Experience:
J. Scott Maxwell is a partner at Hamburg, Rubin, Mullin, Maxwell & Lupin and the head of its Municipal Law Department. Beginning as a judge advocate with the United States Marine Corps and continuing for almost 40 years, he has handled diverse areas in the practice of law. Now focusing primarily on municipal and business clients, Scott has become recognized as an expert in the representation of municipal entities in the area of utility law. In addition, he has developed an expertise in banking and tax-free financing issues.
Areas of Concentration:
Utility and Municipal Law
Scott spends much of his time working with municipal authorities and clients in the private sector on utility-related matters. He now serves as counsel for the statewide organization of municipal utility providers. Scott represents four municipal authorities (two since 1974) in the water and sewer sectors and is often sought out by authorities that he doesn’t represent to serve as a consultant due to his extensive knowledge of this area of the law.
While representing a utility contractor on an extensive water-supply project, Scott successfully negotiated claims against a manufacturer of defective equipment which saved the contractor in excess of $500,000 and resulted in savings for the local community. In another matter involving water supply, he was able to extricate a contractor from a project bogged down in delays caused by political issues and recover what would have been lost profit for the contractor on the project.
Banking and Financing Issues
Scott has handled financial transactions involving the local banking community and municipal-bond underwriters. In addition to working on bond issues for his municipal clients, he has also represented lenders in tax-free financing of municipal, non-profit and manufacturing projects. Scott has qualified for and is listed in the “Red Book” as an attorney permitted to issue bond opinions. He frequently deals with the Pennsylvania Department of Community and Economic Development on many financing issues.
A local fire company seeking financing, and somewhat reluctant to have the municipality borrow on its behalf, contacted Scott to see if there were a way in which the fire company could benefit from tax-free bonds. Working with the Tax Department of the firm, he advised the fire company of a little-known section of the Internal Revenue Code which allowed the fire company to issue its own tax-free bonds through the help of a local bank.
Representing five industrial development authorities with no office staff, Scott functions as their business manager in pursuing economic development through tax-free financing. Recent financings include manufacturing facilities, a chain of nursing homes in three different counties, educational institutions and facilities for social service providers enjoying not for profit status.
Corporate and Business Law
Scott is active in the venture capital area and is a founding member of the Blue Bell Angel Network. Scott has assisted clients in obtaining cable TV franchises, spotting fuel oil barges and acquiring foreign companies. He has negotiated contracts for key business personnel, as well as labor contracts.
Estate Planning
Scott also maintains an expertise in estate planning. From simple wills, powers of attorney and advance health care directives to life insurance trusts, charitable remainder trusts and family partnerships, Scott has handled these estate-planning matters for his clients. Recently, he created a family limited partnership which allowed a widow to transfer a significant amount of real estate to her child and grandchildren at significantly reduced values, saving hundreds of thousand dollars of inheritance/estate tax in the process. He enjoys estate planning because it allows him to maintain more of a personal relationship with his clients than is otherwise possible in merely handling their "business" matters.
Professional and Civic Activities:
Scott is a member of the Pennsylvania and Indiana Bars, as well as the United States Court of Military Appeals. He is a member of the Pennsylvania Bar Association House of Delegates, a past president of the Montgomery Bar Association and a past member of its Board of Directors. Scott is often requested to speak at continuing legal education seminars given by the Pennsylvania Bar Institute as well as the Montgomery Bar Association.
Scott has been very active in community affairs and was an early member of the Board of Directors of the Lower Salford Youth Association Hockey League and the Harleysville Soccer Association. Scott is the East Region Solicitor of the Pennsylvania Municipal Authorities Association and has been asked to speak on several occasions at its annual convention, which hosts over 600 municipal authorities throughout the Commonwealth.
EDUCATION
Scott obtained his undergraduate and law degrees from the University of Notre Dame. He was both a football player and assistant coach during his seven years there. He worked as an accountant during law school and, following graduation, joined the United States Marine Corp, where he spent four years in the Judge Advocate’s Corps. He is married and the proud father of four children.