Law Day Luncheonmedia.dsba.org/Publications/BarJournal/2010-2011/04.2011.pdf · 2011-08-02 · Delaware’s Law Day in the schools will aim to educate students on the Rule of Law

1April 2011 • The Journal of The Delaware State Bar Association

April 2011 • Volume 34, Number 9April 2011 • Volume 34, Number 9

Law Day LuncheonApril 28, 2011

Gold Ballroom, Hotel du PontSee page 2 for more information.

Law Day LuncheonThursday, April 28, 2011 • 12:00 Noon

Gold Ballroom • Hotel du Pont

Keynote SpeakerThe Honorable Michael N. Castle

A former Deputy Attorney General, state legislator, Lieutenant Governor, two-term Governor of Delaware, Michael N. Castle also served a record nine terms as Delaware’s lone Member in the House of Representatives.

Mr. Castle played a key role in enacting many laws, including welfare reform, the balanced budget act, the Crime Bill, No Child Left Behind, vocational education, campaign finance reform, medical research and intelligence reform.

As the ranking Member on the Subcommittee on Early Childhood, Elementary and Secondary Education, some of Castle’s priorities included obesity prevention and child nutrition, Head Start, and the recruitment of highly qualified teachers.

Serving on the House Committee on Financial Services, which has jurisdiction over banking and the securities and insurance industries, Mr. Castle authored legislation to protect sensitive data to shield consumers from identity theft, worked to ensure the viability of low income housing programs, examined the impact of Sarbanes-Oxley on

corporations, and studied ways to help more consumers have access to the credit they need. Castle’s bill to create a Presidential Dollar Coin program, based on his successful 50 State Quarter Program, debuted with the first coin of George Washington.

Liberty Bell AwardPresented to

Michael H. McGrathChief of Planning, Delaware Department of Agriculture

Community Service AwardPresented to

Geoffrey Gamble, EsquireE. I. du Pont de Nemours and Company

Awards Presentation

Law Day Luncheon • Thursday, April 28, 2011 • 12:00 noonPlease reserve ______ place(s) for me at the Thusrday, April 28, 2011 Law Day Luncheon to be held at 12:00 noon at the Hotel du Pont.

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. ($39/per person) Please make checks payable to DSBA.

MasterCard p Visa p Amex p Discover p Expiration date: _________ Card number: __________________________________________

Signature: ____________________________________________________________ (Required if card purchase) Billing Zip Code: ______________________

Please fax (302) 658-5212 or mail by April 22, 2011 to: Delaware State Bar Association, 301 North Market Street, Wilmington, DE 19801Refund Policy: Refunds will not be issued unless cancellation is received no later than one week prior to the luncheon.

3 The Journal of The Delaware State Bar Association • April 2011

April 2011 Volume 34 • Number 9

The Journal of the Delaware State Bar Associationis published monthly with a combined July/August issue

byDelaware State Bar Association

301 North Market StreetWilmington, DE 19801

302-658-5279(From Kent and Sussex Counties)

800-292-7869 FAX: 302-658-5212

www.dsba.org

PresidentMatthew M. Greenberg

Executive DirectorRina Marks

Editorial Board David W. deBruinMichael L. Sensor Seth L. Thompson

Executive Committee LiaisonTheresa V. Brown-Edwards

Vice President-at-Large

Publications EditorRebecca Baird

© Copyright 2011 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 controversial points of view. Publishing and editorial decisions are based on the quality of writing, the timeliness of the article, and 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

should be mailed to:Editor, DSBA Bar Journal

Delaware State Bar Association 301 North Market StreetWilmington, DE 19801

or e-mailed to: [email protected]

All inquiries regarding advertising should be directed to the address above,

Attention: Advertising, Bar Journal.

2 Law Day Luncheon Announcement and Registration

7 Law Week Volunteer Opportunity

11 Report of the Nominating Committee

12 Nominations Sought for Bench and Bar Award

16 2011 Bench and Bar Announcement

24 Wills for Seniors By Regina E. Gray, Esquire

FEATURES

4 President’s Corner6 Editor’s Perspective10 Tips on Technology14 Ethically Speaking20 Pro Bono Spotlight22 DE-LAP Zone26 Book Review30 Judicial Palate

COLUMNS

DEPARTMENTS

5 Of Note8 Calendar of Events9 Section & Committee Meetings25 Section News 28 Bulletin BoardLetters 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: © Jeniicorv8 | Dreamstime.com


J ustice Sandra Day O’Connor has stressed the need that we ensure that “succeeding generations learn what

they have to know to keep our country on the right track and to have understanding citizens who participate.” Recently, the American Bar Association has echoed this sentiment in passing a resolution that “en-courages all lawyers to consider it a part of their fundamental responsibility to ensure that students experience high-quality civic learning, including the study of law, gov-ernment and history.” One of the primary ways in which this message is advanced is through Law Day and the programs associated there-with. We will commence Delaware’s celebration of Law Day on April 28 with our Law Day luncheon to be held at the Hotel du Pont.

Law Day underscores how law and the legal process have contributed to the freedoms that all Americans share. The ABA defines Law Day as a “national day set aside to celebrate the Rule of Law. Law Day underscores how law and the legal process have contributed to the freedoms that all Americans share.” The concept of Law Day originated in 1957 with then ABA President Charles S. Rhyne envisioning a special day for celebrating our legal system. Building on this vision, a year later, in 1958, President Dwight D. Eisenhower established Law Day to strengthen our wonderful heritage of liberty, justice, and equality under law. In 1961, May 1 was designated by a joint resolution of Congress as the official date for celebrating Law Day. The language of the statute calls it “a special day of celebration by the American people in appreciation of their liberties and rededi-

cation to the ideals of equality and justice under law.”

Law Day asks Americans to focus upon every American’s rights as laid out in the fundamental documents of American democracy: the Declaration of Independence and the federal Constitu-tion. Unfortunately, fewer citizens have a clear understanding of the principles underlying these documents or even the identity and role of our three branches of government. We, as lawyers, have a

duty to educate those around us to keep these fundamentals of our governmental system alive.

In an increasingly interconnected world, legal issues of individual rights, criminal justice and rights of the accused, intellectual property, business transac-tions, dispute resolution, and government regulation affect us all. We must continue to teach and secure the legal principles of due process and equal protection of the law, judicial independence, and access to justice.

