluded from receiving workers’ compensation benefits solely because of his or her immigration status. The court further concluded that public policy would not be served by denying benefits to an illegal alien merely because of his or her immigration status. Moreover, the court held that allowing employers to deny workers’ compensation benefits to illegal aliens would provide employers with more incentive to hire illegal aliens in the future.

Similarly, in the state of New York, under Section 17 of their workers’ compensation statute, aliens are to be considered in the same light as lawful residents of the United States and should therefore be awarded workers’ compensation benefits when necessary. The awarding of workers’ compensation benefits to aliens should be consistent with the New York workers’ compensation statute awarding such benefits regardless of any question of wrongdoing of any kind. (Testa v. Sorrento Restaurant Inc.)

In the state of Virginia, however, the Supreme Court of Virginia reached a contrary result. In the case of Jose Granados v. Windson Development Corp., the court affirmed the decision of the Workers’ Compensation Commission denying benefits to claimant Jose Ismael Granados because of his illegal immigration status. Because the claimant at his hearing admitted that he had submitted false documents to his employer in order to secure employment, the Workers’ Compensation Commission denied his claim. The Supreme Court of Virginia affirmed this decision. Needless to say, this decision by the Supreme Court stirred significant public debate on the issue, leading the local Virginia Legislature to amend certain sections of its workers’ compensation statute in order to avoid this type of result in the future.

Should illegal aliens be denied workers’ compensation benefits solely because of their immigration status? Should employers be given an incentive to continue hiring illegal aliens by denying these individuals workers’ compensation benefits? It appears that some states are now moving toward awarding such benefits to illegal aliens even though they are not lawfully authorized to work in the United States. It seems that denying workers’ compensation benefits to illegal aliens would appear to be contrary to public policy. Stay tuned for more developments on this issue.

Rob C. Tonogbanua, Esq.
Dickie McCamey & Chilcote, P.C.
www.dmclaw.com

Muni Court Judge Agrees to Settle Ethics Dispute Over Defunct PAC

By Amaris Elliott-Engel
Of the Legal Staff

The Philadelphia Board of Ethics, a Philadelphia judge and the treasurer of political action committee started by the late political power broker Carol Campbell have settled a case that could have turned into a test of daily penalties assessed under the city's Ethics Code.

Philadelphia Municipal Court Judge Thomas Nocella, whose interim appointment expires at the end of the year, along with a second person have agreed to pay $16,440 of a $39,000 judgment entered against a political action committee they both worked for in order to settle a Sept. 9 court order finding Nocella and Ernesto DeNofa were in contempt of two prior court orders by Common Pleas Judge Gary F. DiVito, the Philadelphia Board of Ethics announced Wednesday.

Nocella, pro bono counsel to the Appreciation Fund political action committee, and Ernesto DeNofa, treasurer of the Appreciation Fund political action committee, agreed to make the payments to extinguish DiVito's order, which concerned a campaign finance filing report violation.

The PAC failed to file an electronic version of its annual report of its receipts and expenditures with the board on Jan. 31, 2007, according to the settlement release.

The PAC had $16,440 in its bank account before Nocella and DeNofa began making payments from the fund, despite a June 1, 2007, court order directing the fund to pay a $39,000 fine for not filing its annual campaign finance report, according to court papers. The payments included a $10,000 donation to the "Friends of Carol Ann Campbell" PAC, a $13,550 payment to a catering company owed a bill by the "Bob Brady for Mayor" PAC and a $2,500 payment to Nocella.
Samuel C. Stretton, Nocella's attorney, and Daniel A. Rendine, the attorney for the PAC and DeNofa, said the statute could have provided a test of the court finding that a $1,500 fine could be levied for every day that a campaign finance violation of Philadelphia's ethics statute persists.

Stretton said the state law on penalties for late campaign finance filings might pre-empt Philadelphia's ethics statute.

