Westmoreland Bar Association

PBA-Supported Child Custody Bill Passes House

2010-06-24T13:04:00.001-04:00

House Bill 1639, sponsored by Rep. Kathy Manderino (D-Montgomery and Philadelphia), was passed by the House 191-0 on June 14. The bill, which the PBA vigorously supported, amends Title 23 (Domestic Relations) and Title 42 (Judiciary) to comprehensively revise Pennsylvania's child custody laws. The legislation specifies that custody awards must be based on the best interest of the child. Best interest determinations must be based on consideration of all relevant factors, a number of which are specified, and weighted consideration must be given to factors that impact the child's safety. The court must state its reasons for the custody decision on the record. The bill also includes a framework for a court to use when making decisions in child relocation cases.

Additional information on the bills, as well as other legislation and state Capitol happenings of interest to the PBA, is available by e-mailing the PBA Legislative Department and by checking the PBA Legislative Boxscore.

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PRLawyer.com - Great Site for Marketing Strategies

2010-06-15T13:23:00.004-04:00

Looking for tips on how to market yourself or your firm?

Head over to the "PR Lawyer"

www.prlawyer.com

Recent topics include...

- Updates on LinkedIn policies
- How to Monitor Your Online Reputation
- Tips on Firm Photos and Headshots

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Westmoreland County Rules Change

2010-01-22T17:11:00.001-05:00

CIVIL RULES CHANGES

Per an Order of Court dated November 10, 2009, Westmoreland County Rules of Civil Procedure W1915.4-3(a) and W1915.15 were rescinded and new Rules

W1915.4-3(a) and W1915.15 were adopted, effective December 28, 2009.

ORPHANS¹ COURT RULES CHANGES

Per an Order of Court dated September 17, 2009, Westmoreland County Rules of Orphans¹ Court WO301 and WO302 were rescinded and new Rules WO301, WO302, WO303, WO304, and WO305 were adopted, effective November 2, 2009.

Westmoreland County Rules of Court are available on our Web site at

http://www.westbar.org/local_rules.

PBA President Testifies Before House Judiciary Committee

2010-01-07T11:23:00.000-05:00

The following article was copied from the January 4, 2009 PBA E-News:

PBA President Testifies Before the House Judiciary Committee

On Dec. 29, by invitation, PBA President Clifford E. Haines testified before the House Judiciary Committee on bills and issues supported by the PBA that are now before the committee. Specifically, President Haines testified as to the bar's position in favor of the following measures:

House Bill 1956, sponsored by Rep. Glen Grell (R-Cumberland), the Revised Uniform Arbitration Act, which updates the Uniform Arbitration Act promulgated by the Uniform Law Commission in 1955 and adopted in Pennsylvania;
HB 967, sponsored by Rep. Mark Cohen (D-Philadelphia), which amends the Adoption Act to include several additional grounds for termination of parental rights, thereby helping to foster permanency for children and consistency with the Juvenile Act and the federal Adoption and Safe Families Act;
Senate Bill 628, sponsored by Sen. Mary Jo White (R-Venango), which prohibits the imposition of the death sentence in cases of mental retardation, defines mental retardation and specifies relevant procedures;
Merit selection of appellate justices and judges in Pennsylvania, presently called for by HB 1619 and HB 1621, sponsored by Rep. Matt Smith (D-Allegheny), noting that the PBA requests, as the organization designated by the Pennsylvania Supreme Court as most broadly representative of the interest of lawyers in Pennsylvania, that it have identified representation on any commission that selects qualified individuals to be appellate justices and judges;
HB 1079, sponsored by Rep. Ronald Waters (D-Philadelphia), which increases juror compensation from $9 daily for the first three days and $25 daily thereafter to $40 daily; and
HB 1411, sponsored by Rep. Eugene DePasquale (D-York), which bans the use of live animals for targets at trap shoots or block shoots;

Haines also discussed the formation of a PBA commission to study the need for state constitutional revision.

Additional information on the bills, as well as other legislation and state Capitol happenings of interest to the PBA is available by e-mailing the PBA Legislative Department and by checking the PBA Legislative Boxscore.

Pictured at right is Haines with members of the House Judiciary Committee.

iPhone tricks, tips and apps for attorneys - Webinar

2010-01-05T11:16:00.002-05:00

The following webinar offer was emailed to Michael V. Quatrini last night:

iPhone Tips, Tricks and Apps for Lawyers

Friday, January 8th at 1:00 EST

Register At - http://execsense.com/details.asp?id=433 or Call (415) 453-3003

In iPhone Tips, Tricks & Apps for Lawyers, ExecSense shares quick and easy ways to
truly capitalize on all that an iPhone has to offer for a lawyer. Take the 60 minutes to
view this webinar (on your computer, mobile phone, iPod or printed out) to update your
knowledge on how other lawyers are getting the most out of their iPhones, as many
features, settings and new applications are not used by lawyers that can significantly
improve it's value to you as a resource, as long as you know how to use them.
If you cannot call-in to attend the webinar and view the presentation at 1:00 EST Friday,
January 8th, ExecSense will email you the PowerPoint, audio and supplementary files by
the next day for viewing at your convenience (you simply need to register before the
webinar occurs). The webinar is led by Ahmer Khan, an expert on helping lawyers get
the most out of their iPhones, and focuses on:

A tour of your iPhone, specifically for lawyers, with suggestions, tips and tricks on
doing more with your email, phone, contacts, messages/sms and calendar

A list of 15 must-have applications for lawyers, how to easily install and use them,
and why it will immediately make you more productive and efficient while away
from the office.

Price: $250 (1 Person) or $500 (Access All Webinars for 1 Year & Free Pass for
Colleague to Attend This Webinar)

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ACBA Articles on Netbooks / Law Firm Websites

2009-12-23T11:26:00.000-05:00

The December 18, 2009 edition of the Lawyer's Journal, a weekly publication of the Allegheny County Bar Association, had two interesting articles on legal technology:

- Netbooks Offer a Lightweight and Wireless Computer Option (page 5)

- Law Firm Website Basics: From Design to Content (page 6)

Read both articles here:

http://www.acba.org/ACBA/Publications/Lawyers-Journal.asp

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The North Face Sues The South Butt for Trademark Infringement

2009-12-21T12:25:00.001-05:00

Article originally published on ABA Journal Online:

The North Face Apparel Co. has filed a trademark infringement suit against a teen who started a company called The South Butt to help pay for college.

The North Face’s tag line is “Never Stop Exploring'' while The South Butt sells products with the tag line “Never Stop Relaxing,” according to the Associated Press. The South Butt’s founder, Jimmy Winkelmann, has said the fleece jackets and other clothing sold by his company are intended to mock people who wear brand-name clothing sold by outfitters like The North Face, the Missourian reports.

Read the entire article:

http://www.abajournal.com/weekly/article/the_north_face_sues_the_south_butt_for_trademark_infringement

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REMINDER: December Inns of Court

2009-12-07T16:31:00.000-05:00

The December Inns of court meeting is set for this Thursday December 10th at
5 pm.

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DUI Holiday Crackdown

2009-12-07T12:45:00.001-05:00

"Police nationwide will begin a crackdown on drunken driving Dec. 16, the U.S. Department of Transportation announced today.

A $7.5 million advertising campaign will try to discourage drinking and driving during the holiday season. In Pennsylvania, the Operation Safe Holiday program is in effect this month, with state police and 600 municipal forces participating in an effort to curb drunken driving, speeding and aggressive driving.

The organization Drive Safe Pa. pointed out that a DUI citation costs more than $1,000 plus court costs.

Last year, 11,773 people died nationally in crashes involving a driver whose blood alcohol level was 0.08 or higher. That represented a 9.7 percent decrease compared with 2007.

DUI deaths also declined in Pennsylvania, from 504 in 2007 to 496 last year. Those deaths made up 34 percent of crash fatalities in the state.

The nationwide crackdown continues through Jan. 3."

Read more: http://www.pittsburghpostgazette.com/pg/09341/1019082-100.stm#ixzz0Z1gZZgO7

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Supreme Court Debates Beach Ownership/Access

2009-12-02T12:47:00.002-05:00

Florida property owners asked the U.S. Supreme Court to decide if that state's efforts to restore eroded beaches was a challenge to their property rights. The case has widespread implications for coastal communities nationwide that confront beach erosion.

http://www.washingtonpost.com/wp-dyn/content/article/2009/11/23/AR2009112303930.html

Listen to the story:

http://www.npr.org/templates/story/story.php?storyId=121030772

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ABA Journal Reviews Google Scholar

2009-11-30T12:51:00.002-05:00

By Debra Cassens Weiss

Users can go to the Google Scholar online search engine and type in case names, topics or key words to find the relevant cases. “We think this addition to Google Scholar will empower the average citizen by helping everyone learn more about the laws that govern us all,” Google says in an announcement posted at TaxProf Blog.

http://www.abajournal.com/news/article/google_offers_legal_research_for_the_average_citizenand_lawyers_too

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December Happenings at the WBA...

2009-11-23T09:47:00.000-05:00

Holiday Dinner Dance - Just TWO Weeks Away
When: Saturday December 5th, 6 pm
Where: Westmoreland Country Club

Join us as we recognize two of our judges: Judge Ackerman and Judge Ober, who will retire from the bench of the Court of Common Pleas of Westmoreland County at the end of the year.

The Westmoreland Bar Association, Ned J. Nakles American Inn of Court, and Westmoreland Academy of Trial Lawyers will honor Judge Ackerman and Judge Ober with a brief program, to be followed by the music of Lavelles. R.S.V.P. by November 25, 2009. More information and registration information.

Dinner with Santa

Date: Wednesday December 9th
Time: 5:30 pm - 7 pm
Place: WBA headquarters

Bring your favorite little ones to celebrate the season and to have a Kids friendly dinner with a real-live "WBA" Santa.

This event is a hit with our members and their families because the setting is cozy and inviting with no crowds and lots of opportunities to take photos.

All children get plenty of time to sit with Santa and tell him their Christmas wish list. Crafts, food, drink and the big jolly guy! Who could ask for more? Oh yeah, and it is FREE!

Don't forget to let us know if you are coming and who you are bringing. Santa may read minds but we can't.

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Google Scholar: The Next Westlaw/Lexis Nexis?

2009-11-19T09:48:00.001-05:00

Looking for that hard to find court decision or administrative ruling? Maybe it is outside your subscription? Google Scholar may be your answer. Even better...it is free.

http://scholar.google.com/

Simply type in the case and/or citation you are looking for and hit the "Search" button and a list of potential websites with that citation or case will soon appear. Although the service is not perfect, and may not have a lot of specialized holdings, it is a promising tool.

