Safety in the City?

July 3, 2009 by John E.

Happy Independence Day Weekend to all! I remember ten long years ago using the holiday weekend as the midway point to bar review studies – and the point where you actually have to batten down and study for real.

This past week, there have been a couple of criminal violence incidents in the heart of the city: a double homicide in a new apartment complex in Northern Liberties last Saturday and a knife attack on police officers right by City Hall today. Even with all the violent crimes that take place in the city, these incidents were notable both in location (Northern Liberties and City Hall) and the nature of them (an orchestrated setup of a woman in the new apartment building and an attack on police officers).

From folks who don’t live in or near the city, they may think that these type of incidents are commonplace. Not so, at least not in Center City. It is true that the homicide rate in the city is still way too high, but it is down from the last year. For better or worse, most violent crimes seem to happen outside of Center City. While you still have to be mindful of walking around at night, you do get a sense of safety while living and walking in town. These incidents are certainly aberrations; then again, perhaps we should take them as a wake-up call.

Enjoy the rest of the weekend and stay safe!

Lessons from the Passing of the King of Pop

June 26, 2009 by John E.

Upon reflection, the passing of Michael Jackson is indeed a sad occasion. He was both a musical icon who was a big part of many people’s lives growing up.  Yeah, he had his legal problems, and he lived what was, by all accounts, a bizarre life.  Still, it’s been a long time since I’ve had seen just about everybody talk about someone’s death (right there with Princess Di, and much more so than with Heath Ledger’s death), so clearly, he was relevant to a lot of people. 

Perhaps one of the sad lessons to be learned from him (other than to avoid having twelve year old boys over for sleepovers) was the perils of avoiding the incurrence of significant debt – a situation that could apply to us all.  Despite his status as the King of Pop, the sales of 61 million records, the sold out worldwide tours, the merchandise sales, the royalties from his and the Beatles’ music (after he purchased the rights to them), and other income, Jackson died with a reported $400 million in debt.  How did he do it?  Let me count the ways:

  • He spent more money ($20-30 million more) each year than he made;
  • He borrowed money to pay debt, leading to more debt and additional costs and expenses that he could not pay;
  • He couldn’t make payments on his properties (including Neverland Ranch), causing them to go into foreclosure;
  • He got sued a bunch of times, resulting in what we can assume are multi-million dollar settlements.

Other than perhaps the last example, these factors are quite applicable to professionals, including young lawyers, who may find themselves flux with a lot of money from their high incomes and overextend themselves with investments and purchases.  Next thing you know, the high income may be reduced or possibly eliminated, and then expenses and debt arise.   

So, the moral of the Michael Jackson saga may be to be careful of your spending, avoid borrowing money to pay off debts and don’t live beyond your means.  

 

Keys to Vacationing

June 18, 2009 by John E.

This weekend, I go on a mini-vacation for a couple of days to the Hamptons in Long Island (to do the standard stuff – partying with Diddy, staying over at Seinfeld’s house while he’s in Philly, maybe golfing with Chevy Chase, etc.).  It’s always nice to get away and take a break from the daily grind of the workplace. 

These days, though, a lot of young lawyers almost feel like they shouldn’t go on vacation.  With layoffs and now paycuts pervading the legal market, it certainly doesn’t seem to be the ideal time to be seen taking time off.  Certainly, it’s otherwise perfect weather for a summer vacation, given the mid 60s temperature and perpetually cloudy or rainy skies. . .

It still is essential for everyone to take a few days off here and now.  An upcoming vacation can give you something to look forward to after a busy period of work.  I also find that when you come back from vacation, you feel somewhat recharged and energized more so than before.  The big concern about missing work can be alleviated by bringing your laptop and Blackberry and careful coordination with both your secretary and a fellow attorney who can “cover” for you and handle pressing matters.  And instead of taking a full week off, you can minimize you loss of “face time” in the office by reducing your vacation a couple of days (or perhaps leaving on a Friday afternoon and coming back by a mid-week day). 