Rendine argues that the Board of Ethics had no legal authority to ask for a per diem fine. Rendine argued in a motion for reconsideration of DiVito's Sept. 9 order that "the framers of the ethics rules chose not to impose per diem fines. The only reasonable and sensible conclusion is that there is no authority anywhere to permit a court to impose a daily late fee."

However, Stretton said the objection to daily penalties might have been waived because Nocella and DeNofa had not appeared at some hearings.

Stretton framed the case as a clash between the regulatory power of the Board of Ethics and "those old days when political chairman told people to pay money, they did it." 

It was in Nocella's interest to settle the case because he hopes to be reappointed as an interim judge and run for a full term as judge in the future, Stretton said. Nocella was appointed to serve an interim term on the court late last year but did not secure nomination in the primary this spring.

The Board of Ethics noted in a press release that $22,560 of the $39,000 judgment against the PAC is still owed.

Both Rendine and Stretton said the PAC is being disbanded and the rest of the judgment probably won't be paid.

A call to J. Shane Creamer Jr., executive director of the Board of Ethics was not returned Thursday.

Kessler Goes Before Congress Today for Spot on U.S. Board

By Gina Passarella
Of the Legal Staff

Alan Kessler’s Senate confirmation hearing today may not be as closely followed or contentious as U.S. Supreme Court Justice Sonia Sotomayor’s, but the board he’s trying to keep a seat on is facing substantial, national challenges that will keep the Duane Morris partner’s docket quite busy.

Kessler is going before the Senate Finance and Government Relations Committee today for a hearing on his nomination to a second term on the Board of Governors of the U.S. Postal Service.

He said he expects this process to go much more smoothly than the first time around when he was appointed by President Clinton in 1999 and a Republican Congress slowed up confirmation hearings for more than a year. The fact that he received a hearing this time around only about a month after President Obama nominated him to the post shows this process would be quicker, he said.

Kessler’s first appointment was for a nine-year term with one holdover year, which concludes at the end of December. The positions have since changed, and his second term would be for seven years. Kessler has served as vice chairman of the board for three years and chairman for a year.

Though he said the position requires “a tremendous amount of time,” Kessler said, “When you get a call telling you the president wants you to do this, it’s hard to say, ‘Jeez I’ll be busy.’”

Serving on the board will be a great challenge, Kessler said. The service lost $2.4 billion in the last quarter alone.

“The Postal Service, unlike other federal agencies, doesn’t require or doesn’t exist on congressional appropriations,” Kessler said.

It exists through selling postage and the service is facing a huge drop in volume as people send “letters” via e-mail and pay their bills online rather than mailing them in, he said.

“It’s extraordinarily interesting,” Kessler said. “For a lawyer that litigates and does government relations, being in a position like this, overseeing a $70 billion-a-year enterprise, I’ve learned as much from this” as anything else.

The problems facing the board, and Kessler’s experience dealing with them, are nothing new. When he first started, the Postal Service had to handle losing one of its biggest facilities in New York during the terrorist attacks of Sep. 11, 2001. Then there was anthrax. Then there was Hurricane Katrina and the damage it did to mail delivery system in that region and now there is another recession putting pressure on the institution.

Kessler said the board is working on ways to make the Postal Service healthier. That includes looking at accounting methods for retiree health benefits and moving from a six-day delivery system to a five-day system.

“We’re trying to make this a healthy institution and do so in the face of really tremendous challenges,” he said.

Kessler has been involved in a number of national political campaigns, most recently serving as the Pennsylvania finance chairman for the Hillary for President campaign in 2008.

Family Business Planning in High Gear

The combination of continued low interest rates, a struggling economy and uncertainty about taxes makes planning important right now.

IRS interest rates used in valuing various kinds of gifting techniques fell again in November, making the use of Grantor Retained Annuity Trusts, for example, more valuable. And compared to the situation a few years ago, they are far more effective. Many commentators suggest that interest rates will begin to rise, and it's difficult to see how they could go any lower. Eventually, we'll return to an interest rate regime that is closer to normal, if we still know what normal is. The hope is that rates don't fly past normal to the levels seen in the late 1970s. But for now, methods of transferring business interests, which are generally done within family units, are more efficient with the current historic low rates.

