December 2013 | Volume 37 • Number 5

Notice of the Nominating Committee P. 2 Randy J. Holland Delaware Workers’ Compensation American Inn of Court P. 20 2014 Legal Directory Order Form P. 35 Get Involved in DSBA Leadership!

The Delaware State Bar Association is looking for a number of talented members to join the 2014-2015 Executive Committee and lead DSBA to continued success.

The following positions on the Executive Committee of the Association must be filled for the year 2014-2015: Vice President-at-Large; Vice President, New Castle County; Secretary; Assistant Secretary; Treasurer; Assistant Treasurer; Six Members-at-Large Note: The Vice President, Kent County and the Vice President, Sussex County will be those persons selected by, respectively, the Kent County Bar Association and the Sussex County Bar Association.

The following position must be filled for terms as noted: One (1) DSBA Representative to the Delaware Bar Foundation Board for a four-year term

The Nominating Committee wants to consider all interested candidates. If you are interested in serving on the Executive Committee or would like to recommend a candidate, please send your name or the candidate’s name along with a CV and at least one letter of nomination to Rina Marks, Executive Director, by e-mail at: [email protected] or by mail at: Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE 19801 by February 14, 2014.

WE NEED YOUR HELP TO FIND STRONG LEADERS FOR THE FUTURE!

The Nominating Committee consists of: James G. McGiffin Jr., Chair Theresa V. Brown-Edwards, Vice-Chair

New Castle County Shakuntla L. Bhaya (2014) Tabatha L. Castro (2015) Sanjay Bhatnagar (2016) Matthew F. Boyer (2014) Tara D. Elliott (2015) Erika R. Caesar (2016) Jennifer Gimler Brady (2014) Danielle Gibbs (2015) Kiadii S. Harmon (2016) Teresa Ann Cheek (2014) Lisa B. Goodman (2015) Natalie J. Haskins (2016) Gerald J. Hager (2014) Tarik J. Haskins (2015) Rakesh H. Mehta (2016) Tiffany A. Poole (2014) Rakesh H. Mehta (2015) Sharon Oras Morgan (2016) Adam Singer (2014) Edward P. Welch (2015) Jordan J. Perry (2016) Monté Terrell Squire (2014) Kent County Sussex County Bradley S. Eaby (2014) David N. Rutt (2014) Gretchen C. Gilchrist (2015) Kim DeBonte (2015) David J. Bever (2016) James Patrick Sharp (2016)

Delaware State Bar Association 405 N. King Street, Suite 100 Wilmington, Delaware 19801 (302) 658-5279 DSBA Bar Journal December 2013 | Volume 37 • Number 5

President Gregory Brian Williams

Executive Director Rina Marks

Editorial Board David W. deBruin Michael L. Sensor Seth L. Thompson Features Executive Committee Liaison Richard A. Forsten 2 notice of the Nominating Committee

Publications Editor Rebecca Baird 14 Health Insurance: Give the Gift of Choice By Aaron W. Mitchell, REBC Publications Assistants Janice Myrick Susan Simmons 19 introducing the Delaware Legislative Drafting Manual By Mark J. Cutrona, Esquire, Deputy Director, Division of Research The Bar Journal is published and distributed and Richard T. Dillard, Esquire, Senate Attorney by the Delaware State Bar Association

405 North King Street, Suite 100 20 Inaugural Meeting of the Randy J. Holland Delaware Workers’ Wilmington, DE 19801 compensation American Inn of Court 302-658-5279 FAX: 302-658-5212 By H. Garrett Baker, Esquire www.dsba.org 22 inaugural Dr. Martin Luther King, Jr., Breakfast and Statewide Day of Service © Copyright 2013 by the Delaware State information and Sponsorship Information Bar Association. All Rights Reserved.

The Bar Journal is the independent journal 29 and the Miracle Continues of the Delaware State Bar Association. It is a forum for the free expression of ideas By Richard K. Herrmann, Esquire on the law, the legal profession and the administration of justice. It may publish articles representing unpopular and controversial points of view. Publishing and editorial decisions are based on the CoLUMNS quality of writing, the timeliness of the article, and the potential interest to readers, and all articles are subject to limitations of 4 President's Corner good taste. In every instance, the views expressed are those of the authors, and 6 Editor’s Perspective no endorsement of those views should be 10 tips on Technology inferred, unless specifically identified as the policy of the Delaware State Bar Association. 12 ethically Speaking The Bar Journal published monthly with a 18 access to Justice Spotlight combined July/August issue. 24 de-LAP Zone All correspondence regarding circulation, subscriptions, or editorial matters should be 26 Book Review A Profile in Balance mailed to: 28 Editor, DSBA Bar Journal Delaware State Bar Association 34 Judicial Palate 405 North King Street, Suite 100 Wilmington, DE 19801 or e-mailed to: [email protected] All inquiries regarding advertising should be directed to the address above, Attention: Departments Advertising, Bar Journal.

Letters to the Editor should pertain to recent 8 calendar of Events articles, columns, or other letters. Unsigned letters are not published. All letters are 9 section & Committee Meetings subject to editing. Send letters to the address above, Attention: Editor, Bar Journal. 17 disciplinary Actions 30 in Memoriam 32 Bulletin Board

Cover Photo Credit: © istockphoto.com/ Kandele

DSBA Bar Journal | December 2013 3 President's Corner

By Gregory B. Williams, Esquire

The Critical Importance of the Legal Industry to the Economic Well-Being of Delaware

s President of the Dela- servers) to find out how many employees non-law firm entities whose principal ware State Bar Association they employ in Delaware. Although the business is to service the legal market in (the”DSBA”), one of my survey is not yet complete, based on the Delaware (i.e., runner services, process top priorities this year is information gathered thus far from the servers, etc.). When one adds these em- ensuringA that the DSBA is effectively 60 law firms that have responded to our ployers to the data, one can easily and communicating to our State officials the survey to date, we know that law firms conservatively estimate that the above critical importance of the legal industry with offices in Delaware alone have numbers will double and may even triple. to Delaware and its economic well-being. generated over 2,650 full-time jobs and Another way to measure the impor- As a partner in a national law firm over 1,400 part-time jobs in the State of tance of the legal industry is to look at that employs over 30 full-time people in Delaware. its impact on the commercial real estate

Delaware and through working with my colleagues in the DSBA from dozens of other firms, I have become increasingly There is a common thread that drives the incredibly“ aware of the significant economic de- productive economic engine of the legal industry velopment impact that Delaware’s legal in Delaware. It is the unique partnership forged community has on our State. For elected “ officials that are tasked with the very over the years between the General Assembly, the difficult responsibility of deciding where Executive Branch, and the Delaware Judiciary. to allocate the State’s limited resources, a clear picture of the economic importance of Delaware’s unique legal community is Keep in mind that the above numbers market. For example, in comparing important. As such, the DSBA has un- do not include the numerous employees Wilmington to similarly populated cit- dertaken efforts to measure this impact, that work for the state and federal courts ies in the area, such as Camden, New and the members of the DSBA Adequate in Delaware, the Attorney General’s Of- Jersey, or Reading, Pennsylvania, the Judicial Funding Committee are com- fice and other state agencies that have amount of commercial office space in mitted to engaging our State officials legal functions, the U.S. Attorney’s Wilmington is striking. While some of on the importance of the legal industry Office, and other federal agencies with the Wilmington commercial office space to the economic well-being of our State. offices in Delaware that have legal func- is occupied by our important financial The DSBA is conducting a survey of tions. The above numbers also do not services industry, the DSBA’s survey law firms in Delaware to determine the include the number of lawyers and other is asking each law firm to provide the total number of full-time and part-time legal employees working in Delaware at amount of commercial space it is rent- employees they employ in Delaware. companies such as DuPont, AstraZen- ing. The DSBA is also working with The DSBA is also reaching out to non- eca, Bank of America, Barclays, Capital some commercial realtors to attempt to law firm entities whose principal busi- One, M&T Bank, Christiana Care, and determine the approximate percentage ness is to service the legal market in others. The above numbers also do not of commercial rental space occupied by Delaware (i.e., runner services, process include the numerous employees of the law firms. At this time, we know that

4 DSBA Bar Journal | www.dsba.org the sixty law firms that have responded ing, resulting in a few hundred jobs lost corporate statutory provisions (which to our survey to date occupy over one or gained. The reality is that while these are continually reviewed and improved million (1,000,000) square feet of the stand-alone businesses are important, the upon by the General Assembly) and commercial office space in the City of overall impact of the legal industry on top-notch service from the Division of Wilmington. One of the commercial real- Delaware’s economy usually far exceeds Corporations, businesses across the world tors that has served as one of our research the employment levels of any one com- make Delaware their corporate home and sources has advised that, since 2008 to the pany or industry. Perhaps the reason the Delaware courts the forum to resolve their istockphoto.com/© -art-siberia present, the overall occupancy in the City legal industry does not garner as much disputes. As a result, the legal industry of Wilmington Commercial Business attention is it lacks an easily identifiable in Delaware produces thousands of jobs, District submarket has grown by only common thread in the same way a large, well above and beyond what would exist 85,000 square feet. During that same single employer does. in the absence of this partnership. period, the legal industry has increased While perhaps less definitive, there Probably more familiar than the its footprint over the available commercial is a common thread that drives the number of jobs created is the impact this office space in the City of Wilmington incredibly productive economic engine partnership has on the State’s finances. Commercial Business District by over of the legal industry in Delaware. It is With over 63% of the Fortune 500 com- 360,000 square feet — the largest in- the unique partnership forged over the panies incorporated in Delaware, with crease by any business sector during that years between the General Assembly, the over 850,000 entities in total, corporate time period. Suffice to say, the economic Executive Branch, and the Delaware Ju- filings alone generate almost $800 million viability of the commercial real estate diciary. This partnership has and should annually. Couple this with abandoned market in the City of Wilmington and, continue to recognize that maintaining property of business entities registered by extension, the city itself is very much Delaware’s prominence and preeminence in Delaware escheating to the State and linked to the legal industry. in the worlds of corporate governance, the total revenue from this partnership, There is much focus, as there should bankruptcy, and intellectual property excluding corporate income taxes, well be, on how our elected officials can grow litigation is the cornerstone of our State’s exceeds 30% of the State’s total revenue. and improve Delaware’s economy. Indeed, economy. By maintaining the nation’s top Accordingly, this unique partnership in we often read front page headlines about a judiciary in Delaware’s state and federal particular company expanding or retract- courts, coupled with our cutting edge President’s Corner (continued on page 7) We believe in building relationships. Kruza Legal Search Specializing in permanent attorney, paralegal and support staff placement services since 1980.

