OctoberOctober 2010 • VoVolumelume 34, 34, Number Number 3 3

CelebrateCelebrate ProPro BonoBono

October 2010 • The Journal of The Delaware State Bar Association 1 TUESDAY, NOVEMBER 9, 2010 8:30 AM - 12:30 PM The Hotel duPont, the Gold Ballroom Continental breakfast

the Policies, the Rules and the Future

THE ETHICSPresented OF LAWYER by William Hornsby ADVERTISING Staff Counsel, American Bar Association Three Enhanced Ethics Credits for Delaware and Pennsylvania Attorneys New Jersey Pending

Registration Form: www. rststateala.com Additional Information/Questions: info@ rststateala.com

The Ethics of Lawyer Advertising

Tuesday, November 9, 2010 First State ALA Members No Charge CashRegistrants or Check from made First payableState ALA to Member “ALA First Firms* State $100.00 Chapter” Registrants from Non ALA Member Firms $150.00

Name: ID No. Email: Phone: Firm: Please Address:make checks payable to The First State Chapter of the Association of Legal Administrators and mail to: Susan Holton Smith, Katzenstein & Furlow LLP P.O. Box 410 Wilmington, DE 19899

*At least one administrator in your firm must have an active ALA First State Chapter Membership SEATING IS LIMITED — ADVANCED REGISTRATION IS RECOMMENDED 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 October 2010 Volume 34 • Number 3 302-658-5279 (From Kent and Sussex Counties) 800-292-7869 FEATURES FAX: 302-658-5212 www.dsba.org 13 The Bar Association–Bar Foundation Seminar: President A Tradition in the Making Matthew M. Greenberg Executive Director 16 Christopher W. White 2010 Distinguished Access to Justice Rina Marks Awards Breakfast Invitation and Registration Editorial Board David W. deBruin 19 Mockingbird Revisited Michael L. Sensor By Harvey B. Rubenstein, Esquire, and Rebecca Baird Seth L. Thompson 22 Delaware Supreme Court, Delaware State Bar Association and Executive Committee Liaison American Judicature Society to Co-Sponsor November 12th Theresa V. Brown-Edwards “Celebration of Judicial Merit Selection in Delaware” Vice President-at-Large By William D. Johnston, Esquire Publications Editor Rebecca Baird 23 Celebration of Judicial Merit Selection in Delaware Invitation and Registration © 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 is a forum for the free expression of ideas COLUMNS on the law, the legal profession and the administration of justice. It may publish articles representing unpopular and controversial points of view. Publishing and 4 President’s Corner editorial decisions are based on the quality 6 Editor’s Perspective of writing, the timeliness of the article, and the potential interest to readers, and all 10 Tips on Technology articles are subject to limitations of good 12 Ethically Speaking taste. In every instance, the views expressed are those of the authors, and no endorsement 14 Pro Bono Spotlight of those views should be inferred, unless 20 DE-LAP Zone specifically identified as the policy of the Delaware State Bar Association. 24 Insurance Insight 26 Book Review All correspondence regarding circulation, subscriptions, or editorial matters 30 Judicial Palate should be mailed to: Editor, DSBA Bar Journal Delaware State Bar Association 301 North Market Street DEPARTMENTS Wilmington, DE 19801 or e-mailed to: [email protected] All inquiries regarding advertising should be directed to the address above, 8 Calendar of Events Attention: Advertising, Bar Journal. 9 Section & Committee Meetings 11 Section News Letters to the Editor should pertain to recent 27 Disciplinary Actions articles, columns, or other letters. Please limit to 250 words. Unsigned letters are not published. All 28 Bulletin Board letters are subject to editing. Send letters to 301 North Market Street, Wilmington, DE, 19801, Attention: Editor, Bar Journal. Cover Photo Credit: ©istockphoto.com/Pingwin

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

By Matthew M. Greenberg, Esquire

Access to Justice: Participate in Delaware’s Pro Bono Celebration

uilding on the extraordinary scheduled in Delaware in support of the Our focus as attorneys should be to success of the first annual Na- Celebration which are discussed in the support legal services to those most in tional Pro Bono Celebration in “Pro Bono Spotlight” article on page 14. need through volunteering for one of B2009, the ABA Standing Committee on More than ever, there is a desperate need Delaware’s four primary legal service Pro Bono and Public Service is sponsoring to provide equal access to the law for organizations. Community Legal Aid the Celebration again this year October our community’s less fortunate citizens. Society, Inc. (CLASI) was founded by 24 through 30, 2010. The Celebration Delaware attorneys must take to heart members of the DSBA in 1946 to provide is a coordinated national effort to meet Delaware Lawyers’ Rules of Professional free civil legal services to members of all the ever-growing needs of this country’s Conduct Rule 6.1—Voluntary Pro Bono three counties who have low incomes, most vulnerable citizens by encouraging Publico Service rule, which provides: have disabilities, or are over 60 years of and supporting local efforts age. In 2009, CLASI pro- to expand the delivery of pro vided services in over 3,667 bono legal services, and by showcasing the great differ- More than ever, there is a desperate cases, helping over 8,126 ence that pro bono lawyers need to provide equal access to people through its Poverty Law Program, Elder Law make to the nation, its sys- the law for our community’s less tem of justice, its communi- Program, Disabilities Law ties and, most of all, to the fortunate citizens. Program, and Fair Housing clients they serve. The goals Program. for the Celebration include: Legal Services Corpora- • Recruiting more pro bono volun- “A lawyer should render public interest tion of Delaware (LSCD) was established teers and increasing legal services to poor legal service. A lawyer may discharge this in 1995 and focuses on consumer law and vulnerable people; responsibility by providing professional issues, such as mortgage foreclosures, • Mobilizing community support services at no fee or a reduced fee to per- secured transactions and repossessions, for pro bono; sons of limited means or to public service breach of warranty and breach of con- or charitable groups or organizations, by tract, Fair Debt Collection Practices, • Fostering collaborative relation- service in activities for improving the law, home repair scams, Truth-in-Lending ships among our membership and legal the legal system or the legal profession, violations, bankruptcy, private landlord/ service providers; and and by financial support for organizations tenant disputes, and public benefits • Recognizing the pro bono efforts that provide legal services to persons of cases. In 2009, LSCD provided services of lawyers. limited means.” in over 1,570 cases, helping over 4,602 Although national in breadth, the This year we have made access for people. Celebration provides an opportunity for Delaware Bar members easier with the Delaware Volunteer Legal Services, local legal associations across the country addition of Susan Simmons, the DSBA’s Inc. (DVLS), a non-profit corporation, to take the next step in their efforts to Pro Bono Coordinator. Susan is working was established in 1981 by the DSBA provide high quality legal services to those with the legal service organizations, com- to provide quality free legal services to living on the social margins. munity service organizations, firms, and indigent individuals primarily in fam- I want to use this opportunity to members of the Bar to coordinate and ily law matters such as protection from request that you participate in the Cel- improve our services. I urge you to seek abuse, custody, visitation, and divorce. ebration this year and take on a new or out Susan’s assistance and guidance at the In 2009, over 4,408 individuals re- additional pro bono project this year. Bar Center or at any of the events planned ceived representation, advice, or referral Again this year, there are several events during the Celebration. through DVLS programs.

October 2010 • The Journal of The Delaware State Bar Association 4 The fourth organization is the Office local funds, contributions, grants, and details on how to participate in any of of the Child Advocate (OCA), whose investment income for these organiza- these opportunities. mission is to safeguard the welfare of tions have been cut. As such, you can I also want to take time to congratu- Delaware’s children through educational also support our legal services organiza- late the achievements of our members advocacy, system reform, public aware- tions financially by contributing to the who will be recognized this year during ness, training, and legal representation. Combined Campaign for Justice and the Celebration at our annual Pro Bono In 2009, OCA provided services in over the Delaware Bar Foundation this year. Breakfast to be held on October 26th. 483 cases, culminating in 109 reunifica- These donations allow legal services or- This year, the event has been renamed the tion with parents, 51 adoptions, and 57 ganizations to stay afloat and continue Christopher W. White Distinguished guardianships. to provide for the community in which Access to Justice Awards Breakfast. As illustrated by the number of lives we live. The event will honor and remember impacted by these organizations through In addition to facilitating assistance Chris White, a community leader the provision of services to Delawareans for these legal service providers, we are and the Executive Director of CLASI, in need, the staffs of these organizations working with community organiza- whose commitment to providing access are devoted to providing legal services tions to put members of the Delaware to justice for those in need exemplified to those members of our society who Bar in touch with charities that may the spirit of this Celebration. The 2010 cannot afford representation. Yet, they need legal help with matters that they awardees to be recognized are: cannot function without relying on vol- cannot afford to pay. These non-profit • McCarter English, LLP, a firm unteer attorneys. The current economic organizations may need assistance with that has shown an unwavering commit- conditions have resulted in an increase non-litigation matters, including: labor, ment to pro bono work, will receive the in the number of people who are eligible tax, corporate, real estate, regulatory, Leadership Award, presented to a legal for the services provided by all four legal and intellectual property issues that are organization (legal department or law of- services organizations. key to their survival. We hope that this fice) that has demonstrated outstanding While that demand for services has initiative by the Bar Association expands leadership in the field of pro bono service increased, funds from the Interest on the number of attorneys that provide to Delaware’s indigent population. Lawyers Trust Account (IOLTA) pro- assistance to other Delawareans. Please gram have decreased and federal funds, contact the Bar Association for more President’s Corner (continued on page 7)

