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Vol. 16 No. 15 July 25, 2014The Journal of the Allegheny County Bar Association

Summit will help women hone businessdevelopment and networking skillsby Tracy Carbasho

A special event slated for August isintended to help women attorneysenhance their careers by increasingtheir list of contacts and improvingtheir book of business.

“The only way to control yourcareer is to have a book of business.The summit will focus on the skillswomen need and the issues they facein developing business,” said KellyWilliams, a shareholder at PicadioSneath Miller & Norton and chair ofthe ACBA’s Women in the LawDivision. “It will empower them toincrease the business they need toadvance and remain in the legalprofession. When women stay in theprofession and become leaders intheir organizations, research showsthat everyone benefits from a betterbottom line, as well as increasedpersonal satisfaction.”

The Second Annual BusinessDevelopment Summit for WomenAttorneys will be held on Thursday,Aug. 7, at the Pittsburgh Marriott CityCenter. Registration and a continentalbreakfast will be held at 8:30 a.m. andthe event will run from 9 a.m. to 2 p.m.

The keynote address, “ExpandingYour Repertoire: Maximizing YourNatural Strengths to Grow Your Bookof Business,” will be presented byMarianne Trost. She is a nationallyrecognized business developmenttrainer and coach, inspirationalspeaker and international columnist.Her mission is to guide, motivate andsupport women lawyers to succeed inthe profession.

The most comprehensive registrationlink for the summit is available byvisiting: www.acba.org/ACBA/calendar/2014-08-07/5827. Early registration isrecommended due to the limitedcapacity of some of the programs.

The cost represents an incredibledeal that includes breakfast, lunchand five hours of programming andnetworking. The price is $50 for a lawstudent ACBA member; $75 for agovernment/non-profit ACBA member;$100 for an ACBA member; and $125for a non-ACBA member.

More than 100 women attorneysfrom a variety of practice areas andwith a wide range of experienceattended last year’s inaugural event,which was called the SouthwesternPennsylvania Women’s Legal Summit.

The summit is once again a cooperativeeffort between the Women in the LawDivision and the ACBA’s Institutefor Gender Equality. Sponsorshipopportunities, ranging from $2,000 asa platinum sponsor to $150 as a networking lunch table sponsor, areavailable by contacting Alysia Keating,director of diversity and gender equalityfor the ACBA, at akeating@acba.org.

“Great things can happen whenwomen come together with a centralgoal in mind. At last year’s summit,the positive energy in the room fullof women attorneys was palpable,”said Keating. “This is a wonderfulopportunity to learn how to refinebusiness development and self-advocacyskills in a comfortable environmentwith other women. Our speaker andpanelists will no doubt provide attendeeswith useful information and valuable

take-aways based in large part ontheir own real-life experiences.”

Keating stressed that attorneys canno longer just sit in their office and doa good job every day. Reaching out toa network of contacts on a regularbasis is essential and takes only a fewminutes a day.

“Over time, the relationships thatwe develop through that process willturn into business for us,” said Keating.“Since relationship building issomething that generally comes veryeasy to women, they can be verysuccessful business developers, ifthey have a strategy in place and payconsistent attention to it.”

Trost will focus on businessdevelopment issues and approachesthat women can use in their legalcareers. Williams suggested Trost asthis year’s keynote speaker becauseshe had seen her speak at a seminar in2012 and had an opportunity to meether last year. Information aboutTrost can be viewed at www.thewomenlawyerscoach.com.

“When hearing Marianne speak, itreally comes through that she is hereto help with the business developmentchallenges that we all face in thisprofession,” said Williams. “She willinspire and lead our attendees to takeaction to improve their careers. She isvery approachable and supportive.”

Williams believes the summitallows women to learn necessaryskills in a comfortable, positive andmotivating environment. Learning inthis environment builds confidence.

“Importantly, we are not just teachingwomen to develop business from other

women,” she said. “We are teachingthem the skills that will help themdevelop business from all walks oflife – whether it be from individualclients, men or women, small businessesor Fortune 500 companies.”

Trost is looking forward to reachingout to women lawyers in Pittsburgh.She believes many women have naturalskills that lend themselves to effectivebusiness development. Unfortunately,these same women do not recognizethose skills as being a significant partof the business development equation.

McMillen hired as assistant executivedirector of ACBA and ACBF

by Tom Loftus

Diane K. McMillen has been hired asassistant executive director of both theAllegheny County Bar Association andthe Allegheny County Bar Foundation.

She oversees operations andfinances, reporting to ACBA ExecutiveDirector David A. Blaner. She startedher new position in April and hasreplaced David Leonard.

“We are pleased that Diane hasjoined the bar association and barfoundation management team. Herexperience in non-profit managementat the Pittsburgh Technology Council,the Sisters of St. Francis and KidsVoicehas provided her with valuable insightinto the operations and activities oforganizations that are very similar toour association and foundation,” saidBlaner. “She is going to help lead us tothe next level of success in answeringthe needs of our members and the generalpublic looking for legal assistance.”

McMillen is enthusiastic aboutworking for the ACBA.

“While I knew the AlleghenyCounty Bar Association had an excellent

reputation locally, I was even moreimpressed to learn of its great reputationon a statewide and national level forproviding diverse and innovative legalservices programs,” she said. “I lookforward to working with our highlyengaged members and experiencedstaff members who are passionateabout ensuring that one’s legal rightsare protected.”

A certified public accountant,McMillen brings to the bar associationmore than 25 years of experience atboth for-profit and non-profitorganizations. Most recently, sheserved as the chief financial officer forthe Pittsburgh Technology Council.Prior to that, she was division controllerfor Equifax Settlement ServicesDivision, treasurer/finance managerfor the consolidated entities of theSisters of St. Francis, financial managerfor KidsVoice, and a CPA for ToucheRoss & Co. (Deloitte & Touche).

She received a bachelor’s degree inaccounting from the PennsylvaniaState University and a master’s ofbusiness administration degree fromWaynesburg University. n

Diane K. McMillenACBA Assistant Executive Director

Marianne TrostThe Women Lawyers Coach LLC

Continued on page 6

Page 2 / July 25, 2014

THE FULL TEXT AND/OR HEADNOTES FOR THE CASES BELOW APPEAR INTHE ONLINE, SEARCHABLE PLJ OPINIONS LOCATED AT WWW.ACBA.ORG.

l a w y e r sJ o u r n a l

Gender Bias Duty OfficersIf you have observed or experienced any

form of gender bias, you may contact one of

the following members of the Gender Bias

Subcommittee of the Women in the Law

Division. The duty officers will keep your

report confidential and will discuss with you

actions available through the subcommittee.