Kruza Legal Search 1845 Walnut Street, Suite 855 Philadelphia, PA 19103 215.981.5455 / phone 215.981.0662 / fax www.kruza.com Peggy Kruza Steven Kruza Steven Weiler

DSBA Bar Journal | December 2013 5 Editor’s Perspective

By Seth L. Thompson, Esquire

The Honorable Andrea L. Rocanelli n light of the significant number “ of new judges in the Family Court, One organizational mantra that guides Judge Court of Common Pleas, and Su- Rocanelli’s method for the managing the perior Court, the editors of the Bar IJournal of The Delaware State Bar Associa- Court’s heavy volume was instilled long ago tion have decided to utilize their column “ while bussing tables: Touch it once. space for profiles of all the new judges. • • • in the Office of Disciplinary Counsel, her tion and sincere gratitude to Chief Judge brother, younger by just thirteen months, Smalls and her judicial colleagues for their The Honorable Andrea L. Rocanelli passed away from a drug overdose. Her support and friendship in her years on the was appointed to the New Castle County personal loss reflects in her professional Court of Common Pleas bench. Superior Court by Governor Jack A. endeavors. Markell on June 5, 2013. For over four Similarly, her new Superior Court years prior, Judge Rocanelli served as a In her position as Chief Counsel, Judge colleagues have welcomed her with open, Judge of the New Castle County Court of Rocanelli sought to act as a preventative or supportive arms. Judge Rocanelli looks Common Pleas. Before taking the bench, early-intervention resource for attorneys forward to her hands-on case management Judge Rocanelli served in the Delaware with substance abuse or mental health is- of the civil docket in making the transi- Supreme Court’s Office of Disciplinary sues. She also assisted in establishing the tion to Superior Court. The parties often Counsel as its Chief Counsel. Judge Ro- Delaware Lawyers Assistance Program, dedicate a high degree of resources in civil canelli’s law practice in Delaware began at which offers confidential assistance to at- and criminal matters. The Delaware courts Morris, Nichols, Arsht & Tunnell, where torneys and judges suffering from mental have to remain vigilant in fairly adjudicat- she focused on commercial litigation and health, substance abuse, or addiction issues ing business and other matters in order to handled the occasional pro bono criminal that are affecting their professional abilities. maintain their high regard and reputation. matter. Prior to her arrival in the First While in the Court of Common Pleas, But, one organizational mantra that guides State, she was in private practice at a bou- Judge Rocanelli assisted with that Court’s Judge Rocanelli’s method for the managing tique trial firm in Boston. She graduated Drug Diversion Program. Additionally, as the Court’s heavy volume was instilled long from the nearby Harvard Law School and the Court of Common Pleas representa- ago while bussing tables: Touch it once. Boston College, where she double-majored tive, Judge Rocanelli was appointed to Despite her unfamiliarity with Inside in English and Philosophy and graduated the Delaware Sentencing Accountability the Actors Studio, Judge Rocanelli gra- summa cum laude. Her time at Harvard Commission, a body aimed to promote ciously agreed to the latest round of the included serving as a student lawyer for a accountability of the offender to the spin-off, “Inside the Judge’s Chambers.” legal clinic in Jamaica Plain, Massachusetts. criminal justice system and accountability Her job bussing tables provided the most In addition to Delaware, she was admitted of the criminal justice system to the pub- instruction on people, as well as the values to the Massachusetts and New York Bars. lic. In her time in the Court of Common of hard work and humility. Also in the In venturing to Boston from her tight- Pleas, Judge Rocanelli encountered a large restaurant industry, her least favorite job knit family in their tight-knit neighbor- cross-section of Delaware’s population was as a server at a mismanaged, inefficient hood of Bay Ridge, Brooklyn, Judge via both a busy criminal docket and a restaurant with absentee ownership. Her Rocanelli became the first member of her civil docket often involving individuals childhood dream was to become a judge. family to attend a four-year college. Tragi- and small businesses as litigants. Judge However, when pressed for another occupa- cally, while Judge Rocanelli was working Rocanelli expressed her great apprecia- tion, Judge Rocanelli felt that serving as a

6 DSBA Bar Journal | www.dsba.org dean of students for a high school or middle President’s Corner (continued from page 5) industry. What drives this powerful eco- school would allow her to work with young nomic engine is that we, as lawyers, sell Delaware not only fuels an entire indus- people and assist in avoiding behaviors that to the world the quality of our judiciary try that employs thousands and occupies can lead to courtroom appearances. Her and, in particular, its ability to resolve a very significant portion of the State’s favorite characteristic in others is integrity; disputes in a thoughtful and prompt largest city’s commercial office space, it her least favorite is hubris. Relatedly, her manner. If the resources are not there to generates over a third of the revenue the favorite word is “credibility,” which requires deliver on that promise, this engine will State utilizes every year. concession on occasion to maintain. Her quickly stall. Importantly, unlike most other tax least favorite word is “cannot,” as in “It In the coming months, we will be ask- payers whose tax liability is determined by cannot be done.” Her daughters inspire her, ing the members of the DSBA to join the where they work and/or live, corporate en- and her favorite sound is all three daughters members of the DSBA Adequate Judicial tities have readily available choices about laughing at the dinner table. One daughter Funding Committee in educating and where to incorporate and/or have their is in college, and the other two attend high reminding our elected officials about the legal matters resolved. In other words, the school. Judge Rocanelli is married to her critical importance of the legal industry to revenue and jobs created by this partner- college sweetheart. Delaware’s economic well-being by send- ship are very much linked to whether our As for words of wisdom to litigants and ing a letter and/or making a call to the “customers” continue to see Delaware as lawyers appearing in her courtroom, “Be Governor and your respective representa- the best place to incorporate and have prepared, be responsive, and be candid.” tives in the State House of Representatives their disputes resolved. Thus, improv- and State Senate and requesting them to ing upon, nurturing and supporting this increase funding to the Delaware court partnership is critical to the continued system in the upcoming State budget. Bar Journal Editor Seth L. Thomp- economic viability of our State. son is a shareholder with Sergovic, The voices of the members of the DSBA Carmean & Weidman, P.A., 142 One way for Delaware’s elected of- need to be heard on this issue. E. Market Street, Georgetown, ficials to continue to improve upon, This article is the result of the joint work Delaware. He may be reached at nurture, and support this partnership and [email protected]. of DSBA President Gregory B. Williams create economic development through and the Co-Chairs of the DSBA Adequate Delaware’s legal industry is to increase Judicial Funding Committee, Thomas P. funding to the Delaware court system. McGonigle, Johnna M. Darby, and David Delaware’s court system and judiciary are C. Shelton. The other members of the DSBA important assets that are critical to the Finance for Adequate Judicial Funding Committee are legal industry in Delaware and the jobs Michael Houghton, David A. Felice, Mi- and revenue the legal industry generates Lawyers randa D. Clifton, David A. White, Richard in Delaware. While the DSBA and its A. Forsten, and Laina M. Herbert. supporters recognize that our elected of- Sponsored by the ficials face difficult decisions in allocating Delaware State Bar Association limited resources in the State’s budget, we Gregory B. Williams is President also want our elected officials to be abun- of the Delaware State Bar As- sociation and a Partner at Fox dantly clear that an underfunded court Rothschild LLP. He can be reached system could have a negative impact on at [email protected]. Tuesday, December 10, 2013 the economic engine of the Delaware legal 9:00 a.m. - 4:15 p.m.

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DSBA Bar Journal | December 2013 7 Professional Calendar of Events Guidance Committee

This committee provides peer counseling and support to lawyers overburdened by December 2013 personal or practice-related problems. It offers help to lawyers who, during difficult Tuesday, December 10, 2013 times, may need assistance in meeting law Finance for Lawyers practice demands. The members of this 6.0 hours CLE credit committee, individually or as a team, will Delaware State Bar Association, Wilmington help with the time and energy needed to Webcast to Tunnell & Raysor, Georgetown keep a law practice operating smoothly and to protect clients. Call a member if you or Friday, December 13, 2013 someone you know needs assistance. Family Law Update 2013 Karen Jacobs Louden, Co-Chair 6.0 hours CLE credit I. Barry Guerke, Co-Chair Christiana Hilton, Newark, DE Dennis L. Schrader, Co-Chair Tuesday, December 17, 2013 Sidney Balick Social Security Disability Victor F. Battaglia, Sr. 2.5 hours CLE credit Dawn L. Becker Delaware State Bar Association, Wilmington Robert K. Beste, Jr. Webcast to Tunnell & Raysor, Georgetown Vincent A. Bifferato, Sr. Mary C. Boudart January 2014 Crystal L. Carey Tuesday, January 14, 2014 Michael D. Carr A Lawyer’s Guide to Disability Awareness: Ben T. Castle Striving for a More Inclusive Legal Profession Thomas P. Conaty IV 3.0 hours CLE credit Edward Curley Delaware State Bar Association, Wilmington Gary R. Dodge Webcast to Tunnell & Raysor, Georgetown Shawn Dougherty Mark F. Dunkle Monday, January 20, 2014 David J. Ferry, Jr. Inaugural Dr. Martin Luther King, Jr., Breakfast and Statewide Day of Service David C. Gagne Chase Center on the Riverfront, Wilmington, DE Robert D. Goldberg Wednesday, January 22, 2014 Thomas Herlihy III Workers’ Compensation Breakfast Seminar Glenn E. Hitchens 3.3 hours CLE credit Clay T. Jester Chase Center on the Riverfront, Wilmington, DE Hon. Peter B. Jones Tuesday, January 28, 2014 Richard I. G. Jones, Jr. Dealing with a Difficult Client Rebecca Batson Kidner 4.0 hours CLE credit Bayard Marin Delaware State Bar Association, Wilmington James J. Maron Webcast to Tunnell & Raysor, Georgetown Wayne A. Marvel James G. McMillan III February 2014 Michael F. McTaggart Thursday, February 6, 2014 Francis E. Mieczkowski, Jr. Administrative Law Practice Paulette Sullivan Moore 3.0 hours CLE credit Michele L. Muldoon Delaware State Bar Association, Wilmington Frank E. Noyes II WG_4.95x2.375_AD_11813_11.8.13Webcast to Tunnell & Raysor, Georgetown 11/8/13 3:46 PM Page 1 Elizabeth Y. Olsen Donald E. Reid David B. Ripsom Kenneth M. Roseman Thomas D. Runnels H. Murray Sawyer, Jr. R. Judson Scaggs, Jr. Mary E. Sherlock Edward A. Tarlov Hon. Charles Toliver Available for Arbitration and Piet H. van Ogtrop Mediation Services Kevin E. Walsh With more than 30 years of David A. White experience as a Trial Attorney David N. Williams Helen L. Winslow Mary E. Sherlock, Esquire Hon. William L. Witham, Jr. 302.346.6377 | [email protected] Psychiatrist - Dr. Carol Tavani

8 DSBA Bar Journal | www.dsba.org Section & Committee Meetings Executive Committee Gregory Brian Williams December 2013 President Wednesday, December 11, 2013 • 12:00 p.m. Yvonne Takvorian Saville Alternative Dispute Resolution Section Meeting President-Elect Marshall Dennehey Warner Coleman & Goggin,1220 North Market Street, 5th Floor, Wilmington Richard A. Forsten Thursday, December 12, 2013 • 6:00 p.m. Vice President-at-Large Young Lawyers Section Happy Hour Cafe Mezzanotte, 1007 North Orange Street, Wilmington Miranda D. Clifton Vice President, Thursday, December 19, 2013 • 12:00 p.m. New Castle County Elder Law Section Meeting Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington Mitchell William May Thursday, December 19, 2013 • 12:00 p.m. Vice President, Executive Committee Meeting Kent County Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington Thursday, December 26, 2013 • 4:00 p.m. Michael Ryan Smith Family Law Section Meeting Vice President, Bayard, P.A., 222 Delaware Avenue, Suite 900, Wilmington Sussex County

