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March2018dsbabarjournal.Pdf MARCH 2018 VOLUME 41 • NUMBER 8 IN THIS ISSUE The Risks of Storing Privileged Information in the Cloud P. 16 Who Watches the Doc Reviewers? P. 20 2017 Combined Campaign for Justice List P. 28 The 2018 Delaware Legal Directory The Delaware State Bar Association Delaware Legal Directory is the only comprehensive up-to-date listing of all Delaware attorneys and judges, including address, telephone number, fax number, and e-mail address. The Delaware Legal Directory also contains contact information for the Delaware Court System and related offices frequently contacted by legal professionals. Comprehensive Listings Extensive References • Entries for over 5,000 Delaware attorneys & judges • Listing of Delaware firms with names of • Names, addresses, phone and fax numbers every partner and associate • E-mail addresses • Law-related organizations and programs • Photographs • Courts and government • Supreme Court ID Numbers • DSBA information and contact persons • Year admitted to the Delaware Bar Convenient Format Member Benefit • Easy to use 5.5” x 8.5” wirebound book • Every member of the Association receives one free copy. • Tabbed, labeled dividers • For additional copies, please see order form below. 2018 Delaware Legal Directory Order Form Please fill out all information. Incomplete order forms will delay processing. Name: _______________________________________________________ Bar ID: ___________________________________ Firm: _______________________________________________________ Phone: ____________________________________ Address: ______________________________________________________________________________________________ DSBA MEMBERS AND THEIR STAFF: QUANTITY TOTAL • NEW copy ........................................................................................._______x $40.00 each $_______ SUBTOTAL: $_______ NONMEMBERS: QUANTITY TOTAL • NEW copy ....................................................................................______x $99.00 each $_______ SUBTOTAL: $_______ SHIPPING: please ship order (add shipping charges) order will be picked up (no charges apply) • $12.00 1st copy, $5.00 each add’l copy.................................................................SHIPPING TOTAL: $_______ ORDER TOTAL: $_______________ CHECK (MADE PAYABLE TO DSBA) OR CREDIT CARD AUTHORIZATION MUST BE ENCLOSED WITH ORDER FORM. MasterCard Visa Amex Discover Card #______________________________ CVV: _____ Billing Zip Code: ___________ Signature: _______________________________________________ (Required for credit card purchases) Expiration Date : ______________ Mail order to: Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE 19801 Fax: (302) 658-5212 Questions? Call (302) 658-5279 ALL SALES ARE FINAL. NO REFUNDS. DSBA BAR JOURNAL MARCH 2018 | VOLUME 41 • NUMBER 8 PRESIDENT Michael Houghton EXECUTIVE DIRECTOR Mark S. Vavala EDITORIAL BOARD Laina M. Herbert Jason C. Powell Benjamin A. Schwartz Seth L. Thompson EXECUTIVE COMMITTEE LIAISON William Patrick Brady FEATURES PUBLICATIONS EDITOR Rebecca Baird 2 2018 Delaware Legal Directory Order Form PUBLICATION ASSISTANT Susan Simmons 20 Who Watches the Doc Reviewers? The Bar Journal is published and distributed BY MICHAEL R. GRANDY, ESQUIRE by the Delaware State Bar Association 405 North King Street, Suite 100 Wilmington, DE 19801 28 2017 Combined Campaign for Justice Contribution List P: 302-658-5279 F: 302-658-5212 www.dsba.org 32 Report: 2018 Mid-Year Meeting of the ABA House of Delegates BY WILLIAM D. JOHNSTON, ESQUIRE © Copyright 2018 by the Delaware State Bar Association. All Rights Reserved. The Bar Journal is the independent journal 34 The 2018 Blue-Gold High School All-Star Basketball Games of the Delaware State Bar Association. It BY LAWRANCE SPILLER KIMMEL, ESQUIRE is a forum for the free expression of ideas on the law, the legal profession and the administration of justice. It may publish articles representing unpopular and controversial points of view. Publishing and editorial decisions are based on the quality of writing, the timeliness of the COLUMNS article, and the potential interest to readers, and all articles are subject to limitations of good taste. In every instance, the views 4 President's Corner 18 Ethically Speaking expressed are those of the authors, and no endorsement of those views should be 8 Editor’s Perspective 22 DE-LAP Zone inferred, unless specifically identified as the policy of the Delaware State Bar Association. 