Berks County Bar Association The Berks Barrister Winter 2019 - 47

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Closing Argument

LAWYERS ARE FRUGAL. THEY HAVE EVERY RIGHT TO BE.

D

By Donald F. Smith, Jr., Esquire

espite what many in the public may think, lawyers are not
overpaid leeches of society. Instead, they are advocates for
a just society whose income, nevertheless, is dependent
upon members of the public in need of legal help finding them,
meeting with them and then retaining them.
Since the Great Recession, competition among lawyers has
increased, but also, lawyers are facing increased competition from
internet sites. Not to mention the increasing number of litigants
who insist upon representing themselves, relying upon the legal
guidance provided by the internet, family members and "friends"
on social media.
Together with the increased pressure to retain clients and
generate fees, there is the concurrent problem of increasing
overhead. The expenses of technology, health insurance, office
space and staff compensation, to name only a few,
keep rising.
Unfortunately, the Bench and the County
Commissioners have not been allies on the income
front. Guardians ad litem, parental coordinators
and court-appointed attorneys are woefully
underpaid. Apparently, lawyers have simply
become commodities. Also, in personal injury
cases on behalf of minors, when settlement requires
court approval, a judge, far removed from his days
of private practice, should not unjustifiably reduce
a fee clearly earned by counsel. Unfortunately, there
are cases where that's exactly what happened. In
other courtrooms, pro se litigants are frequently
taken ahead of attorneys in motions court, a
practice that increases the down time for those attorneys required
to wait while those unlearned in the law take up valuable court
time. Showing such favor only encourages more pro se litigation.
Pressures on the practice of law are not just locally imposed.
What trouble might the Pennsylvania General Assembly have
in store for the legal profession in 2019? With budget deficits
looming and the movement to eliminate property taxes gaining
momentum, it is certain that legislators, looking for new revenue
sources, will again undertake an effort to impose a sales tax on legal
services. The Pennsylvania Bar Association's legislative department
and its Political Action Committee have played a large role in
defeating such initiatives in prior legislative sessions. But as the
demands for tax "reform" grow greater, so does the need to be fully
prepared for future battles on this issue.
Consider how a sales tax on legal services adds to the overhead.
The bookkeeping headaches in the calculation, collection and
payment of the tax cannot be minimalized. If imposing such a
tax becomes law, it is a given that state auditors would be quick
to target law firms for an accounting, resulting in attorneys facing
potential civil, if not criminal, penalties for any deficiencies that

are uncovered, no matter how innocent. Furthermore, it would
mean increasing the cost of representation, as the tax is passed on,
antagonizing clients and encouraging them to seriously consider
alternatives to retaining Pennsylvania counsel.
While being frugal in the practice of law is understandable,
even commendable, it should not mean turning one's back on a
true ally. The PBA's legislative team deserves our financial support.
While its record of legislative success alone justifies such assistance,
an added incentive is that Berks County enjoys a presence in the
PAC's leadership. I was recently appointed to serve as a PAC
Board director, but, more importantly, our own Jill M. Scheidt,
Esquire, is the current PAC Board Chair.
Although our Bar Association makes an annual contribution
to the PBA in support of its hard-working legislative department,
the BCBA, as a 501(c)(6) entity, is prohibited from
giving to a political action committee. Therefore,
only individual members can contribute to the
PAC. No contribution is ever too small, but, as an
investment that serves to protect our profession, it
is no less important than one's investment to keep
current in technology.
Since September 2017, in addition to Jill and
myself, these BCBA members have made that
investment: Kurt Althouse; Jana Barnett; Tom
Bell; Brian Boland; the late Pete Cianci; Charles
Dutko; Jeff Franklin; Richard Geschwindt; Jacob
Gurwitz; Fred Hatt; Tom Klonis; Joan London;
Heidi Masano; Fred Mogel; Andrew Onwudinjo;
Jesse Pleet; Bill Roberts; Bill Rush; Betsy Sprow;
Jim Stallone; Geoffrey Stoudt; and Terry Weiler. Thank you! This
roster of local contributors needs to grow, especially when you
consider that these 24 contributors represent less than 5 percent
of our total membership. If you have not done so already for the
current campaign, please send a non-corporate check payable to
PABAR-PAC, P. O. Box 186, Harrisburg, PA 17108-0186.
A PAC contribution, in any amount, costs less to the
practitioner than the consequences imposed by a sales tax on
legal services and, thus, is being frugal. In the long run, such a
contribution saves money and retains clients. Giving by more
BCBA members-whether young, seasoned, solos, in small or
large firms, comfortable or struggling-means more legislators
will receive the message. Not just on behalf of the profession, but
also on behalf of those seeking an access to justice that cannot be
achieved on the internet or by self-representation.
Please send your check to the PABAR-PAC today, thereby
furthering frugality.
Mr. Smith is the Executive Director Emeritus of the Berks County
Bar Association.
Winter 2019 | 47
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Berks County Bar Association The Berks Barrister Winter 2019

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