David J. Ferry, Jr. January 2014 Secretary Thursday, January 2, 2014 • 4:00 p.m. Real & Personal Property Section Meeting Michael F. McTaggart Woloshin, Lynch, Natalie & Gagne, P.A., 3200 Concord Pike, Wilmington Assistant Secretary Monday, January 6, 2014 • 12:30 p.m. David A. Felice Senior Lawyers Committee Monthly Luncheon Meeting Treasurer Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington Thursday, January 9, 2014 • 6:00 p.m. William Patrick Brady Young Lawyers Section Happy Hour Assistant Treasurer Cafe Mezzanotte, 1007 North Orange Street, Wilmington Monday, January 13, 2014 • 4:30 p.m. Theresa V. Brown-Edwards Workers’ Compensation Section Meeting Past President Young Conaway Stargatt & Taylor LLP, 1000 North King Street, Wilmington Wednesday, January 15, 2014 • 12:00 p.m. The Honorable Alex J. Smalls Alternative Dispute Resolution Section Meeting Judicial Member Marshall Dennehey Warner Coleman & Goggin,1220 North Market Street, 5th Floor, Wilmington Mary I. Akhimien Wednesday, January 15, 2014 • 12:00 p.m. Assistant to President Litigation Section Meeting Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington Michael Houghton Legislative Liaison Thursday, January 16, 2014 • 12:00 p.m. Elder Law Section Meeting Santino Ceccotti Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington Johnna M. Darby Thursday, January 16, 2014 • 12:00 p.m. Reneta L. Green-Streett Executive Committee Meeting Laina M. Herbert Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington Brenda James-Roberts Tuesday, January 21, 2014 • 12:30 p.m. Christopher L. Kenny Labor & Employment Law Section Meeting Robert J. Krapf Morris James LLP, 500 Delaware Avenue, Suite 1500, Wilmington Thomas P. McGonigle David C. Shelton Thursday, January 23, 2014 • 4:00 p.m. Monte Terrell Squire Family Law Section Meeting Bayard, P.A., 222 Delaware Avenue, Suite 900, Wilmington David A. White Members-at-Large Monday, January 27, 2014 • 4:00 p.m. Taxation Section Meeting Rina Marks Morris James LLP, 500 Delaware Avenue, Suite 1500, Wilmington Executive Director

DSBA Bar Journal | December 2013 9 Tips on Technology

By Kevin F. Brady, Esquire

What’s Ahead in 2014

s we approach the end of 2013 and look to 2014 and beyond, what changes in technology will we see? By all accounts, 2014A will see the trends in mobile comput- ing, social media, and cloud computing services continue to garner the most at- tention in litigation. Technology-assisted document review will grab the spotlight as the intersection between human review and artificial intelligence (AI) continues to be debated. And, my current favorite wearable technology, Google Glass, the computer with optical head-mounted display for surfing the net or listening to music, will be released in 2014 to the public © istockphoto.com/© violetkaipa and steal the show in technology news. Beyond 2014, AI will play an even will be invisibly incorporated into glass about upcoming technology. I expected larger role in shifting the focus of technol- frames or contact lenses and will allow to hear that everyone was atwitter (sorry – ogy away from devices and toward services. the user to access an incredible amount of could not resist) about Twitter’s recent IPO At this time of year, everyone is talking information or streaming video with just which valued the company around $30 about the latest and greatest device that a touch or glance. billion and the latest batch of millionaires, you need to buy, but it is important to but that was not the case. I also expected note that those devices are designed with a The Buzz in Silicon Valley her to talk about the next step for when focus on circuits and electrical interfaces. Sound a little far fetched? Too much Google Glass becomes mainstream — The devices of tomorrow will focus on AI sci-fi? To keep things grounded, I decided when multiple Google Glass users viewing and a biological interface — using humans to do my own reconnaissance. On a recent the same sporting event, for example, share instead of circuits. For example, “smart” trip to California, I sat down with a good their individual experiences collectively at textiles will be used to create active wear friend of mine who is the Director of Tech- the same time. Fans will be able to view that will allow the user to change the color nology for a large educational institution a football, basketball, or baseball game and texture of the garment using voice near Palo Alto (a/k/a “Silicon Valley”) through the eyes of their favorite players commands. Instead of holding or attach- and Stanford University. Paying homage while watching the games from the stands. ing a device to your body, you will have a to the home of tech giants Apple, Google, That was not it either. Instead, in her opin- biological interface inserted into your skin Facebook, and Twitter; the land where a ion, the next great thing in technology and or a “patch” on your skin that allows the Zuckerberg, “the great and powerful Woz” education is “augmented reality” (“AR”). user to listen to music, search the web, or (Steve Wozniak), and the ghost of Steve talk on the phone without needing another Jobs still roam; and the proverbial mother Augmented Reality device. And finally, wearable technologies ship for techno sapiens everywhere, I asked AR is a live look of a real physical world like the next generation of Google Glass her what the “buzz” was in Silicon Valley that has been changed or augmented by

10 DSBA Bar Journal | www.dsba.org computer generated input such as sound, able to see internal organs and functions video, or graphics. Not to be confused through the use of multiple information with “virtual reality” which is the re- sources such as MRI, x-ray, and ultra- placement of a real physical world with sound simultaneously to assess a patient. a simulated world, AR allows the user to The possibilities are seemingly endless. digitally manipulate a real world setting using interactive tools. If that sounds a Season’s Greetings little far off, it is closer than you think. While there are tremendous upsides AR is currently in use commercially, but for many technologies, there are some real only sporadically. For example, when concerns as well, especially in the areas of you watch a baseball or soccer game on personal and data privacy and security. CITIZENS BANK CENTER television and you see the advertisement But, for now, “tis the season to be jolly” change in front of the bleachers, that is for dreamers and visionaries and the little AR. When you watch a college or profes- child in all of us about what could be …. sional football game and see the yellow Santa climbing up on his sleigh with his “first down” line stretched across the iPhone and iPad with wireless chargers and • Class “A” Office Space field, that is AR. Not so “out there” now, GPS tracking capability so everyone can • Superior Location right? What happens when you take that track Santa on his trip around the world. technology to the classroom experience? Santa fires up his favorite apps for maps, • $2 Million in Recent While Google Glass is not currently radar, weather, directions, music, Face- Building Renovations scheduled to handle AR technology, it is book, Twitter, Instagram, and a 24-hour just a matter of time before it is. In fact, Starbucks, slips on his Beats Headphones • Prestigious Roster of AR can be inserted into almost anything by Dr. Dre and turns on his Google Glass Law Firms — head gear, eye glasses, contact lenses, so he can see, and we can watch, who gets etc. — that aids the user in placing the presents and who gets coal (and Mrs. Claus physical world and virtual objects simul- can watch for any “frolic and detours” by taneously in the view of the user. While the Big Guy) and off he goes delivering there are many activities that would presents with tracking labels to children benefit from AR technology, education and adults all over the world….. Doesn’t and medicine are two areas that could that image just warm your heart? have far-reaching effects. Imagine a Happy Holidays and best wishes for a student re-enacting the “Gunfight at the safe and healthy 2014. Peace! OK Corral” in Tombstone, Arizona in 1881, playing the role of Doc Holliday Kevin F. Brady is a litigation or Wyatt Earp. What about watching the member at Eckert Seamans Cherin first lunar landing from Neil Armstrong’s & Mellott, LLC and can be reached at point of view or Christopher Columbus [email protected]. discovering a new land? Students will be “Tips on Technology” is service of able to not only participate in historical the E-Discovery and Technology Law events, but they can digitally manipulate Section of the Delaware State Bar them, as well. In medicine, doctors will be Association.

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DSBA Bar Journal | December 2013 11 Ethically Speaking

By Charles Slanina, Esquire

Digest of Previous Ethically Speaking Columns

thically Speaking” Ethics in the Cloud (May 2013) Annual Lawyers (and Others) Behav- closes out the year with a Changes to Rule 1.1 of the Delaware Law- ing Badly Roundup (October 2012) The holiday gift of a digest of yers’ Rules of Professional Conduct require title says it all; more cautionary tales from previous columns for the a lawyer to keep abreast of changes in the around the country. Examples include a “Epast five years. As a reminder, copies of the law including the benefits and risks asso- Cuban cigar-smuggling Illinois attorney full texts are available on the Delaware State ciated with emerging technology. Cloud and two Texas attorneys caught peeking Bar Association website at www.dsba.org. computing or storage of data by outside at texts on a judge’s cell phone. vendors is discussed. 2013 Deposition Dangers Redux (Septem- Disciplinary Believe It or Not (April ber 2012) and Deposition Dangers (July/ The Use, Selection and Compensa- 2013) Disciplinary decisions from across August 2012) Both columns deal with the tion of Experts from an Expert’s Per- the country provide a mixture of humor potential for attorney liability for attorney spective: Part 1 (November 2013) Guest and cautionary tales. conduct and misconduct in the context columnist Brett Margolin, Ph.D., an economist and testifying expert in State The Bona Fide Office is CLOSED (In of depositions. Topics include witness and Federal jurisdictions in Delaware, New Jersey) (March 2013) New Jersey coaching, witness preparation, payments shares the issues and problems experts had a brick and mortar bona fide office to deposition witnesses and the propriety face when retained by attorneys. requirement much like Delaware’s. A Janu- of contacting adverse expert witnesses. ary 2013 New Jersey Supreme Court rule Changes Coming to the ABA Model Or Else: The Propriety of Threaten- change permits virtual offices. ing Criminal Charges to Leverage a Civil Rules on Professional Conduct? (June Settlement (October 2013) “Ethically New Professional Conduct Rules! 2012) Under consideration before the Speaking” returns to a familiar topic (February 2013) A January 15, 2013 or- ABA are changes to the rules dealing with for its readers. der of the Delaware Supreme Court put technology, outsourcing, practice pend- into effect changes to the rules relating to ing admission, admission by motion, and Conflict by Association (September technology, confidentiality, prospective cli- conflicts screening. 2013) The risks and extent of imputation ents, advertising, outsourcing, co-counsel, Ethics in the News (May 2012) “Ethi- of conflicts under Rule 1.10 including conflicts and disclosure. conflicts arising from the retention of cally Speaking” once again discusses experts is discussed. Virtual Law Offices (January 2013) A the antics of Maricopa County Sheriff discussion of how some states are changing Joe Arpaio, as well as attorney liens and Summer Reading (July/August bona fide office requirements to accom- 2013) internet scams on attorneys. Fiction and non-fiction summer modate new technologies and modes of readings were suggested. Pardon Me, Do You Have Any practice. (April 2012) Delaware Supreme Court Resolves Lawyer Groupons? The an Important Disciplinary Issue (June 2012 propriety of group discount offers by at- 2013) The highly litigated issue of the The Partnership Between Prosecutors torneys for marketing and advertisement scope of what constitutes disciplinary and Debt Collectors (November 2012) is analyzed. conduct as a result of criminal conduct “Ethically Speaking” explores the definition Attorney Liens in Delaware: An occurring outside the practice of law of “simony” and a national (but apparently Update to the Update (March 2012) A was significantly narrowed in a case not local) practice of prosecutors allowing recent Delaware Supreme Court opinion involving a rare loss by the Office of private debt collectors to send out dunning reaffirmed the existence of an attorney’s Disciplinary Counsel. notices on the prosecutors’ letterhead. right to assert a charging lien in Delaware.