Kimberly Brown......................412-394-7995

Rhoda Neft ..............................412-261-2753

Jill M. Weimer ........................412-201-7632

Ethics HotlineThe ACBA Professional Ethics Committee

“Ethics Hotline” makes available Committee

Members to answer ethical questions by

telephone on a daily basis.

JulyNick S. Fisfis ..........................412-396-6289

Bruce Herschlag ....................412-442-4262

Gregory Monaco......................412-288-4000

AugustBob Bernstein..........................412-456-8101

William J. McKim ..................412-433-2914

The Lawyers Journal is published

fortnightly by the

Allegheny County Bar Association

400 Koppers Building

436 Seventh Avenue

Pittsburgh, PA 15219-1818

Editor: 412-402-6623/jpulice@acba.org

Advertising: 412-402-6686/plewis@acba.org

Address Changes: 412-402-6612

Fax: 412-261-6438

www.acba.org

Circulation 6,302

© Allegheny County Bar Association 2014

Editor-in-Chief: Hal D. Coffey, Esq.

Editor: Jennifer A. Pulice, Esq.

Supervising Editor: David A. Blaner

Advertising Coordinator: Peggy Lewis

Graphic Artist: Jessica Wysocki Valesky

Proofreader/Opinions: Sharon Antill

Editor/Graphic Artist: Mark Higgs

n The LJ editorial policy can be found

online at www.acba.org.

n Information published in the LJ may

not be republished, resold, recorded, or

used in any manner, in whole or in part,

without the permission of the publishers.

Todd appointed vice chair ofSupreme Court’s Disciplinary Board

Stephan K. Todd has served as amember of the Disciplinary Board ofthe Supreme Court of Pennsylvaniasince 2009 and now he is serving asvice chair.

The board is an independentagency under the Supreme Court’sjurisdiction, consisting of 13 members,including 11 attorneys and twonon-lawyers from across theCommonwealth. Funded by annualassessments paid by attorneyslicensed to practice in Pennsylvania,the board assists the Supreme Courtin all matters involving attorneylicensing and discipline.

Todd retired from U.S. Steel Corp.as vice president of law and environmental affairs in February2007. He retired from the ArmyReserves with the rank of colonel.

“I am honored to serve as vicechair. Serving on the board has beenthe highlight of my legal career,” hesaid. “As vice chair, I will assist ChairBurke McLemore in the overalladministration and management ofthe board and perform special dutiesas he may assign. I have enjoyed servingas chair of the board’s Rules Committeefor the past four years, and lookforward to actively working with thenew chair of that committee.”

Todd continues to stay involved inthe legal profession and his communityby serving as a board member ofGwen’s Girls, an association thatencourages young girls to have productive futures. In addition, he isthe mentor coordinator for the ButlerCounty Veterans Court, former president of the Allegheny County BarFoundation, former member of theACBA’s Board of Governors, formerboard member of the Association ofCorporate Counsel Chapter of WesternPennsylvania, and former boardmember of the Neighborhood LegalServices Association.

Todd received his law degree fromthe Valparaiso University School ofLaw in 1970 and his master of lawsdegree from the University of VirginiaSchool of Law in 1976.

The Disciplinary Board’s goals areto protect the general public, maintaina high standard of integrity in thelegal profession, and safeguard thereputation of the courts of Pennsylvania.The board was created by the SupremeCourt of Pennsylvania to review conduct and assure compliance by allattorneys to the Pennsylvania Rules ofProfessional Conduct. For more information about the DisciplinaryBoard, visit www.padb.us. n

Stephan K. ToddDisciplinary Board of the

Supreme Court of PennsylvaniaVice Chair

Commonwealth of Pennsylvania v.Dana Matthew Hall, Borkowski, J.........................................Page 229Criminal Appeal—Sufficiency—Attempted Homicide—Aggravated Assault—Intent to Kill—Cruel and Unusual Punishment

Commonwealth of Pennsylvania v.Azsion Upshur, Borkowski, J. ................................................Page 231Criminal Appeal—Sufficiency—Evidence—Waiver—Improper Admission of Recorded Confession

Commonwealth of Pennsylvania v.Jerome Raymond Banks, Lazzara, J. ....................................Page 233Criminal Appeal—Suppression—Stipulated Non-Jury Trial—Reasonable Suspicion

Commonwealth of Pennsylvania v.Jamar Lashawn Travillion, Cashman, J. ..............................Page 235Criminal Appeal—PCRA—Ineffective Assistance of Counsel—Evidence—Previously Litigated—Fingerprints—Jury Instruction—Actual Innocence

Commonwealth of Pennsylvania v.Carl Collins, McDaniel, J. ......................................................Page 239Criminal Appeal—PCRA—Serial Petition—Untimely

Commonwealth of Pennsylvania v.Justin Grandison, McDaniel, J. .............................................Page 240Criminal Appeal—POSS/PWID—Sufficiency—Weight of the Evidence—Constructive Possession

Commonwealth of Pennsylvania v.Jeffrey Pelkofer, McDaniel, J. ...............................................Page 242Criminal Appeal—PCRA—Petition to Enforce Plea Agreement—SORNA (Megan’s Law)

Commonwealth of Pennsylvania v.Jerome Walker, Manning, P.J. ...............................................Page 243Criminal Appeal—PCRA—After Discovered Evidence—Unavailable Alibi Witness

July 25, 2014 / Page 3

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wonderful. To those that have golfedwith me, thanks – and I am truly,very sorry.

I am honored to have the opportunityto speak today and to have theprivilege of serving as the 128thpresident of the ACBA.

I understand that I am one of a verysmall group of people to serve as bothYLD chair and ACBA president,including Vince Grogan, MichaelBoyle, Frank McKenna, Judge JoyFlowers Conti and Jim Carroll.

A much longer list of distinguishedattorneys precedes me in the role ofpresident. I know there are bigshoes to fill and I am humbled bythe opportunity.

