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Celebrate Pro Bono Week: October 24-30, 2010

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Celebrate Pro Bono Week: October 24-30, 2010 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.
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