Valuations of business interests are also low right now. Few businesses have escaped the economic downturn. A valuation done now will certainly emphasize the most recent past, and that will lead to lower valuations. Lower valuations mean that more business interests can be transferred within the constraints of the limits imposed by the federal gift tax. Lower interest rates also lead to lower valuations. Many believe that the recession has ended, and that there is reason for belief that next year will bring a strong recovery. That is, of course, similar to what President Hoover said in 1930, but perhaps history won't repeat. But right now, for most businesses, valuations have probably hit lows that won't be seen again for many years. So healthy businesses suffering a cyclical downturn are ideal candidates for transfers right now.

The bizarre result enacted into the federal estate tax law, repeal for 2010 and then a return of the tax at higher rates and a lower exemption in 2011, is now about six weeks away. No one believed that this taxation scheme made any sense, or that Congress wouldn't fix it long before now. We now hear discussion of a one-year fix in the statute, continuing the 2009 law into 2010. But that needs to happen soon. And, although there have been some general proposals regarding changes in the federal estate, gift and income tax law, we have yet to see anything really concrete from the administration. It might be that change is coming in 2010, but for now we have the existing law, with many good planning techniques, intact. So, for a third reason, balancing the certainty of current law against the uncertain future, now is the time for family business planning. 

Robert H. Louis
Saul Ewing
http://saul.com

Judge Diane Welsh Details Qualities That Distinguish Successful Women—Part II

Judge Diane Welsh shared some strategies for success at 2009 Pennsylvania Bar Association Commission on Women in the Profession Annual Retreat. The following are her remarks continued from Part I.

“ To succeed in our new world, we will have to step outside our comfort zones and make crucial changes to our work styles. I’d like to use our brief time together to share with you some observations I’ve made over the course of my career watching and studying powerful women.  I offer you my candid advice, for whatever it is worth, about what I believe are the qualities that distinguish the successful women who become our leaders.   

Accentuate the positive -The greatest enemy of success is negativity in any form: fear of failure, jealousy, feelings of inferiority and anger. Keep your mind positive, refuse to criticize others, remove yourself from petty squabbles and stay above the fray. For people to have confidence in you as a leader, they must trust and respect you. Successful women do not gossip, backstab, reveal confidences or badmouth people. They don’t overreact or react emotionally. Women leaders are open minded, focused, enthusiastic, energetic, decisive and imaginative problem solvers. They project optimism and display good humor in the face of opposition. Successful women take responsibility for their actions, support their colleagues, handle disagreement and criticism and treat their subordinates with dignity and respect.

Keep your private life private - When you come to work, leave your troubles at the door. There is no room for moodiness in the office. It’s never safe to assume that when you tell someone something in confidence it will remain so. Never discuss potential job interviews, salary issues, client problems, or personal feelings about co-workers or superiors. You are in a competitive environment and people may use the information to gain an advantage over you. 

Don’t act like a victim – Eleanor Roosevelt said: “A woman is like a tea bag. You never know how strong she is until she gets into hot water.” If you make a mistake, don’t be defensive, evasive or blame someone else. Admit the error, and make it clear it won’t happen again. But don’t be overly apologetic – it could be viewed as weakness. Management just wants to find a solution to fix the problem and move on. If a supervisor criticizes you, don’t take it personally. As Roosevelt also said “No one can make you feel inferior without your consent.” If you want to be a leader, never, ever think of yourself as a victim. 

“Avoid envy of another’s promotion or recognition. Instead, congratulate him or her and offer to provide whatever support and assistance you can. Being gracious is always more attractive than being catty. Negativity can only detract from your enjoyment of your own achievements. Thoroughbreds run their own race. They maintain their focus with blinders, not worrying about what the other horses in the field are doing. They run straight ahead towards the finish line. Be a thoroughbred!