To all of the past presidents whoare here today–would you all stand fora moment. You have served us welland made us the best bar associationin the country. Please join me inthanking them for their service

To our Immediate Past PresidentMark Vuono, thank you for your supportand encouragement from the time Ifirst sat on the Finance Committeethrough today.

A special word of thanks to a goodfriend and mentor. Every younglawyer looks to emulate the highestqualities of the most respected leadersand for me, I look to Bob Racunas.Bob, I could not imagine a better rolemodel than you. Thanks.

I wish to take a moment to expressgratitude to my family, colleagues andto the professional staff of the ACBA.

My parents, Tom and AnneCreenan from Buffalo, New York,raised six wonderful children. As theyoungest of those six, my parentsinstilled important values in me,including honesty and a strong workethic. I am appreciative for their ongoingencouragement, support and love.

My in-laws Chuck and Phyllis Sheehyencouraged me very early in mycareer to become active in the ACBA.Chuck always reinforces the importanceof collegiality and professionalism.

Molly, thank you for your support.My law partner, Walt Baczkowski

and our colleague Elizabeth Bailey,have been guiding lights to me in thetraditional practice of law. I have beenhonored to practice with them and Ihope for many more years ahead.

To the Duquesne Law Class of ‘96,thank you for your friendship andsupport. The strong bonds built overthree years will last a lifetime and,when we are together, those memoriesgive us comic relief and common

perspective many years later. Heretoday are Kiersten Frankowski,Dawn Gull, Nicola Henry-Taylor andBill Pentecost.

To the rest of my friends andcolleagues, including Kevin Eddy andGreg Taddonio, I am very honored tohave your friendship to support myprofessional activities.

To my good friend David Leonard,I thank you for your tremendousstewardship and wish you a rich androbust retirement. I know that DianeMcMillen will continue to uphold thehigh standards you have set.

There is one person here today whomost encouraged me to remain activein the bar. At a chance meeting onGrant Street, this special personconvinced me that a career in the lawwould not be worthwhile unless Imade the ACBA an integral part of mypractice. Dorie Schnippert, I literallywould not be here today without yourwords of encouragement.

To the entire staff at the bar and thefoundation, I say sincerely on behalfof all our volunteers that you makeour time away from the office a joy.Thank you for all that you do.

Last, I must thank David Blaner forbringing out the best in me. I amgrateful for you taking me under yourwing and guiding me along my journeyin the ACBA.

To you, the members, I make thecommitment to give my best in therole of president. The ACBA has been

a critical part of my professional life.From the educational programs, the publicservice programs, and the networkinggatherings, we do wonderful thingsfor the profession, the courts, and thecommunity. Above all, the ACBA definescollegiality and professionalism. Weshould all be proud to be a part of thisorganization. I know I am.

As for my plans for the comingyear, I want to affirm to you myemphasis will be on you – our members.We need to make sure the lawyers thatpractice among us continue to havethe opportunity to practice law in thesame collegial and professionalenvironment we know. There arechallenges today that did not existwhen I first joined the ACBA, but weare prepared to meet them.

During the next year, I intend toreaffirm the bar’s commitment toeach of you and to the profession. OurHomer S. Brown Division continuesits rich tradition under the leadershipof Tyra Oliver. The Women in the LawDivision, now led by Kelly Williams,finds innovative ways to address theneeds of our members. Our YLD, ledby Joe Williams, is in great hands andcontinues to develop top-notch,award-winning programs.

Our officers, Nancy Heilman andMark Martini, lead a talented, diversegroup on our Board of Governors. Weare here for you.

P R E S I D E N T ’ S M E S S A G E

New ACBA President Jim Creenan

New ACBA President Jim Creenandelivered the following remarks at the2014 Bench-Bar Conference as heaccepted the gavel from his predecessorNancy L. Heilman. His comments areprinted below for members who didnot attend the conference.

As I accept this gavel, I thank you,Nancy. Your graceful leadership overthe last year has been a gift to us all.But I most appreciate your caring andthoughtful approach to the manyserious issues we have faced this pastyear and your effort to ensure ourless advantaged attorneys have astronger voice.

I thank the Bench-Bar Committee,chaired by Dennis Kusturiss and ViceChair Craig Simpson, our sponsors,and the Seven Springs staff for makingthis event possible. I am grateful forthe large attendance by our members,especially the judges who take timefrom their schedules to be here insupport of our bar association. PresidentJudge Manning, thank you for yourexemplary leadership on the boardand in the courthouse.

Many of you know me from thecourtroom, the Young Lawyers Division,the Finance Committee, the BarFoundation, the ACBA SoftballLeague or the Board of Governors toname a few. Some of you know me justas a Bench-Bar attendee.

I look forward to the Bench-Bareach year – to the camaraderie andfellowship that make the ACBA so

Jim CreenanACBA President

Continued on page 7

Page 4 / July 25, 2014

Mary Sue Ramsden was presented with the Amram Award at the Bench-Bar Conference. Pictured are Bench-Bar Conference Chair Dennis Kusturiss, Ramsden, Shelly Pagac, and Craig Simpson.

PHOTOS BY MARTY BARRON

2013-2014 ACBA President Nancy L. Heilman passed the gavel to new ACBA President Jim Creenan during the Bench-Bar luncheon.

A member tees off during the Donald W. Bebenek Bench-Bar Golf Tournament.

July 25, 2014 / Page 5

Kenneth Feinberg impressed withcollegiality among ACBA membersby Tracy Carbasho

Nationally recognized legal expertKenneth Feinberg gave a dynamicpresentation at this year’s 52ndAnnual Bench-Bar Conference, buthe was equally impressed with theACBA membership.

“For me, the most interesting aspectwas to witness firsthand the collegialityand friendship of the lawyers representingthe Allegheny County Bar Association,”said Feinberg, who gave the keynoteaddress. “I had no idea that such aprominent bar association wascomprised of a group of lawyers whoconsider themselves family. It’s a ratherunique bar association membership.”

Leaving an impression on Feinbergis no easy task given his own outstandingbackground as an attorney, author andalternative dispute resolution expert.He is especially renowned foradministering substantial compensationfunds to help victims of major tragedies.

After he completed his presentation,he immediately returned to Washingtonto continue designing a new compensationprogram for General Motors’ ignitionswitch claimants. However, he took timethe following day to provide commentsto the Lawyers Journal.

