By Hon. Abraham Gafni (Ret.)
It often has been stated that to be a successful leader, one must possess the qualities reflected in five “E”s: education, experience, expertise, energy and empathy. My years of interaction with Marc Zucker, who in 2023 will become the 96th Chancellor of the Philadelphia Bar Association, reflect that he is fully qualified in this regard. I first met Marc in the 1980s when I was still serving as a Common Pleas judge, and he was a young associate in the Mann Ungar firm. Since then, I have come to know him well through our mutual association and collaboration with the Villanova Law School Inn of Court, the law school’s trial advocacy program, and the Jewish Federation of Greater Philadelphia and its Community Relations Council, which he chaired. His passion and commitment to service, advocacy and consensus were palpable in these activities, and I’m personally looking forward to seeing him attain this next step in his career.
Education: Marc is a graduate of Haverford College and Villanova University School of Law, from which he received a special award for service to the law school in 2018. His contact with legal education did not end with his JD degree. Rather, he continued to grow and help others grow in numerous ways, through 15 years of service as an adjunct professor of law at Villanova and as president of Villanova’s Inn of Court. In addition, he has planned and participated in more than 20 continuing legal education programs for the Philadelphia, Pennsylvania and American Bar Associations and has written extensively for the ABA Litigation Section’s Commercial & Business Litigation Committee, which he recently chaired.
Experience and Expertise: Currently a partner at Weir Greenblatt Pierce LLP, Marc’s legal career of almost four decades has involved representing plaintiffs and defendants in complex commercial litigation matters in both state and federal courts. His expertise has been recognized by the courts, which have worked closely with him to improve the Commerce Judge Pro Tem program, appointed him as a receiver, and awarded him its inaugural Commerce Judge Pro Tem award in 2017. His frequent selection as an arbitrator and mediator of complex commercial disputes solidifies that reputation.
Energy: That Marc possesses the energy necessary for any Chancellor is reflected in the multitude of activities in which he has been involved, both within and outside the bar association. Among his Philadelphia Bar activities, aside from the officer positions he held prior to being elected Vice Chancellor, have been his service as chair of the Board of Governors and of the Business Litigation Committee. Perhaps equally reflective of his concern for the bar have been his role as chair of the By-Laws Committee and his long time service on both the Commission on Judicial Selection and Retention and the Professional Guidance Committee.
In the Pennsylvania Bar Association, he has served as a member of the House of Delegates and on the Federal Practice and the ADR Committees. Nationally, for the ABA, he has co-chaired both the Litigation Section’s Commercial and Litigation committees, as well as the Corporate Counsel Committee and was recently appointed to its Standing Committee on Professionalism. His activities have ranged beyond bar associations, as he has served in numerous organizations including Philadelphia VIP and the American Inns of Court Foundation, as well as for non-legal groups such as chair of both the Pennsylvania Jewish Coalition and the Jewish Community Relations Council.
Empathy: The final quality, empathy, is perhaps more difficult to quantify, but is one that is most often noted when leadership is being considered. Empathy is the ability to understand and feel what someone else is experiencing. It is the ability to place oneself in the shoes of another, which will allow working towards goals that address the feelings and needs of those who will be affected.
Anyone who has been in a meeting with Marc will recognize that he interacts with people in a genuine manner. He is always engaged in active listening, which allows him to sense the needs of the group and to create successful collaborative and cooperative relationships.
Unquestionably, each of these “E”s will serve Marc well as he begins his tenure for the coming year. I recently asked Marc some questions to flesh out his thoughts as he begins his year as chancellor:
JUDGE GAFNI: Tell us about your background.
MARC ZUCKER: I was born in Philadelphia and grew up in Montgomery County. My father and mother worked together as opticians for over four decades. They cultivated an atmosphere of unconditional love, stressing the importance of family, hard work and putting the needs of others before oneself. My older sister (now an award-winning public relations professional) fostered a love of art, music, literature, and Holocaust studies, and kept me humble. I went from Lower Merion High School up the road to Haverford College and then further up the road to Villanova Law School. I loved Haverford and was inspired by the sense of mutual respect, trust and civility in dispute resolution that it engendered through its honor code and its amazing faculty and socially conscious student body. A college semester in Israel furthered my political aware- ness and my interest in experiencing a multiplicity of perspectives and cultural backgrounds.
GAFNI: When and why did you decide to become a lawyer?