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

By Seth L. Thompson, Esquire

Depositing a Few Coins in the Karma Jar

hile my colleague and time for Philadelphia sports, especially Of course, the absence of a mathemat- fellow editor, Michael compared with the past few years.) ical calculation factoring in opportunity Sensor, is most directly While you have your repeat callers, costs, the inherent risks of litigation, the Waffected by a bout with pneumonia, the usually identified only by first name potential range of award, and the likeli- indirect result is that our readers have and section of the city, there remains hood of success can make the task of an to tolerate two consecutive articles from some spontaneity, some give-and-take attorney guardian ad litem less scientific, yours truly. The Federalist Papers, they with the audience. This brings me to with a lack of direct precedent causing less are not. Get well quickly and completely, the secondary reason I thought of those predictability. In that sense, it is akin to Michael; I am certain the rest of the Bar two-song requests: Pro Bono week and being The Greatest American Hero; you shares in those sentiments. the Pro Bono Awards breakfast take have these superpowers, but no specific The opportunity to author back-to- place this month. From my perspective, instructions on their use. I personally back articles immediately brought to at the heart of pro bono efforts is the no- cannot pretend to fully understand what mind my undergraduate these children have gone summer days working at through or are experiencing, Taylor Rental, a job that There are numerous avenues for and doing so seems to be entailed driving a delivery almost dismissive. However, truck from site to site, pro bono efforts, plenty to suit each as the OCA attorneys are erecting tents for events, attorney’s particular tastes and prone to say, all you need is and listening to classic rock talents. common sense and a will- in between. The music just ing ear. seemed to fit the job. In- For some self-centered variably, each radio station would have a tion of giving an opportunity to a voice argument for a little selflessness in pro gimmick involving multiple songs by the that might otherwise never be heard, bono work, it will likely make you a better same artist, with a moniker (announced or understood, in the legal system. Pig- attorney, with more range of experience in an exaggerated, reverberating voice) gybacking on last month, if one views and more insight into others’ conditions. like “Two for Tuesdays” or “Double Shot the law as a foreign language, we, as There is something liberating about Rock Block.” A caller would request a attorneys, may act as DJ-translators for removing the business element from the particular artist, and my coworkers and our pro bono clients. attorney-client equation; to paraphrase I would occasionally attempt to guess There are numerous avenues for pro Forrest Gump, not having to worry about what the songs would be. bono efforts, plenty to suit each attor- money anymore is nice—one less thing. I am not sure the request (or its adult ney’s particular tastes and talents. One Plus, I would be willing to wager someone contemporary cousin, the request and that I and many others find particu- helped you at some point along the way, dedication) still exists. Satellite radio larly rewarding is serving as an attorney without the expectation of remuneration. and sports radio occupy my presets guardian ad litem through the Office of Think of your compensation as a deposit now. The times they are a-changin’. Child Advocate. So often, other cases in the karma jar. Perhaps there is a disc jockey working boil down to a dollar figure, which is not the midnight shift that still takes call- to disparage the necessity of those mat- ers’ requests, but it seems that the music ters. Indeed, they are necessary to protect radio industry has evolved into a more our way of life. In contrast, however, the precise, yet more passive entity. Perhaps opportunity and ability to safeguard de- that is, in part, why I like sports radio. pendent or neglected children’s lives and (There are simply too many variables affect their future by advocating for their to isolate, with a big one being that the best interests and voicing their concerns 1990s were, on the whole, a depressing go beyond dollars and cents.

October 2010 • The Journal of The Delaware State Bar Association 6 President’s Corner (continued from page 5) in other events during the Celebration • Andrew G. Golian, Esquire, including the Pro Bono Celebration 5K a patent attorney with E. I. du Pont Run/Walk on Sunday, October 24th. Visit the de Nemours and Company, who has It is our obligation and our privilege to worked to provide victims with a voice in do what we can to support the legal ser- Delaware State our Courts, will be awarded the Achieve- vices organizations. The Bar Association ment Award, presented to a member of the continues to make opportunities easier for Bar Association Bar who has shown an exemplary recent you to become involved. I ask that during contribution to pro bono services and these continuing difficult economic times website at stands as a role model to other attorneys. you utilize our assistance and increase your volunteer and financial commitment www.dsba.org • Suzanne I. Seubert, Esquire, a pri- to ensure that access to justice remains vate practice attorney focusing on Family open to all Delawareans. Law for her volunteer work with DVLS, will be awarded the Commitment Award, presented to a member of the Bar who has HARRIS FINKELSTEIN, PH.D. demonstrated a sterling commitment to pro bono work throughout her career by Over 20 Years of Experience in dedicating time and energy to the support Assessment & Therapy with Children & Adolescents and provision of legal services. Available to the Legal Profession: I congratulate these attorneys and Œ S.722 Custody Evaluations – with (highly preferred) or without both parents firms for their support of legal services Œ Psychological Evaluations for P.I. damages to children and adolescents in Delaware and am proud that so many including trauma, abuse, anxiety and PTSD. Delaware attorneys support pro bono ini- Licensed in DE & PA Nationally Certified School Psychologist tiatives in Delaware. I hope that you will 1300 Pennsylvania Avenue, Wilmington, DE 19806 join me in recognizing their accomplish- ments on October 26th and participate (302) 594-9000

The Delaware State Bar Association and The Delaware Bar Foundation present Give them the Office and world.

Trial Practice New at Friends 2010 in 2010-11 • Lower School STEM Lab Thursday, October 14, 2010 8:45 a.m. - 4:45 p.m. • Middle School art computer lab

Featured Speaker • Upper School Mandarin Floyd Abrams online pilot program Cahill Gordon & Reindel LLP “Meet Us on Mondays,” 5:00-6:30pm; 6.5 hours CLE credit please call or visit the web including 2.8 credit hours to learn more. of Enhanced Ethics www.wilmingtonfriends.org Chase Center on the Riverfront 800 Justison Street, Wilmington, DE 302.576.2930

7 The Journal of The Delaware State Bar Association • October 2010 Calendar of Events Executive October 2010 ommittee Thursday, October 14, 2010 C Office and Trial Practice 2010 6.5 hours CLE credit Members Chase Center on the Riverfront, Wilmington, DE

Saturday, October 16, 2010 Matthew M. Greenberg Wills for Heroes Event President

2.0 CLE credits James G. McGiffin, Jr. EMS Training Center, Georgetown, DE President-Elect

Tuesday, October 19, 2010 Theresa V. Brown-Edwards CLE Videos in Dover Vice President-at-Large

Attorneys’ Guide to Persuasive Communication Robert J. Krapf 3.3 hours CLE credit Vice President, Ethical Issues Relating to Social Media, the Courts and the Bar New Castle County

3.0 hours CLE credit Emily A. Farley Community Legal Aid Society, Inc., Dover, DE Vice President, Thursday, October 21, 2010 Kent County How Attorneys Can Ethically Build and Use a Website to Margaret R. Cooper Keep Old Clients and Create New Ones Vice President, A Pennsylvania Bar Institute Simulcast Sussex County

2.5 hours CLE credit Miranda D. Clifton Delaware State Bar Association, Wilmington, DE Secretary

Tuesday, October 26, 2010 Karen Jacobs Louden Christopher W. White 2010 Distinguished Access to Justice Awards Breakfast Assistant Secretary du Barry Room, Hotel du Pont, Wilmington, DE Gregory B. Williams Treasurer

November 2010 Yvonne Takvorian Saville Friday, November 12, 2010 Assistant Treasurer Corporate Governance and Oversight of Intellectual Property Risks Benjamin Strauss and Opportunities Past President

3.0 hours CLE credit The Honorable Hotel du Pont, Wilmington, DE Mary M. Johnston Judicial Member Friday, November 12, 2010 Celebration of Judicial Merit Selection in Delaware Jeremy Douglas Anderson Assistant to President Du Pont Country Club, Rockland, DE Michael Houghton December 2010 Legislative Assistant Thursday, December 2, 2010 William Patrick Brady Crystal L. Carey Awards Luncheon Arthur G. Connolly III du Barry Room, Hotel du Pont, Wilmington, DE Doneene Keemer Damon Jill Spevack Di Sciullo Friday, December 3, 2010 Richard Montgomery Donaldson Family Law Update David J. Ferry, Jr. 6.0 hours CLE credit Richard A. Forsten Danielle Gibbs Christiana Hilton, Newark DE Brenda James-Roberts Tuesday, December 7, 2010 Albert H. Manwaring IV Members-at-Large Hotel and Restaurant Law 3.0 hours CLE credit Rina Marks Delaware State Bar Association, Wilmington, DE Executive Director Tuesday, December 14, 2010 PBI Simulcast Legal Writing and Persuasion in the Smartphone Age/ The Surprisingly Useful Things Legal Writers Can Learn from Fiction 6.0 hours CLE credit Delaware State Bar Association, Wilmington, DE Wednesday, December 15, 2010 Trial Practice Tips from Delaware’s Experienced Civil Practice Lawyers 5.2 hours CLE credit Delaware State Bar Association, Wilmington, DE

