MarchMarch 2011 2011 • •Volume Volume 34,34, NumberNumber 8

In This Issue: • Nominations Sought for Bench and Bar Award • The Combined Campaign for Justice Donor List • Upcoming CLE Seminars

March 2011 • The Journal of The State Bar Association 1 padua academy dinner in Honor of

Women’s2011 Achievement

Honoring H er excellency Mary Ann Glendon Ambassador to the Vatican w New York Times Best Selling Author of A World Made New and Abortion and Divorce in Western Law w Learned Hand Professor of Law at Harvard Law School w President of the Pontifical Academy

THursday, may 12, 2011 6:00 Reception w 7:00 Dinner and Program

cHase cenTer on THe riverfronT 815 Justison Street w Wilmington, Delaware

purcHase your TickeTs Today by visiting www.paduaacademy.org or contacting Doreen Dixon at 302-421-3765. General admission tickets are $125 and include admission to the general reception, dinner, and program. Education (student and teacher) tickets are available for $75.

for sponsorsHip opporTuniTies contact Chad Kifer at 302-421-3765 or [email protected]

www.paduaacademy.org The Journal of the Delaware State Bar Association is published monthly with a combined July/August issue by Delaware State Bar Association 301 North Market Street Wilmington, DE 19801 March 2011 Volume 34 • Number 8 302-658-5279 (From Kent and Sussex Counties) 800-292-7869 FAX: 302-658-5212 www.dsba.org President FEATURES Matthew M. Greenberg Executive Director 10 Report: Results of the Midyear Meeting of the ABA House of Delegates Rina Marks By William D. Johnston, Esquire Editorial Board David W. deBruin 13 Nominations Sought for Bench & Bar Award Michael L. Sensor Seth L. Thompson 16 2010 Combined Campaign for Justice Donor List

Executive Committee Liaison Theresa V. Brown-Edwards Vice President-at-Large Publications Editor Rebecca Baird

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

The Bar Journal is the independent journal 4 President’s Corner of the Delaware State Bar Association. It is a forum for the free expression of ideas 6 Editor’s Perspective on the law, the legal profession and the 12 Ethically Speaking administration of justice. It may publish articles representing unpopular and 20 DE-LAP Zone controversial points of view. Publishing and 22 Book Review editorial decisions are based on the quality of writing, the timeliness of the article, and 26 Judicial Palate the potential interest to readers, and all articles are subject to limitations of good taste. In every instance, the views expressed are those of the authors, and no endorsement of those views should be inferred, unless specifically identified as the policy of the Delaware State Bar Association.

All correspondence regarding circulation, subscriptions, or editorial matters DEPARTMENTS should be mailed to: Editor, DSBA Bar Journal Delaware State Bar Association 8 Calendar of Events 301 North Market Street Wilmington, DE 19801 9 Section & Committee Meetings or e-mailed to: [email protected] 24 Bulletin Board All inquiries regarding advertising should 24 Disciplinary Actions be directed to the address above, Attention: Advertising, Bar Journal. 27 2011 Delaware Legal Directory Order Form

Letters to the Editor should pertain to recent articles, columns, or other letters. Please limit to 250 words. Unsigned letters are not published. All letters are subject to editing. Send letters to 301 North Market Street, Wilmington, DE, 19801, Attention: Editor, Bar Journal. Cover Photo Credit: © Garcea | Dreamstime.com

3 The Journal of The Delaware State Bar Association • March 2011 President's Corner

By Matthew M. Greenberg, Esquire

just returned from the Midyear practitioners around the country are agree that to survive they must embrace Meeting of the ABA, which took working to develop innovative solutions new technologies, DSBA wants to be in place in Atlanta in February. for this important segment of the Bar. a position to help them get there. ThereI were many issues addressed at this These changes go beyond social media In addition to moving forward with conference, all affecting and the developments. Lawyers must develop technological assistance, the DSBA practice of law locally and nationally. tools to develop and maintain existing wants to ensure that we continue to Some of the most important discussions business; to remain in contact with cli- provide our membership with benefits I attended at this conference, however, ents who demand instant responses; to and services that support all of our were those that examined the funda- perform work for clients more quickly members. The DSBA provides members mental changes which are occurring and efficiently; and to administer their with numerous services for you to take in the practice of law and their impact practices. advantage of including: on all lawyers—especially • Continuing Legal on a majority of our col- Education. The DSBA leagues who practice in I urge you to contact the DSBA with offers approximately 40 solo or small practices. your suggestions and ideas so that courses annually. Led by Programs and conversations we can continue to be a valuable local practitioners and schol- addressed globalization, asset to your practice and provide ars, as well as invited guest inter-state licensing, and; speakers, the seminars are most notably, the growing you with the membership benefits offered at various levels of number of offerings of legal you need. expertise, to reach new and services on the internet. experienced lawyers. The The discussions at the One of the plenary speakers, Rich- programs cover numerous conference covered several aspects of ard S. Granat, a Maryland resid- areas of law and are geared to helping these debates: Should inter-state licens- ing in Florida, expressed his view that Delaware lawyers stay on top of fast- ing be allowed? Should it be extended the key to survival of the solo and small changing legal developments and fulfill to out-of-the-country lawyers, as well? law firms in this new environment is their CLE requirements. Almost all of How will it impact the practice of law to expand their strategic options by these courses are available live throughout in each state? Not surprisingly, in the widening their client base and open- the state as a result of the technological discussions occurring throughout the ing new client markets. They can do advancements we have implemented over country, members of the profession are so by embracing technology, accord- the past few years. on all sides of these issues. ing to Mr. Granat. Participants at the • Sections and Committees. As The profusion of legal services of- meeting agreed that combining digital the practice of law becomes more spe- fered on the Internet and the Internet’s applications with traditional human cialized, and life in the legal profession ancillary impacts on the practice of service is a way to increase small law becomes increasingly more complex, the law are two areas attracting the most firm profit margins, without increasing Bar Association offers its members the attention and concern. This is espe- the amount of time the attorney spends opportunity to increase expertise and cially challenging for small and solo on each transaction. expand professional contacts through practitioners as they try to integrate and DSBA is planning to open a dialogue membership in its many sections and adjust to rapidly evolving technology with the Small Firms and Solo Practitio- committees. Membership in sections and its requirements. Technological ners Section to gain a full understanding allows lawyers to meet colleagues who advancements can be challenging and of how the DSBA can develop solutions share their interest in a special field costly for practitioners to implement. for this large percentage of our Bar. If our of law, to receive section publications, Bar Associations and small and solo Delaware small firms and solo practitioners and to receive advance notification of

March 2011 • The Journal of The Delaware State Bar Association 4 proposed legislation. Membership in volved in drafting and revising federal forms, practice aids, and resources that committees provides an opportunity for and state legislation that impacts our practitioners regularly use to the DSBA leadership in service to the Bar Associa- practice and our community. We work website. While we plan to work with tion, to the legal community and to the with our lobbyist to ensure that this sections and committees of the DSBA public in numerous areas. critical legislation is enacted. to develop additional services, I urge you • Delaware Lawyers Assistance • Pro Bono Coordination and to contact the DSBA with your sugges- Program and Wellness Education. This Support. Through our new pro bono tions and ideas so that we can continue program was established to confidential- coordinator, the DSBA has implemented to be a valuable asset to your practice ly assist lawyers who experience problems a program to coordinate pro bono efforts and provide you with the membership that interfere with their personal lives or in Delaware and support lawyers and benefits you need. their ability to serve as lawyers. In addi- legal service providers in providing pro tion, the DSBA offers weekly wellness bono assistance to Delawareans in need. programs to assist lawyers in addressing • DSBIS. The DSBA has formed the stress of daily practice. DSBIS, its wholly-owned subsidiary, to • Publications. The DSBA pub- provide a full-service source of business, lishes this magazine to inform lawyers professional, and personal insurance cov- Visit the as to developments in the Bar Associa- erage at competitive prices for members. tion and the profession. The DSBA also We realize that we can do more to Delaware State publishes the Delaware Law Review and provide our members services, particu- the Delaware Legal Directory. As an ad- larly for small and solo practitioners. The Bar Association ditional service to be offered this year, Bar Association is currently evaluating we expect to have an “app” that will implementation of several additional website at allow you to access the legal directory benefits for members including: web de- www.dsba.org on your phone. sign and hosting services; computer sup- • Lobbying and Legislation. The port and assistance; discounted pricing Bar Association and its sections are in- for frequently used services; and linked

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5 The Journal of The Delaware State Bar Association • March 2011 Editor’s Perspective

By Seth L. Thompson, Esquire

This Has Everything To Do with the Law

f my timing is right, when this issue my measured and stoic father’s borderline 1) Who is going to fill the hole in the arrives in the office’s morning mail giddy phone call, at a time when both of Yankees’ rotation?; and 2) Will Andy Pet- along Bedford Street, I should be us would have otherwise been asleep, on a titte be inducted into the Hall of Fame in Iin a plane somewhere over the Georgia/ day of the week when we would not have Cooperstown some day? My immediate Florida border, simmering on the way spoken outside of some emergency. That response to the former was, whomever to a boil in terms of excitement. When call was less a conversation and more a se- the Steinbrenners buy from a struggling the wheels touch down in Tampa, one of ries of excited statements, predominantly team in a small market prior to the trade Philadelphia’s aces will be completing his focused on the performance putting to deadline. On the latter, my gut reaction warm-up at Brighthouse Field just across bed any thought of Doc Halladay suffer- was, no. I had not measured any of Pet- the causeway in Clearwater. ing from “nerves” during his first career titte’s career statistics to those currently Five years ago, my first visit to Phil- playoff start. It proved to be a fitting enshrined and then factored in the whole lies spring training felt like a trip back to beginning to a post-season career for a performance-enhancing drugs quagmire. a time I have only seen in I just recalled watching him photographs and the images pitch and how I felt. Other conjured by great writing, There is the need to remain ever- than suits, I’ve never worn when all ballgames were vigilant and to re-focus our efforts pinstripes; my curve does during the day, stadiums not complement a fastball held under 10,000, and the until the repetition of professional in the mid-90s; and my players made it a point to conduct becomes ingrained into pick-off move to first base sign autographs afterward. muscle memory. is the opposite of decep- It also brought back memo- tive. Still, I felt comfort- ries of my initial glimpses of able spontaneously judging the Grapefruit League games—in Vero workhorse player who, by all accounts, Pettitte’s credentials, then listening to Beach, a.k.a Dodgertown, while visiting is the first one to arrive in the morning the commentators’ comparative analysis my grandparents. and the last to leave, dating back to the until I reached the parking garage. Just as wins and expectations have moment he joined the team. (Contrast The destination for the drive that piled higher and higher since then, so this with former Phillie John Kruk, who Friday was the American Inn of Court has the number of attendees. This time is credited with responding to a question Third Circuit Leadership Summit in around, I do not expect Jimmy Rollins about his seemingly improper eating and snow-piled Philadelphia. Judge Ambro to approach my group and ask to sign drinking habits by saying, “Lady, I’m spoke and enumerated these eight keys something, as he did in 2007. However, not a professional athlete, I’m a baseball to developing professionalism: if he does, it will be a great opportunity player.” What a difference in perspective.) 1. Mentoring; Most likely, even if the opportunity arose, to express my gratitude—for getting a 2. Having a sense of history (e.g., virtually all of that would go unsaid, re- twenty-five-year-old growing gorilla off Judge Seitz’s decision on integrating duced to “Thank you,” and a large part the collective back of the Philadelphia fan schools); base who, prior to the 2008 World Series, of me expects Halladay’s response would 3. Preparing; had not enjoyed a parade down Broad be, “It’s my job.” Street since the 1983 Sixers; and for the Pitching is no longer Andy Pettitte’s 4. Reading (as your means of invest- deluge of congratulatory text messages my job, as he announced his retirement ing intellectual capital, with speaking and friends and I exchanged after the clinching from baseball at the end of January. As writing as expending said capital), with game. Ideally, there will also be a chance to I drove up Route 1 that morning, the an emphasis on materials outside of work; tell Roy Halladay just how much last year’s sports radio circuit was buzzing with the 5. Lacking ego, since the profession playoff no-hitter meant, as evidenced by news, followed chiefly by two questions: is, after all, a service to others;