The easiest way to participate in Dela-ware’s Law Day events is to attend the luncheon and to support the programs which are sponsored by the Delaware Law Related Education Center (DELREC). DELREC is a statewide consortium of educators, attorneys, judges, law enforce-ment officers, and other community lead-ers with a mission to enhance the pres-

ence of law-related education initiatives in Delaware. It seeks to promote active learning experiences and skills develop-ment for students who need to function in a society based on the Rule of Law. I know many attorneys again participated in the 2011 High School Mock Trial Competi-tion and I thank you for your support. DELREC is coordinating this year’s na-tional Law Day theme of The Legacy of John Adams, From Boston to Guantanamo, which highlights our nation’s first lawyer-

president and seeks to foster an understanding of the historical and contemporary role of lawyers in defending the principle of due process and the rights of the ac-cused. Delaware’s Law Day in the schools will aim to educate students on the Rule of Law during the period

from May 2 through May 6. Attorneys and judges will present a 45 minute lesson using materials provided by DELREC. I urge you to take full advantage of this opportunity to provide students with a civic education by contacting DELREC to participate in this program.

Law Day also reminds us of the issues that we currently face in our legal sys-tem. Our judiciary, both nationally and at the state level, remains underfunded and understaffed which denies citizens access to justice. Our courts face mount-ing pressure throughout the country to maintain their judicial independence. Moreover, economic pressures are limit-ing the resources provided to indigent criminal defendants which may impact their Sixth Amendment rights to effec-tive assistance of counsel. As lawyers, we must work with our courts, legislature, and executive branch to maintain these

By Matthew M. Greenberg, Esquire

President's Corner

We must continue to teach and secure the legal principles of due process and equal protection of the law, judicial independence, and access to justice.

Law Day 2011


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tenets of our society and educate others about the importance of these principles.

Finally, another way to support DELREC and its programs is to par-ticipate in the upcoming re-instituted Race Judicata, proceeds of which will be contributed to DELREC. This year’s event will be held on April 9 at 9:00 a.m. at the Wilmington Riverfront and will be hosted by Joe’s Crab Shack. Joe’s is helping us put together a terrific post-race reception for everyone to enjoy. We hope to raise more than $10,000 to support DELREC’s mission. Please consider donating to support DELREC this year through a financial contribution and par-ticipation in the Race Judicata. Contact the DSBA for information about making a donation and visit either the DSBA web-site or www.races2run.com for additional information about the race.

I look forward to seeing you at the Law Day luncheon, a DELREC orga-nized Law Day event in our schools, and at the Race Judicata.

2011Race Judicata

Saturday, April 99:00 a.m.at the

Wilmington Riverfront

Proceeds Benefit the Delaware Legal Related Education Center

5K Run/Walk

Registration opens at 8:00 a.m.

For more details, visit www.dsba.org/judicata.htm or email Charles Vincent at [email protected]

Of NoteCongratulations to Michael L. Sensor, Esquire and his family on the birth of his daughter, Ketevan Sophia Sensor, on January 29, 2011.

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I t was a Friday, the day after our only major snowstorm of the year. The sun was rising weakly over the

front yard, a blue sky dimly revealing trees still heavy with wet snow and an icy driveway. I was getting my things in order in preparation for leaving for work after a day spent telecommuting into an office closed by the storm. I had just gotten off the phone with my partner, confirming that the roads were clear enough to open the office on time, when my wife Patri-cia’s cry echoed through the house:

“Honey! Come quick!”It was The Day—the

day that I knew would be here sooner or later, the day of my daughter’s birth. Yes, The Day had come about ten days early, but childbirth is a law of nature, like gravity and tidal forces, which is not subject to reargument or appeal. So, I got right back on the tele-phone and called my partner to let him know I wouldn’t be in that day, or for the next two weeks, for that matter.

A quick call to my wife’s OB-GYN made it clear that we needed to get to the hospital right away. And so, off we went to Christiana Hospital. It was a little strange entering the hospital for the first time as a patient (well, the spouse of a patient) rather than to conduct a medical deposi-tion or to interview an allegedly disabled person in a guardianship proceeding. A brief hour or so spent in the triage room, and Patricia was assigned a “birthing suite”—a very modern take on the expe-rience of childbirth. And, unlike the old days, in which the father paced back and forth in the waiting room until the doctor

came out to give him the good news, I was not only permitted to be in the room, but was actually encouraged to help my wife through the experience. Minutes turned into hours, which turned into three-quarters of a day, until at long last, Ketevan Sophia Sensor entered into the world at 3:51 a.m. on January 29, 2011.

Our daughter had to spend the first 16 days of her life in the hospital due to complications that arose shortly after childbirth. While that was a difficult

and traumatic time, and was incredibly emotionally stressful, it actually had some positive benefits for my wife and me. For example, we were able to learn the basics of child care from the nurses who cared for our daughter, including the finer points of diaper-changing and swaddling. It also gave us an opportunity to get some much-needed sleep, especially after a difficult childbirth and two days spent in uncomfortable hospital beds and eating bad hospital food. It was difficult not to feel guilty during this time, because we felt we should be spending each and every waking moment at our daughter’s bedside. However, the nurses, doctors, and other staff at the hospital could not have been nicer and more helpful to us; they made it clear to us that they had everything under control and that this

was a time we needed to be a little selfish towards ourselves and get some rest while we could. And, indeed we did.

In a prior column in this journal, I wrote that our lives changed the day my wife and I found out that she was pregnant. In reality, though, the true change in our lives came the day our daughter was born. It is difficult to find words to describe the monumental dif-ference in one’s life that having a small baby brings. To call it an upheaval

would be an understate-ment. Uninterrupted sleep is a distant memory, and silent nights are no more. Fortunately for us, as she gets older (she is eight weeks old as I write this), she is beginning to sleep better through the night, and is actually allowing us some measure of sleep in

increments greater than two to three hours at a time.

Nonetheless, both of us are finding that we have had to make significant adjustments in our lives. I have become less active in activities outside of work and the home, allowing me to spend more time with my daughter. I know, and have been told by virtually every-body to whom I have spoken, that the first years of my daughter’s life are a time not to be missed. I know that I will never get this time back, so I have had to make sacrifices in what I do, and how often and when I do it, in order to have this precious time with her. And, that is something I gladly do.