October 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 October 2010 personal or practice-related problems. It Wednesday, October 6, 2010 • 12:00 p.m. offers help to lawyers who, during difficult Multicultural Judges and Lawyers Section Teleconference times, may need assistance in meeting law practice demands. The members of this Wednesday, October 6, 2010 • 12:30 p.m. committee, individually or as a team, will Women and the Law Section Meeting help with the time and energy needed to Marks O’Neill O’Brien & Courtney, P.C., 913 N. Market Street, Suite 800, Wilmington keep a law practice operating smoothly and to protect clients. Call a member if you or Thursday, October 7, 2010 • 4:00 p.m. someone you know needs assistance. Real & Personal Property Section Meeting Young Conaway Stargatt & Taylor, 1000 West Street, 17th Floor, Wilmington Karen Jacobs Louden, Co-Chair Monday, October 11, 2010 • 4:30 p.m. I. Barry Guerke, Co-Chair Dennis L. Schrader, Co-Chair Worker’s Compensation Section Meeting Sidney Balick Young Conaway Stargatt & Taylor, 1000 West Street, Wilmington R. Franklin Balotti Tuesday, October 12, 2010 • 12:15 p.m. Victor F. Battaglia, Sr. Dawn L. Becker Small Firms and Solo Practitioners Section Meeting Robert K. Beste, Jr. Delaware State Bar Association, 301 North Market Street, Wilmington Vincent A. Bifferato, Sr. Wednesday, October 13, 2010 • 12:00 p.m. Amy K. Butler Mary C. Boudart Alternative Dispute Resolution Section Meeting Crystal L. Carey New Castle County Courthouse, 500 North King Street, Michael D. Carr Superior Court Meeting Room,10th Floor, Wilmington Ben T. Castle Thomas P. Conaty IV Tuesday, October 19, 2010 • 12:00 p.m. Edward Curley Litigation Section Meeting Matthew Denn Delaware State Bar Association, 301 North Market Street, Wilmington Gary R. Dodge Shawn Dougherty Tuesday, October 19, 2010 • 12:30 p.m. Mark F. Dunkle Labor & Employment Section Meeting David J. Ferry, Jr. Richards, Layton & Finger, P. A., 920 North King Street, Wilmington David C. Gagne Robert D. Goldberg Thursday, October 21, 2010 • 12:00 p.m. James D. Griffin Executive Committee Retreat Thomas Herlihy III Off-site meeting Glenn E. Hitchens Clay T. Jester Thursday, October 21, 2010 • 12:30 p.m. Hon. Peter B. Jones Law and the Elderly Committee Meeting Rebecca Batson Kidner Law Office of William W. Erhart, P.A., 800 North King Street, Suite 303, Wilmington Bayard Marin James J. Maron Monday, October 25, 2010 • 4:00 p.m. 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 Wednesday, October 27, 2010 • 4:00 p.m. Francis E. Mieczkowski, Jr. Family Law Section Meeting Paulette Sullivan Moore Kelleher & Laffey, 1509 Gilpin Avenue, Wilmington Irving Morris Michele L. Muldoon Friday, October 29, 2010 • 12:30 p.m. Frank E. Noyes II Social Security Disability Section Meeting Elizabeth Y. Olsen Linarducci & Butler, PA, 910 West Basin Road, Suite 100, Wilmington Donald E. Reid David B. Ripsom James B. Ropp November 2010 Kenneth M. Roseman Monday, November 1, 2010 • 12:30 p.m. Leonara Ruffin Thomas D. Runnels Senior Lawyers Committee Monthly Luncheon Meeting H. Murray Sawyer, Jr. Delaware State Bar Association, 301 North Market Street, Wilmington R. Judson Scaggs, Jr. Tuesday, November 2, 2010 • 3:30 p.m. Mary E. Sherlock Gordon W. Stewart Estates & Trusts Section Lunch Meeting Edward A. Tarlov Young Conaway Stargatt & Taylor LLP, 1000 West Street, Wilmington Hon. Charles Toliver Karen L. Valihura Wednesday, November 3, 2010 • 12:00 p.m. Piet H. van Ogtrop Multicultural Judges and Lawyers Section Teleconference Kevin E. Walsh David A. White Thursday, November 4, 2010 • 4:00 p.m. David N. Williams Real & Personal Property Section Meeting Helen L. Winslow Young Conaway Stargatt & Taylor, 1000 West Street, 17th Floor, 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 • October 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

Is Your Mobile Device Secure (or Are You in Danger of Violating Rules of Professional Conduct 1.1 and 1.6)?

or those of you who do not fin- “A lawyer shall not reveal information 106,000 cell phones were reported stolen ish this article, let me leave you relating to the representation of a client un- in 2009. Imagine how many Blackberries with this message: Password less the client gives informed consent . . . .” were simply lost by lawyers. As explained Fyour laptop, Blackberry, iPhone, Smart- above, the capability exists to remotely While Rule 1.6 does not seem to relate phone, and flash drive, and protect to technology, Rule 1.1 states: wipe (erase) all of these mobile devices client confidentiality. once a loss is reported. The loss of a hand- “A lawyer shall provide competent rep- held is even a more sensitive issue than the As we become more mobile, we may resentation to a client (Emphasis added).” loss of a laptop, since active e-mails can be be exposed to a greater risk of violation The Rule goes on to define competence of the Rules of Professional Conduct as requiring the skill reasonably necessary accessed from an unprotected Blackberry relating to confidentiality. We have for the representation. or iPhone. known for years that laptops are often This issue raises a hidden danger when The true sleeper of confidentiality stolen or left behind. In fact, according commingling client information on a breaches lies in the use of flash drives. to FBI’s National Crime Center, 128,280 personal laptop. Few personal laptops, While passworded and encrypted flash laptops were reported stolen in 2009. As or iPads for that matter, are password drives are available, there is a tendency a result, it is becoming more common secured. Ask yourself if you are prepared to purchase the least expensive reliable for law firms to password those devices. to secure your personal laptop with pass- drives. These do not include the neces- While passwording may not prevent wording software before you mix your sary protection software. Files such as a hacker from accessing the laptop, it personal files with privileged client com- Word and Excel can be individually does create a barrier to confidentiality munications. If the answer is “no,” do not encrypted, but few lawyers take the time breaches. In the event a laptop is lost, use your home laptops for lawyer- related to do this, even if they are familiar with anyone finding it will only have access business. the process. An attorney may never ac- to contact information when the device tually realize a flash drive, containing is turned on. To the extent the laptop Next, we need to focus this confi- dentiality issue on more mobile devices thousands of pages of client sensitive is stolen for resale, there is a likelihood information, is lost. (or at least a hope) that the drive will be such as Blackberries, iPhones, and other Conclusion - Read the beginning of scrubbed or initialized and wiped clean. smart phones. These tools should be pro- this article and then read it again. Secure Unfortunately, resale of the device is not tected, as well. According to same FBI’s your mobile devices. the only reason for the theft. Many find National Crime Center report, more than theft of the information on laptops to be more valuable. Good passwording soft- ware provides the capability to destroy the information on the hard disk drive, You are cordially invited to become a member of the once several attempts have failed. In Richard K. Herrmann Technology Inn of Court. fact, programs actually exist which will This is the first of the American Inns to focus specifically on the permit the laptop’s drive to be rendered impact technology plays in the practice of law, including electronic inoperable remotely. discovery, ethics, and social media. In the event a lawyer loses a laptop which has not been password-protected, The Inn meets once a month on Monday evenings at 6:15 p.m. at and privileged information is compro- Widener University School of Law. For further information, con- mised, in today’s world, it may be dif- tact the Inn’s Executive Director Chris Mourse at 302.798.7500 ficult to defend a claim of violation of or [email protected]. Rules 1.1 and 1.6. Rule 1.6 provides:

October 2010 • The Journal of The Delaware State Bar Association 10 Section News

CLE Small Firms Softball Team Wins 2010 Wilmington Videos Lawyer Softball League Championship

By Stephen J. Milewski, Esquire In addition to live seminars, the Delaware State Bar fter finishing the regular season a mediocre 4-4, Small Firms beat the odds Association presents ac- as a 5th seed in the playoffs and defeated Connolly Bove Lodge & Hutz LLP credited Continuing Legal 16-5 to win the WLSL championship game at Rockford Park on August Education videos every A31, 2010. It is Small Firms’ first championship since 2004. Connolly Bove won the weekday. championship in 2008. The infield, consisting of Randy Eveland (1B), Danielle Call the DSBA at Yearick (2B), Larry Kimmel (SS) and Kyle Kemmer (3B), played excellent defense (302) 658-5279 for an ap- to keep the game close in the early innings. Dan Kerrick added a 3-run home run pointment to view one of to help seal the victory for Small Firms. The championship trophy was presented to the many recorded DSBA second-year coach, Steve Milewski. seminars.

A complete list of all CLE videos is avail- able on our website at: www.dsba.org

Delaware State Bar Association 301 N. Market Street Wilmington, DE 19801

Photo courtesy of Tom and Betty O’Shields

The Small Firms team members are: Top Left to Right: Bill Brady, Larry Kimmel, Christian Heesters, Dennis Mason, Ron Hartnett, Marty Knepper, Steve Milewski (coach), John Macconi, Bill Stewart, Randy Eveland, Tom O’Shields, Dan Kerrick. Lower Left to right: Gail Wagner, Cathy Clawson, Danielle Yearick, Nikki Whetham, Monica Horton, Shenna Bayse-Cara, Kyle Kemmer.

Jim Haley, Jr. Mediator/Arbitrator 302-656-7247

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11 The Journal of The Delaware State Bar Association • October 2010 Ethically Speaking

By Charles Slanina, Esquire

Ghost Writing

propos for Halloween, “Ethi- One federal court has twice con- by a statute of limitation, administrative cally Speaking” returns once demned the practice. See Clarke v. United rule, or other proscriptive rule. Prevent- more to the topic of ghostwrit- States, 955 F. Supp. 593 (E.D. Va. 1997); ing lawyers from remaining anonymous Aing. Also known as “unbundling” of Laremount-Lopez v. Southwestern Tidewa- from giving this type of limited help, legal services by its proponents, behind ter Opportunity Center, 968 F. Supp. 1075 they concluded, would likely result in the scenes and unattributed attorney (E.D. Va. 1997). litigants losing their legal rights. help to what otherwise appear to be Other jurisdictions have opined that Still other jurisdictions have adopted pro se litigants has occasionally drawn attorney assistance is permitted without changes to their Professional Conduct the ire of courts as violations of the as- a requirement of disclosure. See Arizona Rules that specifically recognize the right sisting attorneys duties under Rules 3.3 Ethics Opinion 06-03 (July 2006); Illi- to limited scope representation albeit with (Candor to the tribunal), 3.4 (Fairness nois State Bar Association Opinion 849 the requirement that pleadings disclose to opposing party and counsel), and 8.4 (December 9, 1983); Maine State Bar that they were “prepared with the assis- (Fraud, deceit, dishonesty, and conduct Ethics Opinion 89 (August 31, 1988); Los tance of counsel” without naming that prejudicial to the administration of Angeles County Bar Association Ethics counsel. See Amendment to the Rules justice). Attorneys openly representing Opinion 502 (November 4, 1999). How- Regulating the Florida Bar, 860 So. 2d parties often complain that it is unfair ever, absent a specific requirement that the 394 (Fla. 2003). that their pro se opponents are afforded attorney in some way disclose his or her New Hampshire requires pleadings accommodations by the court because of limited scope involvement, the question to contain a “conspicuous statement” their pro se status when they “know” that arises as to what duty, if any, the attorney that the pleading was prepared with the their opponents are actually receiving the has to correct a misrepresentation by the assistance of a New Hampshire attorney, assistance of counsel. client or misapprehension by the court but does not require the identification of The ABA issued Formal Opinion 07- of just how pro se the attorney’s limited the assisting lawyer. Rule 1.2(f)(2). 446 (May 5, 2007) which concluded that scope client is. Collateral considerations may also a lawyer may provide legal assistance to Other jurisdictions straddle this trip up the ghostwriting or unbundled litigants appearing before tribunals pro se fence; although it’s less than clear as to attorney. Even for limited scope represen- and help them prepare written submis- where the fence is. Tennessee permits tations, the attorney must be permitted sions without disclosing or insuring the undisclosed lawyer assistance to pro se to practice in the jurisdiction in which disclosure of the nature or the extent of litigants in the drafting of initial plead- the assistance was provided. The Iowa such assistance. However, as the Commit- ings, but prohibits an attorney from play- Supreme Court Board on Professional tee noted, state and local ethics commit- ing an “extensive,” but undisclosed role Ethics and Conduct issued a May 23, tees have reached divergent conclusions in the litigation. Formal Ethics Opinion 1995 opinion in which they found that on this topic and they continue to do so. 85-F-83 (1985) advised that “an attorney an Army legal officer admitted in Iowa, The soured economy has caused many in Tennessee may not engage in extensive but stationed in Georgia, could not pre- litigants to attempt to save on legal costs undisclosed participation in litigation pare pleadings for Army personnel to by unbundling their legal services. An- in behalf of a pro se litigant as doing so be used in courts in Georgia. (Opinion ecdotally, clients are hiring counsel to permits and enables the false appearance 94-35). draft their pleadings and shape their of being without substantial profes- Ghostwriting may also implicate an arguments while handling the trial sional assistance.” On the other hand, attorney’s duty not to bring frivolous work themselves. Rule 1.2(c) specifi- the Board found that there were valid lawsuits. A ghostwriter may face Rule cally permits a lawyer to limit the scope reasons to allow lawyers to give limited 11 sanctions as that Rule requires at- of the representation if the limitation is assistance to pro se litigants where doing torneys to sign pleadings for which they reasonable under the circumstances and so allows the pro se litigant to protect his are responsible. Courts can inquire as to the client gives informed consent. or her claim or matter from being barred the assistance provided to litigants and,