12 DSBA Bar Journal | www.dsba.org Brief Misconduct (February 2012) motion for a continuance in which an at- in regulating the conduct of out of state Recent examples of attorneys being dis- torney refused to consent to a continuance counsel. ciplined or fined for the content of their so that his opponent could attend the birth Do Not Steal this Column (February pleadings are explored. of his child. 2010) The propriety and liability for recy- Help Your Practice Outlive You (April cling pleadings was examined. 2011 2011) The “designation of a lawyer in the The “No Contact” Rule and Miscon- event of incapacity” question contained 2009 duct by Proxy: Does Rule 4.2 Prohibit in the Annual Registration Statement is Ether Madness: Limits on Attorney In- Attorney Assistance in Communication discussed as a springboard for the need and ternet Speech (December 2009) A discus- Between Parties to a Legal Matter? (De- advisability of attorney planning to protect sion of the tension between an attorney’s cember 2011) The split authority as to the attorney’s clients, practice, and heirs. First Amendment right to free speech ver- whether or not an attorney can advise Ethics Online (March 2011) “Ethi- sus the attorney’s professional obligations or assist a client in direct contact with a cally Speaking” returned to the ethics under the Professional Conduct Rules in represented opposing party which would resources available online with a digest of the context of blogging. be prohibited for the attorney is analyzed. favorite websites that every attorney should When Is a Partner Not a Partner? Withdrawing as Counsel: How “Noisy” bookmark. The Use of the Term “Partner” and the Do the Professional Conduct Rules Permit More Lawyers and Others Behaving Advertising Rules (October 2009) The (November 2011) You To Be? A discussion Badly (February 2011) The title says it title is fairly self-explanatory—especially of mandatory and permissive withdrawals all; more cautionary tales from around when it is almost as long as the article itself. from representation and how much an the country. The list of shame includes a Guilt by Association: What Does the attorney is permitted to tell the Court in New Jersey attorney stealing from a blind Term Associate Mean and When Can order to obtain permission for the with- refreshment stand operator and a judge You Use It? (September 2009) Law firm drawal. who keyed his neighbor’s car. employment arrangements were discussed Attorney Liens in Delaware: An Up- in the context of the Delaware Professional 2010 date (October 2011) The May 1995 guest Conduct Rules. column authored by Matthew F. Boyer IOLTA Part II (December 2010) Internal Theft of Attorney Escrow Controversy followed Part I. Further expla- and William R. Denny is updated with Funds: In Whom Do You Trust? (July/ a discussion of the Chancery Court deci- nations and answers to readers’ questions. August 2009) Strategies for avoiding and Judy v. Preferred Communications sion in New Books and Records Rules (No- detecting internal theft of law firm and Systems, Inc . vember 2010) Changes to Rule 1.15 and client escrow funds. Who is in your wallet? Can You Trust Your Trust Account? IOLTA accounts were detailed. Feeding the Beast (June 2009) Special- (September 2011) An examination of Ghostwriting (October 2010) Attorney izing in media and First Amendment law, threats to your trust accounts from various liability for undisclosed assistance to liti- guest columnist David Finger offers his sources including bank charges, credit card gants was re-examined. Jurisdictions con- insights into the regulation of attorney charges, and scams. tinue to be split, but is a trend developing? speech. (September Duty to Report Misconduct: Do the Look Before You Leap Feeling Conflicted? Perils of Conflict 2010) Limitations Contained in Rule 8.3 Exceed Planning on leaving your firm? Claims and a Strategy for Responding to (July/August 2011) the Requirements? Plan to read this column first. Avoid dis- Created Conflict Stratagems (May 2009) ciplinary, contractual, and even tort suit An update of the 1996 column “Is There Avoiding and surviving both disqualifica- challenges. Really a Duty to Report Misconduct?” tion motions and disciplinary complaints Exceptions to the reporting requirement Lawyers Behaving Badly (July/August based on allegations of conflicts of interest. condoned by ABA Formal Opinions are 2010) More samples and examples of attor- Lawyers Behaving Badly: 2009 (April reviewed. neys finding new ways to get into trouble. 2009) An annual feature digesting a Are You Still Too Smart To Be Metadata Update (May 2010) “Ethi- rogue’s gallery of attorney and judicial Scammed? (June 2011) New threats from cally Speaking” returned for the third misconduct cases across the nation. internet scams to attorney trust accounts. time to the topic of use and misuse of data News from the ABA and the DSBA Cautionary tales of attorneys swindled by embedded into electronically transmitted (March 2009) Changes to ABA Model increasingly elaborate bad check schemes. documents. Jurisdictions across the coun- Rule 1.10 dealing with the imputation of try continue to offer conflicting advice. Civility in Practice (May 2011) A conflicts resulting from attorneys chang- humorous and informative example of a A Directly Adverse Reaction (March ing firms; a new ABA Formal Opinion top-down lesson in civility from the Kan- 2010) Guest columnist offered insights 08-453 dealing with in-house consulting sas District Court, including the full text (and horror stories) of the problems Dela- of the Court’s remonstrative ruling on a ware attorneys serving as local counsel have Ethically Speaking (continued on page 15)

DSBA Bar Journal | December 2013 13 ate Health Insurance:

DSBIS Up d Give the Gift of Choice

By Aaron W. Mitchell, REBC

t this time of year, we spend a lot of time online and Smaller law firms (with 50 or less eligible employees/partners)

at the mall trying to match the right gift to each will find that a defined contribution model may be a very good A J person on your list. Providing health insurance to way to treat everyone the same and fix costs. In 2014, health in- A your firm can often be like trying to buy gifts for surance premiums will be based on each person’s age. Therefore, harlie familyA and friends. You are probably spending a lot of money if you pay a fixed dollar amount (regardless of the employee’s and you want everyone to get something that they want. This age) your firm will not have the uncertainty of premium dollars year, your firm may want to embrace the idea of a defined con- varying based on the age of each person you hire. tribution plan, the equivalent of a Visa gift card. Larger law firms may also embrace the notion of a defined C istockphoto.com/ © Health insurance reform does provide many challenges to contribution. If health insurance premiums increase, your firm law firms. One of the most important lessons that I’ve learned can increase the contribution amount based on your budget, is that many firms are not encouraged or pleased about the rather than based on the percentage increase on your group challenges of complying with the new legislation. There are a plans. The idea is that your firm will spend less time making number of positive benefits that healthcare reform has delivered. plan design changes or contribution choices each year. If my firm Rather than spending a good deal of time trying to find the offers five health insurance plans and rates rise, my plan will perfect plan, many firms should embrace the notion of providing not be taken away; I will simply have a choice about whether it’s more options to employees and letting them make the decisions time to buy down to a less expensive plan or pay more premiums. that will be best suited to their specific needs. The defined contribution model can also be used to put A defined contribution model is essentially a pool of dollars together other benefits such as dental and vision coverage. that your firm makes available to purchase employee benefits. Rather than providing a defined benefit model where you pay Some firms already use this model, giving the employees the for a percentage of premium for each line of coverage, the firm chance to purchase independent coverage. Firms that want to can combine the dollars you are budgeted to spend for all of the keep group coverage will find that many fully insured carriers benefits. This way, an employee who sees less value in dental will offer Exchanges, which will allow them to offer more plan coverage could take those dollars and allocate them towards a choices. Self-insured law firms may also like the notion of of- better medical plan, or vice versa. fering more plan choices and giving employees a pool of dollars The defined contribution has two important goals: empow- to make their own decisions. ering your employees to make the best choices for their families; Historically, firms and other companies have been limited to and controlling costs for your firm. Firms that combine the right two or three plan choices for a group health plan. While every Exchange platform with the right system of delivery may have insurance company has different rules, the administrative cost the greatest degree of employee satisfaction and budget control of offering more plan options prevents many firms from offering for the foreseeable future. more choices to employees. The Affordable Care Act has cre- Moving into a defined contribution requires a significant ated and expanded the Exchange marketplace. Carriers are now amount of time and evaluation. It may not be the right solution showing a willingness to allow companies to offer five or more for every firm. Looking at administrative costs and tax implica- plans to their employees. While this may sound overwhelming, tions are a very important part of evaluating this model. Taking many Exchange platforms are helping to guide each employee the time to analyze the goals of the firm and the employees is into the plan that meets their specific needs. the most important first step.

14 DSBA Bar Journal | www.dsba.org The Affordable Care Act has created Ethically Speaking (continued from page 13) new choices for individuals and compa- nies. When managed correctly, choice on ethical issues; and DSBA Advisory may be the most important part of your Opinion 2009-01 concerning the propri- employee benefits package. If your firm ety of law firms compensating marketing finds itself in the position of making dif- professionals were reviewed. ficult decisions at each renewal, do not Another Chance to Avoid Non-Com- overlook the gift card of the health insur- pliance: Changes to the Books and Records ance world: a defined contribution plan. Rules and the Certificate of Compliance This is the third part in a series of ar- (February 2009) Changes to the Rule 1.15 ticles on the new Exchanges available for record keeping requirements were detailed. Delaware Firms and Individuals. DSBIS “Ethically Speaking” is intended to stimulate is a wholly owned insurance brokerage awareness of ethical issues. It is not intended as legal advice nor does it necessarily represent the opinion of The 4Sight Group is an subsidiary of the Delaware State Bar As- the Delaware State Bar Association. information technologies (IT) sociation. DSBIS serves all insurance needs “Ethically Speaking” is available online. The company that has a specialty for attorneys, their firms, their families, columns from the past two years are available on niche in serving law firms in and their clients. DSBIS was formed by www.dsba.org. Delaware. Give us a call. Delaware attorneys for Delaware attorneys. 4SIGHT GROUP LLC Aaron Mitchell is DSBIS’s lead mar- 4023 Kennett Pike, Suite 233 keting representa- Charles Slanina is a partner in the firm Wilmington, DE 19807 of Finger & Slanina, LLC. His practice Phone: 800-490-2131 X88 tive, coordinating areas include disciplinary defense www.4sightgroup.com all lines of insur- and consultations on professional ance. He specializes responsibility issues. Additional infor- in group benefits mation about the author is available at and life insurance. www.delawgroup.com. Contact Aaron at 302-397-0170.

IMPORTANT UPDATE

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16 DSBA Bar Journal | www.dsba.org Disciplinary Actions

TWO-YEAR PRIVATE of Mr. Gabay’s law practice. Any ques- PRIVATE PROBATION PROBATION tions regarding Mr. Gabay’s law practice Effective Date: October 21, 2013 Effective Date: September 6, 2013 should be directed to Mr. Benson. Board Case No. 104517-B ODC File No. 105260-B. DISABILITY INACTIVE An attorney received a one (1) year A Delaware lawyer was placed on private probation for a violation of the private probation for two years for viola- Matthew C. Carucci, Esquire Delaware Lawyers’ Rules of Professional tions of the Delaware Lawyers’ Rules of Effective Date: October 30, 2013 Conduct (“Rules”). The lawyer violated Professional Conduct (“Rules”) in con- Supreme Court No. 582, 2013 Rule 8.4(d) (“[i]t is professional miscon- nection with his failure to maintain his By order dated October 30, 2013, the duct for a lawyer to engage in conduct books and records and for misrepresent- Delaware Supreme Court transferred prejudice to the administration of jus- ing the status of his books and records on Matthew M. Carucci to disability inac- tice”) by inserting into a deed prior to his 2010 Certificate of Compliance. The tive status, pursuant to Rule 19(b) of the recording an additional page containing private sanction was offered by a panel Delaware Lawyers’ Rules of Disciplinary a legal description of a property which the of the Preliminary Review Committee Procedure. Mr. Carucci is prohibited attorney mistakenly believed was part of (“PRC”), and imposed with the consent from practicing law in Delaware until the conveyance. of the lawyer. The lawyer admitted he such time as he is reinstated to active The Panel considered the attorney’s failed to maintain his books and records status. absence of a prior disciplinary record and and filed his 2010 and 2011 Certificates The Court of Chancery has ap- absence of a dishonest or selfish motive in of Compliance with the Supreme Court pointed Andrew D. Rahaim, Esquire, altering the deed as mitigating factors. which contained inaccurate representa- (302) 892-9200 as the receiver for Mr. tions to the Court relating to the status Carucci’s law practice. of his books and records. In offering the sanction of a private probation, the PRC considered the following mitigating fac- tors: (1) the absence of a prior disciplin- ary record; and (2) the remedial measures the lawyer took to resolve the problems.