My entire outlook on life has changed. Parenthood is perhaps the most self less thing that somebody can do. Every deci-

Editor’s Perspective

Parenthood

By Michael L. Sensor, Esquire

I t is dif f icult to f ind words to d e s c r i b e t h e m o n u m e n t a l d i f f e r e n c e in o n e ’s l i f e t h a t having a small baby brings. To ca l l i t an uphe ava l would b e an understatement.


sion my wife and I make, and every action we take, now has as its primary purpose how it will affect or benefit Ketevan. This may sound like a trite expression, but there really is no “I” in parenthood.

I am now two months into what will be a lifelong adventure with my beauti-ful daughter. Every day brings with it a new challenge, but also something new and different. In just eight weeks, I have seen her go from a tiny, helpless infant to a chubby, happy, content baby. Each day my daughter smiles a little more, opens her eyes a little wider, and recog-nizes Patricia and me a bit better. In all likelihood, by the time I write my next column for this journal, my daughter will be laughing, crawling, and fully aware of her surroundings.

I cannot wait for the future.

About ten years ago, Doris and Carl Schnee

started a private foundation in their name.

Creating the foundation enabled them to

focus their giving and to record of all of the gifts they

made throughout the year as well as their holiday year-end donations.

This past year, the Schnees moved the management of their private foundation to the

Delaware Community Foundation.

“It just made sense for us. We want to support the work of theDCF,” Carl noted. “It won’t change what we are already doing, just where it comes from.”

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People Who

Care

Please Volunteer to Go to a High School for Law Week

May 2 - May 6, 2011 Delaware’s Law Day in the Schools Program is endorsed by the Supreme Court of Delaware and the Department of Education. Over the past several years, the Delaware Law Related Education Center (DELREC) has expanded Law Day from May 1 and now it covers a week. The goal is to place one or more attorneys or judges in each of the public and private schools in Delaware.

This year’s topic from the American Bar Association is “The Legacy of John Adams: From Boston to Guantanamo.” Stephen N. Zack, the President of the ABA, chose this year’s theme “to highlight our nation’s first lawyer president and to foster understanding of the historical and contemporary role of lawyers in defending the principle of due process and the rights of the accused.” All lesson materials will be available on our web site, www.delrec.org, on April 11, 2011.

Many of you helped with the program last year and we hope you will join us again. If you are interested in being a volunteer, please send an e-mail to Pat Quann at [email protected].


ExEcutivE committEEmEmbErs

Matthew M. GreenberG President

JaMes G. McGiffin, Jr.President-elect

theresa V. brown-edwards

Vice President-at-large

robert J. Krapf

Vice President, new castle county

eMily a. farley

Vice President, Kent county

MarGaret r. cooper

Vice President, sussex county

Miranda d. clifton

secretary

Karen Jacobs louden

assistant secretary

GreGory b. williaMs

treasurer

yVonne taKVorian saVille

assistant treasurer

benJaMin strauss Past President

the honorable Mary M. Johnston

Judicial MeMber

JereMy douGlas anderson

assistant to President

Michael houGhton

legislatiVe assistant

williaM patricK brady crystal l. carey

arthur G. connolly iii doneene KeeMer daMon Jill speVacK di sciullo

richard MontGoMery donaldson

daVid J. ferry, Jr.richard a. forsten

danielle Gibbs

brenda JaMes-roberts

albert h. ManwarinG iVMeMbers-at-large

rina MarKs

executiVe director

April 2011Tuesday, April 5, 2011 Short Topics in Real Estate 3.0 hours CLE credit Live at Delaware State Bar Association, Wilmington, DE Webcast to Tunnell & Raysor in Georgetown, DE and Community Legal Aid Society in Dover, DE

Saturday, April 9, 2011 9:00 a.m. (Registration begins at 8:00 a.m.) Race Judicata 5K Run/Walk Riverfront, Wilmington, DE

Tuesday, April 19, 2011 Labor and Employment Law Update 2011 5.0 hours CLE credit Delaware State Bar Association, Wilmington, DE

Wednesday, April 20, 2011 Surviving Small Firm Practice 3.5 hours CLE credit Live at Delaware State Bar Association, Wilmington, DE Webcast to Tunnell & Raysor in Georgetown, DE and Community Legal Aid Society in Dover, DE

Thursday, April 28, 2011 Law Day Luncheon Hotel du Pont, Wilmington, DE

May 2011Wednesday, May 4, 2011 Workers’ Compensation 6.5 hours CLE credit Chase Center on the Riverfront, Wilmington, DE

Thursday, May 12, 2011 Recent Developments in Delaware Corporate and Alternative Entity Law 4.0 hours CLE credit Doubletree Hotel, 700 N. King St., Wilmington, DE

Friday, May 13, 2011 The Judge Haile L. Alford Memorial Breakfast DuPont Country Club, 1001 Rockland Road, Wilmington, DE

Wednesday, May 18, 2011 Corporate Counsel Seminar Delaware State Bar Association, Wilmington, DE

Wednesday, May 25, 2011 Environmental Law Update 2011 Delaware State Bar Association, Wilmington, DE

June 2011Wednesday, June 8, 2011 Ethics Rock Extreme 3.0 hours CLE credit Prior to the Bench and Bar Conference Chase Center on the Riverfront, Wilmington, DE

Wednesday, June 8, 2011 2011 Bench and Bar Conference Chase Center on the Riverfront, Wilmington, DE

Calendar of Events


Professional Guidance committeeThis committee provides peer counseling and support to lawyers overburdened by personal or practice-related problems. It offers help to lawyers who, during difficult times, may need assistance in meeting law practice demands. The members of this committee, individually or as a team, will help with the time and energy needed to keep a law practice operating smoothly and to protect clients. Call a member if you or someone you know needs assistance.

Karen Jacobs Louden, Co-ChairI. Barry Guerke, Co-Chair

Dennis L. Schrader, Co-ChairSidney Balick

R. Franklin Balotti Victor F. Battaglia, Sr.

Dawn L. BeckerRobert K. Beste, Jr.