October 2010 • The Journal of The Delaware State Bar Association 12 once identified, the authoring attorney can be held accountable for the contents The Bar Association–Bar Foundation Seminar: of the pleadings. A Tradition in the Making For further reading, consider the following: The Ethics of Ghostwriting: he “Office and Trial Practice” a favorable outcome in the United States The American Bar Association’s Formal seminar co-sponsored by the Supreme Court, will be included in the Opinion 07-446 and its Effect on Ghost- Bar Association and the Dela- seminar materials. writing Practices in the American Legal Tware Bar Foundation is a tradition in the The afternoon session will include a Community, Lindsay E. Hogan, Vol. 21, making. This second annual seminar has panel led by Chief Justice Myron T. Steele No. 3; The Georgetown Journal of Legal received the enthusiastic support from the on the current developments of corporate Ethics (Summer 2003); Giving Up the Delaware Bar and is on its way to another law and a panel on litigation excellence Ghost: A Proposal for Dealing with At- successful event at the Chase Center on and ethics led by Justice Holland with ju- torney ‘Ghostwriting’ of Pro Se Litigants’ the Riverfront on Thursday, October 14, dicial members from all of the courts. The Court Documents Through Explicit Rules 2010. And, it is not too late to register morning session will include panels on Requiring Disclosure and Allowing Limited for the seminar and receive the 6.5 CLE ethical hot spots and trends and pitfalls of Appearances for Such Attorneys, Michael credits, including 2.8 credits in enhanced e-discovery and conclude with a panel on M. Loudenslager. 92 Marq. L. Rev. 103 ethics. client control discussing the roles of cli- (2008-2009); “Ethically Speaking:” In The upcoming seminar is again co- ent and attorney in the management and Too Deep, Parts I and II (In Re:, May and moderated by Supreme Court Justice direction of civil and criminal cases. June 2000). Randy J. Holland and Harvey Bernard Just in time for Halloween, “Ethically Rubenstein, Esquire, a past president Speaking” offers something else to scare of the Bar Association and Bar Foun- you. Boo! dation. The program this year features *“Ethically Speaking” is intended to stimulate Floyd Abrams, a leading expert on the awareness of ethical issues. It is not intended as legal First Amendment, whose article in the advice nor does it necessarily represent the opinion Yale Law Journal on Citizens United, a of the Delaware State Bar Association. Additional recent and celebrated case he argued to information about the author is available at www. delawgroup.com. **“Ethically Speaking” is available online. The people who columns of approximately the past two years are available on www.dsba.org. care Wayne Holden’s life has been guided by his father’s actions and words. “He treated everyone with respect, kindness and generosity and directed us to always leave a place a little better than you found it,” Wayne recalls.

Helping others and improving his hometown of Dover are his passions. Together with his wife, Betsy, Wayne is working to benefit organizations in need now through a donor- advised fund at the Delaware Community Foundation. They have also provided for a charitable fund at the DCF in their estate 3,500 plans. The Wayne and Betsy Holden Fund will enable their children to continue the family’s tradition of giving even after they’re gone. LAWYERS To learn how your clients can create a lasting legacy, please contact Mary Hopkins, JD, Vice President of Gift Planning at 302.504.5224 SEE THIS AD! or visit our website, www.delcf.org. For current advertising rates, contact Rebecca Baird at (302) 658-5279, ext. 113, or [email protected].

13 The Journal of The Delaware State Bar Association • October 2010 Pro Bono Spotlight By Susan Simmons, Pro Bono Coordinator

Celebrate Pro Bono Week: October 24-30, 2010

“To the world you may be one person, mitment to providing access to justice mitment throughout the year. Although but to one person you may be the world.” for those in need exemplified the spirit neither the American nor Delaware State – Anonymous of this celebration. Bar Association mandate pro bono, in The breakfast this year will feature 1995, the ABA passed a resolution urging he first annual National Pro a tribute to Chris White consisting of national, state, and local bar associations Bono Celebration in 2009 was to make the expansion of pro bono legal brief remarks and a short presentation an extraordinary success and services a critical priority and states in highlighting the vocation for which he Twill be observed this year from October ABA Model Rule 6.1 Voluntary Pro was uniquely suited. Please make your 24 through 30, 2010. “The Celebration Bono Publico Service: “Every lawyer has breakfast reservations early, as space may is a coordinated national effort to meet a professional responsibility to provide the ever-growing needs of this country’s be limited. legal services to those unable to pay. A most vulnerable citizens by encouraging Delaware Volunteer Legal Services lawyer should aspire to render at least and supporting local efforts to expand has planned events in conjunction with (50) hours of pro bono publico legal ser- the delivery of pro bono vices per year.” legal services, and by The Delaware Law- showcasing the great dif- “Christopher W. White, Esquire, gave voice to the voiceless as a lifelong advocate for yers’ Rules of Profes- ference that pro bono law- the poor, homeless, disabled, elderly, sional Conduct (effective yers make to the nation, troubled and down-trodden people of July 1, 2003) commented its system of justice, its Delaware. He devoted the past 18 years on the issue in its pre- communities and, most to Legal Aid’s mission of providing civil amble as, “A lawyer’s of all, to the clients they legal services to low-income people. responsibilities: A lawyer serve.” (The ABA Stand- Chris was a force in the community. He should be mindful of chaired and served on many boards and ing Committee on Pro deficiencies in the ad- Bono and Public Service). councils.” (Published 04/27/2010 in The News Journal) ministration of justice On the local level, we and of the fact that the carry on in our efforts to poor, and sometimes provide access to justice by recruiting Celebrate Pro Bono Week including a persons who are not poor, cannot afford more pro bono volunteers, and increas- 5K Walk/Run on Sunday, October 24, adequate legal assistance. Therefore, all ing legal services to poor and vulnerable 2010 and a CLE program. The Pro Bono lawyers should devote professional time people. We continue to marshal com- Celebration 5K Run/Walk will be held at and resources and use civic influence munity support for pro bono and foster Dravo Plaza at the Riverfront Wilming- to ensure equal access to our system of collaborative relationships. ton. Registration opens at 8:15 a.m. and justice for all those who because of eco- Recognizing the distinguished pro the race goes off at 9:00 a.m. The entry nomic or social barriers cannot afford or bono efforts of Delaware’s lawyers is fee entitles participants to the Delaware secure adequate legal counsel. A lawyer an important factor in the Celebration Pro Bono Celebration 5K long-sleeved should aid the legal profession in pursu- Week. Awardees, named from nomina- tee shirt. You may register online at ing these objectives and should help the tions received from the membership, www.dvls.org. bar regulate itself in the public interest.” will be honored at the annual Pro Bono A free Wills CLE will be offered on The DSBA will continue to make you Breakfast to be held this year on Tues- Thursday, October 28th from 9:00 a.m. aware of pro bono opportunities and we day, October 26, 2010 in the du Barry -11:00 a.m. at McCarter & English, wish to thank everyone for your award Room of the Hotel du Pont. LLP. Contact Tom McDonough, nominations and commitment to good [email protected], for more informa- The event has been renamed the work for the under-served. Christopher W. White Distinguished tion or to participate in this event. Why Pro Bono? Access to Justice Awards Breakfast. The While the observance of this Pro event will honor and remember Chris Bono Celebration is for one week, you • Pro bono allows your corporation White, a community leader whose com- are encouraged to make pro bono a com- or firm, and you as an individual, to

October 2010 • The Journal of The Delaware State Bar Association 14 make a positive contribution and ensure equal access for under-served populations. • You can utilize pro bono efforts as an excellent low-cost tool for training, To view the Edmund N. Carpenter II talent management, professional develop- Memorial as a streaming video, please ment, and mentoring. • Keeping valued (but perhaps un- visit the DSBA website page at: der-utilized) attorneys active, engaged and motivated is a top priority thatFebruary is 2009 • Volume 32, Number 7 cultivated by pro bono initiatives. http://media.dsba.org/videos/NedCarpenter/

• Opportunities exist in all three counties and can usually be set to ensure flexibility of schedule and time frame. • Pro bono is not just the right thing to do in the current climate; it is also the smart thing to do.

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15 The Journal of The Delaware State Bar Association • October 2010

Celebrate Pro Bono The Delaware State Bar Association cordially invites you to the Christopher W. White 2010 Distinguished Access to Justice Awards Breakfast Tuesday, October 26, 2010 8:00 a.m. The du Barry Room • Hotel du Pont, Wilmington

Tribute to Christopher W. White The event will honor and remember Christopher W. White, a community leader whose commitment to providing access to justice for those in need exemplified the spirit of this celebration.

