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Tom & Stacy Donnelly joined Jessica Pritchard and Mark Gibbons at the Heritage Conservancy Farm to Table Dinner August 6, 2016

Firm Partners Bill Antheil, Sue Maslow, Bill MacMinn, Tom Donnelly, Jessica Pritchard cut the ribbon on our new building expansion November 2015

AMM’s Client Appreciation BBQ held annually during the Doylestown Arts Festival/Bike Race weekend

Sue Maslow Accepts Quality Agency Award on Behalf of Big Brothers Big Sisters of Bucks County

You are invited to join us:

When: Sunday, September 11th: 12:30 – 3:00.

What: Antheil Maslow & MacMinn's Annual Client Appreciation BBQ.

Where: AMM's Doylestown Office, 131 West State St. Doylestown.

We hope you’ll join us for some great food and refreshments and enjoy a fun afternoon in the heart of Doylestown!  This event includes a BBQ lunch and a front row seat to the Doylestown Arts Festival and Bike Race.

All of our clients and friends are welcome.

Reprinted with permission from the June 24, 2016 issue of The Legal Intelligencer. (c) 2016 ALM Media Properties. Further duplication without permission is prohibited.

The digital age and pervasive use of email communication gives rise to an entirely new and complex set of issues pertaining to the application of the attorney client privilege and the potential claim for waiver of that privilege.  Many commentators have addressed the use of commercial email servers and the implications of the terms and conditions applicable to such email accounts citing the potential that emails transmitted through such accounts may not be secure or protected.  The commercial provider’s right to use, retain or review the information communicated may impact on the privilege.   Even more complex are the issues that arise when email communications pass between a lawyer and a client utilizing an email account provided to the employee by the employee’s employer, or using an employer provided computer. While the law on an employer’s right to review information passing through its computer systems is continuing to develop, the application of that law to potentially attorney client privileged communications is in its infancy.   Research regarding the application of attorney client privilege to email communications exchanged through an employer’s email server reveals no case directly on point where the advice of counsel is sought regarding matters involving the employer.   

Litigants seeking discovery of attorney client communications through an employer sponsored email account cite the principles developed in cases of inadvertent disclosure and the requirements for invoking the attorney client privilege.  Pennsylvania law permits the invocation of the privilege if the communication relates to a fact of which the attorney was informed by his client, without the presence of strangers, for the purpose of securing either an opinion of law, legal services or assistance in a legal matter.   Nationwide Mutual Ins. Co. v. Fleming, 924 A.2d 1259 (Pa.Super. 2007).  In Carbis Walker, LLPv. Hill Barth and King, LLP, 930 A.2d 573 (Pa.Super.2007), the Superior Court adopted the five factor test to determine whether inadvertent disclosure amounted to a waiver of the attorney client privilege; (1) the reasonableness of the precautions taken to prevent inadvertent disclosure in view of the extent of the document production; (2) the number of inadvertent disclosures;(3) the extent of the disclosure;(4) the delay and measures taken to rectify the disclosure; and (5) whether the overriding interests of justice would or would not be served by relieving the party of its errors.

Few experiences in life are as emotionally challenging as divorce.  It is not surprising that clients may focus on the issuance of the Divorce Decree as the end of a very painful chapter in their lives. After all, as of the signing of the Divorce Decree, the parties are divorced, and the work is over.  Unfortunately, in most cases, there is still important work to be accomplished even after the judge signs the Divorce Decree.  Family law clients will have an easier time accepting this reality if they know in advance that the Divorce Decree is not the last step in their case.

There are many important matters that may remain outstanding when a Divorce Decree is issued, and some of the key factors are discussed here.   Most divorce clients resolve the division of their assets by entering into a settlement agreement, or a judge issues an order resolving all claims related to the marriage.  Those assets are then typically divided after the Divorce Decree is issued.  Bank accounts are divided and closed.  If there are retirement accounts to be transferred, there are very specific and time consuming rules to follow to transfer the retirement assets from one spouse or ex-spouse to the other.  The retirement assets can take many months to divide which is understandably frustrating for clients.  Mortgages on real estate may have to be refinanced and deeds transferred.  While these procedures can be time consuming and frustrating to complete, clearly, they are critical to the future financial well-being of the parties involved, so perseverance and patience will pay off in the long run.

After those issues relating to marital property, claims and assets are resolved, there are still some items that we suggest clients accomplish after the Divorce Decree to ensure that they have all the legal documentation completed to address their needs post-divorce.  A spouse may want to retake her maiden name.  Also, we suggest that Wills and Powers of Attorney be updated so that the ex-spouse is no longer included in the Will or has Power of Attorney.  Beneficiary designations should be updated for life insurance policies, retirement accounts and other assets as well.  These are merely some of the items that may have to be accomplished post-Divorce Decree.

