Defense Digest

Notes From The Executive Committee

It is an honor to have this opportunity to address those who are most responsible for our firm's dramatic growth: our valued clients and the 850-plus strong employees of Marshall, Dennehey, Warner, Coleman & Goggin. As the final member of the Executive Committee who will address you for the first time, it is not only a humbling experience but, frankly, one with which I struggled to find the appropriate topic.

I read with great interest this column for many years when our now Chairman Emeritus, Robert J. Coleman, continually addressed changes in the industry. Upon reflection, it is incredible to see how this firm has changed in conjunction with the ebbs and flows of defense litigation. Next, I had the opportunity to see my fellow Executive Committee member, Tom Brophy, write about the next generation of our firm, in terms of our management restructuring upon Bob's retirement. Thereafter, I read Pete Miller's article on what I always subscribe is rule number one in managing a law firm: having top-notch lawyers.

As I struggled to find an appropriate topic, it seemed to me that with all of these changes it might be time to get back to basics and describe how this firm is managed; in this manner our readers would learn, or in some cases be reminded, of some of the talented and dedicated personnel this firm is blessed to have as its employees.

Being a corporation, by definition and legally, we are managed by a Board of Directors. Permit me to spend a few minutes describing our firm's Directors in what has, not coincidentally, become a diverse Board, not only geographically but also along gender, ethnic and practice group lines.

Probably the longest serving member of the present Board is Thomas R. Bond. Tom joined the firm 17 years ago when he was hired to build a Workers' Compensation Department. It is our humble opinion that Tom built the largest and strongest Workers' Compensation Department in and around the City of Philadelphia. Presently, he has the title of Director of Client Relations and Development and is responsible for the firm's marketing activities.

Next, I would like to introduce you to Kathleen (Kate) McGrath. Kate has not only distinguished herself in the field of healthcare litigation, but she is also the managing attorney of our newest and third-largest office in King of Prussia, Pennsylvania. Additionally, to her credit and as a reflection of her magnificent managerial skills, Kate chairs one of the four practice groups in the firm: Healthcare Liability, a practice group numbering 54 lawyers.

One of the members of the Healthcare Liability Practice Group, Candy Heimbach, is also a member of the Board of Directors. Candy is located in our Bethlehem, Pennsylvania office and is regarded as one of the finest healthcare defense litigators in the Commonwealth of Pennsylvania.

Also serving on the Board is Butler Buchanan. Buck, as his many friends call him, is the firm's Hiring Partner. We are also proud to advise that Buck has been recognized by his peers in the defense litigation industry as he serves as a member of the Board of Directors for the Defense Research Institute.

The final two non-Executive Committee members of the Board - Scott Dunlop and Michael McGirney - are also the newest elected members of our governing body. Their ascension to the Board reflects dual success stories, in that their roles in the firm grew as did the offices they manage and Marshall Dennehey's presence in the jurisdictions where they are located. Specifically, I recall Scott Dunlop as a relatively young attorney joining the firm when we had less than five attorneys in our Pittsburgh, Pennsylvania office. I am proud to advise that presently Scott manages this office, which has 25 attorneys and 60 total employees. Additionally, Scott is the Pittsburgh Professional Liability liaison to this Department's Practice Group Director. Michael McGirney was one of the three lawyers who opened our Tampa, Florida office less than five years ago. Today, our firm has four Florida offices and 35 attorneys in this state. As our most senior Florida lawyer in terms of employment with the firm in the state of Florida, it was no small coincidence that Michael was elected to the Board at the firm's annual shareholders' meeting in December 2004. Michael is the managing attorney of our Tampa office, and he also serves as the Professional Liability liaison to the Practice Group Director for the entire state of Florida.

The final three members of the Board also serve as the firm's Executive Committee. Thomas Brophy serves as our President and Chief Executive Officer. Peter Miller serves as our Chairman of the Board of Directors and Chief Operating Officer. I chair the firm's Executive Committee. What exactly does all of this mean?

Under our firm's governing documents and, of course, by law, the firm's Board of Directors is charged with managing Marshall, Dennehey, Warner, Coleman & Goggin. However, the Executive Committee is charged with operating the firm between Board meetings and is also charged with full economic authority on all matters. Tom, Pete and I meet on a weekly basis, both in individual capacities and as the firm's Executive Committee. I am pleased to report that, six months into this new form of governance, the Executive Committee is essentially running itself with Tom, Pete and I each being responsible for the delegation of duties consistent with our new titles. Tom is responsible for managing the professional affairs of the firm on a day-by-day basis. Pete devotes his time on important and firm-wide operational issues, such as technology and leases. I spend most of my administrative time on matters such as negotiating rates, benefits, and insurance, and am also responsible for the compensation of professional employees.

What may be of most concern for our clients, as a practical matter, is how do files get assigned, how do cases get staffed, how are younger lawyers trained, and so forth. This is the responsibility of the Practice Group Directors of our firm. There are four. Tom Brophy chairs the firm's Casualty Practice Group; Peter Miller chairs the Workers' Compensation and Employment Practice Group; Kathleen McGrath chairs the Healthcare Liability Practice Group; and I am responsible for all matters that are categorized as Professional Liability. However, within this practice group management demarcation, there are several departments, each with senior shareholders who are responsible for the day-to-day events within their practice groups. For example, Professional Liability has nine different departments. One of these is Toxic Tort, which is chaired by our esteemed senior shareholder, Daniel J. Ryan Jr. Dan is responsible within this department for all of the decisions which go into appropriate and effective file handling for his department.

I hope you will find this explanation of our management system useful as we continue to work through the myriad of events and cases that we will be working on together for many years.

I have been extremely blessed to have started my career at this firm and feel even more so, these 25 years later, to have the honor of being the Chairman of the firm's Executive Committee bestowed upon me. If there is anything I can do to be of assistance to any of the readers of this publication, my door is and will always be open. Knowing the type of people with whom I have had the privilege of working with these past 25 years, I feel I can say the same, for not only those individuals listed above, but for all of the proud employees of Marshall, Dennehey, Warner, Coleman & Goggin.

Thank you.