Read more about the service here.

Thanks to WBA Member Christopher Watson for sending this concept to the WBA Blog!

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The Jefferson Bottles: Fraud in the High Priced Wine World

2009-11-05T20:39:00.006-05:00

This articles was written by Patrick Radden Keefe and originally published in the New Yorker.

The most expensive bottle of wine ever sold at auction was offered at Christie’s in London, on December 5, 1985. The bottle was handblown dark-green glass and capped with a nubby seal of thick black wax. It had no label, but etched into the glass in a spindly hand was the year 1787, the word “Lafitte,” and the letters “Th.J.”

The bottle came from a collection of wine that had reportedly been discovered behind a bricked-up cellar wall in an old building in Paris. The wines bore the names of top vineyards—along with Lafitte (which is now spelled “Lafite”), there were bottles from Châteaux d’Yquem, Mouton, and Margaux—and those initials, “Th.J.” According to the catalogue, evidence suggested that the wine had belonged to Thomas Jefferson, and that the bottle at auction could “rightly be considered one of the world’s greatest rarities.” The level of the wine was “exceptionally high” for such an old bottle—just half an inch below the cork—and the color “remarkably deep for its age.” The wine’s value was listed as “inestimable.”

http://www.newyorker.com/reporting/2007/09/03/070903fa_fact_keefe

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What Have You Done About Employee Use of Facebook and Twitter?

2009-11-04T21:51:00.002-05:00

The following was posted on the Legal Intelligencer Blog by Eric B. Meyer

"A few months ago, I had a blog post about social media policies. I had already developed a few of these policies for clients, as well as our firm’s social media policy. Confident that I knew my stuff, my blog post focused on the rules and restrictions that form the backbone of a great social media policy."

http://thelegalintelligencer.typepad.com/tli/2009/11/what-have-you-done-about-employee-use-of-facebook-and-twitter.html

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Law Practice Management - Discussing Healthcare Options

2009-11-02T11:40:00.001-05:00

Let's Discuss Your Healthcare Options...

Panera Morning

westmoreland bar association

DATE: Wednesday November 4th

TIME: 8:00 - 9:00 am (or so)

LOCATION: Panera Bread, Route 30, Hempfield Plaza

I know you wanted to join us last month for coffee because you really are struggling with all of those nasty issues: bookkeeping, staff, time management, insurance and taxes, but you thought that 7:30am was a little early.

OK, here's your second chance. We are going to get together at 8:00 am, this Wednesday, November 4th at Panera Bread in the Greengate Plaza.

One of the issues we talked about is health insurance so we will have Bob Swann, a health insurance broker available to answer questions. We'll talk about the other stuff too and exchange ideas about good resources.

Mark your calendar, or phone, or PDA and join us.

Come on in.... it is still raining.

Becky Brammell, Co-chair, Law Practice Mngmt Committee

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Getting Law Firms to Like Commercials

2009-10-15T21:42:00.000-04:00

Maria Aspen of the New York Times tackles the always controversial topic of television advertising.

TELEVISION advertising has long been frowned on in the legal profession, as it can conjure images of ambulance-chasing personal injury lawyers and, in some cases, can run afoul of state laws. But a new partnership between a prominent legal directory and an Internet-based advertising agency is trying to overcome these negatives.

http://www.nytimes.com/2007/06/19/business/media/19adco.html?_r=1

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Technology Tip: Internet Cookies - Good or Bad?

2009-10-07T15:06:00.002-04:00

When you access a website, the site usually (but not always) collects information about your visit, storing it in a small text file on your computer called a cookie. You may even be prompted with a remember me on this website. On each subsequent visit, the website retrieves this information from your hard drive, with the idea of personalizing your visit based on previously expressed preferences or browsing history. After each visit, the cookie is updated and stored again on your hard drive.

Cookies typically contain information such as language preference, previously entered options for number and arrangements of items to display, perhaps the contents of an unfinished shopping cart, and so on. Cookies from legitimate websites do not store information such as login user names or passwords or personal information such as social security numbers or credit card information. Note, however that some websites do use cookies to implement (Keep me logged in or (Remember my password on this computer) features, without actually storing the confidential information within the cookie itself.

Cookies themselves are not harmful; they contain no executable code, cannot become infected, and cookies never run on your computer. They do bring up privacy concerns, however. When you access an Internet site, that website can access ALL of the cookies on your computer, not just the site you're currently visiting. This allows, for example, websites such as Google or Yahoo, to determine which websites you've previously visited in order to customize the display of their own sites. A shopping website may be able to determine recently searched for items from other shopping sites. Websites can also share cookies with each other and read and write each others cookies.

Cookies are easily disabled, but be aware that some Internet pages will not work without them, and some sites will deny you access unless you enable cookies. In Internet Explorer 7 or 8, click on Tools, Internet Options, select the Privacy Tab and then click on the Advanced button. Check the box to override automatic cookie handling, then decide to accept, block, or prompt each time when a website wants to store a cookie on your computer. Note that third-party cookies are created in situations where, for example, you visit msn.com, but the MSN site includes content embedded from another website, and that site (the third-party) stores a cookie on your computer. Session cookies are those that are used while you browse from page to page within a single website - otherwise, you could add items to a store shopping cart (for example) but the items would be gone by the time you¹re ready to go to the checkout page.

You can delete existing cookies by clicking on Tools, Internet Options, and in the Browsing History section of the General tab click on the Delete button. Cookies will be individually recreated the next time you visit the originating websites.

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Looking for a New Phone System?

2009-10-02T10:29:00.000-04:00

Looking for New Phone System? We can help...

The WBA has recently purchased a new phone system called "ESI." It is easy-to-use, easy-to-program and was very cost competitive.

If you are in the market for a new phone system, you are invited to attend an information session* on October 13th at 5:30 at 911 Nerds (Gabriel Plaza, Route 30). Come learn about features that include live call recording, auto attendance, voice mail to email, and dictation features.

Call 724-836-1162 to make a reservation and get directions. Complimentary dinner will be served.

* This is not a WBA-sponsored event.

ABA Online: How a Solo Gained More than 600 Facebook Fans for His Fledgling Firm

2009-09-28T10:55:00.001-04:00

The following article was written by Debra Cassens Weiss and posted by ABA Journal Online

A solo practitioner in Massachusetts who struck out on his own about six months ago already has more than 600 Facebook fans for his law firm.

Solo lawyer Richard Vetstein tells the ABA Journal that the accomplishment, touted in a press release, has “absolutely” brought in new business. His goal was to promote his new law firm, the Vetstein Law Group in Framingham, and his blog, the Massachusetts Real Estate Law Blog.

Read the entire article here

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PBA Legislative Alert: Court Filing Fee Legislation Passes the House

2009-09-25T10:26:00.002-04:00

The following was received via email from the PBA:

HB 1861, sponsored by Rep. Thomas R. Caltagirone (D-Berks) amends Title 42 (Judiciary) further providing for deposits into account by imposing a court filing fee increase of $23 to be charged and collected for a period of 25 months to supplement the $10 additional fee already existing. The bill outlines how both fees are to be dispersed. On Aug. 19, a floor amendment authored by Rep. Ron Marsico (R-Dauphin) was adopted which reduces the surcharge from $23 to $17 and makes changes to the apportionment of the surcharge. The amendment also increases the fee for issuing a marriage license or declaration from $3 to $28 of which $2.50 shall be retained by the county where the license is issued and $25.50 shall be remitted to the Commonwealth of which $25 shall be forwarded to the Department of Public Welfare for use for victims of domestic violence. The amendment also adds a new section in Title 42 (Judiciary) providing a fee of $15 shall be charged for the commencement of an action for divorce or an action for annulment of marriage, and the money collected shall be forwarded to the department for use for victims of domestic violence.

HB 1861 was voted favorably out of the House on Wednesday, Sept. 16 by a vote of 145 to 52. It was received in the Senate and referred to the Senate Judiciary Committee on Thursday, Sept. 17.

The PBA supports full funding for the courts through the General Fund budget; however, in the absence of adequate funding, the PBA supports a court filing fee increase of a reasonable amount, but not to exceed $12, for a period of not more than two years in order to fund the gap in judiciary funding.

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Tips for Young Lawyers: Keep Your Resume Honest

2009-09-24T11:54:00.002-04:00

The following was written by Deborah Ben-Canaan and Martha Fay Africa
for The Recorder on September 22, 2009

In the age of e-resumes and data systems that store millions upon millions of historical documents, recruiters and employers now have the ability to look longitudinally at information in resumes provided by candidates over many years and map the "content drift" of this information. This provides an entirely new way of determining a candidate's veracity when it comes to his or her employment history.

Read the full article here

Reminder: Annual Fall Gathering

2009-09-22T11:50:00.000-04:00

Annual Fall Gathering, Latrobe Country Club

Please join us for a fun, casual evening of music, conversation and dining.

The Westmoreland Bar Association cordially invites you and your guests to a Fall Gathering.

We have invited the Medical Society members to join us for this event. If you have friends who are doctors, please encourage them to join us for the evening.

$30 Per Person, Cash Bar
Hors d’oeuvres 5:30 p.m.
Dinner 6:00 p.m.

Entertainment: String Ensemble by Chelsea and Natalie Medic

R.S.V.P. by September 25, 2009.

When

October 3rd, 2009 5:30 PM through 9:30 PM

Event Fee(s)

One reservation	$ 30.00
Two reservations	$ 60.00
Three reservations	$ 90.00
Four reservations	$ 120.00

"Get Help Now" Program Praised

2009-09-20T11:58:00.001-04:00

The following was sent via PBA E-News

'Get Help Now, Pennsylvania' and 'Wills for Heroes' Earn Praise at National Day of Service and Remembrance Event in Pittsburgh

Gov. Edward G. Rendell has praised lawyer volunteers for their time and commitment to providing community service through "Get Help Now, Pennsylvania."

During the Get Help Now, Pennsylvania program, legal and financial volunteers at 19 locations throughout the state provided free assistance and referrals to Pennsylvanians who have been affected by the financial downturn. During the 10-week program, more than 800 state residents received help from more than 1,000 legal and financial professionals who gave a combined 5,000 hours of voluntary service.

"We are grateful to the Pennsylvania Bar Association, local bar associations and the financial community for answering the call to service in such a powerful way through Get Help Now, Pennsylvania," Rendell said during a ceremony on Sept. 11 at the City/County Building in Pittsburgh.

Rendell said he applauds "the many volunteers who, without fanfare or recognition, faithfully work on a regular basis to better the lives of others and strengthen their communities."