Vincent A. Bifferato, Sr.Amy K. Butler

Mary C. BoudartCrystal L. CareyMichael D. CarrBen T. Castle

Thomas P. Conaty IV Edward CurleyMatthew DennGary R. Dodge

Shawn DoughertyMark F. Dunkle

David J. Ferry, Jr.David C. Gagne

Robert D. GoldbergJames D. Griffin

Thomas Herlihy IIIGlenn E. Hitchens

Clay T. JesterHon. Peter B. Jones

Richard I. G. Jones, Jr.Rebecca Batson Kidner

Bayard MarinJames J. MaronWayne A. Marvel

James G. McMillan IIIOmar Y. McNeill

Michael F. McTaggartFrancis E. Mieczkowski, Jr.

Paulette Sullivan MooreIrving Morris

Michele L. MuldoonFrank E. Noyes IIElizabeth Y. Olsen

Donald E. ReidDavid B. RipsomJames B. Ropp

Kenneth M. RosemanLeonara Ruffin

Thomas D. RunnelsH. Murray Sawyer, Jr.R. Judson Scaggs, Jr.

Mary E. SherlockGordon W. StewartEdward A. Tarlov

Hon. Charles ToliverKaren L. Valihura

Piet H. van OgtropKevin E. WalshDavid A. White

David N. WilliamsHelen L. Winslow

Hon. William L. Witham, Jr.Psychiatrist - Dr. Carol Tavani

April 2011Monday, April 4, 2011 • 12:30 p.m. Senior Lawyers Committee Monthly Luncheon Meeting Delaware State Bar Association, 301 North Market Street, WilmingtonTuesday, April 5, 2011 • 3:30 p.m. Estates & Trusts Section Meeting Young Conaway Stargatt & Taylor LLP, 1000 West Street, WilmingtonWednesday, April 6, 2011 • 12:00 p.m. Multicultural Judges and Lawyers Section TeleconferenceWednesday, April 6, 2011 • 12:30 p.m. Women and the Law Section Meeting Marks O’Neill O’Brien & Courtney, P.C., 300 Delaware Avenue, Suite 900, WilmingtonThursday, April 7, 2011 • 12:30 p.m. Commercial Law Section Annual Meeting Richards, Layton & Finger, P. A., 920 North King Street, WilmingtonThursday, April 7, 2011 • 4:00 p.m. Real & Personal Property Section Annual Meeting Young Conaway Stargatt & Taylor LLP, 1000 West Street, WilmingtonFriday, April 8, 2011 • 12:00 p.m. Alternative Dispute Resolution Section Meeting New Castle County Courthouse, 500 North King Street, 10th Floor, Wilmington Law Office of Laura A. Yiengst, LLC, 314 South State Street,Dover DE (Kent County)Friday, April 8, 2011 • 12:00 p.m. Health Law Section Meeting Delaware State Bar Association, 301 North Market Street, WilmingtonMonday, April 11, 2011 • 4:30 p.m. Worker’s Compensation Section Meeting Young Conaway Stargatt & Taylor LLP, 1000 West Street, WilmingtonTuesday, April 12, 2011 • 5:00 p.m. Bankruptcy Section Bench & Bar Meeting Judge Carey’s Courtroom, 824 Market Street, 5th Floor, WilmingtonWednesday, April 13, 2011 • 12:00 p.m. E-Discovery and Technology Law Section Meeting Potter Anderson & Corroon LLP, 1313 North Market Street, 6th Floor, WilmingtonThursday, April 14, 2011 • 12:00 p.m. Litigation Section Meeting Ballard Spahr, 919 North Market Street, 11th Floor, WilmingtonThursday, April 21, 2011 • 12:00 p.m. Executive Committee Meeting Delaware State Bar Association, 301 North Market Street, WilmingtonThursday, April 21, 2011 • 12:30 p.m. Law and the Elderly Committee Meeting Law Office of William W. Erhart, P.A.,1011 Centre Road, Suite 117, WilmingtonMonday, April 25, 2011 • 4:00 p.m. Taxation Section Meeting Morris Nichols Arsht & Tunnell LLP, 1201 North Market Street, WilmingtonWednesday, April 27, 2011 • 4:00 p.m. Family Law Section Meeting Kelleher & Laffey, 1509 Gilpin Avenue, WilmingtonFriday, April 29, 2011 • 12:30 p.m. Social Security Disability Section Meeting Linarducci & Butler, PA, 910 West Basin Road, Suite 100, Wilmington

Section & Committee Meetings


Remote Telephones:You Have More Alternatives than Your Cell Phone

A service of the E-Discovery and Technology Law Section of the Delaware State Bar Association

Tips on Technology

By Richard K. Herrmann, Esquire

Y ears ago, those who worked hours from home had a second tele-phone line installed in their home

office. Things worked fine, with separate voicemail and a hard wired service. This practice seems to have fallen out of favor with the advent of cell phones. Many believe the cell phone is more convenient; others simply cannot tolerate three differ-ent telephone numbers and three voicemail systems. I have tried that approach and it does get confusing. However, I do not believe the cell phone as the only home office device is acceptable.

Just a few years ago, new telephone technology was introduced into the legal marketplace. This is referred to as VOIP, voice over internet protocol. A wide range of this kind of technology exists. In this article, I am gong to discuss the high-end for the serious home office user; and I’ll spend some time at the low-end for those looking for a VERY inexpensive solution for reducing cell phone minutes, or in need of a second line for the family

The High-End

One of the best telephone systems available for the law office environment is provided by Cisco. It offers what is called unified messaging, permitting the user to review voicemail (as a .wav file attached to an e-mail) from a computer or handheld device. In fact, systems such as this offer the option of having multiple rings on more than one phone. For example, my office number rings in my office and on my iPhone at the same time. The client needs only to deal with my office phone number. If I am not available to answer the phone, the message is left on the main Cisco system. I do not have to manage voicemail on my cell phone as well.

