IN THIS ISSUE 2017 Law Day Luncheon Announcement and Registration P. 2 Report on the Mid-Year Meeting of the ABA House of Delegates P. 16 2016 Combined Campaign for Justice Contribution List P. 28 THE DELAWARE STATE BAR ASSOCIATION PRESENTS LAW DAY LUNCHEON 2017 MONDAY, MAY 1, 2017 • 12:00 NOON HOTEL DU PONT • WILMINGTON, DELAWARE The Honorable Collins J. Seitz, Jr. was sworn in as Justice of the Supreme Court of Delaware on April 14, 2015. Prior to his appointment, Justice Seitz was a founding partner of Seitz Ross Aronstam & Moritz LLP, a boutique corporate advisory and litigation firm in Wilmington, Delaware representing clients in high-profile corporate and trust disputes in the Delaware Court of Chancery. Before founding Seitz Ross, Justice Seitz was a partner of Connolly Bove Lodge & Hutz LLP in Wilmington Delaware, where he litigated corporate and intellectual property disputes. A member of the Delaware Bar since 1983, Justice Seitz served as a board member and chair of the Board of Bar Examiners, and a board member of the Board on Professional Responsibility. Both federal and state courts often appointed Keynote Address by Justice Seitz as a Master and Trustee to oversee complex corporate, commercial and intellectual property cases. He is The Honorable a Fellow of the American College of Trial Lawyers. Collins J. Seitz, Jr. Justice, Supreme Court of Delaware Justice Seitz received his undergraduate degree from the University of Delaware and his law degree from the Villanova University School of Law. Law Day Luncheon 2017 • Monday, May 1, 2017 • 12:00 noon Please reserve ______ place(s) for me at the Monday, May 1, 2017 Law Day Luncheon to be held at 12:00 noon at the Hotel du Pont. $55/per person. Please include names and DE ID numbers of all attendees with response. Name: _________________________________________________________________________ DE ID No.: _____________________________ Firm: ___________________________________________________________________________ Phone: ________________________________ E-mail: ___________________________________________________________________________________________________________________________ Address: _________________________________________________________________________________________________________________________ Check/Charge in the amount of $ ________________ enclosed. ($55/per person) Please make checks payable to DSBA. MasterCard Visa Amex Discover Expiration date: ________ CVV: ______ Card number: ________________________________________ Signature: ____________________________________________________________ (Required if card purchase) Billing Zip Code: ________________________ Please fax to (302) 658-5212 or mail by April 24, 2017 to: Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE 19801 Refund Policy: Refunds will not be issued unless cancellation is received no later than one week prior to the luncheon. DSBA BAR JOURNAL MARCH 2017 | VOLUME 40 • NUMBER 8 PRESIDENT Miranda D. Clifton EXECUTIVE DIRECTOR Mark S. Vavala EDITORIAL BOARD Jason C. Powell Benjamin A. Schwartz Seth L. Thompson EXECUTIVE COMMITTEE LIAISON David J. Ferry, Jr. FEATURES PUBLICATIONS EDITOR Rebecca Baird 2 2017 Law Day Luncheon Announcement and Registration PUBLICATION ASSISTANTS Janice Myrick Susan Simmons 16 Report: 2017 Mid-Year Meeting of the ABA House of Delegates BY WILLIAM D. JOHNSTON, ESQUIRE The Bar Journal is published and distributed by the Delaware State Bar Association 405 North King Street, Suite 100 20 The 2017 Blue-Gold High School All-Star Basketball Games Wilmington, DE 19801 BY LAWRANCE SPILLER KIMMEL, ESQUIRE P: 302-658-5279 F: 302-658-5212 www.dsba.org 28 2016 Combined Campaign for Justice Contribution List © 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 COLUMNS articles representing unpopular and controversial points of view. Publishing and editorial decisions are based on the 4 President's Corner 18 Access to Justice Spotlight quality of writing, the timeliness of the article, and the potential interest to readers, 6 Editor’s Perspective 22 DE-LAP Zone and all articles are subject to limitations of good taste. In every instance, the views 10 Tips on Technology 24 LOMAP for the Delaware Lawyer expressed are those of the authors, and no endorsement of those views should be 12 Ethically Speaking 26 Book Review inferred, unless specifically identified as the policy of the Delaware State Bar Association. 14 Highlights from the Courts 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 DEPARTMENTS Wilmington, DE 19801 or emailed to: [email protected] 7 Side Bar 9 Section & Committee Meetings Letters to the Editor should pertain to recent articles, columns, or other letters. Unsigned 7 Disciplinary Actions 31 In Memoriam letters are not published. All letters are subject to editing. Send letters to the address 7 Why I Belong 32 Bulletin Board above, Attention: Editor, Bar Journal. 