DecemberDecember 2010 2010 • •Volume Volume 34,34, NumberNumber 5

In This Issue: • Notice of the Nominating Committee • Upcoming CLE Seminars • 2011 Delaware Legal Directory Order Form

December 2010 • The Journal of The Delaware State Bar Association 1 Delaware State Bar Association The following positions on the Executive Committee of the Association must be filled for the year 2011-2012: Vice President-at-Large; Vice President, New Castle County; Secretary; Assistant Secretary; Treasurer; Assistant Treasurer; Six Members-at-Large Note: The Vice President, Kent County and the Vice President, Sussex County will be those persons selected by, respectively, the Kent County Bar Association and the Sussex County Bar Association. The following position must be filled for terms as noted: One (1) DSBA Representative to the Delaware Bar Foundation Board for a four-year term The Nominating Committee wants to consider all interested candidates. If you are interested in serving on the Executive Committee or would like to recommend a candidate, please send your name or the candidate’s name along with any helpful background material to Rina Marks, Executive Director, Delaware State Bar Association, 301 North Market Street, Wilmington, DE 19801 by February 14, 2011.

WE NEED YOUR HELP TO FIND STRONG LEADERS FOR THE FUTURE! The Nominating Committee consists of: Allen M. Terrell, Jr., Chair Benjamin Strauss, Vice-Chair

New Castle County Michael W. Arrington (2011) Christine K. Demsey (2012) C. Malcolm Cochran IV (2013) David J. J. Facciolo (2011) Charles J. Durante (2012) Dominick T. Gattuso (2013) Regina E. Gray (2011) Frances Gauthier (2012) Rosemary S. Goodier (2013) Vivian A. Houghton (2011) Dennis J. Menton (2012) Ian Roberts McConnel (2013) Andrew A. Lundgren (2011) Tanisha Lynette Merced (2012) Thomas V. McDonough (2013) Emilie R. Ninan (2011) Edward A. Tarlov (2012) James W. Semple (2013) Sheldon Kevin Rennie (2011) W. Jeffrey Whittle (2012) Christopher Page Simon (2013) Rafael X. Zahralddin-Aravena, (2012)

Kent County Sussex County Carol P. Braverman (2011) Dennis L. Schrader (2011) F. Michael Parkowski (2012) Veronica O. Faust (2012) Jeffrey Alexander Young (2013) James Davis Nutter (2013) The Journal of the Delaware State Bar Association is published monthly with a combined July/August issue by Delaware State Bar Association 301 North Market Street Wilmington, DE 19801 December 2010 Volume 34 • Number 5 302-658-5279 (From Kent and Sussex Counties) 800-292-7869 FAX: 302-658-5212 FEATURES www.dsba.org President 2 Notice of the Nominating Committee Matthew M. Greenberg Executive Director 11 Nominations Sought for Law Day Awards Rina Marks Editorial Board 12 And the Miracle Lives On David W. deBruin By Richard K. Herrmann, Esquire Michael L. Sensor Seth L. Thompson 13 Photographs from the Executive Committee Liaison Celebration of Judicial Merit Selection in Delaware Theresa V. Brown-Edwards Vice President-at-Large 18 My Experience with the Rule-Of-Law Mission in Iraq Publications Editor By Albert H. Manwaring IV, Esquire Rebecca Baird

© Copyright 2010 by the Delaware State Bar Association. All Rights Reserved.

The Bar Journal is the independent journal of the Delaware State Bar Association. It COLUMNS is a forum for the free expression of ideas on the law, the legal profession and the administration of justice. It may publish 4 President’s Corner articles representing unpopular and controversial points of view. Publishing and 6 Editor’s Perspective editorial decisions are based on the quality 10 Tips on Technology of writing, the timeliness of the article, and the potential interest to readers, and all 14 Pro Bono Spotlight articles are subject to limitations of good 16 Ethically Speaking taste. In every instance, the views expressed are those of the authors, and no endorsement 20 DE-LAP Zone of those views should be inferred, unless 22 Book Review specifically identified as the policy of the Delaware State Bar Association. 26 Judicial Palate

All correspondence regarding circulation, subscriptions, or editorial matters should be mailed to: Editor, DSBA Bar Journal Delaware State Bar Association DEPARTMENTS 301 North Market Street Wilmington, DE 19801 or e-mailed to: [email protected] All inquiries regarding advertising should 8 Calendar of Events be directed to the address above, 9 Section & Committee Meetings Attention: Advertising, Bar Journal. 15 In Memoriam 17 Disciplinary Actions Letters to the Editor should pertain to recent articles, columns, or other letters. Please limit to 24 Bulletin Board 250 words. Unsigned letters are not published. All letters are subject to editing. Send letters to 301 North Market Street, Wilmington, DE, 19801, Attention: Editor, Bar Journal. Cover Photo Credit: ©istockphoto.com/contour99

3 The Journal of The Delaware State Bar Association • December 2010 President's Corner

By Matthew M. Greenberg, Esquire

he end of the year is a time to them in a project, or accompany them to a challenges that our legal service organiza- assess accomplishments and section event. By making connections and tions face during these difficult economic set goals. This is true for us building these relationships, not only is times. As a result of the reduced funding Tindividually and as a Bar. This month, our Bar strengthened and solutions to our and increased demand for services, there we celebrate one of the highlights of the challenges developed, our individual pro- are ample opportunities for your assistance year with the admission to the Bar of a fessional lives are enhanced by the experi- and involvement. By becoming involved new class of lawyers to practice before the ence. So, just as our new members look to and working with a newly admitted at- Supreme Court for the State of Delaware. become involved, please consider joining torney on a pro bono case, we can instill The admission ceremony conducted by them by participating in any number of the importance of such work, ensure the the Delaware Supreme Court is both social, educational, public service, or pro- development of their skills to practice impressive and personal. We before our Courts with the are fortunate that members professionalism and civil- of our Supreme Court con- The arrival of new members provides ity that Delaware lawyers duct such a ceremony for our section and Bar leaders, along are known for throughout newly admitted attorneys. with other veteran lawyers, with the country, and meet the In becoming licensed an opportunity to reach out to our needs of our State’s residents. lawyers in Delaware, each of Please contact the DSBA or the newly admitted lawyers newly admitted lawyers and invite any of our legal service pro- becomes one of only sev- them to a program, involve them in viders for ideas on how you eral thousand lawyers ever a project, or accompany them to a can assist. admitted in Delaware. In section event. Similarly, the end of the contrast, in a state like New year is the time to make an York, over 15,000 candidates annual contribution to the take the bar exam annually. The small size fessional opportunities planned for 2011. Combined Campaign for Justice. Dela- of our Bar provides opportunities to develop There are several new initiatives soon to ware can be proud that it has the highest relationships among its members and with be launched. We need your involvement per capita contribution by any Bar As- members of the judiciary. One of the best to meet the needs of our Bar, our justice sociation. The Combined Campaign is ways to take advantage of this is through system, and our State. the only coordinated annual fundraising participation in the DSBA. Newly admitted This time of year also reminds us of effort for the three non-profit agencies that lawyers are offered dues-free membership to our ability and need to work together and provide legal services to those Delawar- the DSBA and to any section of the DSBA impart upon our newly admitted lawyers eans who cannot afford it: Community they wish to join through June. I strongly the commitment and professionalism of Legal Aid Society, Delaware Volunteer encourage each newly admitted member Delaware lawyers. We have a strong foun- Legal Services, and the Legal Services to take advantage of this opportunity. The dation: Delaware has the highest partici- Corporation of Delaware. Regardless of DSBA has sections that cover the most pation in the country in a voluntary bar; your political and philosophical beliefs, substantive fields of law while other sections and among all states, Delaware has the upon admission we, as members of the are focused upon particular interests and highest percentage of attorneys who give Bar, swore to support our system of justice activities of lawyers. their time and money to charitable and pro which must include accessibility. Leading The arrival of new members provides bono activities in support of legal services by example in this area is yet another way section and Bar leaders, along with other to the poor. This steadfast commitment to demonstrate to newly admitted lawyers veteran lawyers, with an opportunity to to service and financial support has served that we do our part to insure that the judi- reach out to our newly admitted lawyers us well. We must not only maintain, but cial system is accessible to all—including and invite them to a program, involve work to improve our success in light of the those who could not otherwise afford to

December 2010 • The Journal of The Delaware State Bar Association 4 have their rights and interests protected with legal representation. In recent years, the Combined Cam- paign has met its annual goal of $750,000. This year its goal is $800,000. Please help them reach it by making a contribution before the end of the year. There are three ways to donate. You can make an online pledge (for a one-time payment, monthly payments, or quarterly payments) at: http://www.delawareccj.org/pledge.html. You can donate via telephone by calling (302) 575-0660, ext. 235. You can also mail your donation directly to the fol- lowing address: Combined Campaign for Justice, P.O. Box 2113, Wilmington, DE 19899. For those who have already given or pledged your support, thank you. I applaud the newly admitted lawyers on their accomplishment of being admit- ted to the Delaware Bar and for our ac- complishments as a Bar during the past year. I look forward to integrating newly admitted attorneys into our Bar this year and working with experienced lawyers to achieve our goals next year.