DISABILITY INACTIVE Joseph A. Gabay, Esquire Effective Date: October 15, 2013 Supreme Court No. 536, 2013 On October 15, 2013 the Delaware Supreme Court transferred Joseph A. Gabay to disability inactive status, pur- suant to Rule 19(c) of the Delaware Law- yers’ Rules of Disciplinary Procedure. Mr. Gabay had already been suspended by the Delaware Supreme Court in March 2013 pursuant to Procedural Rule 16 for professional misconduct which demonstrated he posed a significant threat of substantial harm to the public and to the orderly administration of jus- tice. Until such time as he is reinstated to active status, Mr. Gabay is prohibited from practicing law in Delaware. Joseph W. Benson, Esquire (302) 656-8811 has been appointed receiver

DSBA Bar Journal | December 2013 17 Access to Justice Spotlight

By Susan Simmons Access to Justice For the Public Good

‘Tis the Season

legal services per year. Fifty hours seems small, but it can be difficult to squeeze in if you are billing 2,000 hours or more at your firm. However, during your down time this holiday season, consider fulfilling this aspirational obligation and give back to those who otherwise cannot afford legal advice. ‘Tis the season for giving, right?

Make Your Year-End Review Count During the holidays, most of us receive our year-end review. This review should not only be thought of as a trip down 2013’s memory lane. Use this time to hone in your experiences and come up with a strategy that will move your career forward in 2014. Spend time creating a plan for who you want to work with © istockphoto.com/pashabo © and on what types of matters. Also, reviewing your work will refresh your memory as to what you actually accomplished in is the Season to: 2013. We hope that your review includes taking advantage of pro bono opportunities. Volunteer For most of us, the holidays are synonymous Prepare for Another New Year (and Resolutions) ‘T with family, fun, and fruitcake. Work, at least for Okay, you have survived the holidays again; connected with a few days, drops off our radar, yet the holidays provide more family and friends; given and received presents and food; and volunteer and pro bono opportunities than any other time of enjoyed warm fires and fresh snow. Along with the general mer- the year. While volunteering may help you get in the spirit of riment brought by the season came those dreaded three words: giving, it can also benefit you professionally. Volunteering can New Year’s resolutions. And, the overt and immense pressure help you expand your network, make contacts, gain new skills, to self-improve via the New Year’s resolution. Why do we feel build your resume, and meet law firm pro bono quotas. Pro compelled each year to perpetuate this absurd tradition? Why, bono work can also yield less tangible rewards such as personal for instance, do we only vow to better ourselves in January satisfaction and professional recognition. as opposed to June? Isn’t winter already cold and miserable enough? Isn’t the resolution really just an excuse to completely Spread Good Will let oneself go during the holidays, a rational justification and The holidays provide a good excuse to connect with others advance pardon for the overindulgent transgressions we com- and strengthen relationships. In these challenging economic mit during this time of year? Eating the whole plate of sugar times, expensive gifts and lavish dinners may not be in the cookies during the 100th viewing of A Christmas Story does not budget. However, you can still connect with peers and show seem too bad when considering the hard core diet regiment to client appreciation through pro bono work. be unleashed January 1. Despite my cynicism on the subject, I, like millions of others Do Pro Bono Work across the globe, will make (and sadly thereafter break) New Pro bono work is a great way to give back to your commu- Year’s resolutions. Like many of our DSBA member attorneys, nity. The ABA Model Rule of Professional Conduct Rule 6.1 resolutions will be geared toward the ultimate goal of becom- states that lawyers should provide at least 50 hours of pro bono ing: 1) a more valued associate-employee; 2) a better lawyer; and

18 DSBA Bar Journal | www.dsba.org 3) a happier human being. A lofty goal, indeed, but what fun is a New Year’s Introducing the Delaware resolution without a challenge? Go big, or go home. Legislative Drafting Manual So, aside from the standard vow to lose 10 (okay, 15) pounds, resolve as By Mark J. Cutrona, Esquire, Deputy Director, Division of Research follows: and Richard T. Dillard, Esquire, Senate Attorney Mentor and Be Mentored More he Division of Research of The manual is available for viewing The importance of mentoring to the Legislative Council is pleased or printing at http://legis.delaware.gov/ law profession cannot be understated. to announce an update to the draftingmanual. If you would rather Law school and Continuing Legal Edu- legislative drafting manual point and click than type, go to the State’s cation might equip you with the skills Taimed at assisting both the occasional and website, click on the “State Services and necessary to practice law, but only men- veteran drafter in the creation of an accu- Information” button (top right), click on tors can truly teach you how to be good rate, clear, and uniform legislative product. “General Assembly” (under the “Gov- lawyers. The 2013 edition improves upon ernment” section on the right), click on Without mentors to help young at- the existing manual by reimaging it as a “Online Publications” (far left), and click torneys navigate the minefields of this guide through the legislative process from on “Bill Drafting Manual” (far left). profession, climbing the ladder can be the formulation of the legislative idea to The manual has always been an ever next to impossible. For this reason, plan its incorporation into existing Delaware evolving document and, in that spirit, on more lunches with your mentor and law. The new edition discusses the strike comments, criticism, and suggestions those you mentor as well (if you do not through and underline drafting process; for improvements to future revisions are belong to the DSBA Mentoring Pro- expands upon existing discussions on types welcomed as are questions about the man- gram, please join.) But, order salads, of and parts of legislation, formatting and ual or drafting. Please contact Mark at course, so as to not compromise standard drafting rules, and the legislative process; [email protected]. resolution No. 1. and provides multiple examples through- out the text and in the appendix. Do More Pro Bono Work — And to All a Good Night! Recently, I saw a promo for one of those feel-good, made-for-TV movies, that are all over the screen during the holidays, in which someone is asked: “What is the real reason for living?” The uncertain response given was: “To find happiness?” and the simple reply was: “No, to make a difference!” It bears repeating — while it always seems difficult to find time to dedicate to pro bono endeavors, the investment is always worth it. Whether teaching under- privileged middle-school children or pro- viding estate planning services to seniors, pro bono work always seems to bestow the most profound professional and personal growth. It helps you remember why you became a lawyer in the first place.

Susan Simmons is the Director of Development & Access to Justice Co- ordination at the Delaware State Bar Association and can be reached at [email protected].

DSBA Bar Journal | December 2013 19 Justice Randy J. Holland acknowledging inauguration Left to Right: Officers of the Holland Inn, Matthew R. Fogg, President, Julie S. Pezzner, Treasurer, Justice Lemons, of the Holland Inn. Justice Holland, H. Garrett Baker, Vice-President, Cassandra F. Roberts, Administrator. Inaugural Meeting of the Randy J. Holland Delaware Workers’ Compensation American Inn of Court

By H. Garrett Baker, Esquire

n November 13, 2013, at 109. “When it came time for the of Court, Justice Donald W. Lemons, of over 100 Justices, Judges, founding committee to select a name the Supreme Court of Virginia. Industrial Accident Board for the Inn, the decision was an easy Inaugural President, Matthew R. members and practitioners one. There is no one who has invested Fogg, Esquire, detailed the moment Ogathered to celebrate the inauguration of more in the Delaware legal community thusly. “It was an incredible evening. the seventh American Inn of Court in and the American Inns of Court than The level of involvement of the Work- Delaware — the Randy J. Holland Dela- Justice Holland. We are pleased and ers’ Compensation Bar, members of ware Workers’ Compensation American honored that he was willing to accept the Judiciary and Industrial Accident Inn of Court. Named for Justice Randy our request,” Baker noted. Board members was stunning. The Inn J. Holland, this Inn will focus on Dela- The inauguration of the new Inn was has captured a significant amount of ware workers’ compensation law. The attended by Justices Berger and Jacobs, the Workers’ Compensation Bar in this concept was originated by Justice Hol- as well as Judges Vaughn, Cooch, Jur- State and I firmly believe that this Inn land during a chance meeting with Inn den, Rapposelli, Wallace, and Rocanelli Vice-President H. Garrett Baker. will make being a workers’ compensa- of the Superior Court and members of tion practitioner in the State of Dela- “Justice Holland approached me and the Industrial Accident Board. In addi- ware even better. No one imagined that said he thought it would be a good idea tion the Inn received letters of encour- Delaware’s specialty Inn would have the to create a new Inn of Court in Delaware agement from Vice-President Biden, largest inaugural launch in American with a focus on worker’s compensation. Gov. Markell, and U.S. Supreme Court Inn history. Now, we will move forward, I agreed that an Inn of Court would be Justices Scalia, Kennedy, Ginsburg, advancing the values of the American perfect for our practice group, so we set Alito, Sotomayor, Stevens, O’Connor, Inns of Court and standing by the about to explore creating one. But, we and Souter, as well as all constitutional had no idea the response would be so federal and state courts in Delaware. foundation that has been laid for us by overwhelming.” The Holland Inn had The charter establishing the Holland Justice Holland.” the largest opening membership in the Inn was personally conveyed by the The Inn’s Administrator, Cassan- history of the American Inns of Court, national President of the American Inns dra F. Roberts, Esquire, commented,

20 DSBA Bar Journal | www.dsba.org “For those of us who have been practicing workers’ compensation for decades, this is no doubt the pin- nacle of our professional lives. To have the Workers’ Compensation Inn named for Justice Holland and all that stands with his great name in terms of dignity, civility, courtesy and legal acumen — that alone renders this Inn one which is parallel to none. We owe Justice Holland such a debt in that any venture associated with his name cannot help but elevate the stature of those who participate.” “To have an American Inn of Court dedicated to the practice of workers’ compensation in Delaware is tremendously important. The field of workers’ compensation strikes at the hearts of people’s lives by encouraging workplace safety and by providing Presentation of charter by Justice Donald W. Lemons, President of the American Inns of Court, protection to workers and security to their families to Justice Holland. in the forms of prompt payment of wage benefits and of provision of medical treatment. It is truly an incredible and yet humbling honor for this Inn to bear the name of Justice Holland — an honor that commands achieving only the highest standards. Judging by the unbridled energy on a statewide level exuded by our Judiciary, our Industrial Accident Board, our Hearing Officers and our State Bar at the inaugural meeting, the potential of the Randy J. Holland Delaware Workers’ Compensation Inn of Court is limitless,” added the Inn’s Treasurer, Julie S. Pezzner, Esquire. In commenting on the evening, Justice Holland Justice Lemons conferring Inn of Court pins to Holland Inn officers. stated, “The lawyers who practice workers’ compen- sation law in Delaware already have a reputation for ethics, civility, professionalism and legal excellence. The establishment of an American Inn of Court will support and enhance their collective personi- fication of those principles. I am greatly honored and humbled by having the membership name the new Inn for me. I look forward to being a part of this significant contribution to the Delaware legal community.” Hon. Vivian L. Rapposelli, Delaware Superior Court. In welcoming the new Inn, Justice Scalia stated, “It is risky to name anything for anybody until he is dead. But, I share the total confidence of the Matthew R. Fogg, President of the Holland Inn. benchers at the Randy J. Holland Inn that your best days lie ahead.” Justice Kennedy, himself the namesake of an Inn of Court, set the marker. “The two of us might look forward to the time when the Randy J. Hol- land American Inn and the Anthony M. Kennedy Inn compete for the first place in the contest for best program of the year. Perhaps we will settle for a tie.” If the inaugural meeting is a harbinger of All photos Andrew by J. Carmine, Esquire what lies ahead, it is doubtful the Holland Inn will Inaugural reception. Frank Petro, past President of the James settle for a tie. H. Coleman, Jr. Inn, in New Jersey.