“When dealing with an opposing counsel or party, whether in litigation or on the other side of a negotiation or transaction, strive to understand and respect the other side’s perspective. Don’t try to steamroll over them or act as though you are smarter, tougher or better than they are. Today’s adversary may very well be tomorrow’s judge, or because of a law firm merger, tomorrow’s senior partner.  

“Just because you’re the boss doesn’t mean you have to be bossy. You can’t dictate loyalty – you must build it. Recognize the contributions of your subordinates and express appreciation with words and deeds. Mentor, support and encourage junior professionals – both female and male. You can’t be a leader without followers. If you treat people as a critical part of your team they will think of you as their captain. Empower them by delegating meaningful work. When people are invested in a project, their success becomes your success and then you’re on your way to becoming a leader.  Be friendly and complimentary to administrative staff you encounter internally and externally. In many organizations the most important person to impress is the chairman’s secretary. 

“Look for others to mentor you. But don’t hitch your wagon to one star. It’s highly unflattering to be viewed as someone’s sidekick and can ultimately put you in a vulnerable position.  It is a far more effective to learn the culture and politics of your firm and then create a broad base of alliances at upper, middle and lateral levels.

"Where you are heading and where you will end up will first and foremost be determined by what you do or fail to do. To be successful you must have clear and specific goals – both short term and long term – and an intense burning desire to achieve them. In other words, you have to know what you want, determine the price you will have to pay to achieve it and then get busy paying that price. Think of yourself as self-employed regardless of who signs your paychecks. You are your own professional corporation.

“You can’t make it rain unless you are willing to get wet. Knowledge, talent and effort are the building blocks of a successful career, but make no mistake about it; personal relationships are the cement that holds it together. Of course, you must have excellent legal skills. But it is naïve to think that you will be judged solely by the quality of your work. Many women have the misguided belief that if they work hard and do their job well people will notice. It’s the “Good Girl Syndrome” – sit in class, get good grades and success will come knocking at your door. It doesn’t work that way in the real world.  

“In the new model for law firms, it is essential for associates to be able to develop business. If you want to advance in the upper echelons in the private practice of law you will need to make business development a priority. As a younger associate you are not expected to bring in a Fortune 500 company as a client. But generating even a small dollar amount of business proves that you have the potential to become a rainmaker. You have to make time to develop important contacts and key relationships. 

“Business opportunities result from sustained relationships that are nurtured over time. Men have always known this. Women complain about the “Old Boys’ Network” but many do nothing to infiltrate it. Networking takes time, but if your goal is to be a leader in this profession it has to stay at the top of your “To Do List.”  As you gain confidence and skill, you will view it as a dynamic and rewarding process. When done correctly and strategically, networking makes you and the people you encounter feel good. People like to do business with people they like. Perhaps women have avoided networking because the word itself has taken on a pejorative connotation as something phony or manipulative. If instead you think of it as nothing more than making friends, becoming well know in a variety of circles, being popular and well liked – that’s surely not so bad!

“The first place to start networking is within your firm. Be a ‘Worker Bee.’ Volunteer to serve on committees, work on special projects and event planning. Management will notice and will view you as being invested in the success of the firm and as a team player. Next, strategically decide on the outside organizations you want to participate in. Don’t join something because you think it will look good on your resume. Don’t join too many groups just to be a member. Be selective and join those that you can enthusiastically support. Attend their events, serve on committees and be visible. Become an ambassador for the organization and work your way up to a leadership position. Don’t limit yourself to legal associations; participate in a general business organization, such as the Forum of Executive Women, or the Chamber of Commerce. These groups can be particularly stimulating and refreshing as they expose you to professionals in a wide variety of businesses. You will meet energetic, sociable and interesting people who are the current and upcoming leaders in our business community. And one of your activities should be a public interest, charitable organization or an alumnae society. Very successful people take pride in their philanthropy. It is important to give back to the institutions and the people who have helped you to get where you are.”

Look for part three of this series later this week.