“The attendees in the audiencewere particularly interested in theindividual stories I related concerningmy administration of the Sept. 11 VictimCompensation Fund, the BP Oil SpillFund and One Fund Boston followingthe marathon bombings,” he said.“They were eager to participate in thequestion-and-answer session after Icompleted my remarks.”

Feinberg wanted to attend theconference because of the ACBA’snational reputation.

“And I wanted to witness firsthandhow lawyers come together to learn,

catch up on local events and enjoysome time together drinking, eatingand playing,” he said. “Very impressive.Also, I wanted to thank the lawyers inthe room for all they do in promotingthe public interest. Many of themrepresented individual victims of the9/11 attacks and I conveyed my publicthanks for their willingness to do so inpromoting the public interest as lawyers.”

Those who attended the conferencesaid Feinberg was very well receivedand the feedback was extremely positive.

Dennis Kusturiss, who served aschair of this year’s conference, enjoyedhearing how Feinberg’s particularexpertise in mass torts fits in with thepresent adversarial system.

“This was a great conference. Theattendees all seemed to enjoy it and thecommittee received many complimentsabout the speaker, the entertainmentand the quality of the ContinuingLegal Education programs,” saidKusturiss. “My favorite part wasbeing able to spend time with attorneyfriends that I usually only get a chanceto speak with briefly in passing.”

Dorie Schnippert, director of theMembership Services and CLEDepartment for the ACBA, saidattendance this year was similar tothe 2013 number at approximately700. Informal planning has alreadystarted for the 2015 conference, butwill kick into high gear in August.

When asked what part of theconference was her favorite, she statedshe enjoys everything from beginningto end.

“Just seeing how our membersenjoy themselves, interact witheach other and actively participatein all of the events and programs iswonderful,” said Schnippert. “Thereis so much work that goes intoputting the conference together

that witnessing the end result inaction is very satisfying.”

She noted that Feinberg’s presentationwas a definite highlight of the three-dayevent, which was held at Seven SpringsMountain Resort from June 19-21.

“During his presentation, therewere times when you could hear a pindrop. He is a very dynamic speaker,”she said. “The panel discussion alsowent very well with John Gismondi asthe moderator and John Evans andProfessor Judith Teeter joining Mr.Feinberg for the discussion.”

In addition to offering a keynotepresentation, the conference provided14 educational programs with theopportunity for attendees to earn upto eight CLE credits, including threein ethics.

The conference has a reputation foroffering opportunities to network,enjoy sporting events, and partake ofdelicious food and excellent entertainment.

Special events that take place eachyear are the passing of the gavel fromthe outgoing ACBA president to his orher successor, and the presentation ofthe Amram Award. This year, NancyL. Heilman passed the gavel to JimCreenan. Mary Sue Ramsden washonored with the Amram Award.

Craig Simpson, who received theAmram Award last year, is now chairmanof the committee planning next year’sconference. He served as vice chairfor this year’s event. This summer’sconference made the 29th consecutiveone he has attended.

“What I liked best about the conference this year, as in every year,is the opportunity to get together withthe many friends I have made over theyears at the conference,” said Simpson.“I first met most of my friends in thelegal community at the conferenceand to renew that camaraderie at the

conference is what I look forward toevery year.

“The one difference I noticed thisyear, which I found very gratifying,was the increased diversity in ourmembership that was represented atthe conference,” he added. “That is atrend that I hope continues to grow.”

Simpson described Feinberg’spresentation as “compelling, spellbinding and poignant.”

“In addition, he proved to be agreat speaker and his delivery greatlyenhanced the subject matter of his address.John Gismondi also did a masterfuljob as the moderator of the program.”

After listening to the keynoteaddress, Simpson had a better anddeeper appreciation of the complexityof the task with which Feinberg wasconfronted when administering the9/11 fund, particularly the unenviabletask of dealing with the emotions ofthe victims and the victims’ families.

As chair of the next conference,Simpson said he is looking forward tobeing in a position where he can givesomething back to the ACBA for allthat the association and its membershave done for him over the years.

“I am also greatly looking forwardto working more closely with DorieSchnippert without whom theBench-Bar Conference simply wouldnot be the wonderful event it is today,”said Simpson. “After 52 years, theconference has a tried-and-true formatand I truly believe in the adage ‘If itisn’t broken, don’t fix it.’ I plan toreview every aspect of the conferencewith Dorie to see if there is anythingthat can be tweaked to improve it.

“My main goal for next year is toincrease the attendance and in particularto continue the trend of the increase indiversity of the attendees that Iobserved this year.” n

Ramsden takes home Amram Awardby Tracy Carbasho

Mary Sue Ramsden wasn’t the onlyperson in tears when her name wasannounced as the winner of this year’sAmram Award.

Magistrate Judge Lisa Pupo Lenihanwas among the people sitting at thetable with Ramsden when her namewas announced during the annualBench-Bar Conference. The winner’sname is kept confidential until theofficial announcement is made eachyear at the conference.

Lenihan recalls what was happeningas Shelly Pagac, who won the award in2011, was leading up to the announcementof the winner by listing the recipient’sachievements. At some point, Ramsdenrealized Pagac was talking about her.

“It was evident that Mary Sue wastaken completely by surprise,” saidLenihan. “Her hand went to hermouth in astonishment and tearsstarted to seep from her eyes andmine, as well. It was a moment that Iwill never forget. By the time hername was announced, everyone at thetable was crying. It was truly amoment I will treasure.”

Pagac, a partner at PietragalloGordon Alfano Bosick & Raspanti, metRamsden through their involvementin the Women’s Bar Association ofWestern Pennsylvania.

“Mary Sue is an inspiration to allattorneys, not just women, becauseshe sets her mind on a goal andmakes it happen,” said Pagac. “She is

committed to her firm, the practice oflaw, the community, and her family.We should all aspire to such ideals.”

Award recipients must have practicedlaw at least 12 years, be a member ingood standing of the Allegheny CountyBar Association, be supportive andactive in the Bench-Bar Conference,demonstrate professional excellencein the practice of law, and provideoutstanding service to the community.Friends say Ramsden exceeds all ofthe qualifications.

Carol Behers and Ramsden areboth partners at the firm of RaphaelRamsden & Behers. She said Ramsdenhas served as the firm’s unofficialmanaging partner for several years.