Get Help Now, Pennsylvania was created in response to President and Mrs. Obama's call for Americans to pursue public service to honor the thousands of Americans who died in the 2001 terrorist attacks. Gov. Rendell and First Lady Judge Marjorie Rendell called upon the legal and financial professionals to focus Pennsylvania's efforts on the needs of those who are suffering during these difficult economic times.

"Many of the people who came to the Get Help Now sites were without hope," said Clifford E. Haines, PBA president. "They had tried to find a way to get out of the bad situations they were in, but they did not know where else to turn. Our volunteers were able to listen to the individuals and provide practical information and resources. It was a win-win for both parties - the people who needed help received it, and the people who gave the help felt good about helping."

Haines thanked local bar associations that opened their buildings to residents taking advantage of the program and that recruited lawyer volunteers to staff the program.

During the Sept. 11 ceremony, Gov. Rendell, who was joined by U.S. Transportation Secretary Ray LaHood, also praised the "Wills for Heroes" program. Wills for Heroes is a public service project of the PBA Young Lawyers Division. Lawyer volunteers involved in Wills for Heroes have helped more than 500 Pennsylvania police officers, firefighters, paramedics and other first responders prepare wills, living wills and powers of attorney to ensure their families are protected should the unexpected occur.

"President Obama asked all Americans to make meaningful community service a part of their lives, and people are answering that call," LaHood said.

Although the WBA Blog is the Best...

2009-09-17T12:03:00.002-04:00

...there are other blogs out there!

The legal site Law.com has a comprehensive list of blogs that cover all things legal. Click on the link below:

http://www.law.com/service/blogcat.shtml

PS: And, if there is something you like about the other blogs, let us know!!

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Reminder: CASA Fundraiser

2009-09-15T12:01:00.000-04:00

Have a Heart at The Headkeeper Fund-Raiser for CASA of Westmoreland
Sponsored by the Young Lawyers of the Westmoreland Bar Association

Join the Young Lawyers of the Westmoreland Bar Association at The Headkeeper in Greensburg on Wednesday, September 30, 2009, from 5 to 8 p.m. for an evening of complimentary food, beer, and wine that benefits CASA of Westmoreland—the voice of abused and neglected children who are currently in the court system.

Tickets are $50 each and all proceeds will be donated to CASA of Westmoreland. This evening is all about enjoying yourself while helping a worthy cause—the Young Lawyers promise a good time for everyone—so bring a friend, and see you at The Headkeeper!

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PBA Judicial Evaluation Commission Releases Retention Ratings

2009-09-08T12:32:00.001-04:00

The PBA Judicial Evaluation Commission has issued "recommended for retention" ratings for Superior Court Judge Kate Ford Elliot and Commonwealth Court Judge Dan Pellegrini. Read more in the news release.

Get information about all the candidates in the 2009 Pennsylvania appellate court elections at the PBA's PAVoteSmart Web site.

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Young Lawyers To Host Fundraiser for CASA

2009-08-21T23:54:00.005-04:00

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2009 Inns or Court Calendar

2009-08-15T10:25:00.001-04:00

Ned J. Nakles American Inn of Court Schedule

Wednesday, September 16, 2009
Thursday, October 15, 2009
Wednesday, November 18, 2009
Thursday, December 10, 2009
Wednesday January 20, 2010
Thursday, February 18, 2010
Wednesday, March 17, 2010
Thursday, April 15, 2010

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WBA In the News...

2009-08-12T14:40:00.003-04:00

Corbett rebuked by county bar association in predator case

http://www.pittsburghlive.com/x/pittsburghtrib/news/westmoreland/s_636268.html

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Test Run for Rocket Matter

2009-08-11T15:32:00.003-04:00

Next week, Anthony will be doing a free demo of Rocket Matter. It's a law practice management program that does not require software and can be accessed from anywhere that you have an internet connection. It is also accessible from a mobile version that the company offers through the iPhone.

Entertaining Video for Divorce Attorneys

2009-08-11T15:26:00.003-04:00

Interesting entrance by the judge, don't you think? This was actually a parody done by a professional dance company. It was based on the actual wedding entrance video that you can find here.

25 Greatest Legal Shows of All Time

2009-08-11T11:52:00.000-04:00

The ABA Journal has put together a list of the 25 greatest legal shows of all time. Who is #1? Click on the following link to find out!

http://www.abajournal.com/magazine/the_25_greatest_legal_tv_shows/

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WBA Weekly Events

2009-08-09T20:50:00.002-04:00

Tue Aug 11 2009
Explorers Post Committee Meeting

Thu Aug 13 2009
Membership Committee Meeting
Regularly Scheduled Committee Meeting

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"White" Paper Explanations for Legal Technology Questions

2009-08-05T10:29:00.001-04:00

We discovered a great website that hosts "white" paper explanations to a host of legal technology questions, including software, hardware, IT support, and more.

http://www.law.com/jsp/legaltechnology/whitepapers.jsp

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WBA Weekly Events for August 2 - 8

2009-08-03T12:00:00.000-04:00

Tue - Aug 4 2009: Explorers Post Committee Meeting

China Detains Leading Human Rights Attorney

2009-08-03T10:23:00.001-04:00

(reprinted from the link below)

Rights groups urged China's government Thursday to disclose the whereabouts of a leading human rights lawyer who was detained by police in a dawn raid and has not been heard from since.

Xu Zhiyong, a Beijing-based legal scholar with the Gongmeng rights group, was taken from his home by police early Wednesday, the group said on its Web site. The group has since been unable to contact Xu and another staffer, Zhuang Lu.

http://www.google.com/hostednews/ap/article/ALeqM5g-_vME84yrmjeXlS6VRuoGfJt6uwD99OP7L00

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PBA: Legislative Bills of Interest

2009-08-02T10:56:00.001-04:00

HB 371 (PN 1275) Sponsor: StabackAmends the Public Welfare Code, in general powers & duties of Department of Public Welfare, providing for onsite complaint investigations and plans of correction.

Status: Set on the House calendar on third consideration.

HB 372 (PN 0390) Sponsor: StabackAmends the Health Care Facilities Act, in licensing of health care facilities, further providing for definitions; and providing for complaint investigations.

Status: Set on the Senate calendar on second consideration.

HB 1231 (PN 1780) Sponsor: MurphyAmends the Workers' Compensation Act, further defining "occupational disease"; and providing for cancer in the occupation of firefighter.

Status: Set on the House voting schedule.

HB 1670 (PN 2347) Sponsor: RossAmends Title 42 (Judiciary) further providing for form of permanent recordation and for copies of destroyed records.

Status: Set on the House voting schedule.

HB 1893 (PN 2512) Sponsor: WatsonAmends Public Welfare Code providing for violation exceptions for personal care homes.

Status: Introduced and referred to the House Aging and Older Adult Services Committee on July 24.

SB 381 (PN 0379) Sponsor: VanceAmends the Continuing-Care Provider Registration and Disclosure Act, further providing for investigations and subpoenas and for audits.

Status: Set on the Senate calendar on second consideration.

SB 921 (PN 1266) Sponsor: TomlinsonAmends the Board of Vehicles Act, providing for definitions of "dual", "dualing" and "line-make"; for mediation & arbitration, for unlawful acts by manufacturers or distributors & for inventory & equipment repurchasing.

Status: Set on the House voting schedule.

WBA Begins "PA Get Help Now" Program

2009-07-31T11:54:00.000-04:00

"Get Help Now, Pennsylvania!" is a volunteer initiative to connect Pennsylvanians facing financial difficulties with advice and assistance from professionals in their communities. Governor Rendell and First Lady Judge Rendell are calling upon Pennsylvania’s legal and financial professionals to donate their time and talents in support of this effort.

From now until September 10, volunteer professionals will be available on Tuesdays and Thursdays from 1 p.m. to 6 p.m. at the Westmoreland Bar Association to provide free assistance and referrals on issues related to credit, finance and bankruptcy.

For more information, call the WBA at 724-834-6730, or visit http://www.pa.gov/portal/server.pt/community/taxes___finances/3065/get_help_now_pa/551869. Help us help others by downloading a poster and displaying or distributing it.

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WBA Rule Change Alert: Changes to Notice to Defend

2009-07-30T14:45:00.006-04:00

The Notice to Defend for Westmoreland County has changed pursuant to New Rule W1018.1 Adopted June 23, 2009:

NOTICE TO DEFEND

You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

LAWYER REFERRAL SERVICE
WESTMORELAND BAR ASSOCIATION
P.O. BOX 565
GREENSBURG, PA 15601
(724) 834-8490
http://lrs.westbar.org/

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US Congress to Ban Driving and Texting?

2009-07-30T10:11:00.003-04:00

While the Pennsylvania State Senate is getting closer to banning texting while driving...

http://cbs3.com/local/Senate.Bill.Cell.2.1080560.html

...a few U.S. Senators may beat them to the punch:

http://news.lp.findlaw.com/ap_stories/a/w/1153/07-29-2009/20090729042001_03.html

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Pennsylvania Bar Association Says Public Should Not Make Up Court and Legal Services Budget Shortfalls Through Large Filing Fee Increases

2009-07-27T11:12:00.002-04:00

The following notice/article was posted the the Pennsylvania Bar Association's website

Pennsylvania Bar Association President Clifford E. Haines today said the public should not have to pay large increases in court filing fees to fund any budget shortfalls for Pennsylvania's court system and civil legal services.

Haines said House Bill 1861, as proposed, would impose a filing fee increase of $23 on all court filings - except traffic summary offenses - to make up the entire gap between the current budget proposals offered by the courts and the governor, House and Senate. Haines said the PBA could not support a provision of HB 1861 that would eliminate the Legislature's responsibility to fund civil legal services by shifting funding to the users of the legal system.

"The people most in need of the justice system will suffer the harshest impact of increased court filing fees," said Haines. "The courts have never been a "user pays" service any more than the Legislature or basic elements of the executive branch are "user pays" services.

The PBA House of Delegates voted June 4, 2009, to support a filing fee increase to help alleviate the current economy's impact on the commonwealth, but Haines said the critical term is "to help." He said that while filing fees recognize some responsibility on the part of the users of the justice system to help pay for it, citizens should not be called upon to fund all of an existing shortfall.

Haines said the PBA has been a vocal advocate on behalf of full funding for the Pennsylvania court system and Pennsylvania Legal Services and is sympathetic to the plight of the courts and legal services providers who are supporting the filing fee increases because of the uncertainties of the state budget.

"We recognize that critical times mean compromise that would otherwise be unpalatable," explained Haines. "We will continue to support the Pennsylvania court system and civil legal services, but we simply do not believe that, at this time, House Bill 1861 is the answer."