Gina F. Rubel, Esq., is the owner of Furia Rubel Communications, Inc., a public relations and marketing agency with a niche in legal communications. A former Philadelphia trial attorney and public relations expert, Gina is the author of Everyday Public Relations for Lawyers and the co-author of 6 Essentials for Success in Business and Life. Gina and her PR firm have won numerous awards for legal communications, public relations, media relations, strategic planning, corporate philanthropy and leadership. She maintains a blog at www.ThePRLawyer.com and is a regular contributor to The Legal Intelligencer Blog. You can find her on LinkedIn at www.linkedin.com/in/ginafuriarubel or follow her on Twitter at http://twitter.com/ginarubel.  For more information, go to www.FuriaRubel.com.

New Deadline Set for Superior Court Recount

By Amaris Elliott-Engel
Of the Legal staff

At the request of the one Republican candidate in striking distance of the presumptive Democratic winner of the fourth Superior Court slot on the ballot this year, Pedro A. Cortes, Pennsylvania secretary of the commonwealth, has extended the deadline to determine if there will be a recount in the race until 4:30 p.m. Friday.

Republican candidate Temp Smith, an Allegheny County attorney, wrote in a letter -- sent just before the noon Thursday deadline for the Superior Court candidates within one-half of 1 percent of presumptive winner Anne Lazarus to provide notice if they want a vote recount -- that he had not yet received official notice of the department's re-canvassing of the vote. Smith said it "is impossible for me to decide whether or not to waive the recount without a certification of all the votes."

In response to Smith's letter, Cortes wrote that the Election Code does not allow him to order a statewide recount beyond tomorrow and that a recount must proceed on unofficial returns rather than waiting for certification of election returns.

Cortes also wrote that the department made a good faith effort to reach Smith on Tuesday.

"Despite repeated attempts to reach you by telephone on Tuesday, the department was unable to obtain electronic means to communicate with you," Cortes wrote. "However, we understood that you had been in frequent contact with legal counsel for the Republican State Committee, Lawrence Tabas."

Smith has not returned calls today.

The gap between Smith and Lazarus' vote total has widened to 4,015 votes. Two other Democratic Superior Court candidates, including Robert J. Colville, who is trailing Lazarus by 2,256 votes, have decided against seeking a recount unless Smith seeks a recount.

Republican candidates Judy Olson, an Allegheny County Common Pleas judge, Sallie Mundy, an attorney from Tioga County, and Paula Ott, president judge of the Chester County Court of Common Pleas, won the other Superior Court seats.

FJD Hopes to Clear Up Child Support Warrants With Amnesty Program

By Amaris Elliott-Engel
Of the Legal Staff

Philadelphia Court of Common Pleas' trial division aims to reduce the 5,100 outstanding warrants for defendants who are in arrears on child support by offering five days of amnesty during which defendants can turn themselves in.

Judge Margaret T. Murphy, supervising judge of the family division's domestic relations branch, said that 90 people showed up for the amnesty program this morning.

Murphy said the defendants have warrants for their arrest lifted, but they do not receive amnesty on the money they owe. Defendants participating in the program will be viewed more favorably by the court in contempt hearings that could send the defendants to jail after an assessment of the defendants' current ability to pay back child support, Murphy said.

A similar program was held in 2003 and 2005. When the program was held in 2005, there were more than 10,000 warrants outstanding and 1,000 people surrendered during the weeklong program, Murphy said, so she said a few hundred people showing up this year would be a more realistic expectation.

During the five days of amnesty that will continue through next Wednesday, the pretrial services staff is not serving warrants, and instead defendants will go before trial commissioners to have a court date set to get them back in line with paying child support, Murphy said.

Defendants also can take advantage of a networking for jobs program that can connect them to employment opportunities, Murphy said.

Under the amnesty program, defendants also can have the opportunity to reconnect with their children.

"You don’t want to put the wedge between parents of children," Murphy said. "If you're an absconder you're also interfering with the ability to see the child who is subject to the support order."