March 2011 • The Journal of The Delaware State Bar Association 6

6. Observing civility/dignity;

7. Keeping credibility, formed by always telling the truth; 8. Following your conscience.

With guidance now on how to attain professionalism, the question became how to recognize professionalism. The HUDSON, JONES, JAYWORK & FISHER, LLC audience was asked to ponder how to identify professionalism in the legal field, HUDSON,Is JONES, pleased JAYWORK to announce & that FISHER, LLC and into my head popped David Halbers- Adam C. Gerber tam’s quote: “Being a professional is doing Is pleased to announce that has joined the Firm as an Associate your job on the days you don’t feel like Adam C. Gerber doing it.” Judge Ambro then articulated hasHis joined primary the areas Firm of as practice an Associate are the following guideposts for gauging professionalism: His primaryLandlord areas Tenant of practice Law are 1. Skepticism without cynicism; Employment Law 2. An ability to admit a weakness and LandlordCivil Litigation Tenant Law properly deal with it; EmploymentReal Estate Law Civil Litigation 3. Perspective over the personal ele- Real Estate ment; Mr. Gerber will work in our Dover Office

4. An ability to show mercy; 225 South State Street Mr. Gerber willDover, work DE in19901 our Dover Office 5. An ability to know when enough 225 302-734-7401South State Street is enough. Dover, DE 19901 Recognizing the difficulty in defining 302-734-7401 specific boundaries, Judge Ambro noted that it, nevertheless, may be akin to Jus- tice Stewart’s test for obscenity, “I know it when I see it.” That is, in all likelihood, the same standard that guides our clients, co- workers, adversaries, and any others with whom we come in contact. Hence, there is the need to remain ever-vigilant and to re-focus our efforts until the repetition of Bayard professional conduct becomes ingrained into muscle memory. I employed Justice ElEcts NEw dirEctor Stewart’s test in passing instantaneous JamiE l. EdmoNsoN judgment on Andy Pettitte’s Hall of Fame chances earlier that morning and only afterward listened to specific facts. Jamie focuses her practice in the areas of Call me a homer, but I suspect I will commercial bankruptcy, restructurings, come to a different conclusion on Hall insolvencies, liquidations, representation of of Fame potential with Halladay, when- debtors, statutory committees, lenders, and ever I first catch wind of his retirement asset purchasers. (hopefully a long time from now). I’ll think of that no-hitter in his first play- off appearance, when stakes were most high, and the phone call afterward, and I’ll recall the stories of the multiple Cy Young Award winner still being the one to turn the training facility’s lights on in the morning and out at night.

7 The Journal of The Delaware State Bar Association • March 2011 Calendar of Events Executive March 2011 Committee Thursday, March 3, 2011 Morning Basic Trusts for Real People Second in the Estate and Trust Planning, Estate Administration, and Members Related Tax Issues Series

3.5 hours CLE credit Matthew M. Greenberg Live at Delaware State Bar Association, Wilmington, DE President Webcast to Tunnell & Raysor in Georgetown, DE and James G. McGiffin, Jr. Community Legal Aid Society in Dover, DE President-Elect

Thursday, March 3, 2011 Afternoon Theresa V. Brown-Edwards The Basics of Special Needs Trusts Vice President-at-Large Third in the Estate and Trust Planning, Estate Administration, and Robert J. Krapf Related Tax Issues Series Vice President, 3.0 hours CLE credit New Castle County Live at Delaware State Bar Association, Wilmington, DE Emily A. Farley Webcast to Tunnell & Raysor in Georgetown, DE and Vice President, Community Legal Aid Society in Dover, DE Kent County Margaret R. Cooper Friday and Saturday, March 4-5, 2011 Vice President, Women and the Law Retreat: Topics for Successful Women Lawyers Sussex County 6.0 hours CLE credit Miranda D. Clifton The Bellmoor, Rehoboth Beach, DE Secretary

Karen Jacobs Louden Assistant Secretary

April 2011 Gregory B. Williams Treasurer Tuesday, April 5, 2011 Yvonne Takvorian Saville Short Topics in Real Estate Assistant Treasurer 3.0 hours CLE credit Live at Delaware State Bar Association, Wilmington, DE Benjamin Strauss Past President Webcast to Tunnell & Raysor in Georgetown, DE and Community Legal Aid Society in Dover, DE The Honorable Mary M. Johnston Tuesday, April 19, 2011 Judicial Member Labor and Employment Law Update 2011 Jeremy Douglas Anderson Delaware State Bar Association, Wilmington, DE Assistant to President

Michael Houghton Wednesday, April 20, 2011 Legislative Assistant Small Firms and Solo Practitioner Seminar Delaware State Bar Association, Wilmington, DE William Patrick Brady Crystal L. Carey Arthur G. Connolly III Doneene Keemer Damon Jill Spevack Di Sciullo Richard Montgomery Donaldson David J. Ferry, Jr. Richard A. Forsten Danielle Gibbs Brenda James-Roberts Albert H. Manwaring IV Members-at-Large

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March 2011 • The Journal of The Delaware State Bar Association 8 Professional Section & Committee Meetings Guidance Committee This committee provides peer counseling and support to lawyers overburdened by March 2011 personal or practice-related problems. It Monday, March 7, 2011 • 12:30 p.m. offers help to lawyers who, during difficult Senior Lawyers Committee Monthly Luncheon Meeting times, may need assistance in meeting law Delaware State Bar Association, 301 North Market Street, Wilmington practice demands. The members of this committee, individually or as a team, will Tuesday, March 8, 2011 • 12:15 p.m. help with the time and energy needed to Small Firms and Solo Practitioners Section Meeting keep a law practice operating smoothly and Delaware State Bar Association, 301 North Market Street, Wilmington to protect clients. Call a member if you or someone you know needs assistance. Thursday, March 10, 2011 • 5:30 p.m. Litigation Section’s Reception with the Superior Court (Members Only) Karen Jacobs Louden, Co-Chair I. Barry Guerke, Co-Chair Hotel du Pont, 11th & Market Streets, Wilmington Dennis L. Schrader, Co-Chair Monday, March 14, 2011 • 4:30 p.m. Sidney Balick Worker’s Compensation Section Meeting R. Franklin Balotti Victor F. Battaglia, Sr. Young Conaway Stargatt & Taylor LLP, 1000 West Street, Wilmington Dawn L. Becker Tuesday, March 15, 2011 • 12:30 p.m. Robert K. Beste, Jr. Labor & Employment Section Meeting Vincent A. Bifferato, Sr. Amy K. Butler Richards, Layton & Finger, P. A., 920 North King Street, Wilmington Mary C. Boudart Thursday, March 17, 2011 • 12:00 p.m. Crystal L. Carey Executive Committee Meeting Michael D. Carr Ben T. Castle Delaware State Bar Association, 301 North Market Street, Wilmington Thomas P. Conaty IV Thursday, March 17, 2011 • 3:00 p.m. Edward Curley Law and the Elderly Committee Meeting Matthew Denn Gary R. Dodge Law Office of William W. Erhart, P.A.,1011 Centre Road, Suite 117, Wilmington Shawn Dougherty Wednesday, March 23, 2011 • 4:00 p.m. Mark F. Dunkle Family Law Section Meeting David J. Ferry, Jr. David C. Gagne Kelleher & Laffey, 1509 Gilpin Avenue, Wilmington Robert D. Goldberg Friday, March 25, 2011 • 12:30 p.m. James D. Griffin Social Security Disability Section Meeting Thomas Herlihy III Glenn E. Hitchens Linarducci & Butler, PA, 910 West Basin Road, Suite 100, Wilmington Clay T. Jester Monday, March 28, 2011 • 12:00 p.m. Hon. Peter B. Jones Corporate Counsel Section Meeting Richard I. G. Jones, Jr. Rebecca Batson Kidner Delaware State Bar Association, 301 North Market Street, Wilmington Bayard Marin Monday, March 28, 2011 • 12:00 p.m. James J. Maron Section Chair and Executive Committee Joint Meeting Wayne A. Marvel James G. McMillan III Delaware State Bar Association, 301 North Market Street, Wilmington Omar Y. McNeill Monday, March 28, 2011 • 4:00 p.m. Michael F. McTaggart Taxation Section Meeting Francis E. Mieczkowski, Jr. Paulette Sullivan Moore Morris Nichols Arsht & Tunnell LLP, 1201 North Market Street, Wilmington Irving Morris Michele L. Muldoon April 2011 Frank E. Noyes II Elizabeth Y. Olsen Monday, April 4, 2011 • 12:30 p.m. Donald E. Reid Senior Lawyers Committee Monthly Luncheon Meeting David B. Ripsom Delaware State Bar Association, 301 North Market Street, Wilmington James B. Ropp Kenneth M. Roseman Tuesday, April 5, 2011 • 3:30 p.m. Leonara Ruffin Estates & Trusts Section Meeting Thomas D. Runnels Young Conaway Stargatt & Taylor LLP, 1000 West Street, Wilmington H. Murray Sawyer, Jr. R. Judson Scaggs, Jr. Wednesday, April 6, 2011 • 12:00 p.m. Mary E. Sherlock Multicultural Judges and Lawyers Section Teleconference Gordon W. Stewart Thursday, April 7, 2011 • 4:00 p.m. Edward A. Tarlov Hon. Charles Toliver Real & Personal Property Section Annual Meeting Karen L. Valihura Delaware State Bar Association, 301 North Market Street, Wilmington Piet H. van Ogtrop Monday, April 11, 2011 • 4:30 p.m. Kevin E. Walsh David A. White Worker’s Compensation Section Meeting David N. Williams Young Conaway Stargatt & Taylor LLP, 1000 West Street, Wilmington Helen L. Winslow Tuesday, April 12, 2011 • 12:15 p.m. Hon. William L. Witham, Jr. Psychiatrist - Dr. Carol Tavani Small Firms and Solo Practitioners Section Meeting Delaware State Bar Association, 301 North Market Street, Wilmington

