Nominations Sought for Bench and Bar Award P. 7
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FEBRUARY 2014 | VOLUME 37 • NUMBER 7 NOMINATIONS SOUGHT FOR BENCH AND BAR AWARD P. 7 TECHNOLOGY AND RELATIONSHIPS P. 10 VALENTINE’S DAY SWEETS P. 34 Get Involved in DSBA Leadership! The Delaware State Bar Association is looking for a number of talented members to join the 2014-2015 Executive Committee and lead DSBA to continued success. The following positions on the Executive Committee of the Association must be filled for the year 2014-2015: Vice President-at-Large; Vice President, New Castle County; Secretary; Assistant Secretary; Treasurer; Assistant Treasurer; Six Members-at-Large Note: The Vice President, Kent County and the Vice President, Sussex County will be those persons selected by, respectively, the Kent County Bar Association and the Sussex County Bar Association. The following position must be filled for terms as noted: One (1) DSBA Representative to the Delaware Bar Foundation Board for a four-year term The Nominating Committee wants to consider all interested candidates. If you are interested in serving on the Executive Committee or would like to recommend a candidate, please send your name or the candidate’s name along with a CV and at least one letter of nomination to Rina Marks, Executive Director, by e-mail at: [email protected] or by mail at: Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE 19801 by February 14, 2014. WE NEED YOUR HELP TO FIND STRONG LEADERS FOR THE FUTURE! The Nominating Committee consists of: James G. McGiffin Jr., Chair Theresa V. Brown-Edwards, Vice-Chair New Castle County Shakuntla L. Bhaya (2014) Tabatha L. Castro (2015) Sanjay Bhatnagar (2016) Matthew F. Boyer (2014) Tara D. Elliott (2015) Erika R. Caesar (2016) Jennifer Gimler Brady (2014) Danielle Gibbs (2015) Kiadii S. Harmon (2016) Teresa Ann Cheek (2014) Lisa B. Goodman (2015) Natalie J. Haskins (2016) Gerald J. Hager (2014) Tarik J. Haskins (2015) Rakesh H. Mehta (2016) Tiffany A. Poole (2014) Rakesh H. Mehta (2015) Sharon Oras Morgan (2016) Adam Singer (2014) Edward P. Welch (2015) Jordan J. Perry (2016) Monté Terrell Squire (2014) Kent County Sussex County Bradley S. Eaby (2014) David N. Rutt (2014) Gretchen C. Gilchrist (2015) Kim DeBonte (2015) David J. Bever (2016) James Patrick Sharp (2016) Delaware State Bar Association 405 N. King Street, Suite 100 Wilmington, Delaware 19801 (302) 658-5279 DSBA BAR JOURNAL FEBRUARY 2014 | VOLUME 37 • NUMBER 7 PRESIDENT Gregory Brian Williams EXECUTIVE DIRECTOR Rina Marks EDITORIAL BOARD David W. deBruin Michael L. Sensor Seth L. Thompson EXECUTIVE COMMITTEE LIAISON Richard A. Forsten FEATURES PUBLICATIONS EDITOR 2 Notice of the Nominating Committee Rebecca Baird PUBLICATIONS ASSISTANTS 7 Nominations Sought for Bench & Bar Award Janice Myrick Susan Simmons 14 Clarifying “Guaranteed Issue” Health Insurance The Bar Journal is published and distributed By Aaron W. Mitchell, REBC by the Delaware State Bar Association 405 North King Street, Suite 100 16 Photographs and Sponsor Recognition from the Inaugural Wilmington, DE 19801 Dr. Martin Luther King, Jr. Breakfast and Statewide Day of Service 302-658-5279 FAX: 302-658-5212 www.dsba.org 19 Nominations Sought for Law Day Awards © Copyright 2014 by the Delaware State Bar Association. All Rights Reserved. The Bar Journal is the independent journal of the Delaware State Bar Association. It is a forum for the free expression of ideas COLUMNS on the law, the legal profession and the administration of justice. It may publish articles representing unpopular and 4 President's Corner controversial points of view. 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In every instance, the views expressed are those of the authors, and 20 Access to Justice Spotlight no endorsement of those views should be inferred, unless specifically identified as the 22 DE-LAP Zone policy of the Delaware State Bar Association. 24 Book Review The Bar Journal published monthly with a 26 A Profile in Balance combined July/August issue. 34 Judicial Palate 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 DEPARTMENTS Wilmington, DE 19801 or e-mailed to: [email protected] 8 Calendar of Events All inquiries regarding advertising should be directed to the address above, Attention: 9 Section & Committee Meetings Advertising, Bar Journal. 31 Disciplinary Actions Letters to the Editor should pertain to recent articles, columns, or other letters. Unsigned 32 Bulletin Board letters are not published. All letters are 32 Of Note subject to editing. Send letters to the address above, Attention: Editor, Bar Journal. 