Presentation of Pro Bono Celebration Week Proclamation Melanie L. George, Esquire Awards Presentation Leadership Award Commitment Award Achievement Award McCarter & English, LLP Suzanne I. Seubert, Esquire Andrew G. Golian, Esquire Suzanne I. Seubert, P.A. E. I. du Pont de Nemours and Company $30 Per Person • Please RSVP by October 21, 2010

2010 Distinguished Access to Justice Awards Breakfast • October 26, 2010 Please RSVP by October 21, 2010 Please include names and DE ID numbers of all attendees with response. Name: ______DE Bar ID No.: ______E-mail (required): ______Firm: ______Phone: ______Address: ______Check/Charge in the amount of $ ______enclosed. ($30 per person) Please make checks payable to DSBA. p MasterCard p Visa p Amex p Discover Expiration date: ______Card No.: ______

Signature: ______(Required if card purchase) Billing Zip Code: ______

Please return completed RSVP to DSBA: By fax to (302) 658-5212 or mail to 301 N. Market Street, Wilmington, DE 19801

October 2010 • The Journal of The Delaware State Bar Association 16 ThinkTwice Email Due Diligence

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October 2010 • The Journal of The Delaware State Bar Association 18 Mockingbird Revisited

By Harvey B. Rubenstein, Esquire, and Rebecca Baird

he attraction to Harper Lee’s which Gregory Peck as Atticus Finch invest in a text and allow themselves to Pulitzer Prize-winning book movingly addresses the jury. As we ex- genuinely explore the language, themes, To Kill A Mockingbird was re- pected, the House event was a resound- and characters. Page by page, Lee’s care- Tvived when I read that the classic novel ing success and a dramatic highlight of fully woven story spoke to us clearly in a was celebrating the 50th anniversary of the annual meeting. voice too candid and engaging to ignore its initial publication on July 11, 1960. I As an aside, the Alabama state del- in Scout Finch. have the original 1960 book, purchased egate was able to speak to the personal The novel has a universal draw, as some 50 years ago. assistant to Harper Lee, who is 84 and the seemingly simple prose and organi- The novel is the subject of a recent under a doctor’s care. Although she zation of the novel is unintimidating for compilation of reflections and trib- is considered a recluse, having sat for reluctant readers, and yet the nuance of utes in Scout, Atticus & Boo by Mary her last full interview in March 1964, diction and irony appeals to more pro- McDonagh Murphy. Murphy’s book, Harper Lee agreed to receive Alabama’s ficient readers. Even though the book which adds to the lore on Harper Lee’s state delegate at her home in Mon- was far from us in time and place, the novel, contains personal accounts by roeville, Alabama, for the purpose of moral questions posed felt fresh and contributing writers of when they first being presented with the signed ABA welcomed real discussions about life’s read the book and why it resonated with resolution, subject to these conditions: injustices, courage, and respect. them so profoundly. Harper Lee, who no more than 15 minutes, no other “Harper Lee’s main legacy lies in dropped her first name “Nelle” when person present, and no photographs. He Atticus Finch,” said my former col- the book was published, never produced also was told—perhaps seriously—that league and Teacher of the Year for the another novel. if the House failed to pass the resolu- Appoquinimink School District, Abby All of that led me to consider intro- tion, Harper Lee still appreciated the Shubert, “an unexpected hero that al- ducing a resolution in the ABA House effort that was made. lows us to experience and aspire to the of Delegates at its annual meeting in In 2006, British librarians were higher levels of moral development. early August in San Francisco. With the polled for the purpose of determining The book retains relevance because it immediate assistance of a member of the the one book that all adults should read achieves and maintains the ultimate House who was a former New York state before they die. The Bible was second. American literature trifecta: capturing delegate, we set the effort in motion. First was To Kill A Mockingbird. This our past, influencing our present, and question persists: What is it about the The state delegate from Alabama, inspiring our future.” novel that over the span of 50 years has the home state of Harper Lee, and the Perhaps this novel continues to fasci- fascinated so many readers? Rebecca Alabama State Bar agreed at once to nate us because it is about our collective Baird, who taught the subject in high act as sponsors. Both the Delaware and moral history and because justice per- school, offers this insight. New York state bars became sponsors, sists even in unexpected ways. Harper as well. - Harvey B. Rubenstein Lee illustrates all of this through the Given the time constraints, we knew * * * events in Maycomb County and in that it would be difficult to approach In my former career as an English characters that give us hope and inspire every one of the state bars to obtain teacher, I taught To Kill a Mockingbird us long after the last word is read. their formal sponsorship. We, there- for many years to many ninth grade stu- - Rebecca Baird fore, decided to invite all of the state dents. I never tired of reading this novel, delegates to be sponsors as individuals, a as I was able to experience it through more manageable task. When word got new eyes, again and again. out about the resolution, however, we To Kill a Mockingbird was one of had so many requests from even local the few books most of my students bars and individuals that we regretfully loved as much as I did. I knew it was had to limit the number of sponsors, a difficult for my students at that young testament to the continued power of age, in a classroom setting, and so far the book. away from Maycomb County to get The resolution was offered on the into Harper Lee’s narrative, but they floor of the House, and the delegates did. There is nothing more satisfying were shown a clip from the film in as a teacher than to witness students

19 The Journal of The Delaware State Bar Association • October 2010 DE-LAP Zone By Carol P. Waldhauser, Executive Director A Message from the Delaware Lawyers Assistance Program

Qualities that Are Adaptive in High Achieving Attorneys Could Also be Qualities that Predispose to Eating Disorders By Howard Miller, MD, and Lena Sheffield, M.S.Ed., CAP

Note: It is with pleasure that I introduce the signs that others can identify are gen- For people with Anorexia, the issues Dr. Miller and Lena Sheffield who are erally less direct, but quite recognizable. of control are paramount. Some person- DE-LAP’s guest columnists this month. People with Anorexia Nervosa have ality traits that are often associated with Howard Miller, M.D., is a member of a desperate need to restrict their calorie Anorexia Nervosa—determination, per- the American Medical Association, Texas intake. Consequently, they will go to sistence, orderliness, and thoroughness are Medical Association, American Psychiatric great lengths to avoid eating around other also the strengths needed to be successful Association, and Texas Society of Psychiatric people. Anorexics will often try to beg off in law school and be an excellent attorney. Physicians. Presently, Dr. Miller is special- from working dinners with colleagues or They strive for perfection; they have a izing in eating disorder patients at Santé client meetings over meals. This tends to strong desire for success but these traits can Center for Healing in Argyle, TX. Lena impede their career development, keep be detrimental if taken to excess. Research Sheffield, M.S.Ed. is a Certified Addic- them socially isolated, lonely, and in some has shown that people with Anorexia Ner- tion Professional in Florida with extensive settings that require this type of contact, vosa have low resiliency, are low risk takers experience in the eating disorder field. working below their potential. and avoid genuine closeness. They may react very aggressively or with sullenness – Carol P. Waldhauser, DE-LAP, People with Anorexia tend to obsess to constructive criticism or even a routine Executive Director about their body image which is generally performance review. distorted. They will often see themselves ating disorders (ED) are of- as fat, while they are wasting away to per- The ED symptoms can be activated ten associated with female ilously low weights. Along with this, they when they believe they failed and then adolescents, fashion models, will often exercise excessively, sometimes experience excessive guilt and shame. Eand Hollywood celebrities, but the several hours a day, even running with Their false sense of worth is shattered. legal industry is also impacted by this fractures and other injuries. Many times the behaviors were present dangerous disorder. Some of the quali- Their work efficiency and judgment during high school or college years and ties that are adaptive in high achieving may decline, sometimes precipitously, quiet down for years. The eating disorder attorneys, such as a desire for control, creating liabilities for their firm or agency. remains their stress response of choice. need to excel and achieve, a need for This happens because they become preoc- Childhood generalized anxiety is often praise or competitive advantage, and cupied with restricting food intake and associated with Anorexia. A child who is an obsessive drive to precision and evaluating their bodies rather than at- an overachiever, perfectionist, excessively perfection, could also be qualities that tending to work issues. Also, the lack of worried about academics, organization, predispose to Anorexia and Body Dys- adequate or balanced nutrition can cause and pleasing authority figures is often morphic Disorder. acute or even permanent brain damage not a cause for concern to parents and Anorexia Nervosa and Bulimia Ner- that impairs cognitive ability and judg- teachers in recent years. Rather, they are vosa are common behavioral psychologi- ment. Cardiac damage can also occur, praised and encouraged for their perfor- cal conditions. Consequently, they will making some a cardiac cripple, sometimes mance, and their underlying anxiety and also show up in law firms, corporate legal at quite a young age. insecurity may go unnoticed. departments, and government agencies, Although this disease is somewhat Anorexics gain so much pleasure and as well. Understanding a bit about these more common in women, Anorexia does self affirmation from proving that they conditions should help colleagues and occur in men, as well. A similar condi- have sufficient discipline and drive to mas- managers to identify and assist their tion called Body Dysmorphic Disorder is ter hunger and will their body into submis- workmates, as well as protect the smooth quite common in men who are obsessed sion that the behavior persists. However, functioning of the organization to which with body perfection, not thinness, and their fundamental sense of worthlessness they belong. focus obsessively on body building and means that they can never do enough to Since the vast majority of people with body sculpting, being driven by a need for feel a sense of accomplishment. eating disorders will attempt to conceal perfection that always seems out of reach Samuel Hill, M.Ed, LPC, Case Man- their actual disordered eating behaviors, to them. ager at Santé Center for Healing, adds