9 The Journal of The Delaware State Bar Association • March 2011 Report: Results of the Midyear Meeting of the ABA House of Delegates By William D. Johnston, Esquire

his is to report on the results Professional Conduct, and opposed at- • Urged federal, state, tribal, local, of the Midyear Meeting of the tempts by persons or institutions outside and territorial governments to use elec- American Bar Association’s law schools to interfere in the ongoing tronic monitoring and home detention at HouseT of Delegates. activities of law school clinical programs government expense for juvenile offend- The House of Delegates is the and courses (Resolution 100A); ers who are legally eligible for secure de- 560-member policymaking body of the • Amended the Model Rule for tention, but whose risk of flight or further ABA. Members of the House met on Admission by Motion, dated February offending does not require secure pre-trial Monday, February 14, at the conclusion 2011, to eliminate provisions that prohibit detention or incarceration (104D); of the Association’s Midyear Meeting in-house counsel and judicial law clerks • Urged Congress to enact legisla- in Atlanta. The “Delaware Delegation” from qualifying on the basis of practice tion amending Title 10, United States comprised of The Honorable Henry du performed in the jurisdiction where Code, to permit the payment of military Pont Ridgely (Delegate from the Ap- admission on motion is being sought Survivor Benefit Plan benefits to a special pellate Judges Conference of the ABA (100C); needs trust for the benefit of a disabled Judicial Division), Harvey Bernard Ru- • Urged states and territories to beneficiary (105); benstein (Delaware’s State Delegate), and adopt the Model State Code of Military • Urged federal, state, tribal, ter- yours truly (State Bar Delegate). Justice and the Model Manual for Courts- ritorial, and local officials to prevent The session of the House convened Martial to provide an updated body of and remediate the existence and dangers with remarks from Representative John law for military forces not subject to the of bullying, including cyberbullying Lewis of Georgia. Congressman Lewis, Uniform Code of Military Justice when and youth-to-youth sexual and physical a leader of the civil rights movement, military forces are serving under the ex- harassment, by defining these acts and encouraged delegates to keep pushing clusive jurisdiction of Chapter 47 of Title developing education programs to assist for justice. (The next day, Congress- 10, United States Code (103); teachers, parents and children in identi- man Lewis was awarded the Medal of • Urged federal, state, territorial, fying victims and enhancing appropriate interventions (107A); Freedom by President Obama.) The tribal, and local courts to adopt a pro- House also heard from Texas Supreme cedure whereby a criminal trial court • Urged federal, state, territorial, Court Chief Justice and President of the shall disseminate to the prosecution and tribal, and local governments to create Conference of Chief Justices Wallace B. defense a written checklist delineating in and provide appropriate support for Youth Jefferson. Chief Justice Jefferson, Texas’ detail the general disclosure obligations of or Teen Courts that will divert youth first African-American justice and chief the prosecution under Brady v. Maryland, from the formal consequences of juvenile justice, addressed the funding crisis that 373 U.S. 83 (1963), its progeny and ap- court petitions, proceedings, adjudica- confronts courts throughout the nation. plicable ethical standards (104A); tions, or juvenile justice sanctions (107B); ABA President Stephen N. Zack like- • Urged Congress to amend 28 • Urged federal, state, tribal, ter- wise emphasized the need for adequate U.S.C. §§ 2241(d) and 2255(f)(1) to ritorial, and local legislative bodies and funding of courts if they are to fulfill provide equitable tolling of the one-year governmental agencies to enact laws and their constitutional mandates. And, he statute of limitations for filing for post- implement policies to ensure the humane underscored the critically important need conviction relief when the prisoner who treatment and disposition of seized ani- for civic education and for the funding of has an attorney has timely requested mals in a timely manner (108B); legal services for the poor. post-conviction counsel to file a § 2254 • Approved the Uniform Partition of As before, various resolutions were petition or a § 2255 motion (104B); Heirs Property Act, promulgated by the withdrawn from presentation to the • Urged the U.S. Sentencing Com- National Conference of Commissioners House for additional vetting with inter- mission to assess current federal policy on Uniform State Laws in 2010, as an ested groups within the ABA. Resolutions regarding sentences for economic crimes appropriate Act for those states desiring presented to, and adopted by, the House and, based on that assessment, to recon- to adopt the specific substantive law sug- during the session included those that: sider its approach to ensure that the guide- gested therein (109A); • Reaffirmed support for the prin- lines are proportional to offense severity • Approved the Uniform Faithful ciples of law school self-governance and by reevaluating emphasis on monetary Presidential Electors Act, promulgated by academic freedom, as well as ethical inde- loss and combinations of multiple specific the National Conference of Commission- pendence of law school clinical programs offense characteristics that overstate the ers on Uniform State Laws in 2010, as an consistent with the ABA Model Rules of seriousness of the offense (104C); appropriate Act for those states desiring

March 2011 • The Journal of The Delaware State Bar Association 10 to adopt the specific substantive law sug- cal practice guidelines or standards re- grant funding for programs to meet this gested therein (109B); garding patient care and safety that are requirement (300). • Approved the Uniform Electronic created by independent organizations Of note is that the Delaware State Recordation of Custodial Interrogations comprised of experts, recognizing the Bar Association co-sponsored Resolution Act, promulgated by the National Confer- need to incorporate updates on a con- 10A (addressing the Federal Judiciary’s ence of Commissioners on Uniform State tinuous basis, and further recognizing Case Management/Electronic Case File Laws in 2010, as an appropriate Act for that such guidelines are not necessarily system) and Resolution 10E (addressing those states desiring to adopt the specific synonymous with the applicable stan- funding of the Legal Services Corpora- substantive law suggested therein (109C); dard of care in any particular jurisdic- tion). Also of note is that Delaware’s own tions (113); • Approved the 2010 Amendments Michael Houghton of Morris Nichols to Article 9 of the Uniform Commercial • Urged Congress to enact legisla- Arsht & Tunnell LLP, as a Commissioner Code, promulgated by the National tion to reform the Toxic Substances of the National Conference of Commis- Conference of Commissioners on Uni- Control Act (118); sioners on Uniform State Laws, did an form State Laws in 2010, as appropriate • Supported the ongoing efforts by excellent job speaking in favor of Resolu- amendments to that Act for those states the Administrative Office of the United tion 109D (amendments to Article 9 of desiring to adopt the specific substantive States Courts to update and enhance the Uniform Commercial Code). law suggested therein (109D); the functionality of the Federal Judi- For a full recap of the business that • Approved the Uniform Military ciary’s Case Management/Electronic came before the House of Delegates, and Overseas Voters Act, promulgated by Case File system, to continue to meet please see www.abanow.org. the case filing needs of judges, cham- the National Conference of Commission- * * * bers, clerks’ offices, the bar, debtors, ers on Uniform State laws in 2010, as an Three quick “pitches,” if you’ll in- litigants, claimants, trustees, and other appropriate Act for those states desiring dulge me: to adopt the specific substantive law sug- users in light of changing technology gested therein (109E); (10A); First, as I’ve urged previously, if by chance you currently are not a member • Urged Congress to enact legisla- • Supported efforts by the Law of the ABA, please consider joining (or Library of Congress and the Library of tion similar to H.R. 1956 and S.B. 3989 re-joining). If you currently are a mem- Congress to create and continue programs (111th Congress) that would amend the ber, many thanks, and please encourage that (1) develop, maintain, and enhance federal tax code to let states recover your colleagues to join. the Law Library’s services, facilities, op- overdue debts due to them, including erations, and staff, and the acquisition court-ordered victims’ restitution, fines, Second, the benefits of ABA membership of materials and their preservation and fees, and costs, by intercepting federal are many. Please see www.americanbar.org. care, and (2) utilize the best technologies tax refunds that are due to the non- One of the most recently-added ben- and methods available to make the Law indigent debtors who owe the debts to efits is “AirMed.” In short, it is a health Library’s vast and growing collections the state (10B); insurance enhancement that will pro- vide for medical evacuation by air to accessible (110); • Urged the United States House your home hospital if you and/or your • Supported evaluation of inventions of Representatives to restore the right family members are outside the U.S. relating to DNA technology by the same of District of Columbia citizens to have (or in certain states) and run into an uniform standards that apply in evaluat- their elected Congresswoman vote on emergency. Already, the economical ing patent eligibility of inventions relat- proposed legislation considered by the coverage has been popular with nu- ing to other natural materials or subject House in Committee of the Whole merous ABA members. Please see matter, and opposed new exclusionary (10C); www.airmed.com/abi. rules for DNA that go beyond the long- • Opposed any proposal to cut Finally, the American Bar Association standing exceptions to patent eligibility funding to the Legal Services Corpo- Fund for Justice and Education, or “FJE,” recognized by the U.S. Supreme Court ration for Fiscal Year 2011, and urged has provided over $3 million in scholar- (111); Congress to support increased funding ship assistance to over 200 historically un- • Reaffirmed the judicial indepen- of the Corporation to the level neces- derrepresented law students. Please con- dence and authority granted to the Cen- sary to provide needed services to low sider making a contribution in support of tral Panel Administrative Law Judges in income Americans (10E); and this important, diversity-promoting effort the Model Act Creating a State Central • Urged federal, state, territorial, on the part of our profession. See www. Hearing Agency, adopted by the House of and local governments to require civic americanbar.org/groups/departments_of- Delegates in February 1997 (112); education for elementary, middle, and fices/fund_justice_education.html. • Supported the development and secondary students in the nation’s pub- use of evidence-based, clinical or medi- lic schools and to provide competitive ABA Midyear Meeting (continued on page 13)

