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 Delaware State Bar Association 1 PADUA ACADEMY DINNER IN HONOR OF Women’s2011 Achievement HONORING H ER EXCELLENCY Mary Ann Glendon United States 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. IThere were many issues addressed at this These changes go beyond social media In addition to moving forward with conference, all affecting lawyers 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 lawyer 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.