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5 The Journal of The Delaware State Bar Association • December 2010 Editor’s Perspective

By Michael L. Sensor, Esquire

Deeds, Not Words

ne of the maxims I learned at to work half or three-quarter days until editor, Seth Thompson, was kind enough the Pre-Admission Program the very end of September. To this day, to take over editing duties for me during for my class of Delaware Bar I have still not fully recovered, but I am that month, something for which I am Oadmittees in 1996 (has it really been al- back to my normal work schedule. immensely grateful. most 14 years?) was quite simple—never To a lawyer, a week out of the office on We Delaware lawyers spend a lot of ask for an extension if you can avoid it, vacation is stressful enough—clients have time writing about ourselves and the always grant one if you are able. This to be notified, assistants and partners kept unique nature of our Bar. Actions al- maxim, which has been attributed to abreast of the current status of “hot” files, ways speak louder than words, however, Harvey Rubenstein in the past, could and emergencies must be dealt with via and what actions they were! The truly not have been more true during a serious Blackberry or telephone. And, that’s with unpleasant experience of my illness was illness I recently experienced. plenty of advance warning and planning. made better by the truly pleasant nature On the Friday after La- of my colleagues in the bor Day, I woke up with Delaware Bar and all the a host of problems which The truly unpleasant experience gracious accommodations normally come with my of my illness was made better by which they made. I thank all of you for your kindness and yearly sinus infection—con- the truly pleasant nature of my gestion, coughing, packed concern. Someday, I will re- sinuses. I decided to stay colleagues in the Delaware Bar and turn the favor—although, I home from work and went all the gracious accommodations certainly hope it is not under to my doctor right away. I the same circumstances. was diagnosed with an up- which they made. I wish everyone a very per respiratory infection and happy and pleasant holiday sent home with antibiotics: the usual cure. An unplanned week out of the office, season and New Year. May 2011 bring you That evening and over the weekend, my followed by equally unplanned part-time joy, happiness, and success! symptoms got worse. By the time Sunday work thereafter, could have been nothing afternoon came by, I had a fever of 104°, short of disastrous. Fortunately, in my my lungs were full of something that case, it was not—and that is because the sounded like a bucket full of nails, and I professionalism and civility of the Dela- felt like something the cat had not only ware Bar came out in spades. dragged in, but spent several hours play- Wilmington is a small town, so word ing with before dragging it in. of my illness seemed to spread quickly I returned to my doctor the following through the Bar, or at least among those 3,500 Monday. He immediately suspected pneu- attorneys with whom I deal regularly. monia and sent me for a chest X-ray. Sure During my unplanned time out of the LAWYERS enough, I had pneumonia. His orders to office, I found that I needed to request me at that point were clear: bed rest for at multiple extensions, continuances, or least the remainder of the week, and take schedule changes—depositions, expert SEE THIS AD! a lot of antibiotics and cough medicine. I disclosure deadlines, and the like. My For current advertising rates, quickly became well-acquainted with the requests were always met with nothing contact Rebecca Baird “red syrup” – promethazine with codeine, but genuine concern and willingness to the only thing that was able to help me do whatever it took to accommodate my at (302) 658-5279, ext. 113, sleep. As it turned out, besides missing illness. This even went as far as my sta- or [email protected]. that entire week of work, I was only able tus as an Bar Journal editor—my fellow

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7 The Journal of The Delaware State Bar Association • December 2010 Calendar of Events Executive December 2010 Committee Thursday, December 2, 2010 • 12:00 p.m. Awards Luncheon embers du Barry Room, Hotel du Pont, Wilmington, DE M Friday, December 3, 2010 Family Law Update 2010 Matthew M. Greenberg President 6.0 hours CLE credit Christiana Hilton, Newark DE James G. McGiffin, Jr. President-Elect Tuesday, December 7, 2010 Theresa V. Brown-Edwards Hotel and Restaurant Law Vice President-at-Large 3.0 hours CLE credit Robert J. Krapf Delaware State Bar Association, Wilmington, DE Vice President, Tuesday, December 7, 2010 New Castle County New Developments in Complex Commercial Litigation Emily A. Farley 4.0 hours CLE credit Vice President, Delaware State Bar Association, Wilmington, DE Kent County Thursday, December 9, 2010 Margaret R. Cooper Vice President, Trust Accounting Sussex County 1.0 hour CLE credit Delaware State Bar Association, Wilmington, DE Miranda D. Clifton Secretary

Tuesday, December 14, 2010 Karen Jacobs Louden Legal Writing and Persuasion in the Smart Phone Age and Assistant Secretary

Surprisingly Useful Things Legal Writers Can Learn from Fiction Gregory B. Williams A Pennsylvania Bar Institute Simulcast Treasurer 6.0 hours CLE credit Yvonne Takvorian Saville Delaware State Bar Association, Wilmington, DE Assistant Treasurer

Wednesday, December 15, 2010 Benjamin Strauss Trial Practice Tips from Delaware’s Experienced Civil Practice Lawyers Past President 5.2 hours CLE credit The Honorable Delaware State Bar Association, Wilmington, DE Mary M. Johnston Judicial Member

Jeremy Douglas Anderson January 2011 Assistant to President

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December 2010 • The Journal of The Delaware State Bar Association 8 Professional Section & Committee Meetings Guidance Committee This committee provides peer counseling and support to lawyers overburdened by December 2010 personal or practice-related problems. It Monday, December 6, 2010 • 12:30 p.m. offers help to lawyers who, during difficult Senior Lawyers Committee Monthly Luncheon Meeting times, may need assistance in meeting law practice demands. The members of this Delaware State Bar Association, 301 North Market Street, Wilmington committee, individually or as a team, will Tuesday, December 7, 2010 • 3:30 p.m. help with the time and energy needed to Estates & Trusts Section Meeting keep a law practice operating smoothly and Young Conaway Stargatt & Taylor LLP, 1000 West Street, Wilmington to protect clients. Call a member if you or someone you know needs assistance. Wednesday, December 8, 2010 • 12:00 p.m. Environmental Law Section Meeting Karen Jacobs Louden, Co-Chair Young Conaway Stargatt & Taylor, 1000 West Street, Wilmington I. Barry Guerke, Co-Chair Friday, December 10, 2010 • 8:30 a.m. Dennis L. Schrader, Co-Chair Sidney Balick Health Law Section Meeting R. Franklin Balotti Delaware State Bar Association, 301 North Market Street, Wilmington Victor F. Battaglia, Sr. Monday, December 13, 2010 • 4:30 p.m. Dawn L. Becker Robert K. Beste, Jr. Worker’s Compensation Section Meeting Vincent A. Bifferato, Sr. Young Conaway Stargatt & Taylor, 1000 West Street, Wilmington Amy K. Butler Tuesday, December 14, 2010 • 12:15 p.m. Mary C. Boudart Crystal L. Carey Small Firms and Solo Practitioners Section Meeting Michael D. Carr Delaware State Bar Association, 301 North Market Street, Wilmington Ben T. Castle Thursday, December 16, 2010 • 12:00 p.m. Thomas P. Conaty IV Edward Curley Executive Committee Meeting Matthew Denn Delaware State Bar Association, 301 North Market Street, Wilmington Gary R. Dodge Thursday, December 16, 2010 • 12:30 p.m. Shawn Dougherty Mark F. Dunkle Law and the Elderly Committee Meeting David J. Ferry, Jr. Law Office of William W. Erhart, P.A., 800 North King Street, Suite 303, Wilmington David C. Gagne Friday, December 17, 2010 • 12:30 p.m. Robert D. Goldberg James D. Griffin Social Security Disability Section Meeting Thomas Herlihy III Linarducci & Butler, PA, 910 West Basin Road, Suite 100, Wilmington Glenn E. Hitchens Wednesday, December 22, 2010 • 4:00 p.m. Clay T. Jester Hon. Peter B. Jones Family Law Section Meeting Rebecca Batson Kidner Kelleher & Laffey, 1509 Gilpin Avenue, Wilmington Bayard Marin Monday, December 27, 2010 • 4:00 p.m. James J. Maron Wayne A. Marvel Taxation Section Meeting James G. McMillan III Morris Nichols Arsht & Tunnell LLP, 1201 North Market Street, Wilmington Omar Y. McNeill Michael F. McTaggart Francis E. Mieczkowski, Jr. January 2011 Paulette Sullivan Moore Monday, January 3, 2011 • 12:30 p.m. Irving Morris Michele L. Muldoon Senior Lawyers Committee Monthly Luncheon Meeting Frank E. Noyes II Delaware State Bar Association, 301 North Market Street, Wilmington Elizabeth Y. Olsen Tuesday, January 4, 2011 • 3:30 p.m. Donald E. Reid David B. Ripsom Estates & Trusts Section Meeting James B. Ropp Young Conaway Stargatt & Taylor LLP, 1000 West Street, Wilmington Kenneth M. Roseman Wednesday, January 5, 2011 • 12:00 p.m. Leonara Ruffin Thomas D. Runnels Multicultural Judges and Lawyers Section Teleconference H. Murray Sawyer, Jr. Wednesday, January 5, 2011 • 12:30 p.m. R. Judson Scaggs, Jr. Women and the Law Section Meeting Mary E. Sherlock Gordon W. Stewart Marks O’Neill O’Brien & Courtney, P.C., 913 N. Market Street, Suite 800, Wilmington Edward A. Tarlov Thursday, January 6, 2011 • 4:00 p.m. Hon. Charles Toliver Real & Personal Property Section Meeting Karen L. Valihura Piet H. van Ogtrop Young Conaway Stargatt & Taylor, 1000 West Street, 17th Floor, Wilmington Kevin E. Walsh Monday, January 10, 2011 • 4:30 p.m. David A. White Worker’s Compensation Section Meeting David N. Williams Helen L. Winslow Young Conaway Stargatt & Taylor, 1000 West Street, Wilmington Hon. William L. Witham, Jr. Psychiatrist - Dr. Carol Tavani Please contact Janice Myrick at [email protected] or (302) 658-5279 ext. 103 to have your Section or Committee meetings listed each month in the Bar Journal.