Read the full article and the letter at the link below:

http://www.pabar.org/public/news%20releases/pr072309.asp

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WBA & the Innocence Project

2009-07-25T11:19:00.000-04:00

The Westmoreland Bar Association invites you to spend a summer afternoon at The Westmoreland.

The Westmoreland Bar Association invites you to a special afternoon at The Westmoreland Museum on Tuesday, July 28, to hear Innocence Project Staff Attorney Craig Cooley speak about his work to free wrongly prosecuted prisoners through the use of DNA testing. Artist Dan Bolick will then speak about his current exhibit, “Resurrected,” which depicts ten men who were exonerated through the Innocence Project after serving a total of 164 years in prison—71 of those years on death row—for crimes they did not commit.

When:

Tuesday, July 28 from 4 to 7:15 p.m.

Where:

The Westmoreland Museum of American Art221 North Main Street, Greensburg, www.wmuseumaa.org

Cost:

Open and free to the publicOne optional substantive CLE credit is available for attorneys: $30 for WBA members, $50 for nonmembers

See the following link for a full agenda: http://www.westbar.org/innocence_project

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PA Bar Legislative Alert: Funding for Civil Legal Services 2009-2010

2009-07-17T13:23:00.001-04:00

The following is a legislative alert from the Pennsylvania Bar Association

LEGISLATIVE ALERT

Contact Your State Representative Immediately and Ask Him or Her to Save Funding for Civil Legal Services in the 2009-10 State Budget

After a vote today to suspend an internal rule that requires a two-week waiting period, the Pennsylvania House of Representatives will debate its version of the state budget bill, HB 1416, and its accompanying amendments, tomorrow with the potential for a final vote on Friday. State funding for civil legal services remains in serious jeopardy.

The Pennsylvania Bar Association is urging its members to contact their state representatives and ask them to support state funding for civil legal services regardless of which version of the budget they ultimately pass. Please contact your state representative immediately. Implore him or her to include state funding for civil legal services in the final budget bill.The PBA Legislative Department has made it easy for you to do this - go to the PBA's Legislative Action Center (here) and click on “Read More” for additional information on the vital role that civil legal services play for the citizens of Pennsylvania. Once there, you will find an easy step-by-step process to compose and send an email message to your representative or download letters for mailing.

For more information about your legislators, please visit the Pennsylvania General Assembly's web site www.legis.state.pa.us.

If you have any questions or comments regarding this issue, we would like to hear from you. Please email us at legislative@pabar.org.

Summer Activities of the WBA

2009-06-26T11:22:00.002-04:00

CLE's

Movie Critics: "Good Night and Good Luck"

June 30th or July 8th: Noon - 2:45PM

Price: $30/hour

Come view the award-winning First Amendment-themed movie directed and co-written by George Clooney, which details Ed Morrow's role in the McCarthy era. Moderated by David Millstein and Jackie Knupp. Call the bar office at 724-6730 to register.

Act 32 - Municipal and School Law

Act 32 passed by the Legislature and signed by the Governor on July 2, 2008 will enact the most sweeping changes in local tax collection history. The changes will have a significant impact on the tax collection process for employers in your jurisdiction.This is an important program for solicitors, municipal officials, and business managers. This program is open and free to the public.

Date: Thursday, July 23, 2009Time: 7 - 8:30 pm

Location: UPG at Campana Chapel Price:

Free for noncreditCLE

Price: $ 30 per hour for members

Optional CLE: One substantive creditCall the bar office to register or register online.

Committee Meetings

July 1 - WBF Scholarship Committee (4:30 pm)

July 3 - WBA offices closed for 4th of July holiday

July 8 - Municipal Law

July 9 - Membership Committee

July 16 - Planning Committee

July 16 - Elder/Orphans Court

July 20 - Civil Litigation

July 21 - Family Law

July 21 -WBA board of directors meeting

July 24 and 25 - Collaborative Law Training

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WBA Tech Tip of the Month: Website Certificates

2009-06-24T13:25:00.003-04:00

When you visit what is known as a Secure website, perhaps the only indication you notice is that the web address at the top of your browser has changed from http:// to https://. In the background, however, a series of exchanges take place to ensure that the website is legitimate and the communication between your computer and the Internet is secure.

Prior to the website initially being published, the site owner contacts a third-party Certificate Authority (CA) such as Verisign, Equifax, or one of dozens of other trusted sources, whose job is to ensure that, when your browser points to http://www.microsoft.com/, you really are viewing http://www.microsoft.com/. The website publisher registers with the CA, verifying its identity and the identity of the website. In return the CA issues to the website a unique digital certificate.

When you now visit a secure page on a website, that site sends to your computer its digital certificate. Your browser next contacts the Certificate Authority to verify that the certificate you received is valid for the website you're visiting. This happens automatically, and in most cases your browser simply displays the secure web page. However, if there is a problem with the digital certificate, the browser displays a warning message advising not to proceed to the website.

Certificate errors happen if the information contained within the certificate doesn¹t match the website you¹re visiting: for example, you're visiting http://www.verizon.net/, but the digital certificate was issued to http://www.verizon.com/; or, the certificate has expired (they must be periodically renewed by the website publisher); or, if the certificate has been tampered with. The certificate error displayed by the browser indicates the nature of the problem.

You may also receive a certificate error when visiting your secured internal office website. Typically, this happens because publishers of strictly internal websites don¹t register the site with a Certificate Authority; instead, they create their own digital certificates. When your browser visits this site, it receives a certificate which it is unable to verify via a third party, and you see a warning advising you not to proceed. In this one exception, if you are absolutely certain you are at the correct website, you may click to proceed past the certificate error.

Whenever you visit a website requesting personal information (social security numbers, credit card information, etc.) be absolutely certain the site is legitimate. Only go to sites that you know and trust. Make sure the link at the top of your browser shows https and not http (this indicates that the communication is encrypted). Finally, verify that your site is secure and has a good digital certificate - look for the image of the closed lock (at the top of the window in Internet Explorer 7 and at the bottom in earlier versions; in Internet Explorer 8, click on Safety from the top menu and select Security Report).

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The Dangers of Downloading Music

2009-06-23T13:54:00.001-04:00

Vivendi Wins $1.9 Million Award From Woman Who Swapped Songs

A Minnesota woman accused of swapping music over the Kazaa Internet service was ordered by a jury to pay Vivendi SA’s Universal Music Group and other record labels $1.9 million after a retrial.

A federal jury in Minneapolis said Jammie Thomas-Rasset, 32, of Brainerd, Minnesota, should pay $80,000 for each of the 24 songs that were posted on the site so others could download them, including “Iris” by the Goo Goo Dolls and “Welcome to the Jungle” by Guns ‘n Roses. The first time the case went to trial, in 2007, a jury awarded $9,250 per song, or $222,000.

Full article here: http://www.bloomberg.com/apps/news?pid=20601085&sid=a9y16Zokxk90

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PA Bar Legislative Alert: Expansion of PA Medical Assistance Estate Recovery Program

2009-06-22T12:12:00.000-04:00

The following is a legislative e-alert from the PA Bar Association:

On April 28, 2009, Representative Dwight Evans (D-Philadelphia) introduced House Bill 1351 as part of the Governor’s proposed 2009-10 budget for Pennsylvania’s Department of Public Welfare (“DPW”). The bill is currently in the House Health and Human Services Committee. Section 1412 of HB 1351 expands Pennsylvania’s Medical Assistance Estate Recovery Program (“MAER”) to include the non-probate assets of a Medicaid recipient. This legislation will allow DPW to impose administrative liens against interests created by joint tenancy, tenancy by entireties, tenancy in common, survivorship, life estate, living trust or other arrangements.The Pennsylvania Bar Association adamantly opposes this section of HB 1351 and any similar legislation being negotiated as part of the 2009-10 state budget as bad public policy and harmful to the Commonwealth’s already vulnerable senior citizen population.The issues contained in HB 1351 will undoubtedly play a role in the 2009-10 state budget negotiations in the legislature. Any attempt to expand MAER will create significant complications for estate administration and cause major title and conveyancing problems, deter individuals from serving as executors and trustees and lawyers from representing these fiduciaries, discourage older Pennsylvanians from seeking needed long-term care support services out of fear of new liens asserted by the Commonwealth.

Please contact your legislators immediately and ask them to oppose section 1412 of HB 1351 and any similar attempts to expand estate recovery.The PBA Legislative Department has made it easy for you to do this - go to the PBA's Legislative Action Center (here) and click on “Read More” for talking points and additional information on the proposed expansion of MAER. Once there, you will find an easy step-by-step process to compose and send an email message to your legislators or download letters for mailing. For more information about your legislators, please visit the Pennsylvania General Assembly's web site www.legis.state.pa.us. If you have any questions or comments regarding this issue, we would like to hear from you. Please email us at legislative@pabar.org. Thank you.

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WBA Tech Tip of the Month: Clean Up Email Folders to Improve Mail Performance

2009-06-08T10:53:00.002-04:00

Whether you use Outlook, Outlook Express, or another email client program, performance is affected most by the emails contained in the main Inbox, Sent Items, and Deleted Items folders. Allowing these folders to reach thousands (for some users, tens of thousands) of emails can dramatically slow the processing of mail or cause the program to crash completely.

Empty your email Deleted Items folder frequently (deleted emails do not move to the Windows Recycle Bin). The Deleted Items folder IS NOT a storage location for your saved emails; if you want to hang onto your emails, create additional folders and save your mail there, not in the Deleted Items Folder.

Your Inbox should never have more than your most current emails. Whenever you access this folder, Windows regenerates the Œview¹; the more emails within the folder, the more memory needed to display the information and the longer the processing time required. Once you exceed a few thousand emails, processing time starts counting in minutes rather than seconds. The same is true of the Sent Items folder. Although people don¹t typically view this folder, every sent email gets copied here (assuming this feature is turned on). The greater the number of emails already in that folder, the longer it takes to add another one.

Create subfolders under Inbox and Sent Items and move older emails out of the main mail folders. In Outlook or Outlook Express, simply right-click on Inbox or Sent Items, create a New Folder, give it a name and click OK. Drag email(s) to the new folder. In Outlook, you can also us the email Archive feature, which automatically moves older emails from the Inbox and Sent Items folders to a separate Archive folder structure located below your normal folder list.

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Bench Bar - Not Too Late to Sign Up!