So, when the sun finally emerges from the clouds and temperatures warm up to what June/July weather is supposed to be like, go ahead and take that much-needed vacation.  Just make sure you get a lot of your work done beforehand.

Taking Pay to Stay Away

June 14, 2009 by John E.

In the era of delayed start dates and alternative approaches to layoffs, this one probably takes the cake.  New York firm Cravath, Swaine & Moore announced that it was offering its incoming first year associates a paid deferral of $80,000.  This arrangement, which comes with $1,000 monthly stipends, is both optional for this year’s first years and does not appear to be contingent on obtaining substitute employment in public interest.

Essentially, the firm is giving its incoming first years a choice: you can come in and work for long hours your first year for $160,000+, or you can go away for a year, do whatever you want (travel, play golf, write legal treatises) at half that amount.  Granted, the paid deferral is anything but chump change, as it exceeds the starting pay of some first year attorneys.  Still, given the option, is it better to start off your legal career or essentially take a year off while getting paid to do so?

Seeking Innovative Alternatives to Layoffs

June 5, 2009 by John E.

So here we are, almost halfway through the year (a year that’s all about surviving, as my mortgage broker friend characterized it).  There are still some  negative signs for the legal market, with continued layoffs and reduction or elimination of summer associate programs at some firms.  There have been some encouraging signs as well, with some firms starting or continuing to hire laterals again. 

Then there are also signs that some firms are beginning to see the shortsightedness of massive layoffs and looking for alternatives.  Some large firms have chosen a more palatable option of reducing salaries across the board.  While cutting salary isn’t an ideal scenario, there’s a good argument to be made that the associates at those firms are still pretty well compensated.  Additionally, let’s face it, lawyers, on the whole, will rather have a slightly smaller paycheck from their current employer than an unemployment check from the goverment. 

Then there’s the relatively (so far) novel approach of international firm Mayer Brown.  Like many other firms, it faced the prospect of layoffs for some of its associates.  What the firm did, however, was place several of its associates with firm clients, while continuing to pay them, albeit at a significantly-reduced salary.  The firm benefits by keeping the clients happy with the ability to continue to provide service.  The clients benefit by having attorneys perform their work without paying their salaries.  The associates benefit by continuing to have jobs and gaining the experience of working in-house.  And everyone can take a wait-and-see approach to see how the arrangement will work in the future.

In times like these, firms that find innovative solutions could be the ones reaping benefits in the long run.

Scaling Down Summer Associate Program Activities

May 29, 2009 by John E.

For many firms, this week after Memorial Day Weekend marks the beginning of their respective Summer Associates programs.  Of course, things are a little bit different from the last few years.  For one thing, several medium to large firms in Philly have completely opted out of having Summer Associates this year.  Understandably, it’s tough to justify the expense of courting law students when folks are being laid off and others are told that their employment will be deferred for a year.  Other firms have drastically reduced their class of summers to 1/3 or 1/4 of what it may have been in the last couple of years. 

Those firms that still have Summer Associate programs are also seeking to reduce costs and perhaps downscale their events.  Somehow, it just doesn’t seem appropriate for firms cutting expenses to still set up excursions to Atlantic City or fly summers to London for the heck of it.  So, in the spirit of reducing expenses, here are some possible suggestions for summers, associates involved with the program and program coordinators on “lower cost” alternatives:

  • Old Activity – Pricy dinners in Restaurant Row
    New Activity – Center City Sips