ZUCKER: I’ve wanted to be a lawyer since junior high school, inspired by a sincere desire to make a difference and the sense that understanding of the law provided a roadmap for how to get things done. My father had entered law school before I was born, but ultimately gave up on that dream. I’m sure I unconsciously also wanted to reach the goal to which my father had aspired. My early interest was in journalism, and I dabbled in that along the way, but have never looked back.
GAFNI: How did you first become involved in Philadelphia Bar Association activities?
ZUCKER: My entry points were the Business Litigation Committee, Federal Courts Committee, the Professional Guidance Committee and the Judicial Commission. I found that the most satisfying roles were the ones where I could collaborate with colleagues toward a higher goal.
Through the Business Litigation Committee, I worked with the heavy hitters like Mark Sonnenfeld, Mitchell Bach, Darryl May and Ed Biester, who were drawing up guidelines for what became the Commerce Case Management Program, and that showed me what a great impact the Bar Association can have on advancements in the court system. Later, I served on the Commerce Judge Pro Tempore task force, working with the court to make the process more successful. Ultimately, I served as vice chair and then chair of the committee as a whole and won an award for my service.
One of my early roles in the Federal Courts Committee was as a member of its e-discovery task force, again working together with members of the judiciary to comment on rules that proved to be so important to the daily work of litigation.
The Professional Guidance Committee also was a great introduction to the impact of the Bar Association, as each month we help craft opinions to guide other attorneys confidentially in navigating ethical quandaries.
The Commission on Judicial Selection and Retention is a true gem of our association, advancing the goal of a quality judiciary, and I worked for decades as an investigator and team leader before I was appointed to the commission itself.
GAFNI: Why has it been important for you to be involved in bar association activities?
ZUCKER: The Bar Association gives me a big-picture perspective and an opportunity to learn from colleagues that I respect, to work together on important projects, to meet great practitioners with whom I can interact on cases, and to advance causes that I strongly believe in, including access to justice and diversity, equity and inclusion (DEI). It’s the best investment and the most valuable asset in professional development that one can imagine.
GAFNI: Why did you want to be Chancellor?
ZUCKER: I ran in part because it was the natural extension of growth within the Bar Association, having served the Association in so many other roles since I joined back in 1986. But that’s an oversimplification. I believe strongly in professionalism and civility, in the need for criminal justice reform, pro bono service and access to justice, and in the need to engage lawyers to advance our profession and our society. Being at the helm of the association gives me a vehicle to advance these goals. And it’s no secret that our society is pulling in opposite directions, with ongoing threats to democracy and our institutions. I’ve always viewed myself as a bridge builder – open to different points of view— and a voice of reason. I hope to do what I can to bring us together in constructive ways and to speak out in support of the rule of law.
GAFNI: What role should the Philadelphia Bar Association play today for the legal profession, for our community and generally for society?
ZUCKER: We have a lot on our plate. First, we are a trade association dedicated to the well-being of Philadelphia lawyers, advancing professionalism and civility in the profession, educating our members, advocating for their needs, and promoting opportunities for professional advancement. Second, we are dedicated to improving the legal system as a whole, proposing reforms, speaking out on behalf of judges who are precluded from speaking out for themselves, and correcting misperceptions of the legal system among citizens of Philadelphia. Third, we are committed to advancing the public interest, promoting access to justice, targeting elements of systemic racism, encouraging pro bono representation and advocating initiatives that strengthen the most vulnerable in our society.
GAFNI: What do you hope to achieve as Chancellor in the coming year?
ZUCKER: Obviously, I want to advance the goals that I’ve already mentioned. More specifically, I want to be sure that we’re looking at reforms in the criminal and civil realms that can make our system as fair as possible. Likewise, I want to maximize opportunities for skill-building for our young lawyers and for professional advancement of all of our members. And pro bono service is essential; we have a continuing crisis in which the number of clients in need of pro bono representation far out- strips the number of attorneys willing to represent them. It’s time for all lawyers to step up and for the bar association to encourage that effort.
GAFNI: For more than 36 years you’ve been married to Hon. Karen Eisner Zucker, a magisterial district judge in Montgomery County. How have these dual and different legal careers impacted you both professionally and personally?