October 2010 • The Journal of The Delaware State Bar Association 20 that “female attorneys have the added imbalance. Common signs of excessive middle age is quite common in both pressure of fighting for partnerships, vomiting are chipmunk cheeks due to Anorexia and Bulimia. positions in firms and have to work inflamed salivary glands and the need The workplace of the afflicted indi- much harder than men to overcome the to have teeth capped since stomach acid vidual suffers due to impaired perfor- stereotype of the ‘Good Old Boy firm.’ erodes tooth enamel. mance, greater medical costs to the or- There is also the pressure that many Bulimics may be more willing to eat ganization, and risks to the work mission women attorneys have that most males around colleagues, but will rarely eat when important tasks are not completed do not, i.e., wife, mother, homemaker, excessively in front of them, saving this in a timely manner or critical judgments soccer mom, etc., and the necessity to behavior for private opportunities. Since are made incorrectly. These can be criti- control, organize, and look good doing the behavior is physically depleting and cal in trial, contract negotiations, client it becomes tremendous. This is the kind disruptive, excessive sick days may result. management, or business presentations. of pressure that young girls succumb to The Bulimic will often also feel a Early intervention and comprehen- every day, and end up with eating disor- sense of control and satisfaction in his sive treatment is most effective and may ders from trying to be whatever someone or her elaborate food ritual. Both the involve outpatient individual and group else wants, or thinks they should be. I binging and the release that follows it can psychotherapy, medical, and nutritional think that we call that internal pressure bring a real euphoric sense of pleasure. counseling. In more entrenched cases, with an external locus of control, which treatment at a residential treatment we all know is hopeless. This hopeless- There has been a rise in “healthy” center with 24-hour supervision and ness necessitates that these women work eating in recent years which can also be therapeutic guidance may be warranted. harder, longer, and more efficiently just taken to extreme. The term “orthorexia” to remain on the playing field with the is used to describe this form of disor- Resources: men.” dered eating. There is a huge industry Delaware Lawyers Assistance Program (DE- catering to people obsessed with the LAP) www.de-lap.org Another condition, Bulimia Nervosa, drive to be thin or muscular. There has Santé Center for Healing offers treatment is characterized by a lack of control, or been a proliferation of products avail- and rehabilitation for those suffering from drug more often, a battle for control that fails. abuse and addiction, eating disorders and behav- able at grocery stores, gyms, mail order Bulimics have a pattern of binging on ioral health issues. They have earned a national and the internet, which have not been large amounts of food, invariably done reputation for treating professionals since opening regulated by the FDA, with promises to in 1996. www.santecenter.com 1-800-258-4250. alone and in secret, sometimes at the end transform someone, almost magically. of a long day, or even many times a day. National Eating Disorder Awareness: www. nationaleatingdisorders.org This is frequently followed by behavior It is difficult for those without these conditions to understand both the des- International Association of Eating Disorders professionals refer to as purging, most Professionals: www.iaedp.com commonly involving induced vomiting peration and intense satisfaction that of the excessive quantities of food con- drives and sustains these disordered sumed, often several thousand calories in behaviors. a short time. Bulimics may be overweight These troubled individuals are dan- or normal weight. Their distress over gerous to themselves. These conditions their eating behavior and disruption of have an extremely high mortality rate basic self care leads to physical depletion. with a high cost for treatment of medical The repeated vomiting that is most com- complications over a long period before mon in this condition leads to medical reaching a terminal stage. Permanent crises including death from electrolyte crippling from osteoporosis in late Getting help doesn’t sabotage your career...... but not getting help can.

The Delaware Lawyers Assistance Program (DE-LAP) was created to confidentially help Judges and Lawyers with substance abuse/dependence and/or mental and physical health problems. Carol P. Waldhauser, Executive Director Direct: (302) 777-012, Toll-Free: 1-877-24DE-LAP, or the Emergency Toll-Free Hotline: 1-877-652-2267 e-mail: [email protected] website: www.de-lap.org

21 The Journal of The Delaware State Bar Association • October 2010 Delaware Supreme Court, Delaware State Bar Association and American Judicature Society to Co-Sponsor November 12th “Celebration of Judicial Merit Selection in Delaware”

By William D. Johnston, Esquire he evening of Friday, November Four, entitled “Preservation of Delaware’s provision). For a state-by-state breakdown, 12th, will provide an enjoy- independent judiciary and continuation of see www.judicialselection.us. able opportunity for Delaware the judicial nominating commission,” can United States Senators in close to Tjudges, lawyers, and non-lawyers to gather be found at http://governor.delaware.gov/.) twenty states voluntarily have established in celebration of judicial selection in our The Judicial Nominating Commission federal nominating commissions in con- State. is a bipartisan and in other ways diverse nection with recruiting and recommend- In particular, on that date, the Dela- group of lawyers and non-lawyers from ing candidates for federal district court and ware Supreme Court, the Delaware State throughout the State. The Commission federal circuit court judgeships. Delaware’s Bar Association, and the American Judica- confers with the DSBA Judicial Appoint- Senators do not currently utilize such a ture Society will co-sponsor a “Celebration ments Committee in presenting judicial commission. See www.judicialselection.us. of Judicial Merit Selection in Delaware.” applicants to the Governor for consid- In states where judges are elected— The event will take place at the DuPont eration. The State Constitution requires either initially or after an initial appoint- Country Club in Rockland, Delaware. that the Delaware judiciary reflect political ment, myriad issues confront the judicial A 6:00 p.m. reception will be followed balance—within each court and overall. candidate or already-sitting judicial officer. by dinner at 7:00 p.m. Former Governor An individual nominated by the Governor How will campaign funds be raised? By Pierre S. “Pete” du Pont, IV will be the is then considered by the State Senate for whom, and from whom? What, if any, evening’s keynote speaker. The American confirmation. Upon confirmation, the recusal obligations are triggered by con- Judicature Society will recognize the individual is appointed by the Governor tributions? What is the permissible scope Office of the Governor of the State of to the Delaware Bench for a twelve-year of “campaign speech”? Delaware, the Delaware State Senate, and term, subject to reappointment. And, what is the impact on public the Delaware State Bar Association. At the As observed in The Delaware Constitu- trust and confidence in the judicial sys- same time, AJS will recognize individu- tem, when judges who are expected to be ally former Governors David P. Buckson, tion of 1897 – The First 100 Years (1997): “Under the Constitution of 1831, judges apolitical in their decision-making on the Russell W. Peterson, Pierre S. “Pete” du bench are compelled to be political actors Pont, IV, Michael N. Castle, Dale E. Wolf, had been appointed by the governor for life, without the need for senatorial con- in seeking a judicial position in the first Thomas R. Carper, and Ruth Ann Min- place or in seeking to retain that position? ner, as well as Governor Jack A. Markell, firmation. By 1887, twenty-six states had a Finally, how can a system of justice Lieutenant Governor Matthew P. Denn, popularly elected judiciary, in seven states not be eroded by efforts such as the ongo- former Senate President Pro Tempore Rich- judges were appointed by the governor ing effort in Iowa to unseat three Iowa ard S. Cordrey, and Senate President Pro with legislative confirmation, and in four Supreme Court justices (to defeat them in Tempore Anthony J. DeLuca. states they were elected by the legislature alone. Only in Delaware were judges ap- the upcoming retention elections) solely on Delaware has benefitted from an ap- pointed by the governor without legislative the basis of disagreement with the outcome pointive system of judicial selection since participation.” in a particular case? at least 1776. In 1977, then-Governor du It is no coincidence that Delaware’s Delaware’s judicial selection process, Pont, with the assistance of the American court system, depending importantly upon grounded in the Delaware Constitution Judicature Society, and working with the State’s highly developed, judicial merit of 1897 and the Governors’ respective then-Chief Justice Daniel L. Herrmann selection process, time and again has been and the late Edmund N. “Ned” Carpen- executive orders, stands in contrast to the ranked the best in the nation in surveys ter, II (president of AJS from 1981-83), selection and retention process pursued taken by the U.S. Chamber of Commerce. established by executive order Delaware’s in many other states. Thirty-three states A cause for celebration on November 12th! first Judicial Nominating Commission. and the District of Columbia now utilize For reservations, please contact the Bar The Commission was fully implemented nonpartisan merit selection in choosing all, Association at (302) 658-5279. in 1978. Each Governor since Governor or a part, of their judiciary. All of those ju- du Pont voluntarily has kept a Judicial risdictions have judicial nominating com- Bill Johnston is a partner in Young Nominating Commission in place, with missions, and Delaware is one of only six Conaway Stargatt & Taylor, LLP. He is Governor Markell having expanded the states that has such a commission in place a past president of the DSBA and is cur- Commission from nine to eleven mem- by executive order of the Governor (rather rently serving as president of the American bers. (Governor Markell’s Executive Order than by a state constitutional or statutory Judicature Society.

October 2010 • The Journal of The Delaware State Bar Association 22 The Delaware Supreme Court The American Judicature Society The Delaware State Bar Association

Cordially Invite You to a Memorable Evening for a

f Keynote Speaker Celebration o Judicial Merit Selection in Delaware Former Governor Pierre S. “Pete” du Pont, IV Friday, November 12, 2010 DuPont Country Club Rockland, Delaware Reception - 6:00 p.m. • Dinner - 7:00 p.m.

gf The American Judicature Society Will Recognize The Office of the Governor of the State of Delaware The Delaware State Senate The Delaware State Bar Association

The American Judicature Society Will Recognize Individually Former Governors David P. Buckson, Russell W. Peterson, Pierre S. “Pete” du Pont, IV, Michael N. Castle, Dale E. Wolf, Thomas R. Carper, and Ruth Ann Minner Governor Jack A. Markell, Lieutenant Governor Matthew P. Denn Former Senate President Pro Tempore Richard S. Cordrey and Senate President Pro Tempore Anthony J. DeLuca

American Judicature Society Reception and Dinner Friday, November 12, 2010 • Please return by November 5, 2010 Please reserve ______place(s) for me at the Friday, November 12, 2010 American Judicature Society Reception and Dinner. Please include names and DE ID numbers of all attendees with response.