11 The Journal of The Delaware State Bar Association • March 2011 Ethically Speaking

By Charles Slanina, Esquire

Ethics Online

ne of the few advantages of issued for approximately 24 years, and Freivogel maintains this “practical online having done this column for individual articles and entire issues are guide to conflicts of interest for lawyers virtually 20 years is that I available for download for a fee. with sophisticated business and litigation canO revisit former topics without much practices.” Lexisone.com chance that anyone will catch on to my This site provides links to dozens of If all of this is not enough, there are “recycling” unless I admit it. On the practice resources, legal publications, legal also numerous listserves with minute-by- other hand, some articles in my archive subject outlines, and legal research sites. minute postings by law professors and are so old that significant changes in the There are even links to law school exams practicing attorneys on every aspect of law, and the world in general, necessitate with model answers. disciplinary defense, professional defense an update. and prosecution, and professional respon- Americanbar.org Back in December of 1997, I did a sibility issues which can be accessed by column called “Ethics in the Ether” which This website, maintained by the members of the National Organization dealt with ethics and professional respon- ABA, includes a link to ETHICSearch of Bar Counsel and the Association of sibility resources on the Internet. At the which provides direct access to the ABA Professional Responsibility Lawyers. As time, most of the these sites were simple Center on Professional Responsibility via always, read it, learn it, live it. libraries of rules and case law. Today, there telephone and email inquiries. Simple *“Ethically Speaking” is intended to is a large number of blogs, listserves, and questions are handled for free, with more stimulate awareness of ethical issues. It personal commentaries on ethics and complex questions billed at an hourly rate. is not intended as legal advice nor does professional responsibility available, and All questions are answered by reference to it necessarily represent the opinion of the this month I return to the topic with an the ABA/BNA Manual on Professional Delaware State Bar Association. Additional emphasis on the latter. Responsibility with citations to relevant information about the author is available at www.delawgroup.com. Legalethics.com ABA Model Rules and ABA Ethics Ad- visory Opinions. **“Ethically Speaking” is available online. This website focuses on the ethical is- LLRX.com The columns of approximately the past two years sues associated with the use of technology are available on www.dsba.org. by legal professionals. It is maintained by This is the self-proclaimed “premiere, Mercer University School of Law profes- free, independent, one-person-produced sor David Hricik. Web journal dedicated to providing legal, Law.cornell.edu library, and IT professionals with up-to- date information in legal blogs on law and This website remains from the 1997 technology.” It was established in 1996 list. It is a digital library maintained by by founder, editor, and publisher Sabrina Delaware Wills for Heroes will host a Cornell University of both the codes I. Pacifici. The monthly installments of and rules setting standards for the pro- articles, guides, and topical resources was “Wills for Heroes” fessional conduct of lawyers, including voted best overall legal blog of 2004. event at commentary on the law governing lawyers organized on a state by state basis. (It does Legalethicsforum.typepad.com\blog The Widener School of Law not include Delaware, but does include Three law school educators joined Barristers’ Club approximately 19 other states.) to create a blog featuring materials on Saturday, March 26, 2011 issues in legal ethics with links to many Law.georgetown.edu 4601 Concord Pike academic sites and journals. The Georgetown Journal of Legal Eth- Wilmington, De. 19803 ics website provides a searchable database Freivogelonconflicts.com Noted authority on professional To volunteer call: 302.477.2016 or of the Journal’s four annual issues and e-mail: [email protected] featured symposia. The Journal has been responsibility and legal ethics, William

March 2011 • The Journal of The Delaware State Bar Association 12 Nominations Sought for Bench & Bar Award The Delaware State Bar Association and the Awards Committee are seeking nominations for The First State Distinguished Service Award to be presented at the 2011 Bench & Bar Conference. The award is described below: First State Distinguished Service Award – This award is given annually at the Bench & Bar Conference to a member of the Delaware Bar who, by exemplary leadership and service dedicated to the cause of good citizenship in civic and humanitarian service over a period of many years has maintained the integrity and honored recognition of the legal profession in community affairs and who, as an outstanding Delawarean, unceasingly advances the ideals of citizen participation and community accomplishment, thus reflecting high honor on both country and profession. Delaware State Bar Association Awards Nomination Form Name of Candidate: ______Title/Occupation of Candidate: ______Date: ______Nominator: ______Phone: ______Fax:______E-Mail ______Firm: ______Address:______Brief statement of reasons that candidate is deserving of Award (Please attach sheet if necessary): ______Nominations should be submitted to Rina Marks, Executive Director, e-mail [email protected] or fax to (302) 658-5212. The deadline for nominations is April 11, 2011.

ABA Midyear Meeting (continued from page 11)

The next session of the House of Delegates will take place on August 8 Providing Arbitration and 9 during the ABA Annual Meet- ing in Toronto, Ontario, Canada. and Mediation Services Please consider attending the Annual in Delaware Meeting. Toronto was very popular with individuals and families when the meeting was last held there. (See William T. Quillen www.americanbar.org for registra- Retired Delaware State Judge tion information.) And, in the mean- Former Justice of the Delaware Supreme Court Former Chancellor of the Delaware Court of Chancery time, as always, please contact me at Former Judge of the Delaware Superior Court (302) 571-6679 or [email protected] Former Delaware Secretary of the State with any questions, concerns, or sug- Former Administrative Assistant to the Governor of Delaware gestions. It continues to be my privilege to serve as your State Bar Delegate. (302) 467-4219 1100 N. Market St. (302) 467-4201 fax Wilmington, DE 19801-1254 Bill Johnston serves as State Bar [email protected] Delegate in the American Bar Associa- drinkerbiddle.com/wquillen tion’s House of Delegates, elected by the members of the Delaware State Bar Association. Bill is a partner in Young www.drinkerbiddle.com

Conaway Stargatt & Taylor, LLP and is CALIFORNIA | DELAWARE | ILLINOIS | NEW JERSEY a Past President of the DSBA. NEW YORK | | WASHINGTON DC | WISCONSIN Drinker Biddle & Reath LLP | A Delaware limited liability partnership

13 The Journal of The Delaware State Bar Association • March 2011 as a lawyer , as a christian you know the discipline required to succeed But you desire to accomplish something more lasting.

you’re not alone.

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ADF Journ.of Del.State.indd 1 1/14/11 1:23 PM March 2011 • The Journal of The Delaware State Bar Association 14 Delaware State Bar Association Photo Contest

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15 The Journal of The Delaware State Bar Association • March 2011 2010 COMBINED CAMPAIGN FOR JUSTICE .The Annual Campaign for the Benefit of Community Legal Aid Society, Inc Delaware Volunteer Legal Services, Inc. and Legal Services Corporation of Delaware Contributions and Pledges Received through February 10, 2011 ,The staff and clients of the three legal services providers wish to thank the many judges, lawyers, law firms corporations, banks, foundations and other individuals who, once again, gave their generous support and made this Campaign a continued success. Total Contributions and Pledges: $1,032,927.62

