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October 2017 Volume 41 • Number 3 the Delaware State Bar Association Presents Dr OCTOBER 2017 VOLUME 41 • NUMBER 3 THE DELAWARE STATE BAR ASSOCIATION PRESENTS DR. MARTIN LUTHER KING, JR. Annual Breakfast & Statewide Day of Service SAVE THE DATE DATE/TIME Monday, January 15, 2018 Breakfast: 8:00 a.m. LOCATION Chase Center on the Riverfront 815 Justison Street Wilmington, DE 19801 TICKETS $35.00/person R.S.V.P. Deadline: January 8, 2018 More information about the Keynote Speaker, Breakfast, “The time is always right and Service Projects will be forthcoming. Sponsorships, ads, to do what is right.” and tables will also be available. - Dr. Martin Luther King, Jr. DSBA BAR JOURNAL OCTOBER 2017 | VOLUME 41 • NUMBER 3 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 26 Photographs from the Delaware Corporate Law PUBLICATION ASSISTANTS Janice Myrick Anniversary Symposium Susan Simmons 30 The Christopher W. White Distinguished Access to Justice Awards The Bar Journal is published and distributed by the Delaware State Bar Association Breakfast Invitation and Registration 405 North King Street, Suite 100 Wilmington, DE 19801 P: 302-658-5279 31 The Sequel Was Even Better Than the Original: F: 302-658-5212 DSBA’s Second Movie Night Was a Night to Remember www.dsba.org BY MARK S. VAVALA, ESQUIRE, DSBA EXECUTIVE DIRECTOR © Copyright 2017 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 on the law, the legal profession and the administration of justice. It may publish articles representing unpopular and COLUMNS controversial points of view. Publishing and editorial decisions are based on the quality of writing, the timeliness of the 4 President's Corner 18 Ethically Speaking article, and the potential interest to readers, and all articles are subject to limitations of 8 Editor’s Perspective 20 DE-LAP Zone good taste. In every instance, the views expressed are those of the authors, and 14 Tips on Technology 24 Book Review no endorsement of those views should be inferred, unless specifically identified as the 16 Commission on Law & Technology: 28 Access to Justice Spotlight policy of the Delaware State Bar Association. Leading Practices 34 Judicial Palate The Bar Journal is published monthly with a combined July/August issue. 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 letters are not published. All letters are 10 Side Bar 13 Section & Committee Meetings subject to editing. Send letters to the address above, Attention: Editor, Bar Journal. 10 DSBA Happenings 32 Bulletin Board 11 Why I Belong 33 Disciplinary Actions For Advertising Opportunities Call (302) 658-5279, ext. 102 12 Calendar of Events 33 Of Note Email: [email protected] Read The Bar Journal online at www.dsba.org Cover Photo Credit: © istockphoto.com/ oksix DSBA Bar Journal | October 2017 3 PRESIDENT'S CORNER By Michael Houghton, Esquire Alcohol and Substance Abuse in the Profession: A Disturbing Trend July 15, 2017, article in The than the general population. Experts depression, coupled with alcohol and New York Times captioned further speculate that drug use (often a substance usage, among law students. “The Lawyer, The Addict,” 1 mixture of prescription drugs and opioids) Significant usage of stimulants to increase recounted the tragic story of is also common, but because it is illegal, concentration while studying, purport- a successful, hard-charging Silicon Valley lawyers rarely admit to it, unlike alcohol edly enhancing academic performance, A consumption. One New York-based ad- and increasing alertness, is referenced in law firm partner, who, unbeknownst to his ex-wife, children, family, and friends, had diction expert quoted in the article noted an Autumn 2016 Journal of Legal Educa- become addicted to a combination of anti- a “significant rate of increase, specifically tion article. 2 depressants, pain relievers, and stimulants among attorneys using prescription medi- Law student alcohol consumption has including Vicodin, Tramadol, Adderall, cations that become a gateway to street increased materially over the last 20 years, cocaine, Xanax, crystal meth, and vari- drugs” and that almost every lawyer they along with rates of anxiety and depres- ous other prescription medications, and see coming in for treatment — even if they sion among law students. There may be died as a result. The article came out right drink — is also using Xanax, Adderall, lots of reasons for these trends. Students after I had taken over as President of the opiates, and other drugs. are placed in the position of learning Delaware State Bar Association on July 1, One mistaken assumption is that more the “new language” of law, dealing with 2017. Within 48 hours of the article, I re- senior lawyers, suffering from burnout of anxieties about their future, and managing ceived a large number of emails from local various sorts, are more likely to develop