Systems such as Cisco also offer phone manager software which will permit me to operate a “soft phone” from my computer while at home or away. With a phone or headset attached to my computer, I can make and receive calls just as if I were at my phone in my office. It is an interesting concept and a good idea. However, folks like me just seem to have trouble being tied to the computer in this way; it seems to be unnecessarily limiting. But, Cisco offers another alternative, one which I would classify as “perfect.” The device is a remote router. It is a box which connects to the router in my home. This router does a number of things. First, it makes a secured connection (similar to VPN) with the of-fice. Second, it permits a Cisco phone to be attached to it. As long as there is Internet connection, there is a dial tone. Best of all, it permits me to have the exact same phone at home as I have in my office. It looks like my office phone, it has the same buttons and it sports the same extension number. Think of it as if you were in your office and had a phone on your desk and a second phone next to a client chair. It is the very same. When I call my partner next door, I simply dial the four digit extension from either phone. No expensive wiring is required, no monthly expense, and no second phone line or additional phone number. It is magic.

The Low-EndSpeaking of magic, I promised to offer

a low-end additional phone solution. This is also a VOIP device known as Magic Jack. Since I cannot vouch for it in terms of security, I cannot offer it as a home office alternative. However, if you are looking for a free second phone line or a means of reducing monthly cell minutes, this may be just what you need. The initial cost of

Magic Jack is $40. What you get is a USB device about the size of a match box. Once you insert it into the USB port of your computer, you will find it automatically assists you for easy set-up. You can select any area code and obtain a permanent phone number for the device. Any phone can be plugged into Magic Jack and what you will hear is an instant dial tone. Just dial any number in the United States (there is a charge for international calls) and you are good to go. Voice quality is great and your number will show on caller ID just like any other number. The annual renewal cost is $20. Even if you do not re-ally need a second line, with Magic Jack, I can get you a Naples Florida telephone number for the winter months, for only $40 and no mortgage. (retailer: Best Buy; web: www.magicjack.com)

SIDEBAR App of the Month

Walgreens gets a “Yeh!”

This App is obviously not law-related, but a productivity tool nontheless. If you use Walgreens for your prescriptions, download its free App. What you get is a method of prescription refill that takes seconds. Once you go through the initial set up, all you do is key your prescription number and it will tell you when your order will be ready. If you don’t want to use your keyboard, just scan it. It is that simple. The App has other uses but they pale in comparison. (Go to the App Store and key “Walgreens”.)

Ratings are based on a scale of one to five gavels, with five gavels being the highest rating.


Report of the Nominating CommitteeThe Nominating Committee met on March 24, 2011 and nominated the following for officers and membership on the Executive Committee for the year July 1, 2011 to June 30, 2012:

Vice President-at-Large: Gregory B. WilliamsVice President, New Castle County: Yvonne Takvorian SavilleSecretary: Karen Jacobs LoudenAssistant Secretary: Robert J. KrapfTreasurer: Richard A. ForstenAssistant Treasurer: Miranda D. CliftonMembers-at-Large: Crystal L. Carey Jill S. Di Sciullo David A. Felice David J. Ferry, Jr. Albert H. Manwaring, IV Michael F. McTaggart

In addition, the Committee nominated:

E. Norman Veasey to a 4-year term as the Delaware State Bar Association representative to the Delaware Bar Foundation.

This report is being filed pursuant to Section 6.16(e) of the Association bylaws. Section 6.16(f ) of the Bylaws of the Association provides:

“Any ten members of the Association may nominate other members in good standing of the Association for any office for which nominations have been made by the committee by filing a signed written petition with the Secretary of the Association within ten days after the report of the Committee has been published. If a petition nominating other candidates be duly filed the Secretary shall publish notice, in a Bar Association publication or by any other reasonable means of notification, of the petition with the name(s) of the candidate(s) proposed so that the membership has notice of at least fourteen days prior to the election of the names of all candidates so nominated. There shall be no other nominations.”

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The Delaware Lawyers Assistance Program (DE-LAP) was created to confidentially help Judges and Lawyers with substance abuse/dependence and/or mental and physical health problems.

Call or e-mail: Carol P. Waldhauser Executive Director

Direct: (302) 777-0124Toll-Free: 1-877-24DE-LAP

or the Emergency Toll-Free Hotline

1-877-652-2267

e-mail: [email protected]: www.de-lap.org

HIRING A PARALEGAL?

Log on to www.deparalegals.org

For more information about posting jobs on

DPA’s website, contact the

Job Bank Director, Sharyn C. Hallman, DCP,

at (302) 984-3882.


Nominations Sought for Bench & Bar AwardThe Delaware State Bar Association and the Awards Committee are seeking nominations for The First State Distinguished Service Award to be presented at the 2011 Bench & Bar Conference. The award is described below:

First State Distinguished Service Award – This award is given annually at the Bench & Bar Conference to a member of the Delaware Bar who, by exemplary leadership and service dedicated to the cause of good citizenship in civic and humanitarian service over a period of many years has maintained the integrity and honored recognition of the legal profession in community affairs and who, as an outstanding Delawarean, unceasingly advances the ideals of citizen participation and community accomplishment, thus reflecting high honor on both country and profession.

Delaware State Bar Association Awards Nomination FormName of Candidate: _________________________________________________________________________________

Title/Occupation of Candidate: _______________________________________________________________________

Date: ____________________________________________________________________________________________

Nominator: ____________________________________________________________________________________

Phone: ______________________ Fax:_________________________ E-Mail __________________________________

Firm: _________________________________________________________________________________________

Address:_______________________________________________________________________________________________

Brief statement of reasons that candidate is deserving of Award (Please attach sheet if necessary):___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Nominations should be submitted to Rina Marks, Executive Director, e-mail [email protected] or fax to (302) 658-5212. The deadline for nominations is April 11, 2011.



Help Your Practice Outlive You

Ethically Speaking

By Charles Slanina, Esquire

O n page four of the Annual Registration Statement and Certificate of Compliance,

Section Two entitled “Designation of Lawyer in the Event of Death or Incapac-ity” requires all Delaware attorneys to list the individual who will take over their practice in the event of death or incapacity. My experience has shown that this is often the full extent of the planning that most attorneys make for their practices. Often, the listed attorney is unaware that they have been designated, especially in the case of solo and small firm practitioners. Attorneys practicing in firms may have specific plans or de facto arrangements for other mem-bers of the firm to step in to take over the individual client matters and the practice as a whole. If listing an attorney as your successor on the Registration Statement is the extent of your planning, consider the consequences.