JUDGES In Memory of David J. Garrett, Esq. Doneene Keemer Damon* Stuart M. Grant Mary C. Boudart The Honorable Bernard and Estates & Trusts Section of DSBA John G. Day Jerome K. Grossman Curtis P. Bounds The Honorable Helen S. Balick In Memory of Christopher W. White, Esq. W. Harding Jr. and Margriet K. Edmond D. Johnson Don C. Brown and Lynne Howard The Honorable Rosemary B. Drane* Beauregard Barbara J. Gadbois Andrew M. Johnston Robert Byrd Duane Morris LLP The Honorable Kenneth S. Clark, Jr. John F. Johnston Nicholas J. Caggiano, Jr. Edwards Angell Palmer & Dodge LLP The Honorable Richard R. Cooch TRAILBLAZER – $40,000 + Elizabeth W. Joyce Teresa A. Cheek Elzufon Austin Reardon Tarlov & The Honorable Barbara D. Crowell Grant & Eisenhofer P.A. Mondell, P.A. James G. Leyden, Jr. Mark D. Collins The Honorable Alan Grant Davis Laffey McHugh Foundation Fenwick & West LLP Elisa Erlenbach Maas Arthur G. Connolly, III The Honorable Eric M. Davis Morris Nichols Arsht & Tunnell Louis G. Hering* Eric A. Mazie Cynthia L. Corliss The Honorable Susan C. Del Pesco Potter Anderson & Corroon LLP David A. Jenkins David C. McBride Matthew Sean Criscimagna McCarter & English, LLP The Honorable Alfred Fraczkowski Richards Layton & Finger Labaton Sucharow LLP Laurence V. Cronin The Honorable Carl Goldstein Skadden Arps Slate Meagher & Thomas V. and Kathleen F. Donna L. Culver Flom LLP William M. and Melissa G. Lafferty McDonough The Honorable Kathy Sturgis Gravell Brock Elliot Czeschin Special One Time Anonymous Gift Stephen P. Lamb* Charles S. and Mary Lou McDowell The Honorable M. DeSales Haley Bartholomew J. Dalton Young Conaway Stargatt & Taylor, LLP Landis Rath & Cobb LLP Carolyn M. McNeice The Honorable Joelle Patricia Hitch Catherine G. Dearlove Levi & Korsinsky Richard H. Morse The Honorable Randy J. Holland PILLAR – $30,000-$39,999 Bernard S. Dempsey Paul J. Lockwood Kenneth J. Nachbar The Honorable Alicia B. Howard Connolly, Bove, Lodge & Hutz LLP William R. Denny Karen Jacobs Louden* James L. Patton, Jr. The Honorable Jack B. Jacobs E.I. du Pont de Nemours & Company Arthur L. Dent Norman M. Monhait Pamela D. and Jeffrey Politis The Honorable Mary M. Johnston* Simmons Browder Gianaris Regina M. Mullen* John T. Dorsey Angelides & Barnerd LLC Warren T. Pratt The Honorable Kent A. Jordan David A. Drexler Paul, Weis, Rifkind, Wharton & Marion Maxwell Quirk The Honorable Jan R. Jurden Garrison LLP Mary F. Dugan SUSTAINER – $20,000 - $29,999 Marcos A. Ramos* The Honorable Charles K. Keil Thomas R. Pulsifer* Patricia L. Enerio Bank of America Foundation Martha L. Rees The Honorable J. Travis Laster Reed Smith LLP Glenn M. Engelmann Delaware State Bar Insurance Joseph A. and Joan L. Rosenthal The Honorable Mary M. McDonough Rosenthal Monhait & Goddess, P.A. Elwyn Jr. and Jane W. Evans, Jr. Services, Inc. Sheldon N. Sandler The Honorable John W. Noble John Seiberlich Derek J. Fahnestock Morris James LLP R. Judson Scaggs, Jr. The Honorable Karl J. Parrish Bruce M. Stargatt Anthony G. Flynn John F. Schmutz The Honorable Donald F. Parsons, Jr. William J. Wade Thomas A. Foley PACESETTER – $10,000 - $19,999 Eric D. and Patricia Bartley Schwartz The Honorable Mardi F. Pyott Edward P. Welch Anne Churchill Foster Delaware Lawyers Musicals Ellen W. Slights The Honorable Anne Hartnett Reigle White and Williams LLP J.P. Morgan Chase Foundation Rodger D. Smith, II Anthony M. Frabizzio The Honorable Michael P. Reynolds Helen L. Winslow* Pachulski Stang Ziehl & Jones LLP A. Gilchrist III and Mimi Sparks Frederick S. Freibott The Honorable Henry Dupont Ridgely Donald J. Wolfe, Jr.* Pepper Hamilton LLP William H. Jr. and Christine H. Sudell Brigitte V. Fresco The Honorable Roberto A. Womble Carlyle Sandridge & Rice Prickett Jones & Elliott Sussex County Bar Association Danielle B. Gibbs Rivera-Soto Richard A. Zappa VF Foundation Jeffrey S. Goddess The Honorable Battle R. Robinson Larry J. Tarabicos Allen M. Terrell, Jr.* Thomas C. Grimm The Honorable Murray M. Schwartz PARTNER – $1,000 - $1,999 BENEFACTOR – $5,000 - $9,999 Walter C. Tuthill I. Barry Guerke The Honorable Joseph R. Slights, III Richard D. Allen Anonymous* Tybout, Redfearn & Pell David A. Hall The Honorable Cheryl Stallmann Bifferato LLC Ashby & Geddes Karen Lynn Valihura David Ley Hamilton The Honorable Leo E. Strine, Jr. Kevin F. Brady AstraZeneca Pharmaceuticals LP Peter J. Jr. and Nelli M. Walsh Edwin J. Harron The Honorable Vernon A. Taylor Thomas W. Briggs, Jr. Bayard P.A. Rodman Ward, Jr. Julia Heaney The Honorable James Tull Donald A. Bussard Jack B. Blumenfeld* Richard K. Herrmann The Honorable Mark Stephen Vavala Scott E. Waxman* Chimicles & Tikellis LLP Douglas B. Canfield and Mary Ann James L. Holzman The Honorable Peter J. Walsh Matuszewski Weik Nitsche & Dougherty Greenberg Traurig, LLP David R. Hurst The Honorable Charles W. Welch, III Casarino, Christman, Shalk, Wilks, Lukoff & Bracegirdle LLC Robert J. Krapf* Ransom R. Eric Hutz The Honorable Robert B. Young Young & McNelis Elizabeth M. McGeever* Todd Victor Clark Jessica Zeldin Rudolf E. Hutz GIVEN ON BEHALF OF Robert B. and Kathryn A. Pincus* Cole, Schotz, Meisel, Forman & Leo Diane Zilka Donald N. Isken Victor F., Sr. & Toni Battaglia - Proctor Heyman LLP Arthur G. Jr. and Joan Connolly, Jr. John E. James In honor and loving memory of Collins J. Jr. and Gail Seitz* Charles S. Crompton, Jr. ASSOCIATE – $500 - $999 Bruce E. Jameson Christopher J. Battaglia Gregory P. Williams* Charlene D. Davis Anonymous Clay T. Jester In Memory of Daniel V. Folt, Esq. Eugene A. DiPrinzio William D. Johnston* Audrey Bruce Rosario Antonacci Eric M. Doroshow Cynthia D. Kaiser Susan Bryson LEADER – $2,000 - $4,999 Steven J. Balick Craig A. Karsnitz P. Clarkson Collins, Jr. Derek C. Abbott* Drinker Biddle & Reath LLP R. Franklin Balotti Duane Morris LLP Frederick H. Alexander Eckert Seamans Cherin & Mellott Bankruptcy Inn of Court Kathi A. Karsnitz Richard K. Herrmann Ballard Spahr LLP Estates & Trusts Section of DSBA Victor F. Sr. and Toni Battaglia Carmella P. and Howard L. Keener Gerald Kita Robert S. and Jennifer Gimler Brady* Richard J. Facciolo A. Thompson Bayliss Bernard J. Kelley Morris James LLP David B. Brown* Paul Anthony Fioravanti, Jr. Thomas A. Beck Morton Richard Kimmel Sandra Proctor Anthony W. Clark C. Barr Flinn Bifferato Gentilotti LLC Kimmel, Carter, Roman & Peltz, P. James W. Semple P. Clarkson, Jr. and Donna Collins* Joel E. Friedlander C. Stephen Bigler Jennifer M. Kinkus Jean Winstead Cozen O’Connor Neil Glassman O. Francis Biondi Richard D. Kirk

March 2011 • The Journal of The Delaware State Bar Association 16 Daniel L. Klein Bonnie M. Benson Kathryn Jakabcin Christopher P. Simon Pauletta Brown Steven K. Kortanek The Honorable Joseph R. Biden, III Jennifer C. Jauffret Bayard J. Snyder Henry Sill Bryans Carl Norman III and Carolee Rolin P. Bissell Daniel Paul Johnson Timothy J. Snyder John R. Bryck Burton Kunz BlueCross BlueShield of Delaware Ericka F. Johnson David J. Soldo Emily V. Burton Gregory W. Ladner Jeffrey B. Bove Francis J. Jones, Jr. Brad Sorrels Erika Caesar William O. LaMotte, III Carol P. Braverman Francis P. Karam Alice W. Stark Justin Callaway Lewis H. Lazarus Theresa V. Brown-Edwards Robert J. Katzenstein Steen Waehler & Schrider-Fox, LLC William G. Campbell Martin S. Lessner Michele Sherretta Budicak Joseph C. Kelly J. Kate Stickles Campbell & Levine, LLC Alan B. Levin Rebecca L. Butcher Glenn C. Kenton Ashley Blake Stitzer Wayne J. Carey Richard A. Levine Rebecca Byrd James F. Kipp Dale G. Stoodley Michele S. Carino Elizabeth Barnes Lewis Timothy P. Cairns Andrew B. Kirkpatrick, Jr. Chad Stover Edward B. Carter, Jr. Jason M. Liberi Cynthia A. Calder Sara Beth A. Kohut Karen V. Sullivan Megan Ward Cascio Liguori, Morris & Yiengst John S. Campbell John C. Kuffel David S. Swayze Jeffrey Castellano Thomas G. Macauley Jason A. Cincilla Abbott A. Leban David John Teklits Ciconte, Wasserman & Scerba, LLC Roberte M.D. Makowski M. Blake Cleary Timothy E. Lengkeek Alexander Thaler Douglas Coats David J. Margules David P. Cline Brian Grayson Lenhard Bruce W. Tigani Malcolm S. Cobin Maron Marvel Bradley & Anderson Kevin J. Connors Neal J. Levitsky Vanessa R. Tiradentes Kevin M. Coen Edward M. and Janice McNally Frederick L. Cottrell, III Gary C. Linarducci John E. Tracey Howard A. Cohen Luke W. and Jacqueline Paradee Susan Morrison Coletti Mette Victoria W. Counihan Paul M. Lukoff Patricia R. Uhlenbrock Kevin G. Collins Bruce M. Monroe Richard H. Cross, Jr. Matthew J. Lynch, Jr. Joel A. Waite Thomas P. and Cynthia S. Collins Melvyn I. Monzack Robert W. Crowe Kevin J. Mangan Christopher A. Ward Francis Peter Conaty, Jr. Monzack Mersky McLaughlin and Curtis J. Crowther William J. Martin, III John W. Ward Brow Henry Clay Davis, III Adria B. Martinelli Matthew Paul Ward Jennifer Patone Cook Moore & Rutt, P.A. James E. Deakyne, Jr. Mary B. Matterer Jeffrey R. Waxman Nathan Cook Jeffrey L. Moyer John P. Deckers Kathaleen St. Jude McCormick Michael A. Weidinger Bonnie E. Copeland Marla Hirshman Norton Claire Marie DeMatteis Megan D. McIntyre Gregory J. Weinig Augusto Cordova Karen L. Pascale Christine K. Demsey John D. McLaughlin, Jr. Michael Weiss Kara Hammond Coyle Vincent J. Poppiti Richard A. DiLiberto, Jr. R. Bruce McNew Paul Welsh Paul E. Crawford David G. Culley Paul Prestia Sarah E. DiLuzio Tammy L. Mercer Patricia A. Widdoss David W. DeBruin Amy Arnott Quinlan Melissa Ann DiVincenzo Maribeth L. Minella Beverly J. Wik Erin E. Della Barca Srinivas M. Raju Rex A. Donnelly, IV Lauren E. Moak Eric Wilensky William A. Denman L. Vincent Ramunno Keith Edward Donovan Francis A. Monaco, Jr. Gregory B. Williams Matthew P. Denn Donald E. Reid Governor Pierre S. IV and Elise Pauline K. Morgan J. Dallas Winslow, Jr. Michael K. Reilly Du Pont Irving Morris Kristen Salvatore DePalma Charles J. Durante Cynthia L. DePue Rigrodsky & Long, P.A. Murphy & Landon DONOR – $100 - $249 Cassandra F. Roberts Deborah K. Duskey Donn Devine Francis J. Murphy, Jr. Gary W. Aber Patricia Smink Rogowski Bradley S. Eaby Margaret M. DiBianca Anne L. Naczi Jon E. Abramczyk Kenneth M. Roseman Brett D. Fallon Steven R. Director A. Zachary Naylor Abraham Alexander Thomas L. Sager Kerrianne Marie Fay Katherine J. Neikirk Melissa N. Donimirski Frederick H. Altergott Jeffrey M. Schlerf Louis B. Ferrara Jonathan P. Neipris Anne S. Dougherty Paul M. Altman Lisa A. Schmidt Kurt A. Fetzer Joseph M. Nicholson Thomas F. Driscoll, III Corinne Amato Brent C. Shaffer Jesse A. Finkelstein Elena C. Norman Timothy Ryan Dudderar Susan D. Ament Kevin R. Shannon Richard E. Franta K. Tyler O’Connell Christine Dupriest Robert B. Anderson Melanie K. Sharp Vance A. Funk, III Mark D. Olson Jamie Lynn Edmonson Anonymous Mary E. Sherlock Lee C. Goldstein Matthew J. O’Toole Philip T. Edwards Bradley Aronstam Laurie Selber Silverstein Lisa B. Goodman Susan L. Parker Kirk Emge Michael W. Arrington Thomas P. Sweeney Donald L. Gouge, Jr. John J. Paschetto Kenneth J. Enos J. Clayton Athey Terry-Carey American Inn of Court John S. Grady Norman L. Pernick A. Cathryn Evans Daniel Marcus Attaway The Kenny Family ShopRites of James S. Green Richard J. Popper Tamera L. Fair Delaware Christine S. Azar Kelly A. Green Norman M. Powell Kelly E. Farnan Gary F. Traynor Michael A. Barlow Matthew M. and Megan Semple Somers S. Price, Jr. Veronica O. Faust Robert J. Valihura, Jr. Greenberg Michael J. Barry Mark Vincent Purpura Drewry N. Fennell The Honorable E. Norman Veasey Lawrence A. Hamermesh David R. and Elsa Batman William T. Quillen Ferry, Joseph & Pearce, P.A. The Honorable Joseph T. Walsh Michael J. Hanrahan James A. Bayard, Jr. John J. Quinn, III GianClaudio Finizio Weber Gallagher Simpson Stapleton Stephanie L. Hansen Richard P. Beck Mark L. Reardon Jeffrey E. Fleming David H. Williams David Alan Harris Jennifer M. Becnel-Guzzo Robert H. Richter Israel J. Floyd Christian Douglas Wright William J. Haubert Alan W. Behringer David C. Rittenhouse Michael J. Flynn William A. Yemc Laina M. Herbert Robert K. Beste, Jr. Nicholas H. Rodriguez Mark Evan Freeman Lawrence I. Zutz Randolph K. Herndon A. Dean Betts, Jr. Nicholas J. Rohrer Joseph A. Gabay Douglas M. Hershman Marcie Bierlein Edward B. and Katherine G. Barbara J. Gadbois SUPPORTER – $250 - $499 James Higgins Rosenthal Ian Connor Bifferato William Gamgort Anonymous Glenn E. Hitchens Andrew E. Russell Vincent A. Bifferato, Sr. Jeffrey M. Gentilotti Richard L. Abbott David R. and Judy Oken Hodas Sheldon S. Saints Lewis S. Black, Jr. Joseph H. Geoghegan Gary W. Aber Daniel K. Hogan Michael J. Scali Megan Bombick The Honorable Melanie L. George Alissa Balotti Anderson Scott Andrew Holt William Schab Susan D. Borden Marshall John C. Andrade George H. Hopkins David Schmerfeld Mary E. Bowler Robert G. Gibbs Richard G. Andrews Richard L. Horwitz Carl Schnee William W. Bowser Edward C. Gill Monica M. Ayres Timothy Jay Houseal Alyssa M. Schwartz Matthew F. Boyer Traci Goins Balick & Balick, LLC James P. Hughes, Jr. Seitz Van Ogtrop & Green, P.A. Paul A. Bradley Michael D. Goldman Joseph M. Barry S. Mark Hurd Suzanne I. Seubert William Patrick Brady Nancy Gorman Jeffrey K. Bartels Jerry A. Hyman Bonnie H. Sheer David E. Brand Thomas W. Gorman Christopher F. Baum Frederick W. Iobst Karl K. Sherman Karen S. Brehm Deborah I. Gottschalk Julian H. Baumann, Jr. Patrick Jackson Ralph N. Sianni Sean M. Brennecke Max S. Bell, Jr. Robert Jacobs Amy Simmerman Chase Traver Brockstedt 2010 CCJ (continued on page 18)