9 The Journal of The Delaware State Bar Association • December 2010 Tips on Technology A service of the E-Discovery and Technology Law Section of the Delaware State Bar Association

By Richard K. Herrmann, Esquire

Google Maps – an Authoritative Source?

he Federal Rules have been taken judicial notice of Google Maps as into jet-skiing, you may want to pass on around for many years, and an authoritative source. your next trip from Los Angles to Ho- for those years, lawyers have The Courts are not the only institu- nolulu. At instruction #13, you will be Thad to present evidence to the Court told to kayak across the Pacific Ocean. tions relying on the accuracy of Google regarding distance to the courthouse. Maps. Last month, a border dispute Maybe the federal courts should take Who is and who is not within the sub- erupted between Nicaragua and Costa judicial notice of this. poena power of the Court can be a very Rica. Apparently, the Nicaraguan gov- For those newcomers to the Bar, I important issue in a trial. For years, we ernment relied on Google Maps to deter- suggest you not rely on Google Maps have been teaching our students that the mine its border for dredging purposes. for directions to the Courthouse. You Internet is not to be trusted as a source When challenged by the Costa Rican might find it instructs you to “go di- of primary authority. government, it was determined Google rectly to jail. Do not pass go and do not Gradually, the guarded response to Maps contained an inaccuracy regarding collect $200.” the Internet has been changed and, in the shape of the Nicaraguan border. A my mind, remarkably. “Courts com- Google representative criticized Nicara- monly use Internet mapping tools to gua for relying on Google Maps in mak- take judicial notice of distance and ing such “sensitive decisions.” Associated geography.” Rindfleisch v. Gentiva Press, November 11, 2010 12:22 am ET, Health Systems, Inc. 2010 WL 3980182 http://www.npr.org/templates/story/ at footnote 13 (E.D.N.Y. October 8, story.php?storyId=131006871. (Ironic 2010). In Rindfleisch, the Court recog- to use an internet source for this kind nized distance and driving time were of article, isn’t it?) calculated using Google Maps. Citing That is not the only inaccuracy the Federal Rule of Evidence 201, the you will find in Google Maps. A judge Court took judicial notice of the facts recently suggested I visit Google Maps in Google Maps because it was “capable and get directions from Japan to China. of accurate and ready determination by Looking at instruction #43, you will resort to sources whose accuracy cannot find Google Maps tells you to “jet ski be reasonably questioned.” This case is across the Pacific Ocean.” Not some- only one in a long line of cases that have thing I would like to try. If you are not

What do you get for the attorney who has everything...except CLE Credits? A DSBA CLE Video Gift Certificate Please visit the Delaware State Bar Association website at www.dsba.org or call (302) 658-5279 for more information.

December 2010 • The Journal of The Delaware State Bar Association 10 Nominations Sought for Law Day Awards The Delaware State Bar Association and the Awards Committee are seeking nominations for the Liberty Bell Award and the Community Service Award to be presented at the 2011 Law Day Luncheon. Below is the form and the criteria for these awards. Liberty Bell Award – The Liberty Bell Award is given annually to an individual, who is not a judge or lawyer, who has rendered outstanding service to his or her community. The award is designed to promote a better understanding of government, a greater respect for the rule of law or a deeper sense of individual responsibility which contribute to the .efective functioning of our governmental institutions Community Service Award – The Community Service Award recognizes annually a member of the judiciary or the Delaware Bar who has rendered meaningful service to the community and who has contributed significant time and effort to the greater Delaware community. Nominees should have demonstrated a commitment to leadership and service in activities that enrich and strengthen our community over a substantial period of time. Myrna L. Rubenstein Professional Support Recognition Award – This Award recognizes long and dedicated service to the Bench and Bar of the State of Delaware, to the Bar Association, and to the Members thereof, which has contributed in a significant way to them and to the high ideals of the legal profession. The DEADLINE for receiving nominations for the Liberty Bell Award, Community Service Award, andMyrna L. Rubenstein Professional Support Recognition Award is January 31, 2011.

Delaware State Bar Association Awards Nomination Form Name of Candidate: ______Title/Occupation of Candidate: ______Award: ______Date: ______Nominator: ______Phone: ______Fax:______E-Mail: ______Firm: ______

Address:______

Brief statement of reasons that candidate is deserving of Award (see above Award criteria): ______

Send Responses by January 31, 2011 to: Rina Marks, Executive Director, DSBA E-Mail: Rina Marks ([email protected]) • Fax: (302) 658-5212

11 The Journal of The Delaware State Bar Association • December 2010 And the Miracle Lives On

By Richard K. Herrmann, Esquire

or years now, the Miracle Team has been offering elementary school children throughout the State the opportunity to visit one of the Courthouses in each county and see Court in session. What makes this a magical experience for these young children is the hearing they have the opportunity to observe; it is the courtroom scene from Miracle on 34th Street. FWith permission from 20th Century Fox, the Bench and Bar bring the scene to life with Kris Kringle and all of his glory. Justice Ridgely has been the presiding judge; and now, President Judge Vaughn will be joining him. Judge Brady began prosecuting Mr. Klaus when she was the Attorney General, and continues trying to win (although she can’t seem to do it). The Miracle Team conducts 12 hearings a year to over 1,500 students. The cast continues to grow each year, but it is the audience which makes all of this magic. If you happen to be in the Courthouse the week of December 16th and you recognize a kind old gentleman with white hair and a grand white beard, stop and say “Happy Holidays.” On this page, we would like to share a sample of the feedback we receive. The Delaware State Bar Association believes—do you?

December 2010 • The Journal of The Delaware State Bar Association 12 Celebration of Judicial Merit Selection in Delaware Friday, November 12, 2010 • DuPont Country Club

American Judicature Society President William D. Johnston, Esquire, The Honorable Henry duPont Ridgely introducing the evening’s keynote welcoming the attendees to the Celebration. speaker.

Former Governor, The Honorable Pierre S. du Pont IV, giving the keynote William D. Johnston, Esquire, (at podium) presenting Certificates of remarks. Recognition to: (L to R) DSBA President Matthew M. Greenberg, Esquire; The Honorable Thomas R. Carper; The Honorable Matthew P. Denn; The Honorable Pierre S. du Pont IV; The Honorable Dale E. Wolf; The Honorable Ruth Ann Minner; and The Honorable Richard S. Cordrey.

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13 The Journal of The Delaware State Bar Association • December 2010

Pro Bono Spotlight By Susan Simmons, Pro Bono Coordinator

Bring Hope to a Child this Holiday Season by Volunteering with The Office of the Child Advocate

s we head toward the holidays, those unrepresented children were in Kent want to meet all the people important many of us reconnect with our County, where resources are not as readily in the child’s life and gather all written own childhood and the happy available.” documentation regarding the child and Amemories of holidays past. This holiday his or her parents. You will want to make “Three hundred fifty-six volunteer season, you can give good memories and attorneys represented children through sure you understand the reasons the child hope to a child that will last a lifetime. OCA during the fiscal year, with 51 new entered foster care (if you have a foster When you volunteer with The Office of attorneys trained in 8 training sessions care case), and ensure that the Children’s the Child Advocate, you are helping hurt throughout the state. By the end of FY10, Department is doing what is necessary to kids heal and protecting the safety and OCA was proudly partnering with over remedy those issues. You will also want healthy development of children who need 160 volunteer attorneys with 5 years or to ensure that the child is getting the additional support. You get the opportunity more experience representing children services he or she needs.” to show a child that there are people in the through OCA.” Spending quality time with children world who are good and who care about is a difficult task for parents, let alone him or her. Many of these children will volunteers. Yet, it is often said that you not get a visit from Santa, so take the op- can tell what someone loves by what portunity to show them the Santa in you. they give time. Good child relation- As stated in the 2010 Annual Report, ships develop as a result of concerned “the Office of the Child Advocate (OCA) individuals spending quality time with was created in 1999 in response to numer- a child. We all respond best to positiv- ous child deaths in Delaware resulting ity and rewards. The reward for an from child abuse. These cases pointed to abused or neglected child may be to deficiencies in the child protection system give them positive feelings of belonging that could only be remedied through the to a community and feeling that they collaborative efforts of Delaware’s many are significant because others recognize child welfare agencies.” their needs. That is what volunteering “During Fiscal Year 2010, OCA for OCA will do. received 592 referrals on 569 different OCA has shared the volunteer expe- children. Throughout the fiscal year, OCA rience of Shakuntla L. Bhaya, Esquire, made 282 attorney appointments, com- The goal of the Office of the Child an attorney with Doroshow, Pasquale, pleted 63 case reviews to ensure the child Advocate is to “ensure that every child’s Krawitz & Bhaya: “Shaku took her welfare system was adequately protecting voice is heard in every court proceeding, first OCA case on 9/29/00. That case those children, and provided legal repre- which affects his or her life.” If you are involved 5 siblings and she represented 2 sentation for a total of 793 abused and/or an attorney licensed to practice law in of them until they both turned 18 years- neglected children.” the State of Delaware, you are eligible to old, one in 2007 and one in 2008. In “On June 30, 2010, 761 children were represent a child through OCA. Retired 2007, she began representing one of the in the legal custody of Delaware’s De- and inactive members are also eligible to other siblings, whom she still represents partment of Services for Children, Youth volunteer pursuant to Supreme Court today. So, she has been representing chil- & Their Families (DSCYF). OCA was Rules 69(d) and 69(f). dren from one family for ten years now. representing 455 (60%) of those children, The OCA website describes what In addition, she represented one other the Court Appointed Special Advocate representing an abused and/or neglected child for OCA for one year from 2002- (CASA) program was representing 285 child involves: “In volunteering to repre- 2003. She has represented a total of four (37%), the court independently appointed sent the best interests of a child, you are children. She has donated well over 255 counsel for 1 child, and the remaining 20 statutorily charged with several duties: hours of her time to representing these children (3%) were unrepresented on the Most importantly, you need to develop kids (we only record time when a case last day of the fiscal year. The majority of a relationship with your client. You will ends, so we have no time record from