Delaware Professional Conduct Rule 1.7 permits the sale of a law practice and Rule 5.4 specifically permits fee sharing with an attorney’s estate. Otherwise, Rule 5.4 would prohibit the sharing of legal fees with a non-lawyer. Failure to have successor counsel not only named, but in a position to either carry out your practice or arrange for an orderly transition, including sale of that practice, will likely result in the appointment of a Receiver. A practice in Receivership is less likely to generate fees or result in a sale benefitting your estate.

Various Professional Conduct Rules could be read to apply to an attorney’s duty to plan for their own death or incapacity to practice. Arguably, it would be a violation of Rule 1.3 (diligence) or Rule 1.16 (termi-nation of the attorney/client relationship) to fail to make proper arrangements. For obvious reasons, there aren’t any examples of attorneys prosecuted for failure to make

such arrangements. However, ABA Formal Opinion 92-369 did conclude that an at-torney has a duty to protect client files and property and to make arrangements for the disposition of client files in the event of the attorney’s death. New York, Pennsylvania, and New Hampshire have adopted the ABA’s position on this issue. Other states, including Oregon, Minnesota, and Califor-nia provide methods by which an attorney can engage an “assisting” attorney to review files and notify clients of the attorney’s death or incapacity.

Florida goes further and requires at-torneys to take steps to deal with their own deaths. Rule 1-3.8(e) provides that every member of the Bar shall “designate another member of the Florida Bar who has agreed to serve as an inventory attorney. The inventory attorney’s duties include inventorying files and taking such action as seems indicated to protect the interests of clients.”

To date, Delaware has not adopted a specific rule, opinion, or guideline beyond the simple question in the Annual Regis-tration Statement. Nevertheless, planning for your death or incapacity is not only the right thing to do, but it serves the best interest of your heirs and personal legacy.

To begin the process, consider these steps:

1. Make sure that the attorney you list as the attorney responsible for taking over your practice knows that you have listed him or her. Beyond merely letting the attor-ney know that they have been tasked with this responsibility, meet with the attorney regularly to walk them through your prac-tice and the post-practice arrangements.

It may also be helpful if the successor counsel is familiar with or practices the same type of law. If so, your designated

counsel may be in a better position to handle your matters on an interim basis and possibly take over your practice and share fees with your estate.

2. The Certificate of Compliance itself will provide successor counsel with a list of your bank accounts. Is it all inclusive? Are you serving as a trustee outside the practice of law? Any such account, as well as your personal accounts should be listed and provided to the designated attorney.

3. List and explain all of your billing systems. To maximize your estate, you should make sure that your successor can easily determine who owes what.

4. Provide a list of all passwords neces-sary to access your accounts, e-mail, voice mail, and billing systems.

5. Execute a power of attorney permit-ting your successor counsel to access your bank accounts and enter his/her appearance on your behalf in any pending matter until clients can determine who they want to rep-resent them. A power of attorney will also permit your designated counsel to negotiate with landlords and other lease holders, as well as sell property, pay your staff, etc.

6. Revise your will to include aspects of the dissolution of your law practice. Bonuses and other profit sharing can be included in your will in case you are not around for the end-of-year bonus time for your staff. You may even want to make a provision for the attorney undertaking the task of taking over, winding down, or sell-ing your practice.

7. Make sure that the executor of your estate and your spouse or family knows the attorney who will be taking over your practice.

8. Don’t assume that your office staff will be available to assist the attorney taking


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over your practice. The same calamity that strikes you could involve your staff. There is also a question as to whether your staff will be available after your death if there are no provisions in place to continue to pay them. Assist your staff, as well as successor counsel by keeping a current list of active clients including all applicable statutes of limitations. Maintain a list or inventory of all closed files including the location of those files.

9. Consider revising your fee agree-ment to advise clients of your arrange-ments including the identity of the attorney who will be taking over your practice in the event of your death or incapacity until they can elect who they want to handle their matter.

10. Consider a written agreement providing for the compensation and re-imbursement of costs to be provided to your successor counsel to avoid disputes between that counsel and your heirs.

11. Similar to an advance care direc-tive (Living Will) covering what medi-cal treatment you do or do not wish to receive and under what circumstances, consider a written directive or memo of understanding with your replacement counsel as to what would constitute your incapacity or unavailability to practice law triggering the above-described ar-rangements and agreements with suc-cessor counsel.

12. Update your lists regularly.For an exhaustive treatment of these

issues including numerous forms and checklists, I recommend the publication “Planning Ahead: Establish an Advance Exit Plan to Protect Your Clients’ In-terests in the Event of Your Disability, Retirement or Death” prepared by the New York State Bar Association’s Com-mittee on Law Practice Continuity.

*“Ethically Speaking” is intended to stimulate awareness of ethical issues. It is not intended as legal advice nor does it necessarily represent the opinion of the Delaware State Bar Association. Additional information about the author is available at www.delawgroup.com.

**“Ethically Speaking” is available online. The columns of approximately the past two years are available on www.dsba.org.


PROGRAM4:00 p.m.

Bench and Bar Registration 4:30 p.m.

DSBA Annual Meeting5:30 p.m.

Cocktail Reception6:30 p.m.

Dinner Performance by The Second City

Laugh and unwind with a night of comedy! Join us as Chicago’s legendary comedy troupe, The Second City, takes an irreverent look at the uniqueness of law in Delaware and life in general! The Second City has been performing sketch comedy and delighting audiences for over 50 years. Their alumni include John Belushi, Gilda Radner, Dan Aykroyd, Mike Myers, Tina Fey, Steve Carrell, Stephen Colbert, and countless others. We promise an entertaining and hilarious show that will be exclusive to our Delaware legal audience. Prepare to leave laughing!

Wednesday, June 8, 2011 Chase Center on the Riverfront

CLE Program 1:00 p.m. – 4:15 p.m.

3 hours of CLE credit in Enhanced Ethics for DE and PA attorneysRegistration Brochure to follow.

CLE AFTERNOON PROGRAM

DELAWAREBench and Bar Conference2 0 1 1

Save the Date!

Wednesday, June 8, 2011 < Chase Center on the Riverfront < Wilmington, Delaware

Sponsored by DSBIS

Registration Brochure to follow.