Name: ______DE Bar ID No.:______E-mail (required): ______Firm:______Phone:______Address: ______Check/Charge in the amount of $______enclosed. ($110 per person) Please make checks payable to DSBA. p MasterCard p VISA p Amex p Discover Expiration date:______Card number:______

Signature:______(Required if card purchase) Billing Zip Code:______Please FAX (302) 658-5212 or mail by November 5, 2010 to: Delaware State Bar Association, 301 North Market Street, Wilmington, DE 19801

23 The Journal of The Delaware State Bar Association • October 2010 AJS Insurance Insight

By Aaron W. Mitchell

Tax Credits for Small Firms Providing Health Insurance

he newly enacted healthcare 1. Pay for at least 50% of the “Em- We recognize that many firms will reform will have a financial ployee Only” monthly premium for its have a headcount or average salary impact on firms of all size. employees; that makes them ineligible for the TThe primary initiatives of the Patient credit. Ultimately, we hope to see 2. Have the equivalent of less than Protection and Affordable Care Act are 25 full-time employees; and some level of tax credits extended to to make health insurance more available all employers providing group health 3. Pay an average annual wage that insurance. While it may seem to favor and more affordable to most Americans. is less than $50,000 per employee. So far, the legislation companies with certain has not lowered group demographics, the leg- islation may actually insurance premiums for level the playing field, many firms. However, encouraging more em- small firms may be the ployers to offer health first to see a financial insurance. benefit. L a rge f irms a nd Perhaps the most companies often have publicized part of the lower premiums be- legislation is the re- cause the risk is spread quirement of any com- out over more lives. pany with at least 50 Smaller companies of- full-time employees to ten have higher rates offer health insurance per employee and have coverage. Beginning in seen muc h g re ater 2014, companies with volatility in their an- at least 50 full-time em- nual insurance renew- ployees will incur a pen- als. Small groups in alty if they do not offer Delaware have rou- a minimum standard of tinely received annual health insurance. The premium increases of law hopes to prevent companies from The percentage of premiums given as 15 – 20%, or higher. Rather than pe- dropping their group health coverage, a tax credit is maximized for firms with nalize small employers for not offering adding to the uninsured population in average salaries below $25,000. Firms coverage, the legislation uses the carrot the United States. with larger average salaries are gradually of a tax credit to qualifying companies One of the less publicized parts of phased out until the average salary ex- to entice small employers to maintain the legislation is a potential tax credit ceeds $50,000. Owners and their family or begin offering health insurance. to many small firms and companies members do not count towards the calcu- Through Willis, DSBIS has a cost who provide health coverage. Firms lation of the average salary, nor are their estimation calculator to help small who meet all of the requirements will premiums included in the “Tax Credit.” businesses determine their eligibility be eligible for a tax credit on their 2010 While the above guidelines come directly and calculate a potential tax credit. return of up to 35% of the health insur- from the IRS, we recommend firms con- An example of the calculator is shown. ance premiums paid. To qualify, a firm tact their tax professional to confirm their For a review of your health insurance must meet the following: eligibility for the tax credit. program, or a customized report of the

October 2010 • The Journal of The Delaware State Bar Association 24 new tax credit for your firm, please contact a DSBIS representative.

This is one in a series of periodic articles by Delaware State Bar Insur- THE LAW OFFICE OF ance Services, Inc. (DSBIS) providing information about insurance products DOROSHOW, PASQUALE, KRAWITZ & BHAYA that may be useful to law firm leaders. DSBIS is a wholly owned insurance IS PROUD TO ANNOUNCE THAT brokerage subsidiary of the Delaware State Bar Association. DSBIS serves all HENRY C. DAVIS insurance needs for attorneys, their firms, their families, and their clients. DSBIS HAS JOINED THE FIRM AND WILL PRACTICE IN was formed by Delaware attorneys for THE AREA OF CLAIMANT’S WORKERS COMPENSATION Delaware attorneys. Aaron Mitchell is DSBIS’ lead mar- keting representative, coordinating all 28535 DUPONT BOULEVARD lines of insurance. He specializes in group SUITE #2 benefits and life insurance. Contact Aaron MILLSBORO, DE 19966 at (302) 397-0170. Phone: 302-934-9400 Fax: 302–934-8400

25 The Journal of The Delaware State Bar Association • October 2010 Book Review

Reviewed by Richard A. Forsten, Esquire

Dead or Alive?: The Living Constitution By David A. Strauss (Oxford Univ. Press, 2010)

upreme Court Justice Antonin the “necessary and proper” clause. Strauss in the courts, and few thought that it could Scalia has famously remarked cites to this as an early example of a “liv- be, despite the constitutional guarantee of that he prefers his Constitution ing” Constitution, while originalists such Equal Protection of the Laws; that provision S“dead”—meaning that the words and as Justice Scalia (or, as he characterizes did not, when it was adopted, and hence did phrases of the Constitution are themselves himself, a textualist, because he relies on not in 1920, guarantee equal access to the of fixed meaning and are to be interpreted the meaning of the text as would have been ballot, but permitted distinctions on the and understood as they would have been commonly understood by the drafters) also basis not only of age, but of property and understood at the time of adoption. Put find the McCulloch decision consistent with of sex. Who can doubt that if the issue had another way, according to Scalia, the mean- a “dead” Constitution. been deferred until today, the Constitution ing of the Constitution does not change Other examples abound where advances would be (formally) unamended, and the over time. in technology have led to the need for the courts would be the chosen instrumentality Not so for professor David A. Strauss. Constitution to be applied in situations of change? The American people have been His is a “living” Constitution, or as he puts which the founders could not have consid- converted to belief in The Living Constitu- it, “one that evolves, changes over time, and ered; yet again, there seems to be little or no tion, a ‘morphing’ document that means, adopts to new circumstances, without being disagreement between the various theorists. from age to age, what it ought to mean. And formally amended.” In The Living Consti- Telephone conversations are now protected. with that conversion has inevitably come tution, Strauss sets forth his arguments in More recently, in Kyllo v. United States, in the new phenomenon of selecting and con- favor of a living Constitution while attack- an opinion by Justice Scalia, the Court held firming federal judges, at all levels, on the ing the arguments of those who prefer their that the use of thermal imaging equipment basis of their views regarding a whole series Constitution dead. As is often the case with aimed at residences (in an effort to locate of proposals for constitutional evolution. If books advocating one side or the other of a heat lamps used to grow marijuana) would the courts are free to write the Constitution legal question, though, Strauss’s effort has also constitute a search and be protected anew, they will, by God, write it the way a tendency to attack opponents’ weakest under the Fourth Amendment. Again, the the majority wants; the appointment and arguments, while ignoring stronger ones, application of constitutional language and confirmation process will see to that. This, and fails to anticipate (or adequately defend) protections to new technology and new of course, is the end of the Bill of Rights, arguments in opposition. At the end of the situations does not seem to be an area of whose meaning will be committed to the day, too, one cannot help but wonder if disagreement. But, can this properly be very body it was meant to protect against: there isn’t some common ground between characterized as an example of a “living” the majority. By trying to make the Con- “living” and “dead” constitutionalists, even Constitution? The mere application of es- stitution do everything that needs doing while there is also much disagreement. tablished constitutional protections to new from age to age, we shall have caused it to technology does not necessarily indicate do nothing at all.” The great Chief Justice, John Marshall, that the meaning of the Constitution has famously wrote that “we must never forget Strauss’s book spends time pointing out “changed” over time, as is usually thought that it is a Constitution we are expounding” some of the difficulties associated with a to be the case with a “living” Constitution. and that the Constitution is “intended to textualist or “dead” approach. Sometimes, endure for ages to come, and consequently, In his book A Matter of Interpretation, the Constitution is silent. Sometimes, the to be adapted to the various crises of hu- Justice Scalia summed up the problem meaning cannot be determined or is am- man affairs.” In McCulloch v. Maryland, this way: biguous. And, the country is today vastly the Supreme Court upheld the Second “Seventy-five years ago, we believed different than it was 200 years ago. But, of Bank of the United States as constitutional. firmly enough in a rock-solid, unchanging course, there are difficulties with any ap- Although the power to charter a bank was Constitution that we felt it necessary to proach, including a “living” Constitution. not explicitly granted in the Constitution, adopt the Nineteenth Amendment to give Ultimately, Strauss is arguing less for it was held that such power flowed from women the vote. The battle was not fought a “living” Constitution where meaning

October 2010 • The Journal of The Delaware State Bar Association 26 changes over time than a “common law” Constitution, where the people and the Disciplinary Actions courts, over time, build up a body of case law and understandings as to what the SUPREME COURT SUSPENDS The Court of Chancery has ap- Constitution means. Certainly some Con- ATTORNEY pointed Nicholas H. Rodriguez, stitutional protections have grown up as a IN RE STEVEN L. NOWAK, Esquire as the receiver for Nowak’s result of Supreme Court decision making in ESQUIRE, NO. 496, 2010 (SEP- law practice. Nowak was repre- the “common law” sense. First Amendment sented by Charles Slanina, Esquire, protections, for example, have grown as the TEMBER 22, 2010). (302) 234-1605. Court has decided more and more cases. On September 22, 2010, the That the protections have grown, though, Delaware Supreme Court ordered does not necessarily lead to the conclusion that Steven L. Nowak be suspended that the meaning of the Constitution has from the practice of law in Delaware changed or evolved. Rather, it means that for one year for violations of the unaddressed cases and situations have now Delaware Lawyers’ Rules of Profes- been addressed. Presumably the Court sional Conduct. The Court approved Please make sure your is still applying the same Constitutional the findings made by the Board principles. dues have been paid on Professional Responsibility that In the end, Strauss concludes: Nowak failed to: (1) safeguard client for the new fiscal year “Many people resist the idea of a living funds, (2) properly maintain the law to continue to receive constitution because they think the living practice’s books and records; and (3) Constitution means ‘anything goes’—that supervise nonlawyer staff. Nowak had future issues of The talk of a living constitution is an invitation previously been placed on disability to the people in power to do what they inactive status by the Court on Octo- Journal of the Delaware want. But there is no need to see the liv- ber 20, 2009. The one year suspension State Bar Association. ing Constitution in that way. The living is retroactive to October 20, 2009. Constitution can, instead, be based on an important set of virtues: intellectual humility, a sense of the complexity of the problems faced by our society, a respect for ______the accumulated wisdom of the past, and a willingness to rethink when necessary and YOUNG & McNELIS when consistent with those virtues.”

