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James G. Mcgiffin, Jr. Delaware State Bar Association President, 2011-2012

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James G. Mcgiffin, Jr. Delaware State Bar Association President, 2011-2012 SeptemberSeptember 2011 2011 • •Volume Volume 35,35, NumberNumber 2 James G. McGiffin, Jr. Delaware State Bar Association President, 2011-2012 September 2011 • The Journal of The Delaware State Bar Association 1 EGA L L E G D IN U U C N A I T T I O N N O C Upcoming DSBA D • S •CLEB • A Seminars Social Security Disability EGAL 2.0 hours CLE credit L E Wednesday, September 14, 2011 • Noon – 2:00 p.m. G D Delaware State Bar Association, 301 N. Market St., Wilmington, DE N Also broadcast to Dover and Georgetown I U Topics include: Supplemental Security Income and Social Security Disability Insurance; How benefi ts can impact personal injury awards and workers’ C compensation benefi ts; What happens when unique medical factors or unforeseen details are encountered; The RulesU of Professional Conduct and Social Security claims; The attorney’s duty to advise clients on the impact a claim can have on other pending legal matters. N A I How to Avoid Being Intimidated by the Law T T 3.0 hours CLE credit I O Tuesday, September 20, 2011 • 9:00 a.m. – 12:15 p.m. N Delaware State Bar Association, 301 N. Market St., Wilmington, DE N Also broadcast to Dover and Georgetown O See ad on page 11 for more information. C Closing and Retiring from a Law Practice 3.0 hours CLE credit Thursday, September 22, 2011 • 9:00 a.m. – 12:15 p.m. D • • • Delaware State Bar Association, 301 N. Market St., Wilmington, DE S B A Also broadcast to Dover and Georgetown The ODC, members of the Bench and Bar, the Delaware Lawyers’ Assistance Program, and a representative from the insurance industry will discuss: (a) different categories of Bar membership, (b) a checklist for transitioning out of private practice, (c) the ethical implications of retiring or closing a law practice, and (d) observations of issues that arise with senior members of the Bar. Pro Bono CLE: Reaching Out to Provide Access to Justice 6.5 hours CLE credit Wednesday, October 5, 2011 • 8:30 a.m. – 4:15 p.m. Delaware State Bar Association, 301 N. Market St., Wilmington, DE Also broadcast to Dover and Georgetown EGA See ad on page 14 for more information. L L E G DHot Topics on Delaware Limited Liability Companies N and Limited Partnerships I U 3.5 hours CLE credit Tuesday, October 11, 2011 • 8:30 a.m. – 12:15 p.m. U C Delaware State Bar Association, 301 N. Market St., Wilmington, DE N Issues Relating to Series LPs and LLCs; TriBarA LLC Interest Opinion Report; Fiduciary Duties and the Implied Contractual Covenant of Good Faith and Fair Dealing in LPs and LLCs. I T T Finance for Lawyers I O 5.5 hours CLE credit N Wednesday, October 19, 2011 • 9:00 a.m. – 4:00 p.m. N O Delaware State Bar Association, 301 N. Market St., Wilmington, DE C The goal of this seminar is to provide participants with a solid, intuitive understanding of the basics of fi nance. It is not a seminar on accounting or book- keeping. There are no “debits and credits”” or complex fi nancial or mathematical formulas. We discuss the current topics of the day and cover all the issues including fraud and investment risks. Visit the DSBA website for additional information about these and other DSBA CLE seminars. D • S • B • A 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 September 2011 Volume 35 • Number 2 302-658-5279 (From Kent and Sussex Counties) 800-292-7869 FEATURES FAX: 302-658-5212 www.dsba.org 2 Upcoming CLE Seminars President James G. McGiffin Jr. 7 Nominations Sought for 2011 Awards Executive Director Rina Marks 10 Letting Go (or De-cluttering Your Life) Editorial Board By Susan Simmons David W. deBruin Michael L. Sensor 13 An American Tragedy: A Comedy Seth L. Thompson By The Honorable Robert B. Young Executive Committee Liaison Gregory Brian Williams 14 Celebrate the Spirit of Giving and Contribute to a Worthwhile Cause Vice President-at-Large By Laina M. Herbert, Esquire Publications Editor Rebecca Baird 18 Incoming State Bar Head Enjoys Helping Others By Chris Flood © Copyright 2011 by the Delaware State Bar Association. All Rights Reserved. 19 Nominations Sought for the Christopher W. White Distinguished The Bar Journal is the independent journal Access to Justice Awards of the Delaware State Bar Association. It is a forum for the free expression of ideas 26 Report: Annual Meeting of the ABA House of Delegates on the law, the legal profession and the administration of justice. It may publish By William D. Johnston, Esquire articles representing unpopular and controversial points of view. Publishing and editorial decisions are based on the quality of writing, the timeliness of the article, and the potential interest to readers, and all articles COLUMNS are subject to limitations of good taste. In every instance, the views expressed are those of the authors, and no endorsement of those 4 President’s Corner 22 Book Review views should be inferred, unless specifically 6 Editor’s Perspective 24 A Profile in Balance identified as the policy of the Delaware State Bar Association. 