December 2010 • The Journal of The Delaware State Bar Association 14 2007-present of the child she is currently representing) and has traveled as far as In Memoriam Georgia to see her OCA clients.” Besides the most important factors of volunteering, positive feelings and out- served two years as a special prosecutor comes on both sides of the equation, OCA Daniel V. Folt for the Delaware Department of Justice. provides other incentives for volunteers. 1957 - 2010 In 1993, Mr. Folt joined the Wilm- There are six to eight CLE trainings at ington office of New York-based Skad- host firms throughout the year, a thank den, Arps, Slate, Meagher & Flom LLP, you letter from the Supreme Court, a then moved to Pepper Hamilton LLP in five-year spotlight, a memento or plaque 1995 and to Cozen O’Connor in 1998. and a ten-year award. He joined Duane Morris LLP in 2002 To volunteer with The Office of the and was named a partner that year. At Child Advocate, please contact Tania Duane Morris LLP, Mr. Folt was a senior M. Culley, Esquire, Child Advocate, trial lawyer concentrating on corporate, Office of the Child Advocate, 900 King securities, financial services and intel- Street, Suite 210, Wilmington, DE 19801, lectual property disputes among Fortune (302) 255-1730, [email protected]. 500 companies. He represented some of CASA Volunteers Needed the world’s largest corporations, in more CASA volunteers are Court Appoint- than 25 state and federal courts. ed Special Advocates who are appointed Mr. Folt was a keen athlete and loved by a Family Court judge to represent the the outdoors, spending time with his best interests of abused and neglected family on the Delaware coast, hiking children in the court system. As an im- aniel V. Folt, a partner in the Rockies in Colorado, and New partial advocate for children in the Court, and noted litigator with law Mexico, and traveling extensively. a CASA volunteer plays four major roles: firm Duane Morris LLP in DWilmington, Delaware, died peacefully He was active in the Delaware CJA investigation, facilitation, advocacy and following a courageous battle with can- Blue Ribbon Project Panel and on the monitoring. A CASA volunteer acts as local Domestic Violence Coordinating the “eyes and ears” of children involved cer in Wilmington on Monday, Novem- ber 8, 2010. He was 53-years-old. Project Panel, among many other social in court proceedings, and offers judges a causes. critical perspective of what is in the best Born in Akron, Ohio on March 20, Mr. Folt is survived by his wife of interests of each child, based on informa- 1957, Dan was the youngest of five chil- 31 years, Carol Medina Folt, and his tion gathered first-hand through research, dren of Vernon and Gloria Janaq Folt. two children, son Logan and daughter, interviews and observations. By getting After graduating from Firestone High Taylor; and two brothers, Richard of involved as a CASA volunteer, you can School, he enlisted in the U.S Air Force Hanover, NH and Robert of Hudson, help create healthier families and com- and served in the military police for six OH; and two sisters, Lee Vucovich of munities—and change the course of a years. While in the service, he attended Birmingham, AL and Carol Folt of Ha- child’s life. the University of Great Falls, Montana part time, and graduated magna cum nover, NH. To become a CASA Volunteer, con- laude. After honorable discharge, he tact one of the local programs: New joined the Sacramento Police Depart- Castle County (302) 255-0461; Kent ment, serving ten years, first as a beat County (302) 672-1037; Sussex County cop, then as an undercover officer, swat (302) 855-7410. team member, and detective. Visit the While still serving in the police force, Mr. Folt graduated Phi Kappa Delaware State Phi from California State University Bar Association at Sacramento, with a master’s degree in Criminal Justice and Sociology, and website at as valedictorian of his law class at the University of the Pacific, McGeorge www.dsba.org School of Law in 1992. He clerked for Delaware Supreme Court Judge Andrew G.T. Moore II from 1992-1993, and also

15 The Journal of The Delaware State Bar Association • December 2010 Ethically Speaking

By Charles Slanina, Esquire

IOLTA: Part II

ast month, “Ethically Speaking” lenge to the IOLTA program that had entitled to any compensation because they dealt with changes to Rule 1.15 been brought by the Washington Legal could not demonstrate that they could that became effective November Foundation and by certain attorneys in have generated “net interest” (interest in L1, 2010. Included in those changes was private practice. (March 26, 2003.) excess of expenses that might be incurred the elimination of the election to opt The ruling was hailed by The Bren- in generating the interest if not forced to out of the Interest on Lawyers’ Trust Ac- nan Center For Justice as enormously participate in IOLTA). counts (“IOLTA”) program for all pooled important for low income individuals Writing for the four Justices in dis- escrow accounts. and families and for the operation of the sent, Justice Antonin Scalia accused the Before the Bar Association started civil justice system. An amicus brief was majority of “brush[ing] aside 80 years of posting my columns on their website, I submitted on behalf of The Brennan precedent on determining just compensa- often received “Didn’t you write a column Center; AARP; Legal Counsel for the tion.” Justice Scalia stated, “Perhaps we on...” calls and requests for copies of the Elderly; The National Legal Aid & De- are witnessing today the emergence of columns as materials in CLE programs. fender Association; and IOLTA programs a whole new concept in Compensation However, occasionally I submit a column across the country. The Court relied on Clause jurisprudence: the Robin Hood and then never hear about it again and the amicus brief in observing that IOLTA Taking, in which the government’s extrac- I’m left to wonder if anyone ever read it. programs raised an estimated $150M to tion of wealth from those who own it is That was not the case with Part I on this $200M annually to finance civil legal aid. so cleverly achieved, and the object of the topic. I started receiving calls and e-mails On the other hand, the Washington government’s larcenous beneficence is so on the first day that the Bar Journal “hit Legal Foundation, the self-proclaimed highly favored by the courts (taking from the stands.” “effective advocate of free enterprise,” the rich to give to indigent defendants) The most common inquiry was, “Is found the ruling to be a setback on be- that the normal rules of the Constitution this legal?” That is not an exact quote. half of property owners and had argued protecting private property are suspended.” Some of the calls and e-mails were a that it was a violation of clients’ Fifth Other calls that I received were techni- lot less temperate, suggesting that the Amendment rights. The WLF had been cal rather than challenging. One attorney inquiries were more emotional than aca- battling IOLTA programs since 1991 and inquired as to whether or not the rule demic. There were enough inquiries that describes itself as a public interest law changes would prohibit attorneys from I thought a follow-up was in order. and policy center devoting a substantial having more than one escrow account. It To begin, let me point out that every portion of its resources to promoting does not and only escrow accounts con- state and the District of Columbia uses economic liberty and a limited and ac- taining IOLTA funds are subject to the interest on IOLTA accounts to pay for countable government. Rule 1.15 changes including the “brick and legal services for the needy. That practice As noted, there was sharp disagree- mortar” requirement that the deposit be in has been and continues to be controver- ment within the Court itself as the a bank located in Delaware. sial. Admittedly, the U.S. Constitution 5-4 decision suggests. Justice Stevens, Another call questioned whether or does not contain a reference to IOLTA. writing for the majority, stated that it is not clients needed to be notified of this However, the United States Supreme neither unethical nor illegal for lawyers rule change. I did not see anything in the Court upheld the practice albeit narrowly. to deposit their clients’ funds in a single rule that triggered such an obligation with In Brown, et al. v. the Legal Foundation bank account and explained that there is regard to existing clients. Notwithstanding of Washington, et al., the Court affirmed no pecuniary loss. The Court held that the de minimus interest currently offered a decision of the U.S. Court of Appeals while the interest on the trust accounts on such accounts, Rule 1.15(f) still applies. for the Ninth Circuit upholding as con- belongs to those whose funds generated, Clients should be offered the opportunity stitutional the structure of the IOLTA the interest and that the IOLTA use of to have their funds held in an interest- program in Washington State. By a vote those funds constitutes a “per se taking” bearing account in those instances where of five to four, the Court rejected a chal- of that property, the plaintiffs were not such deposits are likely to earn significant

December 2010 • The Journal of The Delaware State Bar Association 16 interest. The analysis remains the same— would the interest that could be gained Disciplinary Actions on the escrow deposit be in excess of the costs associated with remitting that inter- PRIVATE ADMONITION. ODC years. Respondent reported the situation est to the client? For example, a large sum FILE NO. 2010-0240-B. DATE: to the ODC and promptly investigated of money held by the attorney for even a OCTOBER 21, 2010. both the client trust and operating ac- short time or a small sum of money held A Delaware lawyer was privately counts to determine the duration and for a lengthy period of time could generate admonished, with conditions, for viola- extent of the funds missing. The Firm sufficient interest to trigger an obligation tions of the Delaware Lawyers’ Rules also reported the situation to law en- to advise the client of that interest op- of Professional Conduct. The private forcement authorities and cooperated portunity. sanction was offered by a panel of the with their investigation and prosecution My suggestion is to include a reference Preliminary Review Committee, and of the employee. to interest-bearing deposits in fee agree- imposed with the consent of the lawyer. As conditions, the lawyer was re- ments for any client where escrow funds The lawyer was the managing partner quired to pay the costs of the ODC in- are likely. A disclosure in the fee agreement of a small law firm, who discovered an vestigation; to have an audit in 2011 and that those funds will not be placed in an employee had converted to personal use 2012 performed by a licensed certified interest-bearing account unless the client funds from the Firm’s operating and public accountant to certify compliance so requests may discharge the attorney’s client trust accounts. Immediately after of law practice bank accounts; and to obligation to the client. learning this had occurred, the lawyer cooperate promptly and fully with the Finally, I received an arcane inquiry as contacted the Office of Disciplinary ODC regarding compliance with these to whether or not the attorney’s operating Counsel (“ODC”) to report the situa- conditions and any requested audits. or business account is required to be in a tion. The Firm promptly investigated to “brick and mortar” approved institution determine the duration and extent of the located in Delaware. I did not find such a funds missing and covered the shortfall requirement in the rules, but if I find that discovered in the Firm’s client trust ac- the Lawyers’ Fund for Client Protection count. The employee who converted the takes a different view as this rule is inter- funds had worked for the Firm for 24 preted, I will pass it on. For additional information and discus- people who sion, I recommend “Constitutional Chal- lenges to IOLTA Revisited” by W. Frank Newton and James W. Paulsen appearing care in 101 Dick. L. Rev. 549 (1996-1997). Wayne Holden’s life has been guided by Both authors are Texas law professors his father’s actions and words. “He treated everyone with respect, kindness and and their negative views of IOLTA both generosity and directed us to always leave predate Brown and reflect the Texas chal- a place a little better than you found it,” Wayne recalls. lenge to IOLTA in Phillips v. Washington Legal Foundation, the companion case Helping others and improving his hometown Brown of Dover are his passions. Together with his to . The Court remanded Phillips wife, Betsy, Wayne is working to benefit back to the Fifth Circuit for reconsidera- organizations in need now through a donor- tion after its ruling in Brown. In 2001, the advised fund at the Delaware Community Foundation. They have also provided for Fifth Circuit had struck down the Texas a charitable fund at the DCF in their estate IOLTA program as a violation of the Fifth plans. The Wayne and Betsy Holden Fund will enable their children to continue the family’s Amendment. tradition of giving even after they’re gone. Happy holidays! To learn how your clients can create a lasting *“Ethically Speaking” is intended to stimulate legacy, please contact Mary Hopkins, JD, Vice awareness of ethical issues. It is not intended as legal President of Gift Planning at 302.504.5224 or visit our website, www.delcf.org. advice nor does it necessarily represent the opinion of the Delaware State Bar Association. Addi- tional information about the author is available at www.delawgroup.com. **“Ethically Speaking” is available online. The columns of approximately the past two years are available on www.dsba.org.