2009-06-04T11:33:00.001-04:00

2009 Bench Bar Conference for Westmoreland Bar Association

Seven Springs Mountain Resort

Membership retreat for judges and lawyers with 4.5 CLE, entertainment, networking, activities

June 10th, 2009 8:00 AM through June 11th, 2009 5:00 PM

Call the Bar at 724.834.6730 to register

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PBA E-News: June 2009

2009-06-01T11:30:00.000-04:00

Last Call: PBA Annual Meeting, Women's Conference and Real Property, Probate and Trust Law Section Annual Meeting

Foundation to Honor Philadelphia Judge Annette Rizzo with Goffman Award at PBA Annual Meeting

Savannah Is Site of July 16 - 19 PBA Family Law Section 2009 Summer Meeting

PBA Young Lawyers Division Hosts First U.S. Supreme Court Admissions Ceremony

State Legislature Gets Back to Business

July/August Pennsylvania Lawyer Magazine Looks at Job Finding, Job Keeping Attention Writers: The Pennsylvania Lawyer Magazine's Short Story Fiction Contest

Now Available: June 15 Bar News 'Court Summaries' PBI Presents 'Advocacy for the Ages' PBA Future Meetings

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The Ultimate Twitter Challenge: $25,000 for 25,000 followers

2009-04-30T08:58:00.005-04:00

The ABA ran a story last week about Bill Marler, a personal injury attorney from Seattle, who offered to donate $25,000 to a charity if he receives 25,000 followers on his Twitter site.

The entire article can be found here:

http://www.abajournal.com/news/lawyer_offers_to_give_25k_to_charity_if_he_gets_25k_twitter_followers

Another article covered the increasing use of Twitter by attorneys:

http://www.abajournal.com/news/twitter_becoming_incredibly_mainstream_for_lawyers/

The WBA Blog's only remaining questions is whether anyone in the WBA ready to up the ante and offer $50,000 for 50,000 followers?

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ABA Journal: How Law Practice Will Become Like Off-the-Rack Suits

2009-04-30T08:51:00.003-04:00

The following article was authored by Debra Cassens Weiss and reprinted from the March 2, 2009 online site of the ABA.

Law practice in the future will involve the mechanization of legal tasks into standard systems, creating job losses for lawyers who don't evolve, Richard Susskind argues in his new book The End of Lawyers?

Today law practice is like a custom-made suit—it is crafted to an individual client’s needs. But in the future, Susskind argues, standard legal tasks will be performed by software or done in a lower cost manner—they will be commodities like off-the-rack suits, explains a book review in The Lawyers Weekly.

Complex legal issues will be broken down into individual tasks, and lawyers will identify the best way to perform them. One this is accomplished, Susskind argues, these tasks may be handled by paralegals, by lower cost law firms or specialized overseas companies.

In this evolution, the “dominant species” of lawyer will be legal knowledge engineers who organize complex legal content and processes that will need to be analyzed and distilled into standard practice and computer systems, according to the book review.

“Adapt or die,” the review says. “That’s the stark option Susskind offers lawyers. The coming seismic shift in legal services will result in the demise of many law firms, the extinction of many legal fields, and will force many lawyers to scramble to find new lines of work.”

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Ned Nakles Inns of Court: April

2009-04-20T15:38:00.002-04:00

Just a reminder that the Ned Nakles Inns of Court will meet on Thursday, April 30 at 5:00 PM

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PBA Annual Meeting in Pittsburgh

2009-04-20T15:33:00.001-04:00

(reprinted from April edition of PBA E-News)

The 2009 PBA Annual Meeting takes place June 2 - 4 at the Hilton Pittsburgh. Members won't want to miss the chance to explore some of the latest legal developments highlighted in the following CLE programs:

-- "Basic Consumer Bankruptcy Issues," 1.5 substantive hours CLE credit

-- "Chapter 11 Fundamentals," 1.5 substantive hours CLE credit--

"Fair Debt Collection in Pennsylvania," 1 substantive hour CLE credit

-- "A Donation Is a Terrible Thing to Waste: Fundraising Considerations in Challenging Times," 1.5 substantive hours CLE credit

-- "What's Hot in Elder Law and How It Affects Your Clients," 1 substantive hour CLE credit

-- "Developing and Presenting Your Case: A Case Study of 'A Few Good Men,'" 3 substantive hours CLE credit

-- "Family Law: New Rules, New Strategies in Tough Economic Times," 1 substantive hour CLE edit

-- "Saving the Family Home in the Subprime Mortgage Crisis Climate," 1 substantive hour CLE credit

The Annual Reception, Dinner and Dance welcoming Clifford E. Haines, incoming president, and honoring C. Dale McClain, outgoing president, begins at 6:30 p.m. on June 3. Dress is black tie-optional.

The House of Delegates Meeting begins at 9 a.m. on June 4.

Descriptions of CLE courses and a complete schedule for the Annual Meeting are included in the online brochure. Register soon. Hotel room group rates are $130 per room, per night, single or double occupancy. Group rates are guaranteed only until May 1. Link to the hotel Web site. Reservations received after May 1 will be accepted on a space available/rate available basis.

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WBA Annual Meeting

2009-03-24T17:43:00.003-04:00

Join us for the Annual Meeting of the Westmoreland Bar Association and Westmoreland Bar Foundation on Monday, April 6, 2009, at the Greensburg Country Club

Schedule of Events:

- Free CLE before the Annual Meeting: 3:15 to 4:15 p.m: For the Common Good: How the Private Bar & Laurel Legal Services Meet the Needs of the Indigent

- WBF Annual Meeting: 4:30 to 5 p.m.

- WBA Annual Meeting: 5 to 5:45 p.m.

- Reception: 5:45 to 6:30 p.m.

- Dinner: 6:30 to 8 p.m.

RSVP to the WBA office by Monday, March 30, 2009.

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Open Invitation From the Young Lawyers Public Service Committee...

2009-03-24T17:36:00.004-04:00

The Humane Society of Westmoreland County cordinally invites you to help save Homeless Animals by attending their Wine and Cheese Event.

Location: Rizzi’s Bar - Crabtree, Pennsylvania

Time: 7 PM – 9 PM

Date: April 17, 2009

Cost: Tickets - $30

Join Young Lawyers John Hauser and Michael V. Quatrini for a fun evening and help the Humane Society of Westmoreland County

If you would like to attend contact them at 724-837-3779 or hswcgbg@aol.com

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Ned Nakles Inns of Court: March & April

2009-03-09T09:02:00.002-04:00

March 18: 5:00 PM

April 30: 5:00 PM

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WBA Tech Tip of the Month: Email Spoofing

2009-03-09T08:59:00.002-04:00

Have you ever received an email sent to you by you? Or, have you received a failure notice that an email you sent to someone couldn¹t be delivered, except that you didn't send the email, and you don't know the recipient? You've been spoofed.

Spoofing describes fraudulent email activity where the Sender and other information is altered to appear as though the email came from someplace else. It¹s comparable to postal mail examples (and almost as easy to achieve), where someone sends thousands of mass mailings but disguises the return address on the envelope.

The typical reaction from most people is that their computer must be infected with a virus or spyware, causing the computer to send out unsolicited emails. But, in fact, what's taking place has nothing to do with you or your computer.

That also means there isn't much you can do to prevent spoofing. The best you can do is to verify that it really isn't you sending the emails - check your email Sent Items folder, make sure your virus software is working and up to date, and in an office environment ask your network administrator to verify that the emails aren't coming from your workstation.

Otherwise, take a deep breath, knowing that eventually the emails will stop, when the person who is actually generating them finally gets caught by his/her Internet or email Service Provider.

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Young Lawyers Elections

2009-03-09T08:56:00.002-04:00

All Young Lawyers are invited to the Monday, April 6th Election of New Officers for the WBA Young Lawyers. Elections will take place in conjunction with a Young Lawyers Committee Meeting beginning at 3 pm at the Greensburg Country Club. This is the same date as the Annual Meeting of the WBA, which is scheduled to begin at 4:30 pm.

Anyone interested in running for chair-elect should submit their letter of
interest to current YL Chair-elect Anthony Bompiani
(abompiani@bompianilawgroup.com ) by Friday,
March 20th.

Other positions available:

Secretary

Treasurer

Subcommittee chairs needed too:

Educational

Social

Bench Bar Conference

Public Service

Please consider taking on one of these YL positions.

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Westmoreland Bar Young Lawyers Sponsor Zone 6 March Madness Happy Hour

2009-02-24T14:47:00.004-05:00

MARCH MADNESS Happy Hour

Sponsored by the Westmoreland County Young Lawyers Association and the Pennsylvania Bar Association's Young Lawyers Division

March 19, 2009, 4:30 – 8:00 p.m.

Cedarbrook Golf Course Restaurant
215 Route 981, Belle Vernon PA 15012.

Phone: 724-929-8300

http://www.cedarbrookgolfcourse.com/

All PBA Young Lawyers are invited to join your peers from surrounding counties, for drinks, free appetizers and to watch the first round of March Madness.

Please RSVP to John Hauser at hauserlaw@gmail.com.

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Law.com: The Smart Solo's Guide to Joint Ventures

2009-02-24T14:41:00.003-05:00

The following article should help those attorneys contemplating the idea of a joint venture with one or more attorneys. The article was authored by Paul Schorn and originally published on Law.com.

awyers are like hounds on a hunt: Sometimes one just isn't enough. Some cases call for a team of lawyers to come at the problem from different directions to ensure success. Solos are well-suited to joint ventures by their tremendous flexibility. They can jump into working relationships without seeking approval from any committee and can form ad hoc alliances tailored to address specific disputes. This column will address some of the questions a solo practitioner should ask before teaming up.

1. Does a joint venture make sense?

Too many cooks can spoil the broth (or the closing argument), so do not enter into a joint venture unless it clearly helps the case. Co-counsel makes sense, for example, where a dispute straddles several substantive areas of the law, a party must bring a claim in an unfamiliar venue, or the resources required or the risks involved are greater than normal. If a solo has the knowledge, experience, time and money to handle a case, he probably ought to do it himself. This is especially true given that working within a joint venture increases the time and effort it will take to coordinate representation, as each decision must be (at least) communicated, and potentially involves disagreement, discussion and consensus building (anathema to many solos).

2. Who do I want on my team?

Quality counts. A solo should strive to work with lawyers who are better than she is -- smarter, more experienced, wiser. Character counts as well. A solo should not joint venture any case with someone unless she would feel comfortable standing next to that lawyer at the counsel table in open court.

Another tip: Avoid teaming up with your identical twin. Joint ventures work best when they involve lawyers whose strengths complement each other. Each attorney should bring something unique to the case. The classic example is a practitioner in a particular area of the law who teams up with a litigator to bring a case to trial. Similarly, a lawyer in one geographical area might join forces with local counsel in an area where the case is pending, or a solo might involve a lawyer who has already had conspicuous success with a specific type of claim to increase the chances of obtaining a reasonable settlement more quickly or winning the case at trial.