In order to have realistic expectations of the divorce process, it is important to understand from the start that everything is not finished when the judge signs the Divorce Decree.  There is usually more work to be accomplished before the case is completed.

Prenuptial Agreements

A Prenuptial Agreement is simply a practical consideration of the legal and financial issues which should be considered by any couple prior to marriage.  If properly drafted, it provides peace of mind that your interests are protected in the event of a divorce.  Particularly for individuals or couples who bring significant wealth to the marriage or where one party brings a lot of debt, a premarital agreement isolates those assets and liabilities and streamlines the legal process.  In most cases, this is a very positive process which allows both parties to clarify and consider a range of important issues and agree on what actions they should take if certain circumstances occur.

Postnuptial Agreements

A postnuptial agreement is a legal contract signed after a couple enters a civil union or marriage. It dictates how the couple’s financial affairs and assets will be divided in the case of divorce or separation. Postnuptial agreements can spell out the division of all property acquired individually and together from both before and after the marriage. This document can also include details about incurring debts and spousal or child support.

There may be many reasons for married couples to consider a postnuptial agreement.  Some of the most common are in cases of second (or third) marriages with children from a previous marriage where parties may want to ensure that some assets go to their children, if one spouse steps out of the workforce to spend a significant amount of time caring for children in order to ensure financial security in the event of a divorce, or in cases where the financial status of either spouse has significantly changed.  

Jessica Pritchard will be honored by the YWCA Bucks County as a 2016 "Women Who Make a Difference" Awardee at the organization's 25th Annual Awards Celebration on May 12th.  Ms. Pritchard is being recognized for her many personal, professional and volunteer activities which improve the lives of others and make Bucks County a great place to live. 

Ms. Pritchard is an active member of several professional and charitable organizations. She previously served as the assistant solicitor for the Bucks County Department of Mental Health and Developmental Programs and as a member of the Bucks County Mental Health and Developmental Programs Advisory Board. As the mother of a child with special needs, Ms. Pritchard has an interest in the local human services community. She is also a former member of the Board of Directors at the Lenape Valley Foundation.

As a member of the Board of Directors of the Bucks County Bar Association, Ms. Pritchard serves as Secretary of the Association as well as chair of the Family Law Section. Ms. Pritchard provides pro bono family law services to disadvantaged members of the local community.

Ms. Pritchard represents military veterans free of charge through the Pennsylvania Bar Association's Lawyers Saluting veterans Program, which is coordinated through the Pro Bono Office and military Veterans' Affairs Committee.  She serves as a member of the Board of Directors of the Duskin Stephens Foundation, which benefits the families of fallen veterans of Special Operations Forces.

 

  

Pennsylvania has adopted specific provisions relating to a shareholder’s right to inspect the books and records of a corporation duly organized under the laws of the Commonwealth.  The Business & Corporations Law clearly provides for a shareholder’s inspection of corporate records, including the share registry, books of account and records of proceedings upon written notice stating a proper purpose.  However, when the legislature adopted the Limited Liability Company Law of 1994 (the “LLC law”) no similar provision was made relating to a member’s right to review company books and records, and no reference was made to the right of inspection applicable to corporations.

The absence of a specific reference in the LLC law does not mean that a member in a Limited Liability Company does not have the right to inspect business records.  The statute approaches that right from a different direction through the application and incorporation of partnership law.  Section 8904 of the LLC law incorporates by reference provisions relating to general partnerships in the case of a member managed LLC and additional provisions related to limited partnerships in the case of a manager managed LLC.  In either case, the provisions of Chapter 83 relating to general partnerships are rendered applicable.

Section 8332 provides that “the partnership books shall be kept, subject to agreement between the partners, at the principal place of business of the partnership, and every partner shall at all times have access to and may inspect and copy any of them”.  While partnership law does not define the types of records which are to be maintained in the same manner as the provisions relating to corporations, the statutory intent appears to be the same and thus the types of records subject to inspection are arguably similar in scope.           

There are material differences between the right applicable to corporations and partnerships/ LLC’s.  One major difference is that the partnership/LLC provision does not reference a requirement that the partner seeking an inspection state a “proper purpose” for the inspection.  The right as stated appears to be absolute as to partnerships/LLCs whereas in a corporate setting the shareholder must identify and communicate the purpose.  In addition, the provisions relating to corporations specifically provide for a cause of action for review of corporate records and for the recovery of attorney fees associated with the enforcement of that right.  No provision in the partnership law applicable to LLCs provides a specific similar right, nor the recovery of attorney fees.  A practitioner is left to argue the applicability of the provisions relating to corporations and the similarity of purposes served by the two statutory provisions.