The Living Constitution suffers be- IS PLEASED TO ANNOUNCE THAT cause, ultimately, one is reading a short book which, while thought-provoking at times, nevertheless feels incomplete. It RENETA L. GREEN does a poor job of addressing the counter- arguments and, at times, is quite cursory HAS JOINED THE FIRM AS AN ASSOCIATE in its own arguments. Ideally, it should be read in conjunction with Justice Scalia’s own work, A Matter of Interpretation, RENETA HAS JUST COMPLETED A DELAWARE CLERKSHIP which remains a much better introduc- SERVING THE HONORABLE ROBERT B. YOUNG. SHE IS A tion and analysis of the “living” versus GRADUATE OF WILLIAM AND MARY LAW SCHOOL AND “dead” debate. Not only is Justice Scalia’s COLLEGE. RENETA IS A NATIVE OF MILFORD, DELAWARE. book more comprehensive, but it includes ______chapters written by others (Gordon Wood, Laurence Tribe, Mary Ann Glendon, and 300 S. STATE STREET Ronald Dworkin) who take issue with P.O. BOX 1191 DOVER, DELAWARE 19903 the Justice, thus providing a balance and (302) 674‐8822 / (302) 674‐8251 (FAX) debate not present in The Living Consti- tution. Regardless of whether one prefers their Constitution “dead” or “alive,” how- ever, the debate will likely continue.

27 The Journal of The Delaware State Bar Association • October 2010 Bulletin Board OFFICE SPACE AVAILABLE: Wilm- FULLY FURNISHED PROFESSION- POSITIONS AVAILABLE ington, DE 19806. Looking for a AL OFFICE: Enjoy complete package ASSOCIATE: Prominent national law co-tenant. One block off of Lovering of office space, technology, service and sup- firm is seeking an Associate for their Avenue, near Trolley Square. Approxi- port. Call today for tour: (302) 884-6746. Wilmington office. Applicants must have mately $1,100.00 a month, utilities Mention ad – first month free! 4-6 years of experience in Commercial included. 2 offices available, plus sec- DOWNTOWN WILMINGTON: Litigation, Bankruptcy Litigation or retarial area; FREE PARKING!; Con- Appr. 2000 sq. ft. office space on 2nd Corporate Litigation under Delaware’s ference room and waiting area already floor in an elevator building. 2 blocks General Corporation Law. Admission furnished; Phones available. Please call from court houses. Parking available on to the Delaware bar is required. Please (302) 777-1000, if interested. premises. Call (302) 656-5445. send cover letter, law school transcript VIRTUAL OFFICE PLUS: Just $250/ along with resume and writing sample to month includes mail forwarding, tele- DSBA, Box 0910, 301 N. Market Street, phone reception, and 40 hours confer- Wilmington, DE 19801. All inquiries are ence room usage. One Commerce Center FOR SALE strictly confidential. Building—accessible, professional, afford- “WITH MALICE TOWARD ONE.” able. www.STATOfficeSolutions.com. LITIGATION ATTORNEY: Mid- A true story of politics, prostitution size Wilmington Litigation law OFFICE SPACE AVAILABLE: Lease or and a Pulitzer Prize in Nevada. The firm seeks attorney with 0-5 years Sale 700 sq ft sublet on 3rd floor and 2200 story that led to reforming Nevada’s experience. Excellent benefits. Please sq ft on 2nd floor (subdividable). Located antiquated Grand Jury Reporting. The send confidential resume, law school at 1225 N King St., Wilm, DE. Building sale price for each book, signed by the transcript, writing sample and ref- is the home of several atty’s, title com- author, is $25.00; which includes sales erences to: Casarino Christman panies, private investigator & architects. tax, packaging and priority mail. Allow Shalk Ransom & Doss, P.A., P.O. Call (302) 984-0815. two weeks for delivery. Send check or Box 1276, Wilmington, DE 19899, OFFICE SPACE AVAILABLE: Of- money order to: IERI Books, Inc. LLC Attn: Cindy Golebiewski. fice sublet available on the third floor PO Box 911, Reno, NV 89504. ATTORNEY: Georgetown general civil of the Conectiv Building, 800 N. King practice firm seeks associates with 2 St. in Wilmington with Donald Gouge to 5 years experience in civil litigation and John Deckers. Space consists of LOST WILL one windowed lawyer’s office and and trusts and estate planning. Send MISSING WILL : Attempting to one assistant/paralegal office. It also confidential resume and writing sample locate a will for Gary Blose, Gary L. includes a file/copy room. Services in- to Dennis L. Schrader, Esq., Wilson, Blose, Gary C. Blose or Gary L.C. Blose clude copier, conference room, runner Halbrook & Bayard, P.A., P.O. Box of Delaware. Last known addresses were etc. Space available January 1, 2011. 690 Georgetown, DE 19947 or to Lincoln, DE; Nassau, DE; and Broad- For more information, please contact [email protected]. kill, DE. Please contact Harry Blose @ Linda Martin at (302) 658-1800 or (717) 877-2303. [email protected]. OFFICE SPACE NEW CASTLE: Office space sublet in Corporate Commons. Space consists of windowed office, non-windowed office and secretarial stations. Includes the use of conference rooms, kitchen, file/copy room. Receptionist services available. Free parking. Contact Terri (302) 325-2892 or [email protected]. SHARED LAW OFFICE SPACE: Share first floor law office suite at 1701 Shallcross Avenue near Trolley Square. Contact John Osborn (302) 622-3507 [email protected].

October 2010 • The Journal of The Delaware State Bar Association 28 Is there a major milestone in your future, or the future of your law firm?

An anniversary, a memorial or a celebration?

Consider a tax deductible gift to the Delaware Bar Foundation Endowment Fund, a gift that will continue to give to those most in need.

Jacqueline Paradee Mette Executive Director Phone: (302) 658-0773



HIRING A    PARALEGAL?  Log on to  www.deparalegals.org   For more information about posting jobs on  DPA’s website,  contact the  Job Bank Director,  Sharyn C. Hallman, DCP, at (302) 984-3882.

     



29 The Journal of The Delaware State Bar Association • October 2010 The Judicial Palate By Ciro C. Poppiti III, Esquire

Guilty Pleasures

ctober is a wonderful month F. Jeff Taschner of the Delaware State home-cooked, big Italian family meal. for all sorts of goodies, from Education Association An antique toy train, with pictures of football tailgates to trick-or- G. Beverly Wik of the Old Capital the grandkids on the boxcars, circles the Otreats, from the Apple Scrapple Festival elevated track above the dining room, and Law Firm in Bridgeville (October 8 and 9) to the autographed photos and interesting mem- H. None of the Above Vendemmia da Vinci Wine Festival on orabilia of famous (and not so famous) the Wilmington Riverfront (October 10). RESPONSE: Nicola patrons adorn the walls. The place All of the goodies dancing in my head is full of laughter and Italian hospitality. 1. A double Deerhead hot dog with got me thinking about guilty pleasures. My favorite is the “Nic-o-boli,” Nick’s fa- everything comes to mind for the very mous baked masterpiece. It is best stuffed On Fridays, I try to sneak out of the reasons you cite regarding your affinity for with “everything”—ground beef, blend office at lunch to walk along the water Helen’s sausage-and-egg sandwiches. The of cheeses, mushrooms, onions, peppers, at Battery Park in Historic New Castle. Deerhead double tastes good, lets you get pepperoni, olives and spinach. I get an- Then, I stop by the Farmer’s Market for a hands dirty and makes all your troubles chovies and Joan’s homemade “Sugo red slice of Sal’s deep-dish pizza pie, comprised go away, but it is hard to find anything gravy” on the side. Nick created it as a low of just tomato sauce and dough. With positive about its nutritional value. Not fat (he uses fat-free dough and drains the every heavenly bite, the problems of the sure if it shortens my life span by fourteen cooked ground beef) high-protein meal week seem to dissipate. minutes, but pretty certain that it knocks for the Rehoboth lifeguards, so I do not somewhere between seven and ten minutes If I’m heading downstate in the early feel much “guilt” at all having one! morning, I’ll treat myself to a sausage-and- off my life clock. 5. I am vegan for the most part. The egg sandwich from Helen’s Sausage House 2. There is no better guilty pleasure places I like to go are: Home Grown Café in Smyrna. I realize that every time I eat than a Kitchen Sink at Charcoal Pit: (in Newark) for their weekend brunch, Jes- one of Helen’s sandwiches, I am taking Twenty scoops (!) of vanilla, chocolate, and sop’s Tavern (Historic New Castle) for their fourteen minutes off of my life, but it is strawberry ice cream, loaded with banana sweet potato fries, or Brew Ha Ha for a soy so worth it. spears, chocolate syrup, crushed pineapple, Milky Way latte. For my non-vegan friends, I asked fellow members of the Bar cherries, wet walnuts, and whipped cream. I always pick up cupcakes from Sweet-N- if they had a favorite Delaware eatery/ It is the easiest way to simultaneously put Sassy (Newark). They are amazing! Delaware dish that they consider a guilty a smile on my whole family. pleasure. 3. For me, it’s a no-brainer: Madeline’s 6. The lobster roll at Harry’s Seafood (homemade chips on the side for good For fun, see if you can match up the Italian Restaurant in Wilmington: Appe- measure). In the interest of full disclosure, attorney with his or her response. The an- tizer—smelts; entrée—gnocchi with red Harry’s is a client of mine. Nevertheless, swers are listed at the bottom of the page. sauce; wine – sangiovese or montepulciano; in my humble but not totally unbiased ATTORNEYS: dessert – tiramisu or cannoli with espresso. Not necessarily a guilty pleasure in the true opinion, hands-down, it is among the top A. Elio Battista, Deputy Attorney sense, but as close to Mom’s and Nonna’s guilty pleasures in the state. General, Delaware cooking as I can get. 7. The Fat Reuben at Arena’s (Sussex B. Rick DiLiberto of Young Conway 4. Our family enjoys dining at Nicola County) on Thursday nights after our Stargatt & Taylor Pizza when we are in Rehoboth Beach. group bike ride. Know I shouldn’t do it, but C. Eric Howard of Wilson Halbrook Owners Nick and Joan Caggiano, children man it’s good (and only $5 on Thursdays). & Bayard Nick, Jr. and Camille, and niece Kelly 8. My favorite place for “real Delaware” D. Harshal Purohit-Patel of the New have a family-run business that gives you is Sambo’s (Leipsic). We take out of town Castle County Law Department the authentic “Sunday feel” of a joyous, folks there and they always love it.

E. Wendie Stabler of Saul Ewing 2 – H 8; – G 1; – F 6; – E 5; – D 7; – C 4; – B 3; – A Answers:

October 2010 • The Journal of The Delaware State Bar Association 30 31 The Journal of The Delaware State Bar Association • October 2010

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