17 The Journal of The Delaware State Bar Association • December 2010 My Experience with the Rule-of-Law Mission in Iraq

By Albert H. Manwaring IV, Esquire

n the fall of 2009, I left my day and other federal agencies, all working for the part of combat soldiers, provid- job at Pepper Hamilton LLP and together to improve Iraq’s governance, ing security with machine guns inside deployed to Iraq with my Army economic, and rule-of-law sectors. the court. Imagine walking into court IReserve Civil Affairs Command. The personally armed and guarded by military As an Army lawyer in OPA, I worked civil service mission in Iraq is arguably the with attorneys on the reconstruction security with machine guns. But, none largest U.S.-led reconstruction effort since teams to support their rule-of-law prac- of this force seemed ever to faze the Iraqi the Marshall plan that followed W.W.II. tices in Iraq’s Provinces. I helped obtain judges, who waited patiently for me to While I did not plan to be a part of this funding for their rule-of-law projects, disarm and remove my body armor be- civil service effort, nor fully realize its coordinated their efforts with military fore beginning our conferences with the effect on my family and practice before rule-of-law attorneys, and provided customary drinking of tea. In my engage- my departure, my experience in Iraq with oversight of their work plans. In support ments with the Iraqis, they were cordial, the rule-of-law mission was profession- of these efforts, I traveled frequently in cooperative, and receptive to our help. ally rewarding. With my commercial law Iraq’s Provinces with reconstruction team Indeed, the enthusiasm of young Iraqi background, I am hopeful that lawyers for the practice of law I was able to add some value to and their desire for improve- this historic effort. ments to Iraq’s rule-of-law was To prepare for my deploy- very promising. ment to Iraq, I spent the first My duties in OPA also in- three months training at Ft. cluded providing resources to Dix, New Jersey. Although reconstruction team attorneys the change from the routine concerning best rule-of-law of my office was refreshing, practices. To preserve the my days at Ft. Dix were long knowledge, lessons, and his- and physical. I had begun my tory of our civil service effort military career with Army in Iraq, the Department of basic training at Ft. Dix, and State assembled a team that I often reflected how ironic traveled to many of the recon- it was that I was receiving struction teams and military this advanced soldier train- forces in Iraq’s Provinces to ing some 20 years later at the Chief Judge of Anbar Province, Iraq and Albert H. Manwaring IV, Esquire, (third from collect the histories, lessons the right), together with Anbar reconstruction team and military rule-of-law attorneys same place near the end of my inside an Anbar Provincial courthouse in the Spring 2010. learned, and best practices of military career. I quickly real- our civil service effort. I was ized—after hanging upside down in the attorneys to meet with Iraqi judges and a part of this team, and subsequently, seat of a military vehicle in the dark dur- police, as well as representatives from the used the information collected to create a ing roll-over training, and sparring with prison, law school, and Bar Association. webpage, containing resources to support a burly soldier about half my age during Although traveling outside of both the U.S. rule-of-law community in Iraq. hand-to-hand combat training—that war the International Zone (formerly known Definitions of rule-of-law are often is a young man’s game and, physically, I as Green Zone) in Baghdad and our worded in broad terms that provide mini- was way past my prime. military bases in Iraq’s Provinces was, of mal insight into the scope of the rule-of- Upon arriving in Iraq, I was assigned course, more dangerous than working law mission in Iraq. Defining rule-of-law to serve as a rule-of-law officer in the from my desk in the Embassy, interact- in terms of the six areas where our efforts Department of State’s Office of Provincial ing with Iraqi judges and lawyers was were focused in Iraq is the most useful Affairs (OPA), which was located in the the most interesting and rewarding part way to understand the rule-of-law mis- U.S. Embassy, Baghdad. OPA manages of my job. To safeguard our movement, sion. These six areas were colloquially provincial reconstruction teams (PRTs), we traveled in armored military vehicles referred to as courts, cops, corrections, which are located in 16 of Iraq’s Provinces accompanied by substantial military se- corruption, commercial law, and com- and contain members of the Department curity. Baghdad courts were always busy, munity access to justice. of State, Department of Justice, USAID, and in that way, were not unlike our own 1. Courts: The primary focus in civil affairs members of the military, New Castle County Courthouse, except this area was judicial security, which

December 2010 • The Journal of The Delaware State Bar Association 18 was critical to fostering an independent, tracking of pretrial detainees, and expe- and enforceability of civil judgments, functional judicial system in Iraq. The dite the prosecution of their criminal cases rule-of-law is one of the keys to Iraq’s U.S. rule-of-law community pushed to alleviate overcrowding in Iraq’s pretrial success, and there is much promise for very hard at the highest level in the Iraqi detention facilities. the future of Iraq. government for all judges to have security 4. Corruption: In the area of anti- The views expressed in this article are personnel assigned to guard them 24/7. corruption, rule-of-law attorneys worked the author’s, and do not reflect the positions After much effort, we were also able to to train Iraqi Commission of Integrity of the Department of State, the Depart- provide many judges with weapons and officials on sophisticated white collar ment of Defense, or the U.S. Army. Mr. ballistic vests to protect themselves. Ju- crimes, such as money laundering, fraud, Manwaring manages Pepper Hamilton’s dicial security efforts also included x-ray and other financial crimes. We also pro- litigation in its Wilmington, Delaware machines for courthouses, and renova- vided these officials with basic resources, office, and concentrates his practice in cor- tions to courthouse entrances to make such as vehicles, office furniture, and porate, securities, and toxic tort litigation. them safer for the judiciary. Judicial se- equipment to facilitate their investigation He is a Lieutenant Colonel in the Army curity efforts were, unfortunately, a work and prosecution of corruption. Reserves, where he serves as a JAG officer in in progress. Many judges had no security 5. Commercial Law: Due to the secu- the 352nd Civil Affairs Command located when they left the courthouse, or if they rity situation in Iraq, criminal law efforts in Fort Meade, Maryland. had security, the personnel were often to prosecute insurgents have historically This article was submitted for pub- the judge’s family or friends, who were received most of the attention in the U.S. lication in the Bar Journal. The views untrained and unarmed. rule-of-law community. During my tour expressed in this article are not to be inter- 2. Cops: Iraq’s criminal justice system in 2010, civil or commercial law began to preted as those of the Delaware State Bar relies on defendant confessions, which receive more attention as a key to foster- Association. leaves opportunities for injustice. There- ing private investment to improve Iraq’s fore, many of our law enforcement efforts economy. Because of my commercial were focused on providing Iraqi judges, law background, I had the opportunity prosecutors, and police with training and to work with the U.S. Department of equipment to collect and analyze forensic Commerce’s Commercial Law Develop- evidence, such as ballistics, fibers, and ment Program. Many of the efforts were documents, and then to educate them aimed at educating Iraqis to obtain their on how to use this evidence to prosecute acceptance of the further development cases in Iraq’s criminal courts. Nothing of commercial law in Iraq. For example, Is there a major milestone happens in Iraq without Iraqi “buy in.” the Commercial Law Development Pro- in your future, or the Hence, many conferences were held to gram sponsored educational programs on future of your law firm? educate Iraqi judges, prosecutors, and international arbitration under the New police on the reliability and efficacy of York Convention to address issues with An anniversary, a forensic evidence to successfully prosecute the enforceability of civil judgments in memorial or a celebration? criminal cases. Iraq, hydrocarbon legislation training, 3. Corrections: The U.S. Depart- and programs to educate Ministry of Consider a tax deductible ment of Corrections has done a good job Oil attorneys on key issues in petroleum gift to the Delaware Bar of training Iraqi corrections officers in licensing and exploration contracts with Foundation Endowment oil companies. prisons for convicted defendants to ensure Fund, a gift that will continue compliance with international corrections 6. Community Access to Justice: to give to those most in need. standards for security, housing, food, This work included cooperation and and medical care. But, the Iraqi pretrial outreach with law schools and bar associa- detention facilities were often plagued by tions—in Iraq and through partnerships overcrowding. The U.S. rule-of-law com- between Iraqi and U.S. law schools—to munity came to the conclusion, however, develop Iraqi law school curriculum, that merely building more prisons was continuing legal education programs, not the answer, but rather, we needed to and legal aid clinics for indigent criminal help the Iraqis increase efficiencies in the defendants. processing of criminal cases through their In sum, the rule-of-law effort is one of criminal justice system. We were hopeful our greatest success stories in Iraq. While that our on-going implementation of case there are continuing challenges in judicial Jacqueline Paradee Mette Executive Director tracking software and computers in Iraqi security, corruption, confession-based Phone: (302) 658-0773 courthouses will allow for more efficient prosecutions, overcrowding in prisons,