    One of the great innovations during the summer in the city has been the advent of Center City Sips, the Wednesday happy hours throughout the city.  Some of the best restaurants and bars, including XIX, Chifa and Davios, present tremendous happy hour specials, including $4 cocktails, $3 wine, $2 beers and half-priced appetizers.  It’s a great way to experience some restaurants and bars without breaking the bank.
  • Old Activity – Going golfing
    New Activity – Philly Mini Golf
    Instead of excluding non-golfers from participating in golf outings, get everyone involved in a fun but competitive mini-golf outing at Franklin Square’s Philly Mini Golf.  It’s a mini-golf course right at Franklin Square (Race and 6th/7th), complete with Philly-themed holes.  Maybe the only drawback is that the website says that “children” must be accompanied by a responsible adult, so I’m not sure if that applies to summers as well. 
  • Old Activity – Lunch or dinner at Le Bec Fin for Bastille Day
    New Activity - Have a petit dejeuner or dejeuner at Parc
    Among Philly restauranteur Stephen Starr’s most recent openings was Parc, a large and roomy restaurante on Rittenhouse Square that is a pretty good facsimile of a Paris bistro, from the outdoor sidewalk seating to the authentic looking interior.  And the menu, while not cheap, is a heck of a lot more reasonable than LBF (the gold standard for fine dining). 
  • Old Activity - Dining in South Philly
    New Activity – Go out for cheesesteaks or roast pork sandwiches
    You can’t skip out what Philly is perhaps best known for: cheesesteaks (and, to a lesser extent, roast pork sandwiches).  Don’t mess around with the tourist traps (e.g., Pat’s and Geno’s).  Just go to those that are among the best: John’s Roast Pork (Front and Snyder) or Tony Luke’s (Front and Oregon).  There are vegeterian options there too (never tried them though).  

Enjoy the summer!

Electing to choose your next judges

May 22, 2009 by John E.

Happy Memorial Day Weekend!

This past week was the Pennsylvania Democratic and Republican Primaries in advance of the November general election.  I didn’t vote in them.  Chances are, you didn’t either.

There are about 1.1 million registered voters in Philadelphia.  Of this number, not counting independents or those affiliated with other parties, Democrats outnumber Republicans about 900,000 to 150,000, or about 6 to 1.  But, as is the case historically, turnout is really low in these races.  In fact, for the District Attorney’s race, only about 100,000 voters (which is about 99,900,000 voters less than the American Idol final vote) participated in the Democratic primary, with Seth Williams garnering about 43 percent of the vote.  And because of the Democrat/Republican voter breakdown, the winner of the Democratic race will, in all likelihood, be the winner in the general election.  In other words, by virtue of about 43,000 people voting, the next DA has been effectively chosen. 

The races for judges of the Court of Common Pleas exhibit more unnerving trends.  Someone obtaining about 26,000 votes would have obtained one of the spots on the Democratic Party ticket for the general election.  Compared to the number of reigstered voters, as well as general voter ignorance as to who is qualified to be a judge, it’s a veritable “crapshoot” as to whether truly qualified judges will be elected.

So all these stats beg a question.  Should there continue to be election of judges in the city and state.  There’s no easy answer.

Running to Support Child Advocates

May 12, 2009 by John E.

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For over thirty years, the Support Center for Child Advocates, located at 19th and Cherry Street, has been providing advocacy for abused and neglected children in Philadelphia.  It is the country’s oldest and largest pro bono legal and social services agency for children. 

With the thousands of documented cases of child abuse and neglect each year, Child Advocates has the formidable task of coordinating the advocacy of these children in child welfare and custody court proceedings.  It provides the special training session of volunteer lawyers from the area.  Child Advocates then teams the lawyers with child advocate social workers and its own staff attorney consultants for each case.  These cases can involve finding safe and permanent places for the children to live, securing educational support to help them stay in school, obtaining medical, behavioral health, and social services to help them recover and helping them testify in court against their abusers.

Such dedicated effort is costly.  Child Advocates spends approximately $2,600 to serve a child each year.  Just like other public interest organizations,  Child Advocates has not been immune to the economy.  Its operational budget faces a huge deficit.  The organization raises the majority of its funding from private donations, which are down from prior  years.  Some child cases have had to be turned away due to fiscal considerations.     

It is up to lawyers to step up and help out Child Advocates and other public interest organizations.  A good way to do so is by participating in the Philadelphia Bar Association 30th Annual 5K Run/Walk this Sunday, May 17, 2009 at 8:30 a.m.  The event draws close to 1,000 participants.  Proceeds directly benefit the Support Center for Child Advocates. 

If you aren’t an athlete, then at least be an athletic supporter.  You can pledge money to those running or, of course, donate directly to the Support Center for Child Advocates.  Every little bit helps.

