By Marc Zucker
As my year as your Chancellor comes to a close, it's a time of deep reflection and tremendous satisfaction for me. In the December issue of the Philadelphia Bar Reporter, I looked back at all that this Association has accomplished in 2023, and it was a long list! But there is so much more to do, and we have only scratched the surface. Fortunately, we have a triumvirate of energetic new chancellors (Jen Coatsworth, Kathy Jaffari and Ezra Wolgelernter) to implement it, together with the bar’s superlative staff. So I offer below, with humility, some thoughts to guide our board and leadership in the years to come:
Civility and Professionalism
As incoming chancellor Jen Coatsworth reiterated in her speech on December 13, our profession continues to witness a decline in civility and professionalism, and this needs to be given priority. Our association must model civility and be a leader in moving the ball forward. Pennsylvania adopted a Code of Civility, 204 Pa. Code Chapter 99, that imposes obligations on efforts have been made to enforce it, and the Bar Association must be in the forefront of this issue. As a commercial litigator I’ve witnessed the
best and the worst of this behavior. Likewise, in my roles as commercial arbitrator and mediator, I try to cut through the pettiness that occupies so much of our day-to-day work and focus on getting to the heart of the issues at hand. I urge all of us to do the same. The myth that an attorney cannot be a zealous advocate when acting with civility must be debunked.
Adapting to AI
As we begin to recognize the full scope of what artificial intelligence will mean for our profession, it is essential that the members of our Association join together to consider appropriate regulations to safeguard privacy and other concerns that these new technologies present. Our new Privacy Committee already has begun exploring potential legislation to address automated decision-making, deep fakes and unauthorized use of personal data, among other important issues implicated by generative AI. We need to expand that effort. The legal profession as a whole must gain a clearer understanding of the increased efficiency and costs savings of AI tools and the threat that they may pose to accuracy, transparency and candor.
Our Association also must explore the unique advantages that AI can present for increased access to justice, giving those without the ability to hire a lawyer a new opportunity to frame legal arguments and distill information. Those advantages, in turn, must be balanced against ethical concerns and existing limitations on the unauthorized practice of law.
Gun violence
The proliferation of firearms and the violence, social decay and economic uncertainty that they spawn will con- tinue to fester until the best and brightest among us can frame adequate solutions. Whether these solutions are political (advancing the candidacy of those who seek common sense solutions), legislative (rallying bipartisan support for broad based solutions), judicial (continuing to challenge preemption and the obstacles to reasonable regulation) or administrative (increasing emphasis on law enforcement, restorative justice and behavioral health), we must lead the way in advocating for a safe and stable environment for those who live and/or work in the city.
Rule of law initiatives
We’re on the eve of the presidential primary season, and the stakes are high. It’s essential that lawyers be in the forefront of preserving the essential components of our democracy, whether that involves challenging voter intimidation efforts or other obstacles to the security of our polling places, seeking legislative change to permit early canvassing and other reforms, or simply educating voters as to their rights and expanding their understanding of our system. Truly there is no greater calling for our profession than protecting the rule of law.
Funding our courts to preserve and expand access to justice
Not well-publicized is the fact that our courts statewide are struggling to fund their most basic functions. This threatens to jeopardize our profession, our clients and our community. A confluence of events, from reduced economic activity resulting in reduced fee revenue to our state’s coffers, to the failure to renew streams of income that courts have come to rely upon, has led to the current crisis. We need to push collectively for supplemental appropriations to keep our courts open and then to expand their services. Other priorities include universal e-filing across the state – whether through the currently contemplated “overlay” system in conjunction with existing platforms or otherwise – and locally, a Family Court e-filing system that has been in the works far too long.
More skill building for our young lawyers and public interest lawyers
We made great strides this year in providing an opportunity for young lawyers to practice and hone their trial skills, in the face of decreasing real world chances to do so. There is room for expanding these opportunities to include deposition skills, oral advocacy, appellate advocacy and more. Let’s show our young lawyers and public interest lawyers who can’t afford expensive programming that the Bar Association stands ready to assist them achieve their personal and professional goals.
District Attorney’s Report
Last June the District Attorney’s Office released a report exposing stark racial disparities in our criminal justice system. The report received scant attention and little follow-up. While strong on identifying the problem, the report left open the potential solutions. This report demands further study and action, which the Bar Association, in its role as convener, can advance with the input of all appropriate stakeholders.
Merit selection of judges
This Association has long advocated the selection of judges based upon a system of merit, rather than the unseemly partisan electioneering and inevitable fundraising conflicts that arise when electing our judges. As political parties come to recognize that forcing judicial candidates to curry favor from the law firms that will appear before them is fraught with peril, and that a battle of dollars is no foundation for a system of justice, we are hopeful that merit selection will gain increasing popularity. In the meantime, the Bar Association has been successful in publicizing our finest judicial candidates and promoting an informed electorate. But we must act collectively to remove politics as the beginning and end of the path to the bench.
Valuing in-person opportunities
We’ve successfully demonstrated to our members this year that in-person meetings and events expand the reach of one’s network and allow a give-and-take interaction that virtual ones simply can’t replicate. That’s why our Bench-Bar Conference in Atlantic City and our Federal Bench Bar Conference broke attendance records and left us feeling inspired and empowered. Yet many members still opt for the ease and simplicity of clicking on a Zoom screen – totally understandable, but also short-sighted. While the latter approach continues to make sense for brief administrative functions, let’s remember that we are social beings at heart, who thrive on relationship-building, and that leadership development and reputations grow with personal interaction. We should all resolve in the coming year not only to utilize those opportunities to be together, but also to bring a colleague – especially a younger colleague – and model the best in our profession. Hope to see more of you in the coming months. Be sure to introduce yourself, and I’ll buy you a drink!
Marc Zucker is 2023 Chancellor of the Philadelphia Bar Association. You can reach him at mzucker@wgpllp.com.