19 The Journal of The Delaware State Bar Association • December 2010 DE-LAP Zone A Message from the Delaware Lawyers Assistance Program

By Carol P. Waldhauser, Executive Director

Great Expectations vs. Realistic Expectations: The End of Year Self-Audit

nbelievably, the end of 2010 is that are most and least profitable? Is your to-month basis. This allows you to keep quickly approaching. As a prac- billing up-to-date? an eye on spending, billing, etc. Similarly, ticing attorney, what better time • Do you have an updated checklist for you should work with a financial advisor or Uthan now to reflect on the past year, both accountant. If you are a solo or small firm Lawyers Planning to Protect Client’s Interest professionally and personally, as to where you in the event of your death, disability, impair- lawyer, your financial advisor or accountant have been, where you are presently, and where ment, or incapacity? should be someone who works with solo and you plan to be in 2011? You may ask, why small firm lawyers. • Do you feel that you work too many take the time for an end of the year self-audit? Monitor Your Cases: hours? Monitor the types After all, lawyers are referred to as great of cases that are most and least profitable. • Do you have a personal wellness plan problem-solvers. It is important, however, Stop doing work that is not profitable. (This to maintain your stamina and fitness? for the lawyer to realize that even when they does not include your pro bono work.) It does are highly successful in treating a client’s Short-Term and Long Term Planning include, however, those cases that take a lot of dilemma, it is often difficult for them to A lawyer, like other business people, your time where the clients either do not pay, address their own concerns, goals, plans, should write a business plan that includes, will not pay, or the case is just a bow-wow. wellness, and stamina. In fact, I refer to this but is not limited to short-term and long-term Many hard-working, honest lawyers find as the shoemaker syndrome; recalling the goals. This written plan allows for focus on that their expectations about getting paid tale growing up of the shoemaker who had what you need to do today, next week and are not shared by their clients. The result is time to fix everyone else’s shoes, but his own. next month in order to position yourself so stress, frustration, and problematic cash flow. The day-to-day pressures and deadlines of you and your business are traveling in the Therefore, weed them out. practicing law, coupled with the ongoing right direction and don’t end up somewhere Checklist for Lawyers Planning to responsibilities of life itself, often do, cause else. Similarly, a lawyer needs to have a per- Protect Client’s Interest in Event of Death, a lack of time for lawyers to take time for sonal wellness plan. Disability, Impairment, or Incapacity: themselves. Then, once you have the written plan, Remember, life events happen. Most indi- This lack of time is unfortunate because you should implement it. Implementation is viduals (lawyers included) will deal with loss, it is important for all of us to pencil ourselves action and action converts your business and trauma, and change at some point in their lives. It is part of being human. Although into our calendars. Equally as important is personal visions. Call this implementation for many lawyers, it is a frequent trait to that we realize success takes: foresight, pa- action or baby steps. Equally as important ignore unpleasant thoughts such as disas- tience, courage, and excellent legal skills, plus is management. Through both business and ter, unexpected illness, misfortune or even personal wellness and stamina. Remember personal management, you build the foun- death. By ignoring these events, we fail to too, realistically it takes planning, imple- dation and framework that unifies purpose prepare for the day the unexpected illness, mentation, and management for a successful and meaning, while maintaining balance disaster, or even death may prevent us from business and life. in your personal life. Bottom line, it allows executing our responsibilities as lawyers: the you to be aware of great expectations versus So, sit down now and ask yourself these law office, the clients, the existing deadlines realistic expectations. master questions: and the staff. Therefore, fill out and update Business: • Do you have realistic short-term and All firms, small or large, new a checklist for Lawyers Planning to protect or old, need a written budget especially in long-term plans for your law office and/or clients’ interest in the event of your death, today’s rocky economic climate. This bud- career? disability, impairment, or incapacity. And, get should be implemented and reviewed have an updated checklist for closing your • Do you have a written budget and regularly. Ideally, you should work with an office (Go to www.de-lap.org and click on accounting practices in place for the com- accountant familiar with law firms of your the transition page for boilerplate forms.) ing year? size. Your budget should include all fixed • Do you monitor the types of cases expenses for the coming year on a month- DE-LAP ZONE (continued on page 25)

December 2010 • The Journal of The Delaware State Bar Association 20 2011 Delaware High School Mock Trial Competition

Call for Judge Volunteers

The Delaware High School Mock Trial Committee and Delaware Law Related Education Center invite you to join us as a judge volunteer for the 2011 Delaware High School Mock Trial Competition. The Competition will take place at the New Castle County Courthouse, 500 N. King Street, Wilmington, Delaware on Friday, February 25, and Saturday, February 26. The time commitment to judge a round is approximately four hours. This time includes an orientation for volunteers prior to your scheduled round, judging the competition round, and student debriefing after the round. To learn more about the Delaware High School Mock Trial Competition and the Delaware Law Related Education Center, please visit www.delrec.org or contact Pat Quann, at [email protected].

We hope you will join us for the 20th year of High School Mock Trial Competition in Delaware. Complete the form below and fax it to Margie Touchton, Judge Volunteer Coordinator, at 302-571- 1750, or download a copy of the form from www.delrec.org, and email it to [email protected]. Confirmation of assignments will be sent out by email by early February, along with a confidential bench brief, competition details, and information about obtaining CLE credit for your participation.

2011 JUDGES INTEREST FORM DELAWARE HIGH SCHOOL MOCK TRIAL COMPETITION

Name: ______(as it appears in the Legal Directory)

Address: ______Firm, Court, or Agency

______

Phone: ______Fax: ______

Email Address ______

Have you participated before as a scoring judge? ______as a presiding judge? ______

Dates you are available for the 2011 Competition (if you are available for more than one date or time, please indicate your preference) Friday Session Start Times: 8:30 a.m. and 12:30 p.m. Saturday Session Start Times: 8:00 a.m. and 12:00 p.m.

Friday 2/25 AM ______Saturday 2/26 AM ______

Friday 2/25 PM ______Saturday 2/26 PM ______

Questions? Please contact Margie Touchton at [email protected] or 302-888-6976.

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21 The Journal of The Delaware State Bar Association • December 2010 Book Review

Reviewed by Richard A. Forsten, Esquire

Does it Work?: Making Our Democracy Work By Stephen Breyer (Knopf, 2010)

henever a Supreme Court Court’s decision was right or wrong, but sometimes historians may even disagree. Justice takes the time to that the participants and the public all Yet, while it is true that originalism may write a book, it is always willingly followed the decision, even if they sometimes be difficult to employ in prac- Wworth the time to take a look. In Making disagreed or were disappointed by it (an tice, why, exactly, does this mean that it Our Democracy Work, A Judge’s Perspective, observation he attributes to Senator Harry should not be attempted? Presumably, Justice Stephen Breyer has taken the time Reid). Such has become the acceptance of all would agree that if one could discern and his book is certainly worth a look. judicial decisions and judicial review in what was intended, the “original intent” “My objective in writing this book,” he our modern political environment that should be followed. begins, “is to increase the public’s general even controversial decisions are routinely Another stock argument used against understanding of what the Supreme Court followed. originalism, and employed by Breyer, is does.” But, his book is more than a simple Having provided a brief history of that constitutional provisions are often primer, as he explains further, “I try to judicial review, Breyer next takes up the applied in situations which the drafters facilitate that understanding by explaining matter of interpretation, both constitu- could not have contemplated. Breyer how the Court first decided that it had tional and statutory. He labels this part claims, for example, that: “Even if origi- the power to hold a federal law unconsti- of his book “Decisions That Work,” and nal answers were easy to uncover and tutional, by showing how and why it was in it he explains his “pragmatic” approach free from historical ambiguity, I doubt long a matter of touch and go whether the to interpreting law. As is often the case, that following the originalist approach public would implement the Court’s deci- though, when a writer seeks to advance his could help maintain public support for sions, and by explaining how, in my view, approach over those of others, Breyer has a the Court as an institution. After all, the the Court can, and should, help make the tendency to cherry pick the easy arguments framers could not have been aware of the Constitution, and the law itself, work well in support of his own position, while over- automobile, televisions, the computer, for contemporary Americans.” looking or ignoring counterarguments. or the Internet, but as most originalists Having laid out his purpose, Breyer Unfortunately, this leads to a feeling that themselves will agree, the commerce divides his book into three parts. First, one is reading only an opening brief, with- clause must apply to commerce in those Justice Breyer goes through a brief history out the benefit of an answering brief, and matters.” But, how does this statement of judicial review, focusing primarily on leaves an unsatisfying feeling. prove that originalism is not an appro- four cases—Marbury, Worcester v. Georgia He begins by attacking “originalism,” priate constitutional approach. When (a case involving the Cherokee Nation in the theory of interpreting and applying applying constitutional protections and Georgia, which led to the famous phrase constitutional provisions as they would values to new technology, new markets attributed to Andrew Jackson that “John have been understood by those who and new situations, the Court routinely Marshall has made his decision, now let adopted them. For example, the Sixth returns to the intent of the constitutional him enforce it”), Dred Scott, and Cooper Amendment states in part that in a crimi- language. For example, in Kyllo v. United v. Aaron (the case involving the “Little nal prosecution, “the accused shall enjoy States, in an opinion by Justice Scalia, the Rock Nine” and President Eisenhower’s the right . . . to be confronted with the Court applied the Fourth Amendment to decision to send in federal troops to enforce witness against them.” But, Breyer asks, the use of thermal imaging equipment integration). does this mean that an alleged child abuser aimed at residences and found that such After reviewing these four cases, Breyer has the right to confront a child witness use is subject to the Fourth Amendment. concludes with a brief coda concerning directly in court—even if this means that The fact that new technology may have Bush v. Gore—a case in which he agreed the child may suffer trauma or be intimi- been involved doesn’t mean that an origi- that there was a constitutional violation, dated? Breyer points out (as do other critics nalist approach is not appropriate per se, but dissented on the Court’s order to stop of originalism) that historical answers are nor does it suggest that the Court should the recount. His point is not whether the not always clear or easy to discern, and that ignore the intent of the drafters.