“Mary Sue mentors the younglawyers and helps to instill in them asense of pride in the profession, theskills needed to be a good lawyer andthe importance of maintaining honestyand integrity in everything they do,”said Behers. “She is a great problemsolver – always ready to tackle anyissue or problems that come along.

“She has set an example of truecommitment to her love of the law.Her excellent legal abilities have beenrecognized by her selection to BestLawyers in America, Super Lawyers,Martindale Hubble, AV Preeminentrating, Inaugural Bar Registry ofPreeminent Women Lawyers to namejust a few,” added Behers. “She hascontributed her time and many talents tomentoring young attorneys, performingpublic and pro bono legal service, and

setting an example which raises thebar for the entire profession.”

For Ramsden, she is just doingwhat comes naturally to her.

“I have always considered activeparticipation in professional activitiesand organizations, like the ACBA, thePennsylvania Bar Association andthe American Inns of Court, to be anecessary tool not only to learning theskills of the profession, but also todeveloping relationships that contributeto success as a lawyer,” she said.“Participation in charitable and community works should simply bepart of our everyday lives as lawyers.We have an obligation to give back tothe community for all that we havebeen lucky enough to achieve.”

Ramsden’s participation in theACBA has included serving two termson the Board of Governors, chairingthe Bench-Bar Conference in 2011,serving on the Judiciary Committee,chairing the Family Law Section andserving on the Family Law Council foreight years, being a member ofnumerous other committees and subcommittees, as well as volunteeringfor a long list of activities.

In addition, she was a foundingmember of the Matrimonial Inns ofCourt and served as its first presidentfrom 1995-1997. Her career has beenguided by the ideals expressed inthe mission of the Inns of Court topromote professionalism, civility andexcellence in the practice of law. Sheis also a member of the Family Law

Section and the House of Delegatesfor the PBA.

Helping women attorneys succeedhas always been important to Ramsden.To that end, she is a member of theexecutive committee of the PBA’sCommission on Women, serving as co-chair of the Promotion of Women Committee.

She is a past president of theWomen’s Bar Association of WesternPennsylvania and has also served as secretary and co-chair of special events.

“It is so very important that lawyersactively contribute to the education,training and eventual success of ouryounger lawyers,” said Ramsden.“And it is particularly important thatsuccessful women reach out a hand topromote and insure the success of ouryounger generation of womenattorneys to ensure they have equalopportunities for success.”

Carol Hesz, law clerk to Lenihan,said Ramsden’s participation in somany organizations and her role aspartner in a law firm are prime examplesto prove that women can excel in theprofession if they work hard.

“She has raised the level of professionalism and civility in thePittsburgh legal community,” saidHesz. “As a highly competent attorneywith excellent litigation and negotiationskills who is always well prepared,respectful of others, and demonstrates

Continued on page 7

Page 6 / July 25, 2014

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“I don’t talk about the problems orthe trends in the industry. I talk aboutwhat to do to overcome them. My goalis for the attendees to leave with a listof business development action itemsand the tips and inspiration to achievethem,” said Trost. “We will be doing ahands-on client pitch exercise withactual general counsel and there willbe a panel of solo and small firmsuccessful rainmakers who will sharetheir tips and techniques, as well, sothere will be something for everyone.

“I like to provide practical tips andreal-life examples of ways to overcomecommon challenges, such as statingaccomplishments, asking for thebusiness, and self-advocacy,” sheadded. “Learning to self-advocate andto ask for what you want are criticalcomponents to success in growingyour own book, especially if you wantto be included in client pitches oraccess opportunities necessary toexcel at business development.”

Trost offers three primary tips forwomen in the profession. The first isto be personable enough to give theclient a sense of who you are as aperson and what it would be like towork with you.

The second is to make sure yourpitch is a dialogue and not a lecture.Give the client a chance to be involvedin the conversation, listen, ask questions,and offer solutions and approaches.

The third tip is to bring the teamand present the pitch as a team.Clients usually want to meet the peoplewith whom they will be working. Theyalso want to see how the team workstogether while making a presentation.

Trost has worked with more than1,500 attorneys across the United

WOMEN’S SUMMITcontinued from front cover

States in nearly every practice areaand at all stages of their careers toassist them in maximizing theirstrengths and achieving their businessdevelopment and career goals.

Nicola Henry-Taylor, immediatepast chair of the WLD, said everyprofessional needs a sense of communityand tips for becoming excellent at hisor her job. She believes programs likethe summit are important for fillingthose needs.

“One of the best pieces of advicethat I received from a career coach isto be the CEO of your own career,”said Henry-Taylor. “What better wayto do this than to invest in attending aprogram that will provide you with thetools to go out and generate business.”

The featured presentation by Trostwill be held from 9-10 a.m. Participantswill be able to choose from twobreakout sessions which will be heldfrom 10:15 to 11:30 a.m. The first iscalled “Perfect Pitch: Hitting the HighNotes in Client Pitches” and the secondis “An Ensemble of Winning BusinessDevelopment Strategies for Solos andSmall Firms.” Details of the breakoutsessions are described on theACBA’s website.

A self-advocacy session, “TootingYour Own Horn: Tips for EffectiveSelf-Advocacy,” will be held from11:45 a.m. to 12:15 p.m.

The day will culminate with anunusual networking lunch from 12:15to 2 p.m. The lunch is actually beingcalled “Musical Chairs: Fine TuningYour Networking Skills to Drum UpBusiness.” Attendees will changetables for each course to give them achance to practice their networkingskills while meeting new contacts.Each table will have a designatedtopic and a facilitator to make themost of the time spent together.

The idea for the networkinglunch was spearheaded by DanielleDietrich, who is chairing the summit committee and serving asWLD vice chair.

“It forces us out of our comfortzone of friends and close colleaguesthat we already know and gives us achance to meet new people,” saidDietrich. “Women need to supportother women in building their books ofbusiness and referrals are a fabulousway to do that. The facilitator at eachtable will help steer the conversation,make sure each person participates,and make sure that everyoneexchanges contact information.”

Dietrich said last year’s summitwas extremely successful and the

committee received a lot of positivefeedback. She is hoping the momentumwill continue this year with womenlearning valuable information aboutbuilding their skills.