DSBA Bar Journal | December 2013 21

THE DELAWARE STATE BAR ASSOCIATION’s INAUGURAL DR. MARTIN LUTHER KING, JR. ———————————————— Breakfast & Statewide Day of Service • DATE/TIME: • Monday, January 20, 2014 • Breakfast: 8:00 a.m. •

Keynote Speaker: Lani Guinier, Esquire Civil Rights Attorney and First Tenured African-American Woman Professor at Harvard Law School • LOCATION: Chase Center on the Riverfront • 815 Justison Street • Wilmington, DE 19801

TICKET PRICES: Tickets: $35.00/person • R.S.V.P. Deadline: Jan. 10, 2014

22 DSBA Bar Journal | www.dsba.org

Delaware State Bar Association Martin Luther King, Jr. Breakfast and Statewide Day of Service Sponsorship Opportunities

Platinum Gold Silver Bronze Friend $5,000 $3,500 $2,500 $1,500 $500

One One Half Table of Three (3) Recognition of Designated Designated (5) Seats at Individual Sponsorship in Table of Ten Table of Ten the Breakfast Tickets to the DSBA Journal (10) at the (10) at the Breakfast Breakfast Breakfast Onsite Signage Onsite Onsite Onsite Signage Signage Signage Quarter Page Ad in Recognition of Full Page Ad Half Page Ad Breakfast Sponsorship in in Breakfast in Breakfast Program DSBA Journal Program Program

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DSBA Bar Journal | December 2013 23 DE-LAP Zone

A Message from the Delaware Lawyers Assistance Program

By Carol P. Waldhauser, Executive Director

The Traditional End of Year Self Audit: 2013 Edition

s a practicing attorney, what • Do I have realistic short-term, as Then, once you have the written plan, better time than now to re- well as, long-term plans for my law office you should implement it. Implementa- flect on the past year, both and/or career? tion is action, and action converts your professionally and person- • Do I have a written budget and ac- business and personal visions. Call this ally,A as to where you have been, where counting practices in place for the coming implementation “action” or “baby” steps. you are presently, and where you plan year both professionally and personally? Also, management is important. Through to be in 2014. In fact, this end of year Am I in compliance with The Rules of both business and personal management, audit has become a DE-LAP tradition. Professional Conduct? you build the foundation and framework that unifies purpose and meaning, while After all, lawyers are referred to as • Do I monitor the types of cases that maintaining balance in your personal life. great problem-solvers. It is important, are most and least profitable? Is my billing Bottom line, it allows you to be aware of however, for the lawyer to realize that up-to-date? great expectations vs. realistic expectations. even when they are highly success- • Do I have an updated checklist Business: All firms, small or large, ful in treating a client’s dilemma, it for Lawyers Planning to Protect Client’s new or old, need a written budget, espe- is often difficult for them to address Interest in the even of death, disability, cially in today’s rocky economic climate. their own concerns, goals, plans, well- impairment, or incapacity? ness, and stamina. I refer to this as the This budget should be implemented and • Do I feel that I work too many shoemaker syndrome, recalling the tale reviewed regularly. Ideally, you should hours? If so, can I design a plan to add of the shoemaker who had time to fix work with an accountant or financial more balance to my life and learn to everyone else’s shoes but his own. The advisor familiar with law firms of your implement it? day-to-day pressures and deadlines of size. Your budget should include all practicing law, coupled with the ongo- • Bottom line: Do I have a personal fixed expenses for the coming year on a month-to-month basis. This allows you to ing responsibilities of life itself often wellness plan to maintain stamina and keep an eye on spending, billing, etc. If cause a lack of time for lawyers to take fitness? you are a solo or small firm lawyer, your time for themselves. Short-Term and Long-Term financial advisor or accountant should be This lack of time is unfortunate Planning for Your Professional someone who works with solo and small because it is important for all of us to Life firm lawyers. pencil ourselves into our calendars. A lawyer, like other business people, Monitor Your Cases: Monitor the Equally as important is that we real- should write a business plan that includes types of cases that are most and least ize success takes foresight, patience, short-term and long-terms goals. This writ- profitable. Stop doing work that is not courage, and excellent legal skills, plus ten plan allows for focus on what you need profitable (This does not include your personal wellness and stamina. Realis- to do today, next week, and next month in pro bono work.) It does include, however, tically, it takes planning, implementa- order to position yourself so you and your those cases that take a lot of your time tion, and management for a successful business are traveling in the right direc- and the clients either do not pay, will not business and life. tion and do not end up somewhere else. pay, or the case is just a bow-wow. Many Sit down now and ask yourself these Similarly, a lawyer needs to have a personal hard-working, honest lawyers find that master questions: wellness plan. their expectations about getting paid are

24 DSBA Bar Journal | www.dsba.org not shared by their clients. The result is 11. Value the time of your fellow • Take time to give. stress, frustration, and problematic cash attorneys. • Take time to laugh. flow. Therefore, weed them out. 12. Give straight answers. • And, take time to plan, implement, Checklist for Lawyers Planning to 13. Think first. and manage, both professionally and per- Protect Client’s Interest in Event of 14. Define your goals: Remember sonally — it is the road to success. Death, Disability, Impairment, or In- you are first a professional, then a Similarly, no matter what, prioritize capacity: Remember, life events happen. businessperson. If you seek riches, your personal wellness — if there are Most individuals (lawyers included) will become a businessperson, then hire changes you should (or want to) make deal with loss, trauma, and change at an attorney. — take small realistic steps in achieving some point in their lives. It is part of be- those changes. ing human. Although for many lawyers, 15. Tell your clients how to behave it is a frequent trait to ignore unpleasant — if they can not, they do not deserve Remember too, that many of us love thoughts such as disaster, unexpected you as their attorney. being a legal professional. Generally, the illness, misfortune, or even death. By 16. Solve problems — do not become profession has met our great expecta- ignoring these events, we fail to prepare one. tions upon entering law school. Most for the day the unexpected illness, disas- 17. Have ideals you believe in. lawyers take great pleasure and pride in ter, or even death may prevent us from their work. Realistically, however, it is 18. Do not do anything that you executing our responsibilities as lawyers: the planning, implementation, manage- would not be proud to tell your the law office, the clients, the existing ment, and annual self-audit that may

mother about! deadlines, and the staff. Therefore, fill be the difference between success and out and update a checklist for Lawyers 19. If you need help, get it. failure. Planning to Protect Clients’ Interest in the event of your death, disability, im- “ pairment, and/or incapacity. And, have Most lawyers take great pleasure and pride in their an updated checklist for closing your of- work. Realistically, however, it is the planning, imple- fice (Go to www.de-lap.org and click on the transition page for boilerplate forms.) mentation, management, and annual self-audit that Employers rank the top three causes “may be the difference between success and failure. of workplace stress as lack of work/ life balance (86%), inadequate staffing (70%), and technologies that expand 20. If you need someone to talk For more information on the topics employee availability during nonwork- to, make that confidential call to discussed above and for free check- ing hours (63%). Based on 10 drivers of the Delaware Lawyers Assistance lists call The Delaware Lawyers As- workforce stress, employees ranked lack Program (DE-LAP). sistance Program (DE-LAP) or e-mail of work/life balance fifth, while employ- (In Part from The 20 Golden Rules/Florida [email protected]. Remember ers ranked it first. Therefore, other habits Lawyer’s Assistance Program) too, if you, or someone you know, is having problems that are affect- to consider during your self-audit: Fortunately, most lawyers are passion- ing your/their ability to practice law ate about being a lawyer. Unfortunately, The Golden Rules of quality of life, call DE-LAP at some lawyers may not devote enough time (Or How Not To Be a Difficult Attorney) (302) 777-0124. Wishing all a happy to their personal well-being. For that rea- 1. Behave yourself. and healthy holiday season. son, it is not too late to review some simple 2. Answer the phone. personal procedures that can contribute 3. Return your phone calls. to time, money, and the establishment Carol P. Waldhauser is the Execu- tive Director of the Delaware Lawyers 4. Keep your hands off your clients’ of habits that can enhance you and your professional life. Assistance Program and can be money. reached at [email protected]. 5. Tell the truth. Habits and Behavior 6. Admit ignorance. Tips from the Happy Attorney 7. Be honorable. • Take time to eat right. 8. Show civility. • Take time to sleep. 9. Defend the honor of your fellow • Take time to play. attorneys. • Take time to pray. 10. Be gracious and thoughtful. • Take time to love.

DSBA Bar Journal | December 2013 25 Book Review

Reviewed by Richard A. Forsten, Esquire

What They Don’t Teach You in Law School: Are You Smart Enough to Work at Google? By William Poundstone (Little, Brown and Co., 2012)

here are roughly 130 job applicants for every job opening at Google, the go about doing X?”, “what do you see as the world-famous internet company. By comparison, Harvard University receives biggest challenge facing our industry and approximately 14 applications from high school students for each spot in its how would you address it?”). Candidates entering class. As a result, Google has a lot of applicants to vet and interview might also be asked to provide work prod- Tas part of its hiring process, and it has become somewhat famous (infamous?) for some uct samples, or may be given a sample task of the questions it asks. to perform. But, the “offbeat” questions are In Are You Smart Enough to Work at Google?, author William Poundstone looks at designed to judge mental flexibility, critical the Google hiring process (as well as the process at other companies) focusing primarily thinking, and creativity. As Poundstone on the more challenging questions that Google, and now other companies as well, ask describes it, it is not necessarily whether an their interviewees. Some of these questions include: interviewee gets the right answer so much as the process by which the interviewee • You’re shrunk to the height of a nickel and thrown in a blender, with the blades tries to arrive at the answer — or, as many about to start in 60 seconds. Your mass is reduced, so your density is the same as usual. of my teachers were fond of saying, “show What do you do? your work.” • According to a survey, 70 percent of the public likes coffee and 80 percent likes So, do these offbeat questions work? tea. What are the upper and lower bounds of people who like both coffee and tea? The answer is that we will never know • Why is a manhole cover round? for sure. Interviewing is part art and part • Two MIT grads meet, having not seen each other for 20 years. A asks, “How’ve science. But, we do know that Google and you been?” B replies, “Great! I’m married now and have three daughters.” A asks, “How many other companies (and now, perhaps, old are they?” B says,” The product of their ages is 72, and the sum of their ages is the law firms?) ask these offbeat questions, so same as the number on that building over there. Oh, and my oldest just started to play whether they work or not, they are here. the piano.” A then says, “Really? My oldest is the same age.” How old are the daughters? Poundstone ends his book with the fol- lowing advice: • A man pushed his car to a hotel and lost his fortune. What happened? “Let me end with the most important • You have twenty-five horses. How many races do you need to find the fastest three single piece of advice in the book. You can horses? You don’t have a timer, and you can run only five horses per race. improve your performance on tricky inter- • What number comes next in the following series: 10, 9, 60, 90, 70, 66? view questions by embracing trial and error. So, as is readily apparent, interviewees at Google get asked a lot of interesting and “Most people don’t. They imagine that offbeat (and, some might say, cruel) questions (answers to all the questions are also in the types of questions I’ve discussed in this the book). To be sure, Google is not the only company doing this, it just seems to have book are all about logical deduction, or the strongest reputation for it. But, perhaps the more interesting question is why such knowing arcane facts that happen to apply, offbeat brain-teasing questions? or having some rare genius termed ‘creativ- There are, of course, numerous types of questions an interviewee will be asked. There ity.’ They expect a more or less straight shot are behavioral questions (“describe a time when you had to deal with a rude customer.”, form question to answer. When instead, “what is your biggest failure in life?”), and business-related questions (“how would you they run into a dead end in their reason-