17 The Journal of The Delaware State Bar Association • March 2011 2010 CCJ (continued from page 17) Kenneth F. Mitchell Michael L. Temin Noriss E. Cosgrove Kurtz Edmon L. Morton William E. Molchen, II The Castro Firm, Inc. Lucinda Cole Cucuzzella Dr.Joy Mulholland M. Duncan Grant Scott R. Mondell Mary S. Thomas Mary M. Culley MaryBeth Musumeci Craig D. Grear Michael S. Neiburg Richard Thomas Tanya Madison Cunningham Daniel A. O’Brien Ryan Greecher Michael R. Nestor Seth Lewis Thompson Michael J. Custer Sean T. O’Kelly Cara Grisin Ryan Patrick Newell Janice R. Tigani Wendy Rising Danner Andrew T. O’Neill Mark J. Gundersen Maria Paris Newill Leonard S. Togman P. Bradford DeLeeuw Robert J. O’Neill, Jr. Shauna T. Hagan Stacy L. Newman Bryan Townsend Nicole A. DiSalvo David L. Ormond, Jr. Carolyn S. Hake Denise Del Giorno Nordheimer Francis J. Trzuskowski Kenneth M. Doss Kathleen White Palmer James J. Haley, Jr. Stephen C. Norman S. Maynard Turk Barbara Draper John W. Paradee Megan C. Haney Charles M. Oberly, III Mason E. Turner Carol J. Dulin Jonathan L. Parshall Ellen Corbett Hannum Ashley Marie Oland Jameson A. Tweedie William J. Dunne Harold Pezzner Christine M. Hansen Susan F. Paikin E. Alan Uebler Jusitin Edelson Julie S. Pezzner Kate Harmon Kristhy Peguero William Ulrich Erin D. Edwards Adam W. Poff Matthew Harvey Perry & Sensor Karen Van Oot John Ellis Leslie A. Polizoti Nishat Hasan Sarah E. Pierce Patricia O. Vella Thomas H. Ellis Jordan Ponzo Perry Tarik J. Haskins Andrew G. Pizor Charles Vincent Sharon M. Eppes Robert F. Poppiti John Z. Haupt Emily Preslar Wendy K. Voss Ryan M. Ernst Robert J. Prettyman Joyce Koria Hayes Thomas P. Preston Susan Wood Waesco Nicole M. Faries Sandra Proctor William Anthony Hazeltine William Prickett William C. Wagner, II Thomas F. Felton Elizabeth Rocco Thomas Herlihy, III Angela L. Priest Ryan Christian Walker Chad Andrew Fights James Sabella Henry N. Herndon, Jr. David P. Primack Paul R. Wallace Maris J. Finnegan Yvonne Takvorian Saville Randolf Herndon, Jr. Cynthia H. Pruitt David I. Walsh Richard A. Forsten Maria Aprile Sawczuk Douglas Herrmann Richard Mark Radel Megan Rush Walstrom James A. Fuqua, Jr. Philip D. Saxon, Jr. Mary B. Hickok Rahaim & Saints Anne D. Wattman Alissa Gazze Christine P. Schiltz Mary F.Higgins Thatcher A. Rahmeier John R. Weaver, Jr. Kimberly M. Gill Joan Schneikart Samuel Taylor Hirzel, II B. Wilson Redfearn Susan Pittard Weidman John M. Fisher Gray Morgan Seward Jeremy W. Homer Cathy L. Reese Jeffrey M. Weiner Margaret W. Greecher James P. Sharp Thomas Michael Horan Patrick J. Reilley Mary Madeline Welch Sean T. Greecher Timothy Shelley Antoinette D. Hubbard Richard L. Renck Colleen D. Shields David A. White James S. Green, Jr. Hudson, Jones, Jaywork & Fisher Judith N. Renzulli and Curtis R. W. Jeffrey Whittle Dennis J. Siebold Reitz Joseph Grey Kelley M. Huff Russell C. Silberglied James T. Williamson Professor Eugene L. Grimm Amy Huffman Matthew Joseph Rifino James T. Williamson Kathleen Duffy Smith William D. Rimmer James J. Hanley R. Brandon Jones Stephen E. Smith Evan Olin Williford Jeanne M. Hanson Michael B. Joseph Randall E. Robbins Lynn D. Wilson Dennis Spivack Richard S. Julie Blake K. Rohrbacher Shannon T. Hanson Megan R. Wischmeier Stanford L. Stevenson, III Susan E. Kaufman Thomas J. Roman Thomas E. Hanson Jr. Daniel F. Wolcott, Jr. James Allen Stoltzfus Christian Keeney Lindsay Roseler-Cardova Clyde G. Hartman Natalie S. Wolf David Straite Karen E. Keller Harvey Bernard Rubenstein Carl W. Heckert James J. Woods, Jr. Frederick Strickland Kathleen A. Kelley Justin H. Rucki George B. Heckler, Jr. Aleph Ann Woolfolk Paul D. Sunshine Kyle Kemmer Paul Saindon Leslie Carol Heilman Ellen Rebecca Workman Stephanie J. Symons Rosemary K. Killian Krista Reale Samis Adam Hiller John Mark Zeberkiewicz Brenda Szydlo Barry M. Klayman Cheryl Santaniello Neilson C. Himelein and Susan R. Kara Zidek Weimer Amy M. Taylor Karen Klele Rebecca Lee Scalio Sharon M. Zieg Timothy L. Hitchings Michael William Teichman Charles S. Knothe Patrick Scanlon Virginia A. Zrake Victoria J. Hoffman Glen P. Trudel Thomas H. Kovach Matthew U. Scherer Heather Holmes Shawn Patrick Tucker Pilar Kraman Todd Charles Schiltz FRIEND – $1 - $99 Joanne L. Horn P. Michael Walker Kenneth T. Kristl Joseph C. Schoell Edmond M. Ianni Patrick Walker, III Daniel M. Kristol Michael R. Seidl Anonymous Brenda James-Roberts Cheryl Ann Ward James M. Kron James W. Semple Laura Acton Kathleen M. Jennings Ned Weinberger Danielle Kuzminski Harold Shaffer Jill Agro John C. Kairis Charles Thomas Williams, III Mary Catherine Landis Saagar B. Shah Justin R. Alberto William M. Kelleher Lincoln D. Willis Roger D. Landon John R. Sheridan Barbara C. Alexander Christine Keys A. Richard Winchester Layton & Associates, P.A. Daniel M. Silver Peter B. Andrews Christine Kim Mackenzie Windfelder William Swain Lee Silverman McDonald & Friedman Theodore Annos Gerald Kita Jean Winstead James M. Lennon Adam Singer Berton W. Jr. and Meredith Ashman Julie Holm Yeager Richard Lowe Ariel Philip Sloan James R. Banko Mark A. Kurtz Alan S. and Johanna D. Yoffie Andrew A. Lundgren Drew and Elizabeth Sloan Ryan Bartley Jane M. Leamy Matthew B. Lunn John H. Small Sean M. Beach Michael M. Ledyard * Indicates members of the Chris- Lori D. Malmberg George B. Smith Mary Jo Bellew George Thomas Lees, III topher W. White Legacy Society. Sean J. Bellew Brian Lemon Members of the society have donated Kevin Michael Maloy Stacey Novinger Smith or pledged to donate $5,000 over Megan Trocki Mantzavinos D. Benjamin Snyder Katherine Harrison Betterly Jeffrey C. Lew 2 years. Daniel D. Martin John S. Spadaro Arthur Bookout Jaime Luton Wayne A. Marvel Monte T. Squire Donald J. Bowman, Jr. Richard B. Lyle, II Daniel Matthews Wendie C. Stabler Allyson Britton F. Edmund Lynch Katharine L. Mayer Lisa R. Stark Marilyn H. Bromels Andrew Magaziner Brenda Mayrack Steven J. Stirparo Audrey Bruce Kevin Scott Mann Douglas E. McCann Ronald L. Stoner Gary A. Bryde James H. McMackin, III Bruce W. McCullough David B. Stratton Susan Bryson Marci McNair Patricia McGee Benjamin Strauss Joan-Alice Burn Omar Y. McNeill James G. McGiffin, Jr. Catherine Strickler Joanne Ceballos Michael F. McTaggart Daniel L. McKenty Kara M. Swasey Jacquelyn A. Chacona M. Joseph L. Melican Ryan McLeod S. Christopher Szczerban Lauren A. Cirrinicione Robert and Ellen S. Meyer Pamela Meitner Robert and Judith Taggart Miranda D. Clifton Jay Norman Moffitt