significant debt that they have undertaken lawyers who were troubled by what they depression or alcohol and substance abuse at the undergraduate and then graduate had read and the article’s discussion of the problems. This is not the trend, however. school level. Some of these challenges, very disturbing trends in depression and A number of studies address the develop- like learning how to learn the law, have substance abuse in the legal profession. ment and then escalation of stress and always been there, but others, like the The article identified a 2016 financial burden of paying report from the Hazelden for a legal education, are Betty Ford Foundation and greater now and competi- the American Bar Associa- tion for employment may tion that showed at least 21 well be more pronounced percent of lawyers are, based and difficult than 20 or 30 on well-established medical years ago. standards, problem drink- The trend continues ers, 28 percent struggle with once these students transi- mild or more serious depres- tion into practice. Of the sion, and 19 percent struggle 21 percent to 36 percent with anxiety. Eighty-five of practicing lawyers who percent of surveyed law- qualify as problem drink- yers acknowledged using ers, younger lawyers, in alcohol during the previous their first 10 years of prac- year — 20 percent higher tice, and those working in OcusFocus istockphoto.com/ © 4 DSBA Bar Journal | www.dsba.org private firms, experience the highest rates time. Constant accessibility to clients others to find out that they need help, of problem drinking and depression, all and colleagues through technological concerns regarding privacy or confiden- of which represents a shift from earlier advances and the incessant demand to tiality, fear of disciplinary action, as well research. Thirty-two percent (yes, almost be communicating about work can erode as a stigma that they believe attaches to one-third) of lawyers under age 30 qualify the health and well-being of some of us requiring help for their problems. This as problem drinkers. and eliminate the needed “safe time” was almost certainly the case for the There is reason for alarm in the pro- when lawyers can “turn off” their work attorney noted in the New York Times fession, and Delaware lawyers cannot commitments to enjoy their family, their article who tragically and senselessly think they are somehow insulated from friends, and their lives. lost his life. these trends. As the New York Times article shows, even highly stressed profes- sionals who turn to drugs or alcohol for While a majority of attorneys enjoy a life free“ from relief can continue to perform at high lev- the burdens of alcohol or substance abuse and els. A decline in performance and erosion depression, we must recognize and address the in the quality of an attorney’s work are “fact that many of our colleagues struggle and do often among the last indicators that there is a problem. We should not assume that not know of a safe way to get assistance. just because work is getting done, our firms or our practices or our colleagues are as healthy as they need to be. The While a majority of attorneys enjoy I have lost loved ones, family mem- statistics alone prove otherwise. Lawyers a life free from the burdens of alcohol bers, friends, as well as colleagues in suffer from higher rates of depression, as or substance abuse and depression, we our profession to alcohol and substance much as 3.6 times higher, than people must recognize and address the fact that abuse. Many of you reading this have in other occupations. Thinking like a many of our colleagues struggle and do as well. Developing a solution to any lawyer often requires a significant degree not know of a safe way to get assistance. problem requires acknowledging that it of skepticism and pessimism, which can There are barriers to a lawyer in trouble exists, and there is no reason to think contribute to stress and depression over seeking help, including not wanting that the national statistics on impaired We believeWe believe in building in building relationships. relationships. KruzaKruza Legal Legal Search Search Specializing inSpecializing permanent attorney, in permanent paralegal attorney, and support paralegal staff and placement support services staff placement since 1980. services since 1980. Kruza Legal SearchKruza Legal Search 1845 Walnut Street,1845 Walnut Suite 855 Street, Suite 855 Philadelphia, PAPhiladelphia, 19103 PA 19103 215.981.5455 /215.981.5455 phone / phone 215.981.0662 215.981.0662/ fax / fax www.kruza.com www.kruza.comPeggy Kruza Steven Kruza Steven Weiler Peggy Kruza Steven Kruza Steven Weiler DSBA Bar Journal | October 2017 5 and struggling lawyers are any different in dealing with others, thoughtfulness Notes: for Delaware than they are for the rest concerning the need for attorneys to take 1.
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