The Multicultural Judges and Lawyers Section of the Delaware State Bar Association

Invites you to join us at

The Judge Haile L. Alford Memorial Breakfast

Commemorating the life of Judge Haile L. Alford, the first female African-American judge appointed to the

Superior Court of the State of Delaware

Friday, May 13, 2011 8:30 a.m. to 10:00 a.m.

DuPont Country Club 1001 Rockland Road

Wilmington, Delaware

For further information, please contact Tanisha Merced at [email protected].


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• Join the DSBA’s Pro Bono Luncheon Seminar Series at which a variety of legal services representatives will come to your legal department and make a presenta-tion or provide training (CLE credits are available).

Luke states: “In-house lawyers are as capable as anyone else to perform pro bono work in Delaware. Perceived (and real) obstacles can be overcome—if you have the will to do so.”E. I. du Pont de Nemours and Company

Don C. Brown, Esquire, Corporate Counsel, E. I. du Pont de Nemours and Company and Catherine H. Thompson, Esquire, Corporate Counsel, E.I. du Pont de Nemours are the co-chairs of the Pro Bono Project Committee which recently kicked-off a formal Pro Bono Project at DuPont. They offer this background on DuPont’s pro bono efforts:

“From its early days, du Pont has sup-ported the communities in which its em-ployees and facilities are located. This has included everything from building roads to providing education. In modern times, community challenges often involve the need for legal services in many forms. The most vulnerable members of our society—women, children, veterans, the elderly, and the indigent—often have the most critical needs. Many of these needs are simple ones for those familiar with the law. Consistent with du Pont corporate core values and corporate responsibility, members of the Legal Function are encouraged to offer their time and talent to their communities in the form of pro bono legal activities. The words “pro bono publico” mean “for the public good” and represent an ancient tradition for lawyers and legal professionals. In order to encourage and expand these efforts, the Pro Bono Project was created.”

Pro bono at du Pont is a branded pro-gram with its own logo and mission.

Pro Bono SpotlightBy Susan Simmons

Director of Development & Pro Bono Coordination

In-House Pro Bono Programs

Interest in pro bono has surged recent-ly at in-house law departments eager to establish their own legal volunteer

legacies. We, in Delaware, are fortunate that several of the largest corporations in the world are headquartered in our state.

AstraZeneca Pharmaceuticals LP

Luke W. Mette, Esquire, Deputy Gen-eral Counsel, Litigation, at AstraZeneca, points out that the legal department of AstraZeneca encourages its attorneys to engage in pro bono work, both in Dela-ware and in other states, wherever is most convenient. Luke is a member of the Exec-utive Committee of the Carpenter-Walsh Delaware Pro Bono Inn of Court, which conducts regular programs to train law-yers, including in-house lawyers, on how to handle pro bono matters in Delaware. AstraZeneca lawyers have handled PFA, dependency-neglect and Veterans matters through pro bono programs in Delaware, both individually and in partnership with local law firms.

I have paraphrased from an article from the Pro Bono Publico issue of the Delaware Lawyer in which Luke Mette had these practical suggestions to generate a network of support that is likely to facilitate pro bono services from the in-house ranks:

•Circulate a sign-up list of attorneys who might be interested in providing pro bono services.

• Send the sign-up list to DVLS, OCA (and the DSBA Pro Bono Coordi-nator) so they can add that list to their distribution lists for periodic e-mail noti-fications regarding potential new matters.

•Bring a colleague along to a Fam-ily Court hearing or pro se meeting so that he or she can observe first hand how things work.

•Consider partnering with a law firm.

Bank of America

In October 2005, Timothy J. Mayo-poulos, Executive Vice President and General Counsel of Bank of America Corporation (Bank of America), com-mented to the members of the legal department that those who do pro bono work are doing “God’s work.” After learn-ing of Mayopoulos’ favorable view of pro bono work, Stephen A. Mayo, Associate General Counsel in Bank of America’s Charlotte, North Carolina office, con-tacted Mayopoulos to enlist his support for the Access to Justice Campaign to support legal services organizations in the Charlotte area. Mayopoulos gladly agreed to write a letter to the Charlotte legal de-partment attorneys encouraging them to support the Campaign. The department responded to Mayopoulos’ request and helped the Campaign exceed its fundrais-ing goal. Soon thereafter, Mayopoulos decided to expand the legal department’s pro bono efforts by encouraging all of the legal department associates to participate in and otherwise support pro bono efforts.

A strategy to begin and grow Bank of America’s Pro Bono Program was soon developed. The first step was for Mayo-poulos to broadcast the effort to the legal department and to emphasize his support for it. A pro bono policy was created after reviewing the policies of other corporate legal departments and malpractice insur-ance was procured through the National Legal Aid & Defender Association.

As word about Bank of America’s interest in pro bono efforts spread, law firms nationwide soon expressed interest in partnering with the legal department on pro bono projects. After deciding that the Program could not be run solely from the Charlotte office, a Pro Bono Committee was created. The role of the Committee members is to identify the


interests of the associates in each office, match that interest with the pro bono needs of the community, and work with the appropriate person in the community to facilitate the pro bono initiative derived from those interests and needs.

From the beginning, it was recog-nized that one of the highest hurdles facing the Program was that the legal department was composed mostly of non-litigators who felt unequipped to handle traditional pro bono cases. “We needed to pierce the myth that pro bono was only for litigators,” says Mayo. When asked why he was so enthusiastic about being involved with the Program in the first place, Mayo replies, “Because of the company we work for, we are in a position to benefit others and we want to lead by example. I’m just proud to be part of laying the groundwork of a pro bono culture at Bank of America.”

Gavin C. Dowell, Esquire, Associ-ate General Counsel, Bank of America, recently agreed to hold a pro bono lun-cheon at the Wilmington headquarters to familiarize the legal department with

pro bono opportunities in Delaware, thus furthering the pro bono culture at Bank of America.

Working Together

In-house law departments are look-ing to their experienced outside counsel to become active partners in the effort. Firms see pro bono as an opportunity for client development and corporate counsel are eager to avail themselves of the typically greater resources avail-able through the law firms to engage in volunteerism. The right collaboration can be gratifying for all sides, including those served.