March 2011 • The Journal of The Delaware State Bar Association 18 2011 Race Judicata B. Wilson Redfearn

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19 The Journal of The Delaware State Bar Association • March 2011 DE-LAP Zone A Message from the Delaware Lawyers Assistance Program

By Carol P. Waldhauser, Executive Director

Impact of Spirituality on the Dimensions of Wellness Introduction by Carol P. Waldhauser; Article by R. Judson Scaggs Jr., Esquire

epending upon your view on our families, our friends, and our- Plus, no professional success— and culture, spirituality may selves. We feel the undertow of stress. standing alone—can provide individual include, but not be limited to, We work in a system designed to deliver happiness or wellness to an individual. Dprayer, meditation, and active participa- justice, but one that is often human, In my opinion, we cannot function tion in a place of worship; or it might be imperfect, flawed. We aim for success well within the system and maintain a walk in nature or a community project. in a system—a pretty darned good sys- our own wellness without believing in This month, our guest columnist, tem here in Delaware, in comparison something beyond the system and be- R.J. Scaggs, writes his view on the im- to many others—that cannot deliver yond ourselves. I will dare to advocate, pact that spirituality has in dealing with its goal: justice and equality for all. at least in general terms, something we life, stress, and civility. Needless to say, The legal system, the patient, is in- seek to avoid in our politically correct spirituality has many definitions, but herently near death. That is to say, in society. Spirituality provides a perspec- at its core, spirituality helps to give our each case it can fail to provide justice tive on life and a purpose for life that lives context. In fact, spirituality is not for the persons in that case. Worse yet, trumps success at lawyering and pro- necessarily connected to a specific belief the persons charged with keeping the vides a platform of stability for enduring system or even religious worship, but as system healthy, the lawyers, are ill. We bad cases and difficult decisions. In Mr. Scaggs points out, it shapes us both are not brethren of superheroes who other words, spirituality has a direct professionally and personally. In other live to dispense justice with wisdom impact on the dimensions of wellness. words, spirituality connects us to our- and compassion. Rather, we are paid Equally as important, in my opin- selves and to others while it develops our advocates with our own worries, fears, ion, there is a huge elephant standing personal value system and our search for and frailties. Sadly, our own human in the corner of the room whenever serenity and meaning in life. frailties may get the better of us. Fur- we discuss wellness, civility, balance, Mr. Scaggs is a partner in the Wilm- thermore, some of us may be tempted professionalism, pro bono work, or any ington law firm of Morris, Nichols, Arsht to grab any advantage, to work too other subject outside of legal skills, & Tunnell, where his practice is concen- hard, to neglect our families, to charge competence, or compliance with ethi- trated in corporate and business litigation. too much, to view our adversaries as cal requirements. That elephant is our R.J. was a Marine Corps officer from enemies, or to be short or sarcastic spirituality—our view of whatever is 1981 to 1985, is a graduate of Washington to attorneys appearing before us. We greater than ourselves and of the highest & Lee University, and received his J.D. struggle. We “gotta stand there and priority to us. degree from the College of William and play.” Perhaps, these reasons may con- Yes, our profession stands in a cold Mary in 1988. tribute to why addiction rates within rain. It is difficult and stressful. The the profession are twice the national • • • system as a human endeavor is always average. on the verge of failing to accomplish its “And the wind brings a chill, Moreover, while our rules of profes- mission of justice and equality. Lawyers The patient is near death my friend, sional conduct, our guidelines on pro- are human with defects and weaknesses. and the doctor is ill. fessionalism, and our mandatory CLE If we stop at difficult times in our prac- They’re carrying a cross up to the top courses on civility are all sound, they tice and seek guidance from above, or of boot hill alone cannot be enough to produce ethi- beyond, or wherever your beliefs lie, cal, moral, civil, and fulfilled attorneys. we very well could have a better system And you gotta stand there and play.” The reason is that we are, first, people. and live better, healthier, and happier From the song Cold Rain in Kansas by Don Lange In other words, there are no laws, nor lives while we work within it. As a pro- We know, at some level, our situa- are there rules that can legislate moral- fessional organization, we cannot and tion. Often our profession takes a toll ity or professional conduct. should not endorse any particular faith

March 2011 • The Journal of The Delaware State Bar Association 20 or religion. On the other hand, is there any reason we should not be more open in sharing our personal views about life’s higher purposes? As C.S. Lewis wrote, “Aim at heaven and you will get earth thrown in. Aim at earth and you RAHAIM & SAINTS, LLP get neither.” • • • IS PLEASED TO ANNOUNCE THAT If you want more information on this topic or have a problem that you would like to discuss that is af- MEGAN R. WALSTROM fecting your professional life and/ or your personal life, call our confi- dential direct line (302) 777-0124, HAS BECOME A PARTNER IN THE FIRM e-mail [email protected], or visit www.de-lap.org. Remember, getting help does not MEGAN IS THE RESIDENT PARTNER OF OUR GLASGOW OFFICE AND sabotage your career, but not getting HANDLES EXCLUSIVELY FAMILY LAW MATTERS. help can!

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Become a part of the people who network of many – be a SOLACE volunteer care Wayne Holden’s life has been guided by his father’s actions and words. “He treated We need volunteers: judges, everyone with respect, kindness and generosity and directed us to always leave lawyers, paralegals, law students, a place a little better than you found it,” legal secretaries and other legal Wayne recalls.

staff in Sussex, Kent and New Helping others and improving his hometown Castle Counties. of Dover are his passions. Together with his wife, Betsy, Wayne is working to benefit organizations in need now through a donor- For more information on advised fund at the Delaware Community how to become a part of this Foundation. They have also provided for a charitable fund at the DCF in their estate national and local networks plans. The Wayne and Betsy Holden Fund will enable their children to continue the family’s of assistance to other judges, tradition of giving even after they’re gone. lawyers, paralegals, etc., or if To learn how your clients can create a lasting you know of any individual legacy, please contact Mary Hopkins, JD, Vice or family within our legal President of Gift Planning at 302.504.5224 community call either the or visit our website, www.delcf.org. DSBA or DE-LAP or visit www.de-lap and click on the SOLACE tab to learn more about the committee.

21 The Journal of The Delaware State Bar Association • March 2011 Book Review

Reviewed by Richard A. Forsten, Esquire

If You’re Happy and You Know It: The Happy Lawyer By Nancy Levit & Douglas O. Linder (Oxford Univ. Press, 2010)

hy do lawyers seem so un- to be more pessimistic, risk adverse, themselves to a person doing better than happy? Are they really all and have other traits which suggest themselves, and it will gnaw at them that unhappy compared they are going to be less happy than and leave them feeling inadequate, un- Wto other professions? Are lawyers more extroverts. Thus, in some respects, the fulfilled, or frustrated. But, by shifting inclined to be unhappy as compared to legal profession could be said to face focus, one might just as easily feel at others; and, what is “happiness” any- the proverbial chicken-and-the-egg least some contentment. For example, re- way? Finally, if lawyers are, generally problem. Are lawyers, as a whole, un- searchers have found that bronze medal speaking, so unhappy, what can they happy because they are lawyers, or do winners tend to be happier than silver do about it? more people with a propensity for un- medal winners at the Olympics. Why? These questions, as well as many happiness become lawyers? The answer Because silver medalists compare them- others, are the subject of The Happy is probably a little of both. selves to the gold medal winner, and feel Lawyer, Making a Good Life in the Law, Yet, when asked, most lawyers (three- frustrated they did not win. Meanwhile, by Professors Nancy Levit and Douglas quarters) will also say they are satisfied bronze medalists take greater satisfac- O. Linder. Part science, part psychology, with their decision to become lawyers. tion in simply having medaled, realizing and part self-help manual, The Happy So, there seems to be something of a that most of their competitors did not Lawyer is less about the law than life in mixed bag. On the one hand, lawyers are receive any medal at all. Or, put more general and finding a better perspective. less “happy” than most other profession- directly, if we only compare ourselves to those we think are doing better than As a preliminary matter, lawyers do als, while on the other, lawyers report us, we are going to be unhappy. Happi- seem less happy when compared to other high levels of satisfaction. Happiness ness is, in some respects, relative. As H. professions, including clergy, doctors, and satisfaction are not necessarily the L. Mencken once observed, “A wealthy architects, engineers, airline pilots, and same thing, of course, and one is rarely man is one who makes $100 more than financial planners. Even housekeepers, “happy” on a continuous basis, so the butlers, and repair persons report higher polling data may be suspect. But, even his wife’s sister’s husband.” levels of happiness. In fact, roughly 43% if most lawyers are satisfied by their ca- There are other tools available in the of lawyers say they are “very happy.” Not reer choice, frustrations remain, and the toolbox as well, many of which seem great, perhaps, but not too bad either. evidence suggests lawyers are less happy obvious, but nevertheless are worth re- Or, so it seems. Other studies suggest than the general public. peating: finding work that plays to your things are not quite so rosy. The legal However, simply observing and poll- strengths; taking control of your work profession suffers from a much higher ing lawyers about whether they are happy by setting timetables and meeting them; rate of depression and substance abuse or not only begins to scratch the surface. personalizing your work space; and hav- than the general population. There is Professors Levit and Linder spend time ing strong connections with others. In- a fair amount of turnover in the legal asking the philosophical question about deed, of all the things that make lawyers profession, particularly at large firms what happiness is, and they also spend happy, more lawyers come up with the among junior associates. time describing brain chemistry. They same answer—people—than any other. Personality may also play a role. look at what aspects of lawyering provide Lawyers who interact regularly with col- Although extroverts outnumber in- happiness and what leads to frustration. leagues and clients they like and trust troverts in the general population by They spend a fair amount of time de- are more likely to be happy than those three to one, in the legal profession, scribing the “happiness toolbox”—those who do not. introverts outnumber extroverts. A things that lawyers can do to achieve In addition to an individual’s own career in law is probably more appeal- greater happiness and less frustration. toolbox, the authors also look at ways ing to introverts than other professions, One of those tools is the downward in which law firms can promote happier, but, at the same time, introverts tend comparison. Often, folks will compare and therefore more productive, attor-