The District Attorney’s Race: Knowing the Candidates and the Issues

May 7, 2009 by John E.

For the entire time those of us who are young lawyers have been in practice, Lynne Abraham has been the District Attorney of Philadelphia, holding this post since 1991.  Since that time, there have been three different mayors, but Abraham has  been a constant  presence.  She has had some successes, some failures, but she has also been immensely popular and overwhelmingly re-elected. 

Now, with Abraham declining to seek re-election this November, the race to succeed her is wide open, with six declared major party candidates: Democrats Brian Grady, Dan McCaffery, Dan McElhatton, Michael Turner, Seth Williams and Republican Michael Untermeyer. 

Why should we, as young lawyers, care?  For starters, the the election is the most important city-wide election this year.  Whoever emerges will enter an office facing the pressure of budget cuts, issues on the use of the death penalty, overcrowding prisons, and so forth.  These issues affect all of use who live and work in Philadelphia and want the city to be safe, given the new realities in these difficult economic times. 

Come and see the candidates address these issues at the YLD-sponsored District Attorney Candidates Forum, at the Pennsylvania Bar Institute in the Wannamaker Building, this Monday, May 11, at 4:00 p.m.

Judges vs. Officers: Respect should be accorded to all

May 1, 2009 by John E.

You may remember the story well.  Back in February 2009, Officer John Pawlowski joined the unfortunately growing list of Philadelphia Police Department officers who fell in the line of duty.  This time, though, the added twist to the story was what happened at the 35th District police station, where Officer Pawlowski was based. 

Like many other police stations, the 35th District also doubles as a courtroom, used for municipal court preliminary hearings and such.  The reasoning for the use of stations as courtrooms may have its roots in efficiency as well as reduced costs.  Shortly after Office Pawlowski passed away, his fellow officers in the 35th District placed a memorial dedicated to him, along with a picture of him.  This picture was placed on the bench, in plain view of those in the courtroom facing the judge.  The sitting judge in the court, Judge Craig Washington, ordered the photograph to be taken down, but the officers refused.  So, Judge Washington went over and placed the photograph face down himself. His reason was to remove the appearance of bias in having a police officer’s picture up on the bench while court was in session.  Afterwards, officers took down Judge Washington’s parking sign outside the station.  He no longer works at that court room.

Naturally, the action has sparked outrage from the Fraternal Order of Police and other officers, who called the action insulting and disrespectful to a fallen officer.  As you can see from this picture here, it seems that the FOP’s most singular goal now is to remove Judge Washington from office in the November elections.  In its press release on judicial endorsements, the FOP sets forth various candidates it is endorsing and only lists one judge to vote “no” on retention: Judge Washington.  On the other side, President Judge Marsha Neifield rushed to Judge Washington’s defense and, citing Canon 2A of the Pennsylvania Code of Judicial Conduct,  stated that photographs are not permitted directly on the bench while court was in session. 

The whole matter does not have an easy answer, and there probably isn’t a right answer either.  Did Judge Washington have technical basis to remove the photograph?  Looking at the letter of the rules, then the answer is yes.  The presence of a photograph of a police officer just a few feet from the judge certainly would, objectively, lead one to conclude that the judge was on the side of police officers instead of the side of justice.  At the same time, doesn’t the presence of these courts in police stations alone lead to an appearance of bias?  How much more potential for bias is really added by the presence of a photograph of an officer in a memorial?

As far as the officers, their position is also understandable in that they lost yet another fellow officer and someone is telling them that they have to take down their memorial in THEIR station.  I did not know Officer Pawlowski but everything I have read about him indicates that he was a good man.  The situation, as Bar Association Chancellor Sayde Ladov noted, could have been handled a lot better.  The photograph could have been moved to another porton of the room, for instance.  At the same time, the officers did not necessarily accord a sitting judge with the necessary respect either.  Directly disobeying the judge’s order and then essentially vandalizing his parking sign are not really the most proper actions of Philadelphia’s finest.  Disagree with, but do not disrespect the judge.

All in all, it remains to be seen what will happen to  Judge Washington come November.