36 2014 Legal Directory Order Form Cover Photo Credit: © istockphoto.com/nito100 DSBA Bar Journal | February 2014 3 PRESIDENT'S CORNER By Gregory B. Williams, Esquire Want to be Great? Serve Others f we are honest with ourselves, But to sit on my right hand and on my Jesus told them that they knew not what most people want to be recognized left hand is not mine to give; but it shall they asked of him and asked them the as great, first, or as the best in be given to them for whom it is prepared.” question, “Can you drink of the cup that something. As a profession, we have (St. Mark 10:39-40). And when the other I am about to drink?” Icreated a countless number of awards and ten disciples heard the conversation, they God answers prayers. However, be- distinctions to recognize ourselves as great were displeased with James and John. (St. cause of our own selfish motives, we or somebody special — Super Lawyer, Mark 10:41). Thereafter, Jesus gathered sometimes ask for things that may not Top Lawyer, Rising Star, AV Rated, Best all twelve disciples and said to them “You be the right thing for us. In the above in America, Best in Delaware, etc. There know that they which are accounted to example, James and John were thinking of is nothing wrong in having the need to rule over the Gentiles exercise lordship themselves first. Jesus ultimately explained be great or somebody special. The Bible over them: and their great ones exercise to James and John and the remainder of teaches, however, that a problem occurs authority upon them.” (St. Mark 10:42). his disciples the importance of denying self when we try to fill that need to be great However, that shall not be among you: but and serving others. or special in the wrong way or through whosoever will be great among you, shall The irony and lesson from the illus- improper means. be your minister (servant). Whosoever of you tration is that true greatness comes from will be greatest, shall be servant of all. For A Biblical Illustration serving others. Even Jesus himself came to even the Son of man came not to be served, In the gospel of St. Mark, Chapter 10, give of himself and to serve. What a great but to serve, and to give his life a ransom for example to follow! beginning at verse 32, Jesus tells his twelve many. (St. Mark 10:43-45). disciples that he is about to be betrayed and Practical Application and Open turned over to the Romans, and thereafter, Insight and Lessons Learned Call for Future Leaders of the he shall be condemned to death, mocked from the Biblical Illustration DSBA and crucified, and the third day he shall What we learn from this story is that rise from the dead. (St. Mark 10:32-34). In Becoming a leader in the DSBA is an there are twelve disciples but, these two their ambition, James and John, the sons of example of servant leadership. Giving of brothers, James and John, came to Jesus Zebedee, came unto Jesus, saying “Master, your talents and time to serve others and in private asking for a special favor. At this we want you to do for us whatever we shall making a meaningful difference in our most inopportune moment and being so desire.” (St. Mark 10:35). Jesus said to them Association and in our profession may be wrapped up in their own selfish ambition “What do you want me to do for you?” (St. a path to greatness in our profession. The and competition, their request reveals Mark 10:36). They answered Jesus “Grant DSBA is currently looking for future lead- that they had totally misunderstood the unto us that we may sit, one on thy right ers willing to serve others. You will find meaning of their mission and the nature hand, and the other on thy left hand, in the announcement asking members of the thy glory.” (St. Mark 10:37). Jesus said unto of Jesus’ mission. DSBA to consider applying themselves or them “You know not what ye ask: can ye Jesus knew what was implied by their to assist in identifying other strong leaders drink of the cup that I drink of? And be request. They wanted a shortcut to glory. for the future on page 2 of this month’s baptized with? (St. Mark 10:38). And they They wanted the glory without paying issue of The Journal. said unto Jesus “We can.” Jesus said unto the costs of glory. They failed to realize The DSBA bylaws provide some them “Ye shall indeed drink of the cup that there is no crown without a cross, guidelines on the criteria that should be that I drink of: and with the baptism that no throne without sacrifice, and no glory used to evaluate an individual’s fitness I am baptized withal shall ye be baptized: without the suffering that leads to it.