“When we were in law school, theconcept of business development wasnever mentioned. I personally had noclue that I would be expected to ‘sell’both my skills and my firm and builda book of business,” said Dietrich.“In most firms today, whether or notyou make partner/shareholderdepends on how much business you have. Traditionally, women donot have big books of business. Wewant to encourage women and givethem the skills they need to buildtheir receivables.” n

July 25, 2014 / Page 7

Having the right team makes all the difference

Employment Litigation AttorneysPittsburgh, Pennsylvania(412) 338-1100www.rothmangordon.com

Colleen Ramage Johnston, Lori R. Miller, Nikki Velisaris Lykos, and James W. Carroll, Jr.

In return, I ask you, our membersand leaders, to bring to us yoursupport, your ideas, and your effort.We need your participation to helpus navigate the profession’s newchallenges and opportunities.

In the coming year, you will seeprograms to help our members intheir day-to-day practices.

This fall, we unveil a skills trainingprogram for new and transitioninglawyers called “Practice for Success.”Our sections have come together tolead this innovative approach to makingour new lawyers “practice-ready,” sothey can serve a large number ofpeople in our community. I wish tothank the team of lawyers on our planningcommittee that have stepped up tomake this happen, including:

YLD (Bar Leadership Initiative):Kristine CarpenterKate DiersenCriminal Litigation:Daniel FitzsimmonsSuzanne SwanProbate and Trust:Daniel JohnsonCarol Sikov GrossFamily Law:Mary K. McDonaldDavid SlesnickCivil Litigation:Scott LeahCecilia DicksonReal Property:Susan SwickStaci Patterson

JIM CREENANcontinued from page 3

Later in the year, we will unveil aprogram for our senior members thatmight be contemplating a transition toretirement. As a service to our members,their clients, and perhaps moreimportantly, to their spouses, we willprovide the tools to plan ahead. Wehope to guide our members to capitalizeon years of hard work and to promoteconcepts that will allow the clients tocontinue to receive exceptionalclient service.

Also in the year ahead, we willcontinue as an association to supportthe Pennsylvania Civil Legal JusticeCoalition. The coalition recentlysubmitted its report to the SenateJudiciary Committee. We may soonsee the recommendations of thatgroup begin to make an impact in theunmet legal needs of Pennsylvaniathrough an Access to Justice Commission and a proper level offunding for our legal services andpro bono programs.

The ACBA stands ready to identifyand lead us to these opportunities.

In closing, Pittsburgh lost an iconwhen Coach Noll passed away. A greatman. Growing up in Buffalo, we alsohad a great coach in Marv Levy and Iwould just like to close with some ofhis words. Before every game, Marvused a rhetorical question to focus andchallenge his players. It became histrademark. “Where else would yourather be than right here, right now?”

For me, I say right here, right now.Thank you for the opportunity

to serve as president for the upcoming year. n

the highest integrity, she serves as agreat role model for new attorneys.”

Hesz said Ramsden served as amentor to her through their affiliationwith the Women’s Bar Association.

Ramsden has also had mentorsthroughout her career, includingRobert Raphael, who was honoredwith the Amram Award in the past.

“It is with great honor and respectthat I follow in his footsteps in receivingthis award,” she said. “The list ofprior recipients is a very impressivelist and I am honored and humbled tonow be included on that list.”

Ramsden, who received her lawdegree from the University of Pittsburgh in 1979, is accustomed towinning awards. In 1998, she was recognized with the prestigious Tributeto Women Award for Leadership inthe Profession from the YWCA.

She was honored with the Susan B.Anthony Award from the Women’sBar Association in 2003. The award isgiven each year to a person who

AMRAM AWARDcontinued from page 5

demonstrates dedication to encouragingand promoting women in the law,while maintaining the highest standardsin the legal profession, the judiciaryand the court systems.

In 2009, she earned the PBALynette Norton Award for excellencein litigation skills and for serving asa mentor.

“Every award is different andmeaningful in its own way. However,receiving the Amram Award from theACBA is such a very unique and specialrecognition with some very specialpeople having received this awardbefore me that getting it was reallyquite emotional and exciting,” shesaid. “The manner of presentation,with no notice that you are getting theaward, adds to the excitement.”

Going forward in her career,Ramsden hopes to pass along theideals and work ethic that she learnedfrom her mentors – to maintain thehighest standards of integrity and toalways excel to the best of your ability.

“Any lawyer who follows theseideals should excel and be successfulin whatever he or she does.” n

CONNECT WITH US SOCIALLY facebook.com/alleghenycountybar @AlleghenyCoBar

PLJ OPINIONS IS NOW AN ONLINE PUBLICATION.

VISIT US AT WWW.ACBA.ORG/ACBA/PUBLICATIONS/PITTSBURGH-LEGAL-JOURNAL-OPINIONS.ASP.

Page 8 / July 25, 2014

The changing landscape of client engagementby LexisNexis

As the platforms for opening andmaintaining interactions between lawfirms and clients rapidly expand, itis easy for traditional law firms toget overwhelmed.

In fact, law firms may be reluctantto venture far from their comfortzone. However, it may not be in thehands of law firms whether theyshould seek new collaborative channels,such as client portals or social media.With so many different avenues nowopen for obtaining legal services, itwill be up to clients whether they arewilling to tolerate working with a firmthat has fallen behind the times.

According to the Model Rules ofProfessional Conduct 1.1: Competence:“To maintain the requisite knowledgeand skill, a lawyer should keep abreastof changes in the law and its practice,including the benefits and risksassociated with relevant technology.”

Another factor will be an attorney’sability to compete on the productivityfront. While many firms have difficultyseeing beyond the learning curverequired to get up to speed with newtechnology, the efficiencies can makeit possible to get substantially morework done in considerably less time.

A few examples that only begin toscratch the surface of potentialproductivity gains are discussed inthis article.

Once the near-exclusive domain ofvery large firms with budgets to

accommodate big information technologydepartments and dedicated serverlocations, enterprise-secure clientportals are now affordable to even thesmallest firms through some onlinepractice-management applications.

Though traditionalists may initiallydisdain the idea, law firm client portalsare a win-win for law firms and theirclients, much like the customer portalsmost people use today to check theirbank account balances. Not only areclients able to get essential informationat any time at their own convenience,they can get it with fewer interruptionsto their attorney’s productivity.