26 DSBA Bar Journal | www.dsba.org ing, they see that as a failure. Because of these false expectations, dead ends can have a disproportionate psychological ef- Delaware’s Premier fect, like awkwardly placed hazards in a golf course. The interviewee freezes up and Litigation Support Team never recovers. “There’s more evidence than ever that creativity entails trial and error. . . . Our minds are optimized to see obvious solutions to problems. Obvious solutions are generally right — except when they’re not. Then, the problem is considered ‘dif- ficult.’ The questions in this book are all designed to be difficult by frustrating our reasonable hunches. You answer them by brainstorming not-so-obvious approaches and checking them to see which works best. Creativity can be a tough slog, and some consider it boring. So-called creative people are those who don’t get bored or, at any rate, are motivated to keep plugging along. There is no magic algorithm for solving an unfamiliar problem. ‘Hell, there are no rules here,’ as Thomas Edison said. Stephen M. Conyers, CPA Edward P. Byrnes ‘We’re trying to accomplish something.’ . . . Stacey A. Wynne, CPA, CFE, CICA William A. Santora, CPA “[t]hose who succeed at today’s inter- view mind games know how to take mis- • Review & Analysis of Documents steps in stride – to relax and find ways to • Damage CalculaƟon enjoy the exploration of novel ideas. Perhaps • success is a matter not so much of being Detailed Expert Report PreparaƟon smarter, but of being less entitled. And, • DeposiƟon & Court TesƟmony tenacity is a big part of creativity. That is • RebuƩal Reports the unstated thesis of today’s interview by ordeal. As one former Google interviewer • Forensic AccounƟng said, ‘The goal is to find out where the candidates run out of ideas.’” So, at end of the day, am I smart enough to work at Google? I’d like to think so; after all, I did pass the Delaware Bar. But, at the Call 302-737-6200 or toll free 800-347-0116 same time, I also had the opportunity to work at Microsoft in the mid-80s when I graduated college and passed that up. So, maybe I’m not so smart after all. HARRIS FINKELSTEIN, PH.D. Over 20 Years of Experience in Assessment & Therapy with Children & Adolescents Richard “Shark” Forsten is a Part- ner with Saul Ewing LLP, where he Available to the Legal Profession: practices in the areas of commercial Œ S.722 Custody Evaluations – with (highly preferred) or without both parents real estate, land use, business transac- Œ tions, and related litigation. He can be Psychological Evaluations for P.I. damages to children and adolescents including trauma, abuse, anxiety and PTSD. reached at [email protected]. When Shark interviews candidates, he Licensed in DE & PA Nationally Certified School Psychologist likes to ask them to name their favorite 1300 Pennsylvania Avenue, Wilmington, DE 19806 movie, and to name the last book they read that was not for law school. (302) 594-9000

DSBA Bar Journal | December 2013 27 A Profile in Balance

By James G. McGiffin, Jr., Esquire

Kathryn Lunger: Family + Family Court = 24/7

f I aspire to be the best lawyer I can lowed him there and enrolled the next year. ily. The flexibility of her work schedule in be, I must first try to be the best per- Kit’s law school experience helped Family Court allowed her to balance her son I can be. I am fortunate to know her quickly discern her career direction. commitment to family life. At the same many lawyers who have succeeded in While at Widener, she participated in the time, she advanced in her professional Itheir work, in part, because they are excel- Juvenile Justice Outreach program and position and now serves as the Family lent people. This column in The Journal she volunteered with the Federal Public Court Unit Head, supervising a staff that will feature an article on one such lawyer. Defender for the District of Delaware. She includes nine attorneys. Working with Each featured lawyer will exemplify the art loved the work of that office and learned children in the juvenile justice system is of balance in life. I have learned much from a great deal from attorney Penny these people. Perhaps readers will also benefit. Marshall, who was with that of- - Jim McGiffin fice in those days. • • • After her May 1995 gradua- Kathryn (Kit) Lunger loves kids, tion, Kit took the Pennsylvania whether they are her offspring or her and New Jersey bar examinations clients. She has found away to satisfy this and then accepted temporary affinity in a way that is personally and legal work while she and the professionally rewarding. aforementioned Will explored the job market together. Will Kit is a native of Connecticut. While had finished his LLM at the growing up, she was an athlete, playing same time Kit got her JD. Will’s field hockey, softball and basketball, but Delaware Bar admission prob- she also developed some artistic sensibili- ably influenced Kit’s thinking on ties. She was a dancer. Kit studied ballet, the subject of where to practice, tap, and jazz dance, and competed in both and she sat for and passed the tap and jazz. She also explored musical Delaware Bar Exam in 1996. theater in high school and in community The Delaware Public Defender’s theater. office hired her that year, as well. A history major at Dickinson College, Kit started her work with the Kit developed a taste for travel. She spent a Delaware Defenders in the Ap- semester in Vienna, Austria, and a summer pellate Unit, but quickly moved in Paris, France. After graduating from over to the Family Court Unit. Dickinson, she cooled her heels for a year While some attorneys may want at home, working in human resources for to move on to practice in other courts, Kit particularly rewarding to Kit. She believes an industrial concern. Her college friends found that Family Court suited her. She that she can make a positive difference in had recommended that she consider law believed that with her particular interest their young lives. She appreciates the help school — she was opinionated and argu- in juvenile justice, she thought she could that public defenders get from the staff mentative. Coincidentally, her boyfriend make a difference. Not only had she re- psycho-forensic evaluators who provide the (now husband), Will Lunger, had decided tained her interest in juvenile justice, but attorneys with a more complete picture of to attend Widener for law school. She fol- she was thinking about her own new fam- their clients.

28 DSBA Bar Journal | www.dsba.org The Lunger household now includes two active middle school kids. Like their And the Miracle Continues mother, both Sarah and Tim are ath- By Richard K. Herrmann, Esquire letic, and they enjoy skiing, tennis, and various team sports. Both children play n December 10, 2013, Kris Kringle will begin his series of 12 competency piano, and Tim also plays trumpet while hearings in the Superior Court throughout the State. For eight years, Sarah sings. Modern children often have the Miracle Team has been recreating the Courtroom scene from Miracle complicated schedules, and these kids on 34th Street for thousands of school children. Justice Henry duPont keep Kit moving. She not only transports ORidgely, Judge James T. Vaughn, Jr., and Judge M. Jane Brady participate. This is a them, but also volunteers at their school. rare opportunity for 3rd, 4th, and 5th graders throughout the State to experience the Family time that is not busy time is also real courtroom in a very positive way. More than 14,500 children have participated important to Kit, and it is fun time, too. in the hearings. We thought we would share with you a few of the comments.” She finds both children to be “funny and engaging,” and she enjoys the time they spend bicycling and hiking together. Kit Lunger found the job that fits her interests and allows her to spend time with her family. Apparently, she really likes chil- dren — all children, and she gives herself over to them, all of the time.

James G. McGiffin, Jr., is a Senior Staff Attorney with Community Le- gal Aid Society, Inc. and a former President of the Delaware State Bar Association. He can be reached at [email protected].

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. MEDIATION/ARBITRATION

JOHN A. ELZUFON, Esq. 38 years Trial Attorney experience -- jury and non-jury. Legal background in professional liability (including medical, legal, accounting and engineering negligence), personal injury, corporate, trade secrets, construction, real estate and environmental cases. Pre legal background in engineering and construction: Engineering undergraduate degree and three years of field experience as a chemical engineer for DuPont and as a Melissa Flynn construction engineer for the U.S. Army Corps of Engineers. Executive Director Phone: (302) 658-0773 [email protected] www.delawarebarfoundation.org 302-504-3221

DSBA Bar Journal | December 2013 29 In Memoriam

Michael J. Goodrick, Esquire 1949-2013 By John S. Grady, Esquire

hat is a life well spent? Our lives cannot be judged alone by Mike Goodrick grew our profession. Even if that were the only up in Elkton, Maryland, standard, then surely Mike had a life well spent his youth hunting spent. andW fishing, and graduated from Arch- Mike had another side witnessed daily mere Academy and Georgetown Univer- by his wife, Chris, and boys Sean and sity. Sounds like a good beginning. From Liam. When Mike’s boys needed a coach Georgetown, he went to Louisiana and for baseball, soccer, or basketball, Mike graduated from Louisiana State University stepped up. When the boys became Boy School of Law in 1974. He and Chris Perry Scouts, he became a Boy Scout leader. He married, returned to Delaware, raised two took his boys on overnights in the open boys, and Mike left us on October 9, 2013. space that he loved. In between was a life well spent. In the past five years I have gotten Mike started his legal career with to know the rest of the story of Mike Thiesen and Lank. Mike was in and out of Goodrick. Mike’s son Sean married my Superior Court and Court of Chancery on niece, Julie Wozniak. Sean and Julie a regular basis, representing the citizens of have two beautiful daughters, Evelyn and Delaware in their everyday legal problems. Meredith. For the past five years, Mike Thiesen and Lank disbanded in 1999 and Mike shared a build- regularly took a two-hour lunch to spend with his wife, who ing with his lifelong friend, Dave Lank, Esquire, at 11th and was frequently babysitting the grandchildren. He also spent West Streets. Mike began to do more wills and estate planning as much time as he could with his other granddaughter, Nina. and representing many small business owners. Many of his early If we had been watching, there is much in our profession to business clients continued to come back up until his untimely be learned from the Mike Goodricks of the world. illness in May 2013. After learning of life-threatening cancer Mike did have a quirky humor and he maintained it to the in May of this year, the first thing Mike did was to try and very end. After the funeral Mass at St. Joseph’s on the Bran- take care of all of his old clients. Mike was old-school — a dywine, his son, Sean, went to the podium to deliver a few last gentleman and a scholar. remarks prepared by Mike. If you had been in the pew, you Mike represented many Social Security clients during this would have thought you were listening to Mike himself. He period. Social Security clients are special. For the most part, they summed up his life better than I can: are depressed because they are sick, they cannot work, they have been told by the government they are not that bad, and they What could I possibly regret? Forty-two years of mar- have been denied benefits. For hundreds of families, Mike was riage together, this and everything between. Thanks for their only hope. He did not earn large fees, but he stayed with every minute.... Two sons who have not always agreed with his clients and he treated them with respect. When they were my parental wisdom, but who have never for an instant denied justice, he filed appeals. Frequently, he would stay with given me anything but pride and joy.... Two daughters-in- his clients two, three, even up to five years, helping them get law who gave me three wonderful grandchildren. their benefits. For those of you who knew Mike, but not well, I’ve seen the sun rise in Paris and set from Mt. Wash- you might be surprised that behind that mustache and formal ington. I’ve had a profession that gave me almost 40 years demeanor was a kind, compassionate lawyer advocating for his of satisfaction, and occasional frustrations. I’ve fished the clients with a federal bureaucracy which was often unreasonable. Madison River, the Yellowstone River, and Lake Win-

30 DSBA Bar Journal | www.dsba.org nipesaukee, eaten some great food, and sipped a share of more great wine than I really should have. JUSTLEGALINC. If in the future you should hap- pen to think of me, I hope you . . .continuing our commitment to excellence smile.... I loved fishing, the Times puzzle and reading biographies. See, that was easy. Now relax. God bless you, Mike. Thank you for 3 ATTORNEY PLACEMENT CONTRACT, LATERALS, PERMANENT what you have given to our profession and to your family. 3 LEGAL SUPPORT STAFFING PARALEGALS, LEGAL SECRETARIES, OFFICE SUPPORT

Proud to be celebrating over 10 years in business.