8 Calendar of Events For Advertising Opportunities Call (302) 658-5279, ext. 102 Email: [email protected] Read The Bar Journal online at www.dsba.org Cover Photo Credit: © istockphoto.com/ ganchar DSBA Bar Journal | March 2017 3 PRESIDENT'S CORNER By Miranda D. Clifton, Esquire A Legal Legacy he practice of law lenge the new attorneys. is extremely gen- However, one speech I will erational. The law never forget was given by is living and con- Justice Randy Holland on stantly changing, potentially civility and ethics. This T year, I was encouraged to with every case that is filed. The law that I “inherited” has hear him get up and speak been carefully constructed by to the new admittees in the legislation and case law 2016 about the importance for several decades before of civility and ethics. my birth. Even during my Justice Randy Holland practice, the law in certain epitomizes civility and eth- areas has made some dramatic ics in Delaware. On a per- shifts. I have always tried to sonal level, you will never © istockphoto.com/ stevanovicigor istockphoto.com/ © be true to the vision of the meet more of a gentleman in forefathers whom I have studied and who have a responsibility to my profession to every sense of the word than Justice Hol- formulated the Constitution as they be- prepare and maintain the practice of law land. His soft-spoken, kind mannerisms gan a new world; however, the world has for the next generation of attorneys who are always a pleasure. I have observed and changed drastically since that time (as has will have challenges and obstacles that I interacted with him for several years and the Constitution). cannot even imagine. have never heard an unkind or offensive I recently was exposed to the follow- I have had the privilege to speak and word or tone come out of his mouth, even ing quote, “We do not inherit the earth interact on a couple of occasions with when well-deserved. Although he is quali- from our ancestors; we borrow it from our the 2016 newly admitted attorneys to the fied to do so, he has never been one to children.” This is a quote that was used Delaware Bar. My conclusion is that the grandstand or demand the spotlight for so often, no one really recalls whether it future of the Bar will be in good hands. himself. In fact, he only takes center stage originated with the Native Americans or These attorneys are bright, optimistic, when he has a message that needs to be the Amish. However, it is an extremely and have the capacity to uphold traditions heard or is bestowing honor on another. insightful perspective on our responsibil- while being innovative. I encourage you Justice Holland understands that ity on how to handle the world we have to welcome these new members of the although he has earned, through his been given. While this quote has been in- Delaware Bar, take them out to lunch gentle demeanor as well as his outstand- terpreted more environmentally, I would and make yourself available to them. All ing accomplishments, the right to “use” like to discuss it more in the context of of us are interested in making sure that the legal profession as his possession, that the legal profession. each new attorney succeeds in practicing it is merely on loan from the generations I have shifted my thinking about law in Delaware. of newer attorneys. In his roles within how I approach the law in the last few During some of these ceremonies, the legal community, most recently as years. While there is value in upholding my mind went back to when I sat in the Supreme Court Justice for over 30 years, the ideals of my ancestors, it is impera- same seat that they did and listened to he has portrayed excellence not only tive that I understand that I am merely Bill Johnston (then Delaware State Bar within Delaware, but globally represent- a bridge between generations. As such, I Association President) welcome and chal- ing Delaware. 4 DSBA Bar Journal | www.dsba.org The Delaware Bar applauds you, Jus- tice Holland. We are all better because we have known you and we wish you every AW FFICES OF future success in whatever adventures lie L O beyond the Delaware Supreme Court. Thank you for leaving your fingerprint DANA L. REYNOLDS, LLC on the Delaware legal profession and be- ing instrumental in the Delaware legal community remaining a vibrant, civil, FAMILY LAW Divorce and Separation and professional forum to practice law Adoption for generations to come. Custody/Guardianship Termination of Parental Rights Miranda “Mindy” Clifton has Embryo & Egg Donation graduated from every college and Gestational Surrogacy university beginning with a “W” Domestic Violence/PFAs including Wesley (BS), Widener (JD) and CRIMINAL DEFENSE Wilmington (MBA).