12 Ethically Speaking 30 Judicial Palate 16 Access to Justice Spotlight All correspondence regarding circulation, subscriptions, or editorial matters 20 DE-LAP Zone should be mailed to: Editor, DSBA Bar Journal Delaware State Bar Association 301 North Market Street Wilmington, DE 19801 DEPARTMENTS or e-mailed to: [email protected] All inquiries regarding advertising should be directed to the address above, 8 Calendar of Events Attention: Advertising, Bar Journal. 9 Section & Committee Meetings 15 Section News Letters to the Editor should pertain to recent articles, columns, or other letters. Please limit to 25 Disciplinary Actions 250 words. Unsigned letters are not published. All 28 Bulletin Board letters are subject to editing. Send letters to 301 North Market Street, Wilmington, DE, 19801, Attention: Editor, Bar Journal. Cover Photo Credit: © istockphoto.com/Courtney Keating 3 The Journal of The Delaware State Bar Association • September 2011 President's Corner By James G. McGiffin, Jr., Esquire ssuming the mantel of the that I can give back something to DSBA tors of these organizations are Delaware Delaware State Bar Associa- during this year. lawyers. In recent years, the largest tion presidency is a humbling A brief review of the history of DSBA single source of financial support for Aexperience for me. My photo on the the work of these organizations, besides demonstrates that other presidents have cover of this issue of The Journal is had substantial CLASI connections. the federal government, is the Delaware one, but not the only, inspiration for Clarence Sutherland (DSBA President, Bar. We lead the nation in our financial self-reflection. (Am I hiding something 1934-36) was the chair of a DSBA com- support of access to justice for people of with the beard? Is the bow tie merely an mittee appointed by William Prickett very modest means with civil legal needs. affectation? I must admit I really have (DSBA President, 1944-45) formed to DSBA and the poverty law agencies do gone gray.) I find myself in a position organize legal services for poor people this together. formerly occupied by people of enormous in Delaware. Joseph H. Flanzer (DSBA Not only have I reaped the benefits talent, limitless generosity, of CLASI’s relationship Solomonic wisdom, and with DSBA, but also have dazzling intellect. Many of I quickly learned when I arrived in I found practicing law with the legendary figures of the Delaware that there would be no Delaware lawyers to be Delaware Bar have served opportunity to practice poverty a great gift. In my own as President. And now, me. law but for the Delaware State Bar professional development, Why would I subject myself I have found mentors in to the comparison? Association and the generosity of several members of the Sixty-three people have the members of the Delaware Bar. I Delaware Bench and Bar held this job before me. I hope that I can give back something who have made available to have been fortunate to serve to DSBA during this year. me their time and expertise on the DSBA Executive as I learned (and continue Committee with a dozen to learn) how to be an ef- of those presidents. I count among my President, 1967-69) was also a mem- fective Delaware lawyer. I have a long friends three other past presidents, and ber of that committee. William Poole list of lawyers to whom I may turn with I know (or knew) twenty-three others. (DSBA President, 1972-73) was one of a technical, practical, or philosophical It is my relationships with these people the three incorporators of the original question and expect a reasoned and rea- that has inspired me to Bar Association Legal Aid Society in 1946, and Aubrey sonable response. In this community of service. Lank (DSBA President, 1976-77) was professionals, I am never alone. I came to Delaware from law school employed as an attorney with the or- The commitment of DSBA to the in Boston; and I came because Com- ganization in the 1950s. Since the term goal of equal justice under the law is munity Legal Aid Society, Inc. hired of President Donald Parsons, Jr. (1999- sincere, serious, and substantial. For me with some of the first IOLTA dollars 2000), DSBA presidents have acted as that, I am proud and grateful.
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