December 2010 • The Journal of The Delaware State Bar Association 22 Breyer prefers an approach which he recovery and he would have limited the In the end, Breyer’s book must be calls “pragmatic.” In particular, he believes phrase to only those officers who perform viewed as part of an ongoing dialogue—a purposes and consequences are to be tasks related to customs or excise duties. dialogue between judges, lawyers, legisla- strongly considered as part of any result. But, while Breyer may think his interpreta- tors, academics, and the public concern- He presents several examples in support tion leads to better consequences or better ing the scope of judicial review and the of his purposes and consequences orienta- achieves Congress’ purpose in creating a approach(es) judges should follow in con- tion, but doesn’t necessarily consider the remedy for damages, one might just as sidering questions of interpretation. When counter-arguments to his examples. In easily say the interpretation adopted by viewed in this context, it is certainly an Arlington Central School District v. Murphy, the Court better achieved the purpose important contribution to this dialogue, the question of statutory interpretation was of the exemption. Even as Breyer argues but whether it can be said to be persuasive whether parents successful in a lawsuit against originalism, on the basis that it is or not is in the eye of the beholder. against a school district concerning the too difficult or uncertain, his own focus education plan for their disabled child on purpose and consequences may be just should recover their expert witness’ fees. as uncertain. The statute provided for an award of “rea- Part II also considers administrative sonable attorneys’ fees and costs.” Breyer law issues, federalism, executive orders and CLE explains that including the experts’ fees stare decisis. Like his arguments concerning as part of costs would obviously further pragmatism, his arguments here make for Videos the “purpose” of the statute, which was thought-provoking, if at times maddening, to remove potential barriers for parents. reading. Call the DSBA at (302) Certainly that can be one reading of the 658-5279 for an appointment purpose; but, suppose that the word “costs” Finally, Breyer concludes his book with to view one of the many ordinarily did not include expert fees, and a section on individual liberty. In particu- recorded DSBA seminars. the use of the word “costs” was a legislative lar, he discusses the recent Guantánamo decisions and the war on terrorism, and his A complete list of all CLE compromise to provide some relief to par- videos is available on our review of these cases, particularly from his ents while not potentially overburdening website at: www.dsba.org school districts (and thereby taxpayers). In perspective as a Supreme Court Justice, is other words, while focusing on purposes quite interesting. and goals may lead to a particular result or interpretation, that result may be contrary to the intent of the legislature. In fact, the Supreme Court, in its decision, held Legal Services Corporation of Delaware, Inc., 6-3 that the term “costs” was a term of wishes to thank the following attorneys for their art which was understood not to include service on our Private Attorney Involvement Panel expert fees (and, indeed, other cases inter- preting the term “costs” in other statutes this past year, and for their continuing efforts in had so held). Breyer dissented in the case. providing critical legal assistance to low-income Similarly, Breyer dissented in Ali v. Delawareans: Federal Bureau of Prisons, in which the Court held 5-4 that the phrase “any of- ficer of customs or excise or any other law Tara Blakely, Esq. Vivian Houghton, Esq. enforcement officer” included a prison warden and other prison officers. In that Erin Brignola, Esq. William Jaworski, Esq. case, Congress enacted a statute permitting Maggie Clausell, Esq. Nina Pappoulis, Esq. citizens to sue the government for harm caused, but included a number of excep- Elwyn Evans, Esq. Thomas Pulsifer, Esq. tions including an exception for damage to Jacqueline Feely, Esq. Richard Rago, Esq. property caused by “any officer of customs or excise or any other law enforcement of- Gerard Gray, Esq. William Schab, Esq. ficer.” The majority held that “any other law enforcement officer” included prison Andrea Green, Esq. Elisabeth Young, Esq. officials. Breyer, however, believes that such a broad interpretation of “any other law enforcement officer” is inconsistent with a statute that otherwise provides for

23 The Journal of The Delaware State Bar Association • December 2010 Bulletin Board

WILMINGTON – LITIGATION THE BANKRUPTCY & CREDI- POSITIONS AVAILABLE ASSOCIATE: Fox Rothschild LLP TORS’ RIGHTS PRACTICE ATTORNEY: Delaware Volunteer Legal has an opening in the Wilmington, DE GROUP OF WOMBLE CARLYLE Services, Inc., is accepting applications office for a Litigation Associate with 3 to seeks an associate attorney with 1-3 to fill a staff attorney position. The 5 years of general litigation experience. years of bankruptcy and/or related attorney will be responsible for handling The ideal candidate will have strong litigation experience for a position various family law matters primarily for research, writing skills, academic record in its Wilmington, DE office. Excep- victims of domestic violence. Salary is and must be licensed in the State of tional writing skills, excellent aca- commensurate with experience, excellent Delaware. Large law firm experience demic credentials, and bankruptcy/ benefits. Please FAX resume and cover preferred. Candidates must be licensed to litigation experience are essential for letter to Janine Howard-O’Rangers, 477- practice in the state of Delaware. Strong this position. Clerkship experience 2227, or e-mail to [email protected]. academic record and excellent writing preferred. The position is litigation skills are required. If interested, please focused and will involve drafting and GENERAL PRACTICE LAW FIRM apply online at www.foxrothschild.com/ looking for an Attorney admitted in responding to discovery and motions careers or send resume in confidence to: and legal research. Candidates must Delaware with 1-5 years’ experience [email protected]. EOE for Dover Office. Candidates must be be licensed in Delaware. Womble willing to relocate to Dover area. Areas WILMINGTON – FINANCIAL Carlyle is committed to leadership of practice preferred include litigation, R E S T R U C T U R I N G & in attracting, developing, and retain- domestic relations and criminal law. BANKRUPTCY ASSOCIATE: Fox ing a diverse workforce of highly Candidates must have good writing, Rothschild LLP has an opening in the talented professionals. Qualified analytical and research skills. Preference Wilmington, DE office for a Financial applicants should send a resume and Restructuring & Bankruptcy Associate transcript with cover letter by e-mail will be given to candidates with long- term prior residency in Kent or Sussex to join a growing bankruptcy practice. to [email protected]. We are not ac- counties. Submit confidential resumes The ideal candidate will have 1 to 4 cepting search firm referrals for this to Terry Jaywork, Hudson, Jones, years of experience in all aspects of position. EOE Jaywork, & Fisher, 225 South State financial restructuring & bankruptcy THE WILMINGTON OFFICE OF Street, Dover, DE, 19901 or e-mail to including chapter 11. Representation of MORGAN LEWIS [email protected]. debtor experience is a plus. Candidates seeks a highly must be licensed to practice in the qualified, mid-level associate with law ASSOCIATE: Prominent mid-size state of Delaware. Strong academic firm experience to join our Litigation Wilmington insurance defense firm record and excellent writing skills are Practice. The ideal candidate will have seeks an associate with 0-5 years required. If interested, please apply comparable experience in litigation, experience for an opening in its active online at www.foxrothschild.com/ preferably including deposition and oral workers’ compensation defense practice. careers or send resume in confidence to: argument experience. Candidates must Delaware bar is required and salary [email protected]. EOE possess excellent academic credentials, commensurate with experience. Cover ATTORNEY: Old New Castle law as well as strong organization, research, letter and resumes are held in the firm seeks associate admitted in Dela- writing, and analytical skills. Delaware strictest confidence and should be sent ware with 0-3 years’ experience to join bar membership is required. Please submit to: [email protected]. its practice with an emphasis in estate resume and law school transcripts using DOVER – ASSOCIATE ATTORNEY: and tax planning and estate and trust the online application system link on our Schwartz & Schwartz, Attorneys at administration. LL.M in Taxation website at www.morganlewis.com. Law, P.A. is seeking a licensed Delaware or practical experience in account- ATTORNEY WANTED: Busy Beth- attorney for its Dover office. The ideal ing and/or small business operations any Beach solo practitioner needs an candidate will have a minimum five years before or after law school favorably Attorney to help conduct real estate litigation experience in a solo or small considered. Excellent benefits and op- settlements, other real estate related firm practice, handling a diverse array of portunity for advancement. Part-time matters and general work overflow . 2 litigation matters, including personal injury applicants considered. Send résumé to 4 year experience . For a confiden- cases. To apply in confidence, mail your and transcripts in confidence to: Old tial interview please call, email or fax resume and cover letter to Benjamin A. Capital Law Firm, PO Box 470, New resume to: Joseph C Raskauskas: (302) Schwartz, Managing Partner, P.O. Box 541, Castle, DE 19720, Attn: J. Corbett 527-2000 Office, (302) 537-9958 Fax, Dover, DE 19903, or apply via e-mail to ([email protected]). [email protected]. [email protected].