The ABA suggests these “Compo-nents of a Pro Bono Policy” for corporate counsel:

• Establish a company commitment•Define pro bono• Permit pro bono on company time•Develop guidelines pertaining to

use of company resources•Develop retainer agreements• Provide case approval guidelines

• Perform conflict check procedure• Ensure adequate representation of

clients• Promote quality assurance mea-

sures including record keeping and case tracking

Collaboration with legal services organizations provides on-site training, malpractice insurance and pre-screened clients. These programs help to build a sense of community and teamwork within the legal departments.

Are you interested in hosting or at-tending an In-House Legal Department pro bono luncheon? Please contact:

Susan SimmonsDirector of Development &

Pro Bono CoordinationDelaware State Bar Association

[email protected] ext. 101


A Message from the Delaware Lawyers Assistance ProgramDE-LAP Zone

Managing Depression

P rior to treatment, John realized he did not give a damn about himself, anybody, or anything.

In fact for the last year, John was hun-gry, but could not eat. He needed to work to save his law practice, but could not get out of bed. Needless to say, John knew something was wrong—terribly wrong. Ironically, by every account, this Delaware lawyer was a man at the top of his game. He had a loving wife, a successful practice, and an impressive community service record. All this, however, was not enough to protect John from the “downs” that he was experiencing emotionally.

To make matters worse, John feared getting help. He believed that there was a stigma attached to getting help for an emotional/mental problem and that it would sabotage his career. John used the excuse that Delaware is a close-knit legal community, therefore all would know. Sadly, because John truly did care about other people, he believed he would be letting others down by seek-ing treatment. In his mind, John did not want to let his community down, his family down, or his mother down. When he was not able to keep it all going, it fed into anxiety and depres-sion. He had symptoms, but he did not know what was wrong with him until the day someone took John aside. Con-fidentially, that person told John that Delaware lawyers have a confidential assistance program where they can get information regarding treatment and also support. Presently, John is treating his mental well-being. Plus, he knows that getting help did not sabotage his career; but left untreated, not getting help for his problems would.

Depression

Generally, all of us feel sad or de-pressed at times. In fact, depression is part of our every day language. As defined in Abnormal Psychology:

“Depression is a medical illness that affects a person’s body, mood, and thoughts—the whole person. It affects eating and sleeping habits, feelings about self, and every day thoughts. These mood changes may be temporary or long lasting. They may range from a relatively minor feeling of melancholy to a deeply negative view of the world and an inability to function effectively.” P. 267.Depression is the most common men-

tal illness and no one is immune —not even lawyers. This illness is the leading cause of disability in the United States, affecting ten percent of the general pub-lic. Subsequently, depression occurs in all age, racial, and social economic groups. According to statistics published in www.PRPonline.net: “At some point in their lives, an estimated 1 in 4 women and 1 in 10 men can expect to develop depression as to require treatment.’’

When a person experiences a series of disappointments in a career or rela-tionships, each loss is usually followed by a few days of sadness, withdrawal, sleep disturbance, and anxiety; soon afterwards, the normal mood is re-established, and the person regroups and continues life. When, however, the depressed mood persists, isolation from others increases, the individual loses a sense of pleasure and meaning in life, the individual begins to develop physi-cal symptoms such as loss of appetite, a marked interruption in the regular

sleep-cycle, and a marked decrease in the ordinary level of activity; these signs signal the onset of a “clinical depression.”

Depression comes in different forms. The three main depressive disorders are: major depressive disorder, dysthymic disorder, and bipolar disorder (manic-de-pressive illness). The number and severity of symptoms may vary among individuals and over time.

Risk Factors

The risk factors are what make an individual vulnerable to developing a par-ticular disorder—physical and/or mental/emotional. Risk factors include, but are not limited to:

• An individual’s family history and biological vulnerabilities.

• Severe psychological stress: Rela-tionship problems, death in the family, divorce, financial difficulties, or any long-term stressful situation including job stress, even prolonged, cloudy winters.

• A physical illness or condition: Cancer, diabetes, stroke, heart attack, rheumatoid arthritis, chronic fatigue syn-drome, major surgery, or multiple sclerosis.

• Medications: Some cardiovascular drugs, hormones, birth control pills, and even some nonprescription pain remedies may cause or worsen depression.

• Alcohol or drug abuse: Substance abuse is both a cause and an effect of depression and the two can often occur together.

Symptoms of Depression

Periods of depression are characterized by at least five of the following symptoms, in addition to either a depressed mood or loss of interest or pleasure in usual activities and relationships:

By Carol P. Waldhauser, Executive Director


• Poor appetite and weight loss, or the opposite, increased appetite and weight gain;

• Sleep disturbance: sleeping too little, or sleeping too much in an irregular pattern, or instance early morning awakenings;

• Change in activity level, either in-creased or decreased;

• Decreased sexual drive;• Diminished ability to think or con-

centrate;• Feelings of worthlessness or excessive

guilt that may reach grossly unreasonable or delusional proportions; and

• Recurrent thoughts of death or self-harm, wishing to be dead or contemplating suicide. (1)

Symptoms of Depression Unique to Lawyers

Additionally, research documented in one state law school in Arizona that the percentage of prospective law students suf-fering from statistically significant levels of depression, before entering law school, approximated what would be expected in the general population. Thereafter, depres-sion far exceeded that norm. Whereas only three to nine percent of individuals in Western industrialized countries suffer from depression, by late spring of the first year of law school, 32 percent of the students were depressed. The percentage increased again by late spring of the third year when 40 percent of the class reported significantly elevated depression levels.

Two years after law school, 17 percent of the same subjects were still reporting that they were depressed. Thus, for the limited sample studied, law students and lawyers suffered from depression at a rate twice to four times what would be expected in the general population. (2)

Today we know depression can be brought on by a number of different factors:

• Inability to meet professional or personal obligations – procrastination, file stagnation and neglect, lowered productiv-ity, excuse making and misrepresentation to clients, missing deadlines (statutes, filing responsive pleadings or motions);

• Emotional paralysis – inability to open mail or answer phones;

• Persistent sadness or apathy, crying, anxiety, “empty” feeling;

• Loss of interest or pleasure;• Trouble concentrating or remember-

ing things;• Guilt, feelings of hopelessness, help-

lessness, worthