The Philadelphia Lawyer

FALL 2015

New and events of the Philadelphia Bar Asso.

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FROM THE EDITOR Fourth Time's the Charm B Y S T E V E N R . S H E R T o those of you who are young lawyers, greetings. To those of you a few years older, greetings again. To you baby boomers, greetings, greetings and greetings. And to anyone near retirement age or older, I bring greetings for the fourth time, as I ascend to become the editor-in-chief (hereafter, editor) of The Philadelphia Lawyer. Around 1973, I joined this magazine as an associate editor. Back then, each associate editor rose one rung on the masthead ladder every year, eventually rising to become editor for a one-year term, and then either disappearing or serving as an emeritus editor (almost an honorary position) for a short while and then disappearing. When the late (and very much missed) Harry Lore ended his tenure as editor, he asked the powers that were whether he could go back to the bottom of the associate editors' line-up and begin the yearly rise to the "in-chief" spot again. Told "yes," he did so, as did several of us in the line under him. Why? Because we loved being on the editorial board, critiquing (and yes, editing) submissions, writing our own articles and stories and, most of all, attending the monthly editorial board meetings, where all of our comments, criticisms and plaudits were expressed in no uncertain (and, back then, often very politically incorrect) terms. Replete with intellectual, literary and cinematic allusions, these meetings were verbal free-for-alls. We still love it, even today's toned-down quasi- politically correct versions. And here I am, the first person to be editor for the fourth time. One benefit (and duty) of the editor is to write an editor's column for each of their issues. With the subject matter being completely at the discretion of the editor, they can be law-related (or not), personal or a combination of both. I have written quite the gamut. My first column, in spring 1984, dealt with criticism of judges by lawyers and my own support of "scatological jokes and sexual humor" (Did I say this was before political correctness?). Next I took a stand against judges participating and electioneering in Philadelphia Bar Association elections, a hot topic at the time. Then came my "expose" of the connection between law journal status and large-firm hiring practices, which effectively excluded virtually every "average lawyer" from consideration. Finally, I allowed that "just" criticism of judges by lawyers was acceptable. By the time I became editor for the second time in 1995, I was no longer a "regular" lawyer. Even though I had become a full- time assistant professor of legal studies at Drexel University's College of Business and Administration (now the LeBow College of Business) in 1979, I tried to keep a semblance of private practice, but as I worked toward (and then earned) tenure, my law practice dwindled to little more than paying for my license, my malpractice insurance, my Association dues, taking CLE and giving free advice to my students. From time to time I was a consultant to some of my lawyer friends who valued my expertise in selected areas. Reflecting the change, I wrote about me, including the path I followed to enter and become part of our profession, and my first jobs. That year I wrote what I consider my best magazine sentence ever, one most lawyers my age will chuckle at, "What the hell's a Praecipe?" The last two columns detailed my journey in and out of law jobs and in and out of a very small family business, culminating in my joining the tenure-track faculty at Drexel. This precipitated the demise of my active legal career, so that I was no longer a "regular" lawyer. As the third stint as editor arrived in 2005, I was so far removed from practice that my editor's columns contained nothing about law or lawyers after introductory remarks. Instead I wrote about bicycles; Long Beach Island, N.J. in the mid-late 1950s; and a bicycle trip I took from home (in Philly) to Beach Haven (on L.B.I.) in 1961. So, now here I am again, in 2015, even farther removed from the practice of law, so much so that for years I have had a completely different view of the profession from that of any other editor of this magazine. In fact, I admit that at times I gently laugh at some of the hoops "you" all now have to jump through: formal engagement letters, electronic filings and discovery, "clouds," the need to be an informed user of computing technology, social media and more, just to avoid violating the Rules of Professional Responsibility. I am so glad I am no longer in active practice. For me, the whole legal world has become way too complicated. This includes substantive and procedural law itself. CLE used to keep me current; now it 4 the philadelphia lawyer Fall 2015

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