March 2011 • The Journal of The Delaware State Bar Association 22 neys. Promoting interaction, providing autonomy, feedback, and many other strategies can lead attorneys to be happier in the role. Even office architecture and design can have an effect on happiness. While parts of The Happy Lawyer Give them the world. may strike the reader as more of a self- help manual, there are surprises and Global education at Friends insights throughout, and much of the prepares students for the opportunities and challenges of their future, even book is thought-provoking. In the end, those that we cannot predict. Professors Levit and Linder sum up their book in five short aspirations: (1) Our students learn how to engage Find work that interests you; (2) Align complex questions intellectually and in your work with your values; (3) Balance action ~ in and outside of the classroom your work and the rest of your life; (4) ~ with a sense of confidence and Deepen workplace relationships; and responsibility. (5) Savor the small pleasures. These may seem like jingoistic clichés, but the Coming in 2011-12 ~ authors put meat on the bones and do Mandarin Language Program a good job of explaining and expand- ing these goals so they are more than “Meet us on Mondays,” simplistic points. Ultimately, of course, 5:00-6:30pm no one is ever going to be happy all the time; but, after reading The Happy Lower School www.wilmingtonfriends.org Lawyer, maybe one will not be quite so Computer Lab 302.576.2930 unhappyL-361642_szFbw either. 8/12/10 9:31 AM Page 1

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23 The Journal of The Delaware State Bar Association • March 2011 Bulletin Board PARALEGAL: Wilmington firm LET’S TALK $$$: Legal Arts Build- POSITIONS AVAILABLE seeks paralegal with 3-5 yrs of expe- ing – 1225 King St. Professional Ten- ASSOCIATE WITH 2-5 YEARS’ rience in civil and asbestos litigation. ant Base – Attorney’s, Architects, EXPERIENCE: litigation: insurance Send resume to Andrew Vernick, CM’s. Suites from 500 to 2,222+\ sq.ft. Wharton, Levin, Ehrmantraut & defense, coverage, subrogation. DE bar High Speed Internet, Elevator Ac- Klein at [email protected]. required; medium size firm; salary com- cess, Good Location and More. mensurate with experience. Cover letter Keith (302) 528-1900. and resume to: [email protected]. DOWNTOWN WILMINGTON: ATTORNEY: Wilmington firm seeks OFFICE SPACE Appr. 2000 sq. ft. office space on 2nd floor in an elevator building. 2 blocks associate with 3-5 yrs of experience in FULLY FURNISHED PROFES- from court houses. Parking available on civil litigation. Send resume and law SIONAL OFFICE: Enjoy com- premises. Call (302) 656-5445. school transcript to Andrew Vernick, plete package of office space, tech- Wharton, Levin, Ehrmantraut & nology, service and support. Call Klein at [email protected]. today for tour: (302) 884-6746. ATTORNEY OPENING: Doroshow, Mention ad—first month free! Pasquale, Krawitz & Bhaya seeks VIRTUAL OFFICE PLUS: Just a Domestic Relations attorney. $250/month includes mail forward- Fax resume to Robert Pasquale ing, telephone reception, and 40 (302) 998-9090. hours conference room usage. One Disciplinary Actions WILMINGTON - FINANCIAL RE- Commerce Center Building—ac- STRUCTURING & BANKRUPTCY cessible, professional, affordable. INTERIM SUSPENSION: www.STATOfficeSolutions.com. PARALEGAL: Fox Rothschild LLP MARLEE JAMES BUCKSON has an opening in the Wilmington, DE SUPREME COURT NO. 45, office for a Financial Restructuring & 2011. EFFECTIVE DATE: FEBRU- Bankruptcy Paralegal to join a growing ARY 3, 2011 bankruptcy practice. The ideal candidate Is there a major milestone will have experience with all aspects of in your future, or the By Order of the Delaware Supreme bankruptcy. Must be detail oriented and future of your law firm? Court dated February 3, 2011, Marlee possess excellent communication, writing, James Buckson, a Delaware lawyer who organizational and computer skills. Will An anniversary, a was admitted to the Delaware Bar in consider Bachelor’s degree, Associate’s memorial or a celebration? 2008, was immediately suspended degree, or paralegal certificate and five from the practice of law in Delaware, years of experience or 10 years of compa- Consider a tax deductible pending final disposition of attorney rable work experience. If interested, please gift to the Delaware Bar disciplinary proceedings. In its Order, apply online at www.foxrothschild.com/ Foundation Endowment the Court concluded that Ms. Buck- careers or send resumes to: recruitment@ Fund, a gift that will continue son, an attorney formerly employed foxrothschild.com. EOE. to give to those most in need. by The Lawson Firm, LLC, Rehoboth NEW CASTLE COUNTY SEALED Beach, DE, had committed violations REQUEST for Qualifications for: of the Delaware Lawyers’ Rules of RFQ #11-001 Bond Counsel Ser- Professional Conduct and posed a vices will be received until 2:00 significant threat of substantial harm p.m., Wednesday, March 30, 2011 to the public and to the orderly admin- in the Purchasing Division, New istration of justice. Castle County Government Center, 87 Read’s Way, New Castle, DE 19720 A receiver for Ms. Buckson’s law (phone: (302) 395-5250). Firms are practice to protect the public was not responsible for obtaining the request appointed in view of the fact that she for qualification and all addendums Jacqueline Paradee Mette has no current clients and that all past Executive Director from the New Castle County website Phone: (302) 658-0773 clients are being represented by her at www2.nccde.org/purchasing. former law firm.

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25 The Journal of The Delaware State Bar Association • March 2011 The Judicial Palate By Ciro C. Poppiti III, Esquire

Big Macs I Have Known

hen in the course of hu- offering, but an old-school, hot-pocket, HIDDEN PUZZLE: This column man events, it becomes sugar-laden, so-piping-hot-it-had-a- contains seven phrases. Each phrase is necessary for each of us caution-label apple pie. All washed part of the opening or the ending from Wto take stock of one’s life, to analyze down with a Diet Coke (I was after all a different work of literature. Identify touchstones of the past and to ponder trying to cut back), for a meal totaling each phrase and its famous work. For the path toward future success. approximately 3,000 calories. example, if you had spotted the phrase In that vein, this month, I mark My dinner partner, a good-looking “Call me Ishmael” above, that, of fifteen years that I have not eaten at brunette who would later become my course, is the opening to Moby Dick. McDonald’s. wife, looked upon me with confusion, The first three people who correctly identify at least five phrases and their Avoiding McDonald’s has been for from man to pig, and from pig to famous works will win a selection of an overt act on my part. It is a sym- man again, it was impossible to say gourmet Belgian beers. E-mail entries bolic reminder to myself that I have which was which. I was soon borne to [email protected]. The complete changed lifestyles. Fifteen years ago, away by the waves of gluttony and lost list of answers will be shared with only I had topped out at 252 pounds and in darkness and distance. those who submit an entry, so you must had then begun to conscientiously Now, in contemplation of that mo- play to be part of the game. diet and exercise. On that March ment, I realize there are certain foods day, I completed my first twelve-mile I could never, ever give up. To be sure, run, and in “celebration,” I fought the list starts with extra-virgin olive my way through a dark and stormy oil, that green-golden elixir which HIRING A night, where at length, as the shades makes everything taste better. As ce- of the evening drew on, I found myself lebrity chef Mary Ann Esposito notes, PARALEGAL? within view of the melancholy House “a drizzle of extra-virgin olive oil is of the Golden Arches. Not long after all that is needed to satisfy even the Log on to the celebratory meal, I realized that if most demanding foodie.” I also love www.deparalegals.org I was committed to losing weight and blueberries; few treats are better than keeping if off, I could never return. diving into a big bowl of those indigo For more information And so, a love affair with a jealous pearls. In slot three is gouda cheese; about posting jobs on mistress came dramatically to a close. well, maybe gouda at 3A and brie at 3B. DPA’s website, But oh! how it went out with a bang, I was chagrined last year when Wine contact the as my last Big Mac became the bellows Spectator listed its top 100 cheeses and Job Bank Director, and the fan to cool a gypsy’s lust. gouda was not to be found. Personally, Sharyn C. Hallman, DCP, I find that gouda pairs nicely with a Yes, I remember that dinner with at (302) 984-3882. exact detail. For hors d’oeuvres, I wider range of wines than most other started with twenty pieces of chicken cheeses. Try it with some hummus, McNuggets (the family size), heavily crackers and a French Bordeaux; you doused with a combination of barbecue will thank me later. sauce and sweet-and-sour sauce. My On a final note with which I think entrée was a Big Mac, overflowing many of you, dear readers, can iden- with American cheese and encased in tify: My weight continues to be a daily a sesame seed bun, paired nicely with struggle. Yet, I beat on, a boat against two containers of french fries (Super- the current, borne back ceaselessly, sized, natch!). For dessert, I devoured but with optimism toward reaching an apple pie—not the current baked the open sea.

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

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27 The Journal of The Delaware State Bar Association • March 2011 Real Estate and Land Use

Transactional Real Estate Matters . Workouts . Contracts & Litigation

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