3. How should we divide the pie?

Joint venturers should be clear about the division of labor. Leave no room for confusion about who will draft pleadings, answer discovery, act as the primary client contact or negotiate with the opposition. Designate one lawyer as lead counsel, whether or not suit has been filed. Come to a general understanding about the kind of decisions that each attorney can make unilaterally and the kind that require agreement.
Make clear how lawyers will handle case expenses not covered by the client. It usually makes sense to have one attorney responsible for all such costs to avoid any I-thought-you-paid-that-bill confusion, though this might not be possible where lawyers formed the joint venture to cover especially large expenses. In such cases, divide costs by categories, i.e. "I'll pay for the filing fees, business records and court reporters; you pay for the expert witnesses, mediation costs and everything else."

Of course, division of the fee must also be crystal clear -- preferably equal shares for all. But this might not make sense where lawyers do not share equally the labor or risk. If one lawyer in a two-lawyer venture carries the case expenses, she probably should receive a greater share of the fee (say, 60 percent instead of half).

It makes sense to have a written joint venture agreement; however, in the interest of full disclosure, I have to say that I've done 90 percent of my joint ventures on a handshake and never suffered a regret. It has always seemed to me that I shouldn't partner up -- even for a single case -- with anyone I didn't trust deeply.

4. What are the larger effects of teaming up?

A solo should also consider the effect of a joint venture on her practice. This type of partnership can allow a solo to work on more and bigger cases and earn larger fees. It can also increase the solo's stream of business, as battle-tested co-counsel often become strong sources of referrals. It is not uncommon for joint venture partners to become good friends -- no small consideration given the potential isolation of solo practice.

Solos who are fortunate enough to partner up with better known co-counsel when joint venturing cases can also increase their standing in the bar, like the poor farmer who entered his tired old mule in the Kentucky Derby. Told by race officials that his broken-down beast had no chance to win, the farmer replied, "I know, but I thought he'd benefit from the association."

Contrary to common perception, working as a solo presents endless opportunities for collaboration. Choosing joint ventures wisely is the key to success. Just because a solo is a lone wolf doesn't mean that, every now and again, he can't run with the hounds.

Paul Schorn is a solo practitioner with offices in Lockhart and Austin, Texas.

http://www.law.com/jsp/law/sfb/lawArticleSFB.jsp?id=1202428476148

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Second Amendment Absent in Supreme Court Gun Ruling

2009-02-24T14:32:00.004-05:00

(the following was authored by Tony Mauro and article appears on Law.com)

In spite of its recent support for an individual right to bear arms, the Supreme Court on Tuesday adopted an expansive reading of the federal law that bans possession of firearms by those who have been convicted of felonies or of "a misdemeanor crime of domestic violence."
The meaning of the phrase about misdemeanors was the issue in United States v. Hayes, decided by a 7-2 vote in a decision available here.

West Virginia resident Randy Hayes was prosecuted under that section of the law in 2005. The predicate crime that triggered the law in his case was a 1994 state conviction on charges of battery, where his victim was his wife.

But Hayes claimed that since the crime was simple battery, and was not specific to battery against a family member, it should not have triggered the firearm possession law. Hayes lost at the district court level, but the 4th U.S. Circuit Court of Appeals reversed, finding that the law comes into play only when the predicate crime has "as an element a domestic relationship." In other words, even though Hayes' victim actually was his wife, the appeals court said it does not count as a predicate crime because the crime was not specific to domestic violence.

Justice Ruth Bader Ginsburg, writing for the majority, said the 4th Circuit's approach would "frustrate Congress' manifest purpose" in including domestic violence crimes among the crimes that would result in loss of firearms. "If the Fourth Circuit were right in its analysis of the controlling legislation," Ginsburg said in announcing the ruling from the bench, "Congress' enactment would have been a dead letter in the majority of states from the very moment of its passage." Congress added the domestic violence provision in 1996.In dissent, Chief Justice John Roberts Jr., joined by Justice Antonin Scalia, said that "right off the bat," the law should be read to require that a domestic relationship be an element of the predicate offense. Roberts also said that implementing the majority's view will entail "significant problems," requiring prosecutors to research the relationships in past crimes, rather than simply going by the category of the crime.The case drew interest in part as a test of the strength of the right to bear firearms in the wake of D.C. v. Heller, last year's landmark declaration of an individual right to bear arms. The Second Amendment Foundation filed a brief in the Hayes case, urging the Court to adopt the narrower interpretation and to allow states leeway in defining crimes.

But, as Ohio State University law professor Doug Berman points out on his Sentencing Law and Policy blog, neither Heller nor the Second Amendment played a role in Hayes. "The Second Amendment and Heller do not even get mentioned by the dissenters, even though the majority's ruling would seem to provide a green light to jurisdictions looking for pretty easy ways to functionally work around the rights supposedly championed in Heller."

The Brady Center to Prevent Gun Violence applauded the decision. "In its first gun case since the landmark Heller decision, the Court wisely upheld this reasonable restriction, said center president Paul Helmke. "Today's ruling is the right one for victims of domestic abuse and to protect law enforcement officers who are our first responders to domestic violence incidents."

http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1202428547434

This article first appeared on The BLT: The Blog of Legal Times.

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PBA Judicial Evaluation Commission Releases Fourth Round of 2009 Judicial Ratings

2009-02-24T14:26:00.003-05:00

HARRISBURG (Feb. 4, 2009) - The Pennsylvania Bar Association Judicial Evaluation Commission (PBA JEC) today released its fourth round of ratings for potential judicial candidates seeking election to the state's appellate courts in November. The ratings released today are for Republican candidates who were evaluated by the Commission last week, and the ratings are being issued prior to the Republican State Committee meeting this weekend. Ratings for Democratic candidates evaluated by the Commission last week were issued last Friday, just prior to last weekend's meeting of the Pennsylvania State Democratic Committee.

Each candidate requesting an evaluation by the PBA JEC is eligible to receive a rating of "Highly Recommended," "Recommended" or "Not Recommended."

The PBA JEC's ratings completed during the fourth round of evaluations are as follows:

Supreme Court of Pennsylvania - Recommended

Judge Jacqueline O. Shogan, Allegheny County

Superior Court of Pennsylvania - Highly Recommended

Judge Judith F. Olson, Allegheny County

Superior Court of Pennsylvania - Recommended

Sallie Updyke Mundy, Tioga County

Commonwealth Court of Pennsylvania - Recommended

Kevin Brobson, Dauphin County
Judge Patricia A. McCullough, Allegheny County

For all of the PBA recommenations and ratings, visit:

http://www.pabar.org/public/news%20releases/pr020409.asp

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WBA Tech Tip of the Week: Accessing Microsoft Office 2007 Documents

2009-02-24T14:16:00.002-05:00

Accessing Microsoft Office 2007 Documents

With the release of Office 2007, Microsoft introduced new file formats for
Word (Docx), Excel (Xlsx), PowerPoint (Pptx), and Access (Accdb). Many users
receiving these documents via email or disk can¹t open them because they
have an older version of Microsoft Office or use WordPerfect for their word
processing.

Individuals using Office 2000, Office XP, or Office 2003 can download and install the Office 2007 File Converter software, available free from Microsoft¹s website. Go to www.microsoft.com, access the link for the Microsoft Download Center, and search for the Microsoft Office Compatibility Pack. Or, type Œdownload Microsoft office compatibility pack¹ in a Google search and follow the links. Download and install the software, and from now on you¹ll be able to open Office 2007 documents using your earlier versions normal File, Open dialog box.

WordPerfect¹s latest X4 version can access Office 2007 documents directly.
If you have an older version of WordPerfect, a pre-2000 version of Microsoft
Office, or don¹t have Office at all, you can also download and install
Microsoft¹s Word Viewer 2007 utility (again, either from Microsoft¹s
download site or, in Google, search for ŒWord Viewer 2007 download). You
need both the Word Viewer program and the File Converter software. Once both
are installed, you load Word Viewer, locate and open the 2007 document,
click Edit, Select All and then Edit, Copy.

Then bring up your older version of Office or WordPerfect (or any other Windows based word processor) and click Edit and Paste.

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WBA Tech Tip of the Month: Arrange Your Start Menu Icons Alphabetically

2009-02-16T12:32:00.003-05:00

Arrange Your Start Menu Icons Alphabetically

In Windows XP, when you click on Start and then Programs or All Programs, you first see your most recently accessed programs; if you then click on the double-down arrows to see all of your programs, they’ll appear in a haphazard order, typically in the order in which they were installed (Note that in Windows Vista the system automatically displays your program shortcuts in
alphabetical order).

To arrange your Start Menu icons alphabetically, click on Start and then on Programs (for the
Classic XP Interface, or All Programs for the ‘New’ XP Interface). Right-click on any one of the
items listed (it isn’t necessary to click on the double-down arrow here) and select ‘Sort by Name’. The next time you view your programs they’ll be arranged in alphabetical order with folders first (alphabetically), then individual program shortcuts (another difference with Vista, which lists the individual programs first, then the program folders).

Courtesy of Erie County Bar Association and Richard D. Vasil, Vasil Consulting

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PA Disciplinary Board Newsletter - January 2009

2009-01-28T13:14:00.000-05:00

This month in the PA Disciplinary Board Newsletter:

(click on any of the links to read)

The Envelope Please: Top Five Disciplinary Cases of 2008

Stories of Steel

Supreme Court: We’ll Report Negligent Defense Counsel

FAQ: Complaints against Prosecutors and Criminal Defense Attorneys

Got a Tip?

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WBA Tech Tip of the Month: Computer Troubleshooting - First Steps

2009-01-28T13:07:00.002-05:00

Computer Troubleshooting - First Steps

Surveys indicate that 75 percent of all computer problems are resolved by simply restarting the
computer, yet the majority of even veteran users fail to undertake this common-sense first step
prior to contacting IT technical support.

Unlike hard-wired electronic devices, computer software ‘circuits’ are dynamic and selfmodifying, and as programs interact with users and other programs, logic paths are altered and can, under some conditions, degrade or become corrupted. Restarting the computer clears
memory registers and resets the computer logic back to a previous stable condition.

Remember that restarting Windows (also known as rebooting) is not the same as shutting down
and restarting the entire computer, and when the former fails, it is sometimes necessary to attempt the latter. Windows is smart enough to know whether it is restarting from a power-down or power-up condition, and the housekeeping routines it employs are different depending on its previous condition. That’s why a Start, Shutdown, Restart is much faster than a Start, Turn Off, Power On procedure, but not always as effective in correcting certain computer problems.