Electronic File Share and Sync (EFSS)is also an option. Named by ForresterResearch as the hottest technologycategory since social media, EFSS isclosely akin to client portals in that itgives firms a secure way to share thelatest versions of files not just withclients, but with all of the differentparties involved in legal matters,including other members of the firm,opposing counsel, co-counsel, and others.

The one caveat with EFSS is thenecessity for choosing a vendor verycarefully. Many EFSS solutions wereoriginally designed for consumers.Although those same vendors maynow claim “enterprise” security, suchsites are so easy to use. It is possible toshare much more information thanyou ever intended with no way toreverse the process.

The most secure enterprise EFSSsolutions apply controls at the file

level. Look for solutions that protectdocuments through their entire lifecycleby allowing you to:

• Define who is allowed to accessa document;

• Control how a file is viewed andduplicated, including the ability toallow or block printing, editing, copyingand forwarding;

• Set expiration dates or revokepermission to view a document at will;

• Create an audit trail of wheredocuments were viewed, on whichdevices, and at what time.

Thankfully for attorneys, socialmedia has gone far beyond the initialiterations allowing users to shareoff-the-cuff thoughts with their circleof friends. Today, the latest platformsallow firms to share unobtrusive,targeted communications with theirclients on social, local and mobileplatforms, even down to sending quickappointment reminders on mobiledevices that allow clients to quicklyconfirm that they will be there at thedesignated time.

Firms can also contract with social,local and mobile platforms to tastefullypromote themselves on local maps, sharecustomer testimonials, send satisfactionsurveys, confirm client meetings viatext messages and much more, allwithout taking productivity away fromattorneys or support staff.

Today’s clients expect so muchmore from their attorneys. It is acompetitive field and with online legalservices and virtual law offices, law

firms must make it easy to do businesswith clients in this age where instantinformation is expected. The medicalfield has gone down this road, allowingpatients to set up their own recordsand update their profiles online.Clients want access to informationrelated to their matter or case.

In addition to providing access directlyto clients, attorneys are expected to haveclient information available anytime,anywhere. After all, who doesn’t have asmartphone or a tablet these days?

A winning case for online practicemanagement is simplicity. Consumerinfluences of smartphones and tabletshave made simplicity a commodity-attribute for many software companieswho build these tools. A recent cloudsurvey conducted by LexisNexis®

(http://demand.firmmanager.com/CloudReport) focused on firms with one to20 attorneys. The top five uses byfirms using the cloud are documentstorage and management; data backupand recovery; hosted exchange/email;file sharing; and practice management.

Keep in mind that no one is suggestingthat law firms throw caution to the windand dive in head first every time theyhear about a new technology or social/local/mobile option. But with technologyacceptance high in almost everyindustry, including banking, technology-savvy clients today expect their lawfirms to offer collaborative solutionsthat coincide with their own acceptanceof technologies without compromisingsecurity or confidentiality. n

July 25, 2014 / Page 9

Does your employee handbook violate the NLRA?by Maria Greco Danaher

More and more frequently, theNational Labor Relations Board (NLRB)has deemed that policies and proceduresincluded in employee handbooksconstitute unfair labor practices.

The NLRB has even expanded itsinterpretation of the types of actionsthat constitute such practices.

Under Section 7 of the NationalLabor Relations Act (NLRA), employeeshave the right to “self-organization, toform, join, or assist labor organizations,to bargain collectively through representatives of their own choosing,and to engage in other concertedactivities for the purpose of collectivebargaining or other mutual aid or protection...”

Section 8 of the NLRA states that itshall be an “unfair labor practice” foran employer to “interfere with,restrain, or coerce employees in theexercise of the rights guaranteed inSection 7.”

In the past year, the NLRB hascriticized and struck down handbooklanguage including “at-will” disclaimers, social media policies,mandatory arbitration provisions, and requirements to keep internalinvestigations confidential.

Last month, in a move away fromthat trend, a panel of the boardreversed the decision of an administrativelaw judge, and found that two handbookpolicies did not explicitly restrictprotected concerted activity, norcould employees reasonably construethose policies to prohibit Section 7activity. (First Transit Inc. and Amalgamated Transit Union Local 1433,360 N.L.R.B. No. 72 April 2, 2014).

However, the panel also found awork rule related to employee conductto be in violation of the NLRA.

In 2011, an administrative law judgeinitially determined that a number ofcompany policies violated Section 8.Those policies were:

• A verbal rule prohibiting employeesfrom discussing their wages withother employees;

• A handbook rule requiringmanagement’s authorization for distribution of literature during non-work time in non-work areas;

• Another verbal rule prohibitingemployees from meeting with unionrepresentatives on the facility premisesat any time;

• A handbook provision prohibitingemployees from “using companyproperty for activities not related towork anytime;”

• A work rule prohibiting “poor workhabits, including loafing, wastingtime, loitering, or excessive visiting.”

In addition, the same judge foundthat a prohibition on “discourteous orinappropriate attitude or behavior”which also precluded “profane or abusive language where the languageis uncivil, insulting, contemptuous,vicious, or malicious” was not a violationof Section 8 of the NLRA.

The first two bullet points were notappealed and, therefore, were concededto have been in violation of Section 8.However, exceptions to the remainingpoints were filed.

On review, an NLRB three-memberpanel upheld the judge’s determinationregarding the prohibition of meetingwith union representatives on facilitypremises (based on the fact that one ofthe union representatives also was acurrent employee, with rights to havebeen on the premises), but reversedthe remaining designations, for thefollowing reasons:

• The board panel made a determination contrary to the judge’sinterpretation of the company policy,which stated that the term “usingcompany property” encompassed aphysical presence in non-work areaswhere employees lawfully couldengage in protected activities duringnon-work time. The policy, which wastitled “Stealing/theft,” dealt strictlywith the unauthorized removal ofproperty or funds belonging to thecompany and, therefore, did not violate the NLRA.

• Contrary to the judge’s interpretationthat the company’s no-loitering rulescould be interpreted as prohibitingprotected activities during non-worktime in non-work areas, the boardpanel found that employees wouldreasonably construe the “poor workhabits” cited in the rule to refer to afailure to perform job duties, alsoconsistent with the rule’s heading:“Work rules and employee performance.”Therefore, the policy did not violatethe NLRA.