December 2010 • The Journal of The Delaware State Bar Association 24 ATTORNEY: Elzufon Austin Reardon FULLY FURNISHED PROFESSION- 15. Define your goals: Remember you Tarlov & Mondell, P.A. seeks transac- AL OFFICE: Enjoy complete package of are first a professional, then a businessman. tional attorney, preferably with 1-5 years office space, technology, service and sup- If you seek riches become a businessman experience with real estate transactions, port. Call today for tour: (302) 884-6746. and hire an attorney. to join its active, busy, energetic, and Mention ad—first month free! 16. There is no such thing as billing expanding commercial real estate and VIRTUAL OFFICE PLUS: Just $250/ 3,000 hours a year. land use practice. DE Bar required. month includes mail forwarding, tele- 17. Tell your clients how to behave – if Send resume in confidence to: PO phone reception, and 40 hours confer- they can’t, they don’t deserve you as their Box 1630, Wilmington, DE 19899- ence room usage. One Commerce Center attorney. Building—accessible, professional, afford- 1630 Attn: Larry J. Tarabicos, Esq., 18. Solve problems—don’t become one. e-mail [email protected] , or Fax: able. www.STATOfficeSolutions.com. 19. Have ideals you believe in. (302) 428-3181. DOWNTOWN WILMINGTON: Appr. 2000 sq. ft. office space on 2nd 20. Don’t do anything that you wouldn’t THE WILMINGTON OFFICE OF be proud to tell your mother about! MORGAN LEWIS seeks a highly floor in an elevator building. 2 blocks from court houses. Parking available on (The 20 Golden Rules/Florida Lawyer’s Assistance Program) qualified, mid-level staff associate with premises. Call (302) 656-5445. Personally: Fortunately, most lawyers law firm experience to join our Product are passionate about being a lawyer. Un- SALE (TIRED OF RENTING): Ex- Liability and Toxic Tort Practice, part fortunately, some lawyers may not devote cellent Redevelopment Opportunity of the Litigation Practice. A strong enough time to their personal well-being. For Small Law Firm in Ships Tavern background in product liability, For that reason, it is not too late to review District (2.5 blocks from Courthouse), complex mass tort, and toxic tort some simple personal procedures that can 4,914 sq. ft. (3 stories plus basement), litigation is required, preferably asbestos contribute to time, money and the estab- Zoned C-3, Owner Financing Avail- litigation. Candidates must possess lishment of habits that can enhance you able, For more information, please excellent academic credentials as well and your professional life: as strong organization, writing, and contact Mary Ann Heesters or Joe • Take time to eat right. analytical skills. Delaware bar Latina at Patterson Woods Commer- membership is required. Please submit cial Real Estate, (302)622-3500 or • Take time to sleep. resume and law school transcripts using [email protected]. • Take time to play. the online application system link on • Take time to pray. our website at www.morganlewis.com. DE-LAP ZONE (continued from page 20) • Take time to love. • Take time to give. Other Habits To Consider • Take time to laugh. OFFICE SPACE During Your Self-Audit: • And, take time to plan, implement, and mange, both professionally and person- OFFICE SPACE AVAILABLE: Lease or The 20 Golden Rules Or How Not ally—it is the road to success. Sale 700 sq ft sublet on 3rd floor and 2200 To Be A Difficult Attorney: sq ft on 2nd floor (subdividable). Located 1. Behave yourself. Remember, many of us love being a at 1225 N King St., Wilm, DE. Building 2. Answer the phone. legal professional. Generally, the profes- sion has met our great expectations upon is the home of several atty’s, title com- 3. Return your phone calls. entering law school. Most lawyers take panies, private investigator & architects. 4. Pay your bills. Call (302) 984-0815. great pleasure and pride in their work. 5. Keep your hands off your clients’ Realistically, however, it is the planning, OFFICE SPACE AVAILABLE: Of- money. implementation, management, and an- fice sublet available on the third floor 6. Tell the truth. nual self-audit that may be the difference of the Conectiv Building, 800 N. King 7. Admit ignorance. between success and failure. St. in Wilmington with Donald Gouge 8. Be honorable. For more information on the topics and John Deckers. Space consists of discussed above and for free check-lists one windowed lawyer’s office and 9. Defend the honor of your fellow call: The Delaware Lawyers Assistance one assistant/paralegal office. It also attorneys. Program (DE-LAP) at (302) 777-0124 includes a file/copy room. Services in- 10. Be gracious and thoughtful. or 1-877-24DELAP or our 24 hour clude copier, conference room, runner 11. Value the time of your fellow hot-line number 1-877-652-2255 or visit etc. Space available January 1, 2011. attorneys. our confidential web site at www.de-lap.org, For more information, please contact 12. Give straight answers. or e-mail me at [email protected]. Linda Martin at 302-658-1800 or 13. Avoid the need to go to court. Wishing all a happy and healthy holiday [email protected]. 14. Think first. season!

25 The Journal of The Delaware State Bar Association • December 2010 The Judicial Palate By Ciro C. Poppiti, Esquire and Laura M. Poppiti, Esquire

A Jolly Holly in New York

n the realm of life’s small pleasures, Ciro: And, don’t forget Great N.Y. menorahs, and Santas, together with there’s nothing quite like catching Noodletown, a cozy Chinatown diner Disney characters, Grinches, and every that first glimpse of Manhattan as situated right on the Bowery. Here’s an sort of guardian angels. It is well worth Iyou approach the city. The awe-inspiring insider’s tip: Never order from the menu. the $300 you’ll pay in tolls coming over skyscrapers, forming mountains of steel Rather, look around the room, find some- the Verranzano Bridge on your way back along the horizon, underscore the action thing good that the locales are eating, and to Delaware. and the excitement of New York. And ,what tell your waiter to bring you one of those. HIDDEN PUZZLE: This column better time to visit the Big Apple than when Laura: I recently visited Eataly (200 contains a hidden puzzle, with five clues. it’s all decked out with boughs of holly? 5th Avenue), the joint venture between The first three people who correctly name Ciro notes: Of course, the epicenter luminaries Mario Batali and Lidia Bas- the clues and the final answer will receive of the holiday cheer is Rockefeller Center, tianich. Eataly is an Italian food lover’s a special bottle of bubbly with which they with its giant spruce tree, decorated with paradise with endless aisles of dried and can toast their friends and family, while 30,000 lights over five miles of wire. I have fresh pastas, cheeses, vinegars, and olive singing Auld Lang Syne this holiday always enjoyed watching the ice skaters oils, fresh and cured meats, fish and season. Entries should be submitted via on the lower level of the Center, with that produce. The complex also features food e-mail at [email protected]. iconic statue of Prometheus overseeing all bars and restaurants with open kitchens of the merrymaking. where you can watch the cooks prepare Laura responds: Bryant Park also pro- your meal. I ate at the pizza and pasta vides a great ice skating experience. The restaurant thoroughly enjoying Spaghetti HIRING A skating rink lies behind the Public Library Cocio E Pepe, with cheese from Lazio, (42nd Street and 6th Avenue). During butter from Torino and crushed black PARALEGAL? pepper. I can’t wait to return. the holidays, Bryant Park features unique Log on to boutique-style stores and specialty food Ciro: For the adventurous, head to www.deparalegals.org kiosks, perfect for the hard-to-shop-for- Brooklyn and try Grimaldi’s, located person on your list. right under the Brooklyn Bridge. We For more information Ciro: If you enjoy the kind of movies have eaten in a lot of pizza joints over the years, and Grimaldi’s ranks right at the about posting jobs on that don’t seem to come to Delaware, buy DPA’s website, a New York Times newspaper and check very top. Its coal-fired brick oven has a contact the out the listings at theaters around town. I magical way of fusing the tomato sauce Job Bank Director, especially like the Angelika Film Center and mozzarella together, producing a (18 W. Houston Street), which at this time silky, gossamer combination. Sharyn C. Hallman, DCP, of year, showcases the latest indie and art Laura: I don’t know about gossamer, at (302) 984-3882. movies, as well as the holiday classics of but the fresh mozzarella is the best, and director Frank Capra. the crust is indescribably good; in a word, Laura: We’ve had a lot of fun over the it’s “wonderful.” years at the Waldorf Astoria Hotel (301 Ciro: Don’t leave Brooklyn without Park Avenue). If you have never strolled visiting the Dyker Heights neighborhood, through its majestic lobby, complete where residents vie with each other for with a towering centerpiece clock, treat the honor of having the most gaudily- yourself. Every time a bell rings from the beautiful display of holiday lights. More clock, a forgotten era of hotel glamour than just the unending stream of lights, comes back to life. each home has a random mix of mangers,

December 2010 • The Journal of The Delaware State Bar Association 26 The 2011 Delaware Legal Directory Comprehensive Listings Extensive References • Entries for over 4,500 Delaware attorneys & judges • Listing of Delaware firms with names of every partner and associate • Names, addresses, phone and FAX numbers • Law-related organizations and programs • E-mail addresses • Courts and government

• Photographs • DSBA information and contact persons • Supreme Court ID Numbers • Year admitted to the Delaware Bar Member Benefit • Every member of the Association receives one Convenient Format free copy. • Easy to use 5.5” x 8.5” wirebound book For additional copies, please see order form • Tabbed, labeled dividers below.

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Mail or FAX order to: Delaware State Bar Association, 301 North Market Street, Wilmington, DE 19801 FAX: (302) 658-5212 QUESTIONS? Call (302)658-5279 DorsneyINREv2.pdf 11/18/2010 3:10:13 PM

IS PLEASED TO ANNOUNCE

Kenneth L. Dorsney

HAS JOINED THE FIRM AS COUNSEL IN ITS Intellectual Property Litigation Practice

C

M

Y

CM Mr. Dorsney, a registered patent attorney, represents corporate clients in a wide variety of complex commercial MY

CY matters, including patent, trademark, trade secret, and copyright cases. He has represented patent litigants from

CMY the pre-suit investigation through discovery, mediation, trial, and the post-trial phases of the case. Mr. Dorsney K has a B.A. and B.M.E. from the University of Delaware and a J.D. from the University of Pittsburgh School Of Law. He clerked for The Honorable Mary Pat Thynge, U.S. Magistrate Judge for the District of Delaware. After his clerkship with Judge Thynge, Mr. Dorsney clerked for The Honorable Kent A. Jordan, U.S. District Judge for the District of Delaware (in December 2006, Judge Jordan was elevated to the U.S. Court of Appeals for the Third Circuit). Mr. Dorsney is admitted to practice in Delaware, the District of Columbia, and before the U.S. Patent and Trademark Office.

500 Delaware Avenue Suite 1500 Wilmington, DE 19801 T 302.888.6800 F 302.571.1750 www.morrisjames.com