JUST IN CASE • JUST IN TIME • JUST FOR YOU [email protected] www.justlegalinc.com

Delaware Southeastern PA (302) 239-5990 (610) 696-8787

WG_Warga_7.5x4.875_11813_11.7.13 11/8/13 2:35 PM Page 1

Weber Gallagher is pleased to announce Tracy Warga, Esq., former Justice of the Peace in and for Kent County, has become associated with the Firm effective October 7, 2013

www.wglaw.com

19 South State Street | Suite 100 Dover, DE 19901 [email protected] T: 302.346.6377 | F: 302.346.6380

DSBA Bar Journal | December 2013 31 Bulletin Board

Available Opportunities: DOWNTOWN WILMINGTON: POSITIONS AVAILABLE Junior corporate/commercial litigation Appr. 2000 sq. ft. office space on 2nd associate; corporate transactional part- floor in an elevator building. 2 blocks Out of state law firm seeking ner; commercial litigation and labor and from court houses. Parking available on experienced Delaware Licensed Attor- employment partners with portables; premises. Call (302) 656-5445. ney to assist in real estate transactions in junior litigation associate with financial DOWNTOWN LEWES: Approx. Delaware. Responsibilities will include background a plus and more. Please con- 3,300 sq. ft. law office space now available reviewing loan documents, examining tact [email protected] for rent. Great location on Second Street. title, disbursement of funds and per- for more information. All inquiries are Parking lot in rear, second floor space forming real estate closings. This is a confidential. serviced by elevator. A very nice space. contract position. The number of files ARBITRATORS NEEDED in Sussex Willing to subdivide to create smaller fluctuates and depends on the real estate County. The Delaware Manufactured space. Call (434) 242-9110 or e-mail market. This is a great opportunity to Home Relocation Authority (DEM- [email protected]. build and/or expand your practice. HRA) seeks arbitrators to conduct Compensation is competitive and paid Office Space Available: hearings and issue findings of fact. per closing transaction. Please fax your Office sublet available on the third floor Selected arbitrators will hear rent in- resume to: (866) 460-2240. of the Conectiv Building, 800 N. King crease disputes in manufactured home St. in Wilmington with Don Gouge and Wilmington, DE: Financial Re- communities as required by SB 33, en- John Deckers. Space consists of one win- structuring & Bankruptcy Associate. Fox acted in June 2013. Arbitrators must be dowed lawyer’s office and one assistant/ Rothschild LLP has an opening in the members of the Delaware Bar and have paralegal office. It also includes a file/copy Wilmington, DE office in the Financial training in alternative dispute resolu- room. Services include copier, conference Restructuring & Bankruptcy depart- tion. The Authority will pay reasonable room, runner etc. Space available im- ment. The ideal candidate will have at hourly rates. Interested attorneys should mediately. For more information, please least 2 to 4 years of experience in all as- send letters of interest and proposed contact Linda Martin at (302) 658-1800 pects of financial restructuring & bank- hourly rates to Susanne Lantz, Execu- or [email protected]. ruptcy including chapter 11. Representa- tive Director, DEMHRA, 1675 S. State tion of debtor experience is a plus. Can- Street, Suite E, Dover, DE 19901 or didates must be licensed to practice in the [email protected]. Real Estate state of Delaware. Strong academic record WILMINGTON LAW FI R M and excellent writing skills are required. FOR RENT: Home conveniently SEEKING FAMILY LAW ATTOR- EOE. We are currently not accepting located just 2 miles from downtown NEY: 21-lawyer firm in downtown resumes from search firms for this posi- Wilmington and PA line. Peaceful Wilmington is seeking a Family Law tion. If interested, please apply online at setting near Brandywine River, easy attorney with 5-10 years of experi- http://www.foxrothschild.com/careers/ access to Wilmington, I-95 and Trol- ence to join its Family Law depart- jobListing.aspx?id=15032391906. Cover ley Square. Two levels of newly rebuilt ment. Interested individuals with letters can be addressed to Sarah Apelquist, decks and large brick patio. Modern a current book of business should Director of Professional Recruitment. kitchen with granite countertops and contact [email protected] Morris James LLP’s Business stainless appliances. Fireplace. Garage. for details. Litigation Group seeks an as- W/D, Central AC & heat. Furnished sociate attorney with two to four years of or un-furnished. Call (302) 588-7000. experience with a finance, business or eco- nomics background. Candidates should have a strong academic record, experience Office Space Lost Will in complex corporate and commercial liti- gation and an interest in financial analy- Office for rent in a beautiful LOST WILL: Shirley J. Taylor, of Clay- sis. Delaware Bar admission is desired, historic building. Shared services and mont, Delaware. Please contact Denise but not required, although the successful facilities include conference and large D. Nordheimer, Esquire (302) 655-4500. candidate would be required to take the reception area. Some furniture available. LOST WILL: Searching for Last Will Delaware Bar at the earliest opportunity. Reasonable rent. Excellent opportunity and Testament for Walter Renold Taplin Please submit a cover letter, resume and to open a new practice or continue a Jr. of New Castle DE, DOD 9/27/13. law school transcript to Deborah Cook at small practice in a collegial atmosphere Contact Edward Rosenthal (302) 656-4433 [email protected]. Call Bayard Marin (302) 658-4200. or [email protected].

32 DSBA Bar Journal | www.dsba.org 2014 Delaware High School Mock Trial Competition

Call for Judge Volunteers

The Delaware High School Mock Trial Committee and Delaware Law Related Education Center invite you to join us as a judge volunteer for the 2014 Delaware High School Mock Trial Competition. The Competition will take place at the New Castle County Courthouse, 500 N. King Street, Wilmington, Delaware on Friday, February 21, and Saturday, February 22, 2014. The time commitment to judge a round is approximately four hours. This time includes an orientation for volunteers prior to your scheduled round, judging the competition round, and student debriefing after the round. To learn more about the Delaware High School Mock Trial Competition and the Delaware Law Related Education Center, please visit www.delrec.org or contact Pat Quann at [email protected] or Jason C. Jowers at [email protected].

Please complete the form below and fax it to Margie Touchton, Judge Volunteer Coordinator, at 302- 571-1750, or download a copy of the form from www.delrec.org, and email it to [email protected]. Confirmation of assignments will be sent out by email by early February, along with a confidential bench brief, competition details, and information about obtaining CLE credit for your participation.

2014 JUDGES INTEREST FORM DELAWARE HIGH SCHOOL MOCK TRIAL COMPETITION

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

Address: ______Firm, Court, or Agency

______

Phone: ______Fax: ______

Email Address ______

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

Dates you are available for the 2014 Competition (if you are available for more than one date or time, please indicate your preference) Friday Session Start Times: 8:15 a.m. and 12:30 p.m. Saturday Session Start Times: 8:00 a.m. and 12:00 p.m.

Friday 2/21 AM ______Saturday 2/22 AM ______

Friday 2/21 PM ______Saturday 2/22 PM ______

Questions about signing-up to judge a round? Please contact Margie Touchton at [email protected] or 302-888-6976.

2403326/2 DSBA Bar Journal | December 2013 33 judicialThe By Susan E. Poppiti, Esquire Palate Holiday Foods from Around the World Enjoy the special season of holidays with a word search containing holiday foods from around the world. The first reader to e-mail me his or her solutions will receive a bottle of Prosecco to help celebrate the New Year…Cheers!

C K B A H M I N C E P I E B R I G

A S UC FK BS A HL MT I E N DC CE OP DI ES BC R J I L G B W LA GS KU FV SP AQ L B T OE TD IC OU DQ SO C C J O L J E GB OW EL GO KA VK P H Q BB LO AT RI UM QL OO C G O S E OJ AE TG OL ED OA A E K RH BB RL AE RG MN L I O G G P T US TE OJ AV TS LC D R A ME TR MB RA ED GA N P I S G L P PP PT CU TA JI VK S R C BR LM WT MO AA DN A A P Z S E O LL VP PI P CZ AV I I K NR AB UL WE OE AO N P A D Z E O L V I P Z V I N A U E E O P D O T UO CT HU CE HS ET S N T UN TU ST VS VR RR R R R X X N A MN WA MQ WI QR IU R G U RG OR NO N NB BA A I I P P E T PE HT PJ MH JT MO T N O ON OO YO YE EN NK K K K W W D O UD YO US YE SN EE N G E MG ZM RZ RI IR RA A A A S S E P DE NP KD NU KT UY T A Y I A EI XE XL LO OM MS S E E H I DH SI DL ST LE T J E X J I X EI PE OP OC CO OH H NN C E I C TE UI TD UL DA L T A KT EK SE SF FK KL L H H O O U R N S G E C R K W R V F P E Q T U R NB SP G KE YC AR U K B W Z RB VQ AF UP SE MQ F T S B P GC KD YJ GA FU OB I Z E BG QR AA US RS OM MF G S O C D J S GM FE OL TI SE S G I RN AI SL BR TO AM D G A O T S M EL LY TF HS IS NI E N M I F LR BD OT SA ED J A P T Y L Y F H I N E M F R D O S E J P Y

Smelts Buche de Noel Paprikash Tostones Foie gras Sweet potato pie Smelts Glogg Buche Kugel de Noel PaprikashJamon Tostones Brisket Foie grasYams Sweet Mince potato pie pie Glogg Kutya Kugel Pavlova JamonGoat Brisket Gingerbread Yams Salted cod Mince Cornbread pie Kutya Herring Pavlova Plum pudding GoatLatkes GingerbreadMelomakarona Salted Babka cod CornbreadBlinis Herring Chestnuts Plum Goose pudding LatkesPierogies Tourtiere Coquito Struffoli Melomakarona Babka Blinis Susan E. Poppiti, is a mathematics teacher at Ursuline Academy High School and managing member and cooking Chestnutsinstructor for L a Cucina di Poppiti, GooseLLC and can be reached at [email protected]. Pierogies Other recipes and cooking tips are Tourtiereavailable on Susan’s new food blogCoquito at www.cucinadipoppiti.com. Struffoli

34 DSBA Bar Journal | www.dsba.org

The 2014 Delaware Legal Directory The Delaware State Bar Association Delaware Legal Directory is the only comprehensive up-to-date listing of all Delaware attorneys and judges, including address, telephone number, fax number, and e-mail address. The Delaware Legal Directory also contains contact information for the Delaware Court System and related offices frequently contacted by legal professionals.

Comprehensive Listings Extensive References • Entries for over 4,500 Delaware attorneys & judges • Listing of Delaware firms with names of • Names, addresses, phone and fax numbers every partner and associate • E-mail addresses • Law-related organizations and programs • Photographs • Courts and government

• Supreme Court ID Numbers • DSBA information and contact persons • Year admitted to the Delaware Bar Convenient Format Member Benefit • Easy to use 5.5” x 8.5” wirebound book • Every member of the Association receives one free copy.

• Tabbed, labeled dividers • For additional copies, please see order form below.

2014 Delaware Legal Directory Order Form Please fill out all information. Incomplete order forms will delay processing. Name: ______Bar ID: ______Firm: ______Phone: ______Address: ______

DSBA MEMBERS AND THEIR STAFF: QUANTITY TOTAL • NEW copy ...... ______x $40.00 each $______SUBTOTAL: $______

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SHIPPING:  please ship order (add shipping charges)  order will be picked up (no charges apply) • $10.00 1st copy, $4.00 each add’l copy...... SHIPPING TOTAL: $______ORDER TOTAL: $______

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MasterCard  Visa  Amex  Discover  Card #______Billing Zip Code: ______

Signature: ______(Required for credit card purchases) Expiration Date : ______

Mail order to: Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE 19801 FAX: (302) 658-5212 QUESTIONS? Call (302) 658-5279

DSBA Bar Journal | December 2013 35 Morris James LLP is pleased to congratulate the lawyers listed below, whose professional peers recommended them as among the best lawyers in Delaware in their practice areas in a survey of Delaware attorneys conducted and published by Delaware Today magazine.

Mary M. Culley Lewis H. Lazarus

Elder Law Corporation Law Richard Galperin Joseph R. Slights, III

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