Also, the newest ‘green’ computers don’t really shutoff when you perform a shutdown or press
the power button - they simply descend into a hibernation state. To completely reset the
computer, it is sometimes necessary to perform a shutdown, then physically disconnect the power cord and wait 10-15 seconds (in order to discharge the capacitors inside). This is similarly true when troubleshooting problems with printers, which in most cases are reset only by removing power to them, not by simply pressing the On/Off button.

Courtesy of Erie County Bar Association and Richard D. Vasil, Vasil Consulting

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PA Disciplinary Board Newsletter - December 2008

2008-12-30T08:32:00.001-05:00

This month in the PA Disciplinary Board Newsletter:

(click on any of the links to read)

New Disciplinary Procedure Rules Take Effect

Judicial Court Removes Luzerne Judge

Retired: No Job, No Boss, No Worries, No . . . Fees

We’re in the Movies!

Nostra Culpa

Got a Tip?

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McClain Applauds Decision for Increased FDIC Coverage of IOLTA Funds

2008-12-01T15:03:00.002-05:00

(reprinted from December edition of PBA E-News)

The leaders of the House Financial Services Committee and the Senate Banking Committee, more than 20 U.S. senators, members of the House Judiciary Committee and many individual representatives urged the FDIC to include IOLTA in the TLGP. The bipartisan effort by members of Congress, plus the efforts of state government officials, community banks, onsumer groups, bar associations and foundations, law firms and individual lawyers ationwide, all emphasized to the FDIC the importance of IOLTA programs as the second largest source of funding for legal services to the poor.

According to ABA President H. Thomas Wells Jr., had the FDIC failed to expand full coverage for IOLTA, lawyers would have had to consider abandoning IOLTA for fully insured non-interest bearing accounts or moving IOLTA funds from community banks to the larger “too big to fail” banks. Wells said that abandoning IOLTA would have been catastrophic for IOLTA programs in all 50 states, which provide funding for legal aid for the poor, and moving the accounts to larger banks would have defeated the FDIC’s purpose in creating the TLGP.

In early November, McClain sent a letter to FDIC officials and the Pennsylvania Congressional Delegation requesting support for the inclusion of the IOLTA accounts. TLGP coverage was vital for IOLTA accounts holding funds for a client that could exceed the $250,000 coverage limit. “Establishing multiple accounts at various financial institutions would not have been viable since lawyers would not have known whether clients would later deposit additional funds on their own at a particular bank, and it was not practical to separate alarge deposit that would be in the IOLTA account just long enough for the check to clear,” said McClain.

“We felt that, particularly in these tough economic times, lawyers should not be forced to abandon support for this critical program that serves the legal needs of the poor, and the inclusion of IOLTA accounts for the unlimited deposit insurance provided by the TLGP will help ensure continued support for IOLTA by Pennsylvania lawyers,“ explained McClain.

PBA President C. Dale McClain commended the Federal Deposit Insurance Corporation for its November decision to clarify the Temporary Liquidity Guarantee Program to include Interest on Lawyer Trust Accounts. McClain also applauded the cooperative work of local bar associations, the PBA and the ABA in making a persuasive case for the inclusion of IOLTA funds in the expanded insurance program. As a result of the FDIC action, an individual client’s funds deposited in IOLTA will be fully insured regardless of the amount.

http://www.pabar.org/public/probono/FDIC%20coverage%20expanded%20to%20include%20IOLTA%20(2).pdf

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New Leaders Elected in House and Senate

2008-12-01T14:52:00.003-05:00

(reprinted from December edition of PBA E-News)

Democrat and Republican caucuses in the House and Senate have elected new leaders for the 2009-10 legislative session, as follows:

Senate Republicans

- Majority Leader: Dominic Pileggi
- Appropriations Chairman: Jake Corman
- Whip: Jane Orie
- Caucus Chairman: Mike Waugh
- Caucus Secretary: Rob Robbins

Senate Democrats

- Minority Leader: Bob Mellow
- Appropriations Chairman: Jay Costa
- Whip: Mike O'Pake
- Caucus Chairman: Vince Hughes
- Caucus Secretary: Sean Logan
- Policy Chair: Rich Kasunic
- Caucus Administrator: Christine Tartaglione

House Democrats

- Majority Leader: Todd Eachus
- Caucus Chairman: Mark Cohen
- Appropriations Chair: Dwight Evans
- Whip: Bill DeWeese
- Policy Chair: Mike Sturla
- Caucus Administrator: Ron Buxton
- Caucus Secretary: Jennifer Mann

House Republicans

- Minority Leader: Sam Smith
- Caucus Chairman: Sandy Major
- Appropriations Chair: Mario Civera
- Whip: Mike Turzai
- Policy Chair: Stan Saylor
- Caucus Administrator: Merle Phillips
- Caucus Secretary: Jerry Stern

In addition, the Senate Republicans have nominated Joseph Scarnati to continue as the president pro tempore for the 2009-10 session, while the Democrats in the House have nominated Keith McCall to be the speaker for the new session. Elections for these two positions will occur in January when the chambers first convene for the new session.

Additional information on the bills, as well as other legislation and state Capitol happenings of interest to the PBA is available by e-mailing the Legislative Department and by checking the PBA Legislative Boxscore at the link below

http://http//www.pabar.org/Public/Legislative/Boxscore/bar_box.htm

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PA Disciplinary Board Newsletter - November 2008

2008-12-01T11:12:00.004-05:00

This month in the PA Disciplinary Board Newsletter:

(click on any of the links to read)

Douglas Leonard Joins Disciplinary Board

New Modifications Proposed to Rules of Disciplinary Enforcement

Rule Booklets Available

F.A.Q. (Furtively Asked Questions)

Got a Tip?

Read the whole newsletter here:

http://www.padisciplinaryboard.org/newsletters/index.php

--------------------------------------------------

Global Law Firm Begins LEED Renovations at Downtown Pittsburgh's One Oliver Plaza

2008-10-15T16:05:00.002-04:00

Leading global law firm K&L Gates has begun construction and renovation work on its new offices at Downtown's One Oliver Plaza.

In February 2008, the firm signed one of the year’s largest leases in the region. In 2010, K&L Gates will occupy 251,000 square feet of space in the 37-story office tower located at 210 Sixth Ave.Work will involve a build-out of 14 floors in the office tower, which will serve as K&L Gates' new Pittsburgh offices. Designed by Washington, D.C.-based Deborah Lehman-Smith , the LEED-certified project calls for a state-of-the-art conference facility and landscaping by Pamela Burton & Company of Los Angeles.

Additional improvements will include a renovation of the building’s lobby, façade and plazas. In 2010, K&L will move 710 employees from its current space in Downtown’s Oliver Building. “We’re taking an existing building and re-imagining it. This great site will give Pittsburgh a new plaza and hub,” says Lehman-Smith. “What’s more green than taking something and giving it a new use for the city of Pittsburgh?”

Designed to house 850 employees, the refurbished space will allow K&L Gates to consolidate some of its East Coast and global administrative functions in Pittsburgh. The international firm employs 1,700 lawyers in 28 offices in North America, Europe and Asia

As part of the project, One Oliver Plaza will be renamed the K&L Gates Center. In addition, the firm’s name will be placed on the top of the building, replacing the existing Ariba signs.

(Article written by Jennifer Baron and originally published by Pop City Media on October 15, 2008.)

http://www.popcitymedia.com/developmentnews/oliverplz1015.aspx

Lawyers Want More Time, Less Stress, Not More Money

2008-10-15T15:59:00.005-04:00

(article originally published in Law Practice Management - October 2008)

Asked what one aspect of their law practice they would change, if they could, 31 percent of the 300 large law firm and corporate attorneys recently surveyed by Robert Half Legal said they wanted a less stressful work life. And another 30 percent wanted to work fewer hours or increase their personal time.
Only 2 percent said they wanted more more money, the California-based legal consulting firm reports in a press release (PDF).

To try to resolve such concerns and retain talented lawyers, many employers are adding benefits such as flexible and part-time scheduling, job sharing, telecommuting and compressed workweeks, says Charles Volkert, the consultant's executive director, in the release. "Job-related stress and work/life balance issues can lead to employee dissatisfaction and staff turnover, which may decrease a firm’s productivity and directly impact its ability to remain competitive.”

By Martha Neil for Law Practice Managment

http://www.abajournal.com/weekly/survey_says_lawyers_want_more_time_not_more_money

__________________________________

Supreme Court Adopts New Money Handling Guidelines

2008-09-23T15:48:00.004-04:00

(article originally published in September 2008 E-Newsletter of Disciplinary Board of the Supreme Court of Pennsylvania)

The Supreme Court of Pennsylvania adopted a major revision of the Pennsylvania Rules regarding the handling of client funds by lawyers. In its order dated September 4, 2008, the Supreme Court adopted major changes to Rule 1.15 of the Pennsylvania Rules of Professional Conduct and Rule 221 of the Pennsylvania Rules of Disciplinary Enforcement. The full text of the revisions is set forth here.

The amendments are effective upon publication in the Pennsylvania Bulletin, which is scheduled for September 20, 2008. We will have a detailed report of the changes in the next edition of the Newsletter and posted at our website, www.padb.us, within the next few weeks.

_____________________________________________

Calendar of Events

2008-09-23T10:12:00.002-04:00

October 2008

6 - Young Lawyers Luncheon with Family Court Judges, Noon

7 - A CLE Event: "Overview of Procedural Changes in the Westmoreland County Sheriff's Office," 1.5 substantive credits, Noon to 1:45 p.m.

8 - Bankruptcy Committee, Noon Membership Committe, Noon Municipal Law Committee, Noon

13 - Courthouse closed in observance of Columbus Day

15 - Northern Lawyers Luncheon, Noon, King's Restaurant, New Kensington16 - Criminal Law Committee, Noon

21 - A CLE Event: "Family Law Practice Tips", Noon

22 - Ned J. Nakles American Inn of Court, 5 p.m.30 - Professor Solomon lecture UPG, 7 p.m.

November 2008

11 - Courthouse closed in observance of Veterans Day

13 - A CLE Event: "The Right to Know Act", Noon19 - Ned J. Nakles American Inn of Court, 5 p.m.