ZUCKER: I met Karen in law school, and it was love at first sight. She’s a dynamo —bright, high energy, tenacious, sparkling and fun. And she laughs at my jokes, which few people do. She’s been my muse, my advisor and my cheerleader, and a damn good judge. We don’t discuss particulars of our cases in order to safeguard confidentiality, but guide each other on broader legal issues and organizational goals. Karen’s dedication to justice, her compassion, her strong belief in civics education and her insight in history and government have been inspirational. Since we understand the nature of each other’s work, it’s easier to understand each other’s stresses and celebrate each other’s accomplishments.
GAFNI: How can younger and retiring lawyers become more involved in and contribute to the activities of the Philadelphia Bar Association?
ZUCKER: There’s truly a place for everyone in this association. Younger lawyers often join our Young Lawyers Division, run for a position on its executive committee, volunteer for Legal Line, speak in schools, participate in skill-building seminars, and join any of our sections and open-enrollment committees (from Women in the Profession to the Wellness Committee and so many others). Retired lawyers gravitate toward our Senior Lawyers Committee, serve as mentors through our mentoring committee, mediate lawyer-client issues in our Fee Disputes Committee, collaborate on reforms, weigh in on legislative developments through our Legislative Liaison Committee, and help to propose and plan substantive CLEs among other activities. But these are just a sample of the activities available. Local, in- person networking opportunities are key for everyone, and there are substantive sections to suit everyone’s needs with tons of programs and initiatives. Lawyers of any age group can— and should— provide critical pro bono services through our partner organizations.
GAFNI: You’ve held leadership positions with the Jewish Community Relations Council, Pennsylvania Jewish Coalition and other communal organizations over many years. What impact do those past activities have on your bar association activities?
ZUCKER: The impact has been profound. Each of these organizations is outward-looking: building coalitions with other religious, ethnic and racial groups, finding common ground, fostering a sense of shared values, building consensus and mediating among differing perspectives – often strikingly different perspectives – while moving the ball forward. Along the way, we’ve fought racism and anti-Semitism, advocated for hate crime legislation, LGBTQ rights, restrictions on gun violence, and other issues that the Bar Association cares about as well. It has strengthened my skill set in these areas, which helps me across the board as a lawyer, mediator and bar leader.
GAFNI: You have been very active with Villanova Law School, having been the president of its Inn of Court and received an award for service to the school. What responsibility, relationship and contribution do you believe the Bar Association, and you as Chancellor, should have toward legal education, particularly as it relates to our local legal educational institutions?
ZUCKER: We’re fortunate that the law schools in our area pursue excellence and train future lawyers. The Bar Association has made great strides in increasing membership among law students, including having faculty on our board, awarding scholarships to law students, planning networking opportunities, sponsoring a student writing competition and others. I’d like to expand opportunities to build lasting relationships with those students so they’ll stay in the Philadelphia area and find a home in our Bar Association.
GAFNI: Will some continuation of a pandemic affect your activities and those of the Bar Association?
ZUCKER: Certainly. On a micro-level, it’s going to affect what our meetings, events and seminars look like — whether virtual or in person, for example. On a macro level, it directly affects our agenda. I’ve been impressed at how quickly the Bar Association mobilized to coordinate with the First Judicial District and federal courts in (1) developing COVID-related protocols and communicating them to our members, (2) addressing cutting-edge issues such as insurance coverage for COVID-related losses, employment advice, interpretation of force majeure clauses and the like, (3) guiding practitioners on cybersecurity risks arising from remote practice, (4) offering mental health and wellness support, (5) advocating for the CLE Board to accept online programs, (6) advocating for online bar exams, (7) stemming the rising tide of evictions by supporting the Eviction Diversion Program and right to counsel initiative, (7) trying to get earlier vaccinations for defense lawyers meeting with clients in prisons and other congregate settings, and a host of other initiatives. Much of this critical work was unsung, during the tenure of past chancellors Hon. Mike Snyder (ret.) and Lauren McKenna. If COVID surges or other circumstances persist, our agenda will continue to adapt accordingly.
GAFNI: Thank you, Marc. Your responses are most inspiring and reflect what we all expect under your Chancellorship – leadership that will cope most successfully with the many challenges confronting lawyers, the bar and society today.
Hon. Abraham Gafni (ret.) has been a professor of law at Villanova University’s Charles Widger School of Law since 1994. He was previously a judge of the Court of Common Pleas in Philadelphia, where he served as Court Administrator of Pennsylvania for two years.