• The panel reversed the judge’sdecision related to the company’s personal conduct rule, and determined that one section of therule was in violation of Section 8.While the board accepted the legalityof the rule’s phrase prohibiting“uncivil, insulting, contemptuous,vicious, or malicious” language, itreversed that finding with respect tothe rule’s initial phrase (prohibiting“discourteous or inappropriate attitudeor behavior”), which it found to be“overly broad” and, therefore, capableof interpretation as precluding disagreement or conflict amongemployees that could fall within Section7 of the NLRA. Therefore, the languagewas in violation of the NLRA.

The take-away for employees comesin the final paragraphs of the board’sdecision in this case, in which itaddresses the fact that the company’shandbook included a “Freedom ofAssociation” (FOA) policy, whichspecifically states that management“shall support the employee’s individualright to choose whether to vote for or against union representation without influence or interferencefrom management.”

That policy, according to the company,should preclude employees frombelieving that any of the company’srules or policies unlawfully restrictSection 7 rights.

The panel disagreed and in theprocess, provided a bullet point list ofthe factors that it considered (and,presumably, will consider in the

future) when determining whether a“safe harbor” provision is effective:

• Policy should be broad enough toinclude behavior other than unionorganizational rights, and should“address the broad panoply of rightsprotected by Section 7.”

• Placement in the handbook shouldbe prominent and/or “proximate to therules it purports to inform.”

• If a stand-alone FOA policy isincluded in a handbook, it shouldexpressly reference the rules that itaffects, just as the rules should reference the FOA policy.

Following the panel’s suggested list canhelp to assure that the company’s hand-book and policies cannot reasonably beconstrued by employees to prohibit Section7 activity and presumably will be upheldas acceptable upon NLRB review. n

Page 10 / July 25, 2014

Online CLEDelivered over the Web at your convenience. We call this 24/7 CLE. When you need the information (or the credits), log on to our Online Campus and

Live Webcasts

Upcoming Continuing Legal EducationAll PBI CLE programs are sponsored by

The Pennsylvania Bar Institute & The Allegheny County Bar Association and are held at the PBI Professional Development Conference Center

Heinz 57 Center, 339 Sixth Ave, 7th Floor, unless noted otherwise below.

Live & Simulcast Seminars

w w w. p b i . o r g 8 0 0 - 9 3 2 - 4 6 37

Distance Education at pbi.org

Video Seminars

Charge of Your Life

The Success Formula

Simulcasts from PLI

including provide prompt referral tovaluable resources, no-wait expertevaluation, counseling, service dogs,autism awareness seminars, work-shops, respite outings, video-blog,music therapy, recreational activities,a 900 member on-line support group,an on-line store with therapeuticmaterials, the nation-wide resourcenetwork of AutismLink, and more.Based in Wexford, the Center servesfamilies from throughout the tri-statearea. Roberts serves with the Estates,Trusts & Taxation group, assistingclients with estate planning, estateadministration, and probate. In addition, he has a robust corporateand real estate practice, representingbuyers and sellers in asset and stock purchases, merger and acquisition negotiations, and draftingof contracts.

u u u

Dinsmore &Shohl is pleased toannounce that PJMurray has beenelected to theAcademy of TrialLawyers ofAllegheny County.The Academy limits membershipto 250 triallawyers who primarily practicein the civil courts

in Allegheny County. Membership isgranted by invite only. The organization’sgoal is to promote the highest standardsof integrity, civility, and competencein the legal profession. Murray is aPartner with Dinsmore & Shohl. He isa seasoned litigator who has successfullytried complex civil cases for plaintiffsand defendants, individuals andbusinesses, in both state and federalcourts. He concentrates his practicein civil litigation matters involvingcomplicated issues, includingemployment law, construction law,banking law, and general business law.

Change in StatusZenford A. Mitchell is hereby

suspended forthwith from the practiceof law before the United States District Court for the Western Districtof Pennsylvania, pending final determination of the discipline to beimposed by this Court.

u u u

Merrill John Druggs is hereby disbarred on consent from the practice of law in the United StatesDistrict Court for the Western Districtof Pennsylvania, and he shall complywith all provisions of Rule 217,Pa.R.D.E., and pending further Orderof this Court.

News and NotesCarla Schiff

Donnelly, anattorney at Gentile,Horoho & Avalli,P.C., has beennamed to the exec-utive council ofthe PennsylvaniaBar Association’sCommission onWomen in the Profession (WIP)for 2014-15. Addi-tionally, she will

co-chair the WIP annual spring conference. The goals of the PBA’sCommission on Women in the Professionare to promote diversity among theirmembership and in the profession, tofurther meaningful relationships andconnections via networking andmentoring, and to focus on the uniqueissues that female attorneys face. Itidentifies barriers that preventwomen from full participation in thework, responsibilities, and rewards ofthe legal profession. It makes recommendations for action anddevelops educational programs toaddress discrimination against womenlawyers and the unique problems theyencounter in pursuing their professional careers. Donnelly focusesher practice on divorce litigation, witha concentration on high asset financialand complex custody issues, includinggrandparent rights matters.

u u u

Frederick N. Frank, foundingpartner of Frank, Gale, Bails, Murcko& Pocrass, P.C., was elected Chairmanof the Slovak-American Foundation(SAF) at their recent Board of Directorsmeeting held in Washington, D.C. TheSAF was founded in 2011 to provideeducational exchange opportunitiesfor citizens of the Republic of Slovakiaand has awarded over $1 million inscholarships since its inception. Frankhas also served as Director of theCzech and Slovak American EnterpriseFund, and is the recipient of thePresident’s Call to Service Award andthe Medal of Honor of the Ambassadorof the Slovak Republic for his serviceto the Fund.

u u u

Rothman GordonP.C. attorney Raymond M.Roberts has beenselected to join theBoard of theAutism Center ofPittsburgh. TheAutism Center ofPittsburgh offersguidance to parents of chil-dren with autism

Carla SchiffDonnelly

July 25, 2014 / Page 11

If you have an idea for an article,please contact Jennifer Pulice atjpulice@acba.org or 412-402-6623.

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As an added member bene�t, the ACBA has partnered with JobTarget,

the leading provider of world-class career centers, to provide our members

with a state-of-the-art career center.

�e career center, which can be found on our website under “Career Services,”

provides a comprehensive job search and posting resource.

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CAREER SERVICES CENTERACBA