20 - A CLE Event: "An Elder Law Practitioner's Primer on Reverse Mortgages," Noon to 1:15 p.m., 1 substantive credit

Ethics Update on File Management

2008-09-23T09:26:00.010-04:00

PBA Committee on Legal Ethics Defines File Handling Responsibilities

(article originally published in April 2007 E-Newsletter of Disciplinary Board of the Supreme Court of Pennsylvania)

The Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility has issued a major formal opinion addressing several issues that arise out of the recurrent problem of file management. The opinion is posted at the Disciplinary Board Web site here. This nine-page opinion thoroughly examines the law of Pennsylvania on issues such as what constitutes the lawyer’s file, who owns different parts of the file, what a lawyer’s responsibilities are for providing file materials to a client, and how the cost of doing so should be allocated. It is far beyond the scope of this newsletter to recapitulate the reasoning and conclusions of such a comprehensive tract; any Pennsylvania lawyer who handles client files should read the opinion itself and carefully digest its analysis. This note will be limited to providing a map of the issues the opinion addresses and the major conclusions it reaches.

The opinion begins with the principle that “client files are maintained by a lawyer for the benefit of his or her principal, the client.” The Commonwealth Court case of Maleski v. Corporate Life Ins. Co., 163 Pa. Commw. 36, 641 A.2d 1 (1994), states a general principle that "once a client pays for the creation of a legal document, and it is placed in the client's file, it is the client, rather than the attorney, who holds a proprietary interest in that document." However, the Supreme Court of Pennsylvania has not spoken definitively on the issue of ownership of the file.

The Committee notes that the file materials are also essential business records of the lawyer. It identifies two separate issues regarding file possession and access: access to the file by the client while the representation is ongoing, and possession of the file after the representation ceases. It states a general rule that “items such as original client business records, deeds and other real estate records, estate papers, insurance policies, and personal papers should be returned to the client unless there is a specific agreement or other reason for the lawyer to retain custody.”

The second section of the opinion deals with what constitutes the “client file.” Primary documents establishing the events of the client’s case, such as pleadings, documentary evidence, and correspondence are clearly a main component of the file. However, “other documents relating to that particular representation, such as electronic mail messages, telephone notes, research notes, [and] billing materials” may also be part of the file, and these may exist or be stored in locations other than the physical folders of the file. There may also be internal documents arising from “administrative functions involved with running a law practice (such as assignment memos given to subordinate lawyers).” In an age of electronic practice, there may be e-mail, computer files, and other documents stored in multiple locations and with small variations between different recipients. The Committee notes that some items may not be part of the file, such as “memoranda and notes generated primarily for a lawyer's own purposes in working on the client's problem.” In light of such complexity, the Committee acknowledges that “it is nearly impossible to define on a prior basis what must be part of the client's file.”

As to who owns what in this mass of material, the Committee notes that there are two major points of view: a majority view is called the “entire file” view, which holds that “client is entitled to everything in the lawyer’s possession necessary to the continued representation of the client,” and a minority called the “limited file” view, holding that the client is only entitled to “core” materials, such as filed pleadings, correspondence and final memoranda on issues significant to the representation.” The Committee considers the majority “entire file” view as the prevailing rule in Pennsylvania.

In the third section of the Opinion, the Committee turns to the question of who bears the cost of making necessary copies of the file. The Committee recognizes that the terms of the client-lawyer agreement may shape the lawyer’s responsibilities. It notes,

Client requests for file materials, or copies of file materials, can arise in at least three separate contexts: (1) during the course of representation; (2) during transfer of representation between counsel; and (3) following representation.

The Committee believes that, in each of these contexts, the cost of copying and delivering file materials, as well as the cost of compiling and delivering the actual file, should be handled according to the agreement between the lawyer and the client regarding costs. The Committee recommends making some provision for these circumstances in an engagement letter.

The Committee affirms that generally the lawyer does have a right to make and retain copies of the file for the lawyer’s own use, but echoes Maleski in concluding that “where the client has paid for the creation of the file, the cost of the lawyer’s copy should be borne by the lawyer, absent agreement to the contrary.”

The core of the opinion lies in two compact summaries of its reasoning the Committee provides. On Pages 6-7, the Committee provides, in bold-faced type, a list of eight kinds of items it considers to be parts of the file to which the client is entitled:

briefs, pleadings, discovery requests and responses;
transcripts;
affidavits and witness statements;
memoranda of law, case evaluations, or strategy memoranda;
correspondence (including e-mail);
original documents with legal significance, such as wills, deeds and contracts;
documents or other things delivered to the lawyer by or on behalf of the client; and
invoices or statements sent to the client.

The Committee then specifies, on Page 7, five kinds of documents to which the client may not be entitled:

drafts of any of the items described above, unless they have some independent significance;
attorney notes from the lawyer’s personal files, unless those notes have been placed by the attorney in the case file because they are significant to the representation;
copies of electronic mail messages, unless they have been placed by the attorney in the file because they are significant to the representation;
memoranda that relate to staffing or law office administration;
items that the lawyer is restricted from sharing with the client due to other legal obligations (such as “restricted confidential” documents of a litigation adversary that are limited to counsel’s eyes only).

The opinion closes with a set of six recommendations for file management policies:

developing a detailed file storage, management, and retention policy;
a lawyer or lawyer's assistant (with supervision) making decisions as to how and when to destroy part or all of the file;
considering statutes of limitations, substantive law, tolling agreements or tolling jurisprudence, the nature of the particular case and the client's particular needs when deciding to destroy a file;
client confidentiality obligations continue after the representation ends and should be taken into account in file disposition;
an index should be maintained regarding all files destroyed or returned to clients; and
the lawyer and client can consider a specific agreement for handling the client file and data in complex cases.

Understand that this is a brief and oversimplified summary of a detailed and nuanced analysis, and no one should take this summary as a substitute for reading the opinion and carefully evaluating the many considerations it identifies in the increasingly complex process of file management. The Committee has put a great deal of thought and effort into providing Pennsylvania practitioners with detailed guidance, and members of the bar who handle client files would be wise to benefit from this guidance.

WBA Highlighted Download from Article:

PBA Memo: Client Files – Rights of Access, Possession and Copying, Along with Retention
Considerations (PDF file)

http://www.padisciplinaryboard.org/documents/PBAFO2007-100-CLIENT-FILES.pdf

________________________________________________________________

Young Lawyers Meeting - September 25, 2008

2008-09-19T16:25:00.004-04:00

A meeting of the WBA Young Lawyers Committee is scheduled for Thursday, September 25, 2008 at 4 PM at the Bar headquarters.

The meeting will be prior to the Inns of Court gathering.

Please mark your calendars and contact the WBA if you plan on attending.

_____________________________________________________________________

Ned J. Nakles Inn of Court to Reconvene

2008-09-19T07:09:00.013-04:00

Ned J. Nakles Inn of Court 2008-2009 Inns Year

Thursday, September 25, 2008
Wednesday, October 22, 2008
Wednesday, November 19, 2008
Thursday, December 11, 2008
Thursday, January 22, 2009
Wednesday, February 25, 2009
Wednesday, March 18, 2009
Thursday, April 30, 2009

Please mark your calendars and plan to join us on each of the meeting dates for dinner, refreshments, camaraderie and education. Also, note that meetings start at 5 pm at the bar headquarters.

Officers:
James T. Boggs President
Nancy L. Harris, Vice President
Annaliese Masser, Secretary
Jacquelyn A. Knupp, Treasurer
Donald J. Snyder, Jr., Past President

Executive Committee members:
Daniel J. Ackerman
Jack L. Bergstein
Brian P. Bronson
Richard H. Galloway
Robert I. Johnston
James E. Kopelman

Wine selections are compliments of:
(September) Don Snyder
(October) James Kopelman
(November) QuatriniRaffertyGalloway
(December) Belden Law

Free Private Dances Land Chicago Attorney in Hot Water

2008-09-19T07:09:00.009-04:00

A DeKalb lawyer was suspended for 15 months Thursday for arranging to have a female client perform nude dances for him in exchange for credit on her legal fees, a state commission said.

Scott Robert Erwin, a lawyer since 1980, will begin his suspension Oct. 7, according to the Illinois Attorney Registration and Disciplinary Commission, a branch of the state Supreme Court that conducts investigations into attorney misconduct.Erwin, with offices at 211 N. 1st St., has not been charged criminally.Erwin represented the female client and several of her family members on several different types of cases.

The relationship began in 2001 at Heartbreakers, a Compton, Ill., strip club where, after Erwin talked to an exotic dancer, both realized they had talked to each other over the telephone about some pending legal matters, according to the commission's report of the allegations.

Erwin agreed to represent her on several legal matters, and they mutually agreed that she perform nude dances for him in his office as a way to cut down on the legal fees, according to the report.

Click here for the full article.

Family Law Committee Awards Stipend

2008-09-19T07:09:00.005-04:00

The Family Law Committee, through the generosity of the WBA, awarded a $500.00 stipend to DeAnn McCoy, to attend the PBA Family Law Section Summer Meeting in Baltimore, MD, July 17-20, 2008. The purpose of the subsidy was to provide a first time attendee/young lawyer the opportunity to participate in the state bar function, and to increase and enhance the delegation of Westmoreland County lawyers attending the event. It was awarded to DeAnn based on her interest in expanding her knowledge of and practice in family law.

The WBA Family Law Committee is the first Family Law Committee in Pennsylvania to make such a "scholarship" award. Other attendees at the meeting from Westmoreland County were Committee Chairs Abby De Blassio and Michael J. Stewart, as well as Bruce Tobin, Michele and Eric Bononi, and Sandra Davis.

The Committee is presently considering the changes to the Pennsylvania Support Guidelines pending in the Domestic Relations Procedural Rules Committee. Copies of the proposed changes are available at the WBA Headquarters. Substantial changes are proposed, including the expansion of the guidelines to include families with monthly net incomes of up to $30,000 per month, and a formula to address support in cases formerly calculated pursuant to the Melzer case. Comments are to be submitted to the Procedural Rules Committee by October 31.

WBA Fall Gathering Quickly Approaching

2008-09-19T07:09:00.001-04:00

Join us at the WBA Fall Gathering at the Westmoreland Country Club, honoring our special guest, The Hon. Rita Donovan Hathaway, current President of the Pennsylvania Conference of State Trial Judges • October 4, 2008

On July 18, 2008, the Hon. Rita Donovan Hathaway assumed the presidency of the Pennsylvania Conference of State Trial Judges. Please join the WBA, the Ned J. Nakles American Inn of Court, and the Westmoreland Academy of Trial Lawyers at the annual Fall Gathering as we recognized the distinguished achievement of one of "our own." $30 per person, cash bar. Entertainment by James Boggs, WBA Member and Inns President. RSVP to the WBA by September 26, 2007.

This is always a great event. We hope to see you there!!