14 Tips on Technology 24 Book Review The Bar Journal is published monthly with a 16 Commission on Law & Technology: 38 Judicial Palate combined July/August issue. Leading Practices All correspondence regarding circulation, subscriptions, or editorial matters should be mailed to: Editor, DSBA Bar Journal Delaware State Bar Association 405 North King Street, Suite 100 Wilmington, DE 19801 or emailed to: [email protected] DEPARTMENTS Letters to the Editor should pertain to recent articles, columns, or other letters. Unsigned 10 Of Note 13 Section & Committee Meetings letters are not published. All letters are subject to editing. Send letters to the address Section Connection Bulletin Board above, Attention: Editor, Bar Journal. 10 36 11 Side Bar 36 Disciplinary Actions 11 Why I Belong 37 Creative Corner For Advertising Opportunities Call (302) 658-5279, ext. 102 12 Calendar of Events Email: [email protected] Read The Bar Journal online at www.dsba.org Cover photo: © istockphoto.com/ Pinkypills DSBA Bar Journal | March 2018 3 PRESIDENT'S CORNER By Michael Houghton, Esquire The Lawyer President resident’s Day has come and last. It is early in his term. Maybe history gree. Theodore Roosevelt, also a peren- gone, but on the holiday itself will be kinder to him. nial top tenner, studied law at Columbia a new survey — captioned Views of some Presidents do not without ever completing his law degree. “The 2018 Presidents and change much. Former Presidents Mil- What is there about training and ex- PExecutive Politics Presidential Greatness lard Fillmore, James Buchanan, Andrew perience as a lawyer that might indicate Survey” — was released. The survey Johnson, and Franklin Pierce have success for a President? Some common ranks U.S. Presidents from best to worst consistently stayed near the bottom in leadership qualities shared by the most and was based on responses from 170 presidential rankings. successful Presidents include: current and recent members of a sec- Fillmore, Pierce, and Buchanan were ▪ A strong vision for the country’s tion of the American Political Science 1 all lawyers, though having legal train- future Association. The usual suspects were ing is not an indicator of a bad presi- in the top three spots — Abraham Lin- ▪ An ability to put their own times dency. Franklin Roosevelt, John Adams, in the perspective of history coln was ranked number one, George Thomas Jefferson, and Abraham Lincoln Washington was ranked number two, were all lawyers. To the contrary, even a ▪ Effective communication skills and Franklin Delano Roosevelt was modest amount of legal training might ▪ The courage to make unpopular ranked number three. Others moved indicate the prospect of success for a decisions around some, Barack Obama ranking President. Harry Truman, often ranked ▪ Crisis management skills eighth, up 10 slots from 2014, Ronald among the top ten Presidents, studied ▪ Character and integrity Reagan moving from ninth to eleventh at the University of Missouri – Kansas and Bill Clinton dropping from eighth School of Law, then called Kansas City ▪ Wise appointments to thirteenth. President Trump was rated Law School, but never earned a law de- ▪ 2 Ability to work with Congress © istockphoto.com/ Juan Andres Martinez 4 DSBA Bar Journal | www.dsba.org Some of these qualities or skills, such Martin Van Buren ery night in the White House. In 1879, as being an effective communicator, Martin Van Buren was the first President Hayes signed the Act to Relieve Cer- crisis management skills, an ability to to be born a United States citizen, all tain Legal Disability of Women, which work with other important constituen- previous Presidents were born British cleared the way for female attorneys to cies — and I would hope some portions subjects. argue cases in any U.S. federal court. of character and integrity — are derived In 1880, Belva Lockwood (1830-1917) or enhanced by legal training and legal Franklin Pierce became the first female lawyer to argue practice. But, there have been good Franklin Pierce was sworn in as Presi- a case before the U.S. Supreme Court. lawyer-Presidents as well as bad lawyer- dent using a book of law, rather than Presidents. Having a law degree or legal Grover Cleveland the Bible. training is alone, no indication of guar- Grover Cleveland was the only President anteed success as president. Abraham Lincoln to hold the job of a hangman. As Sheriff But, all lawyer-Presidents, like all Abraham Lincoln was involved in of Erie County, New York, he twice had people I suppose, have had unusual traits roughly 300 wrestling matches and only to spring the trap door at a hanging. and personal histories — and unique lost once; Lincoln was inducted into the achievements — which are more interest- Wrestling Hall of Fame with the honor Benjamin Harrison ing because they served as Presidents of of “Outstanding American.” Lincoln is Benjamin Harrison was the first presi- 3 the United States. the only U.S. President who was also a dent to live in the White House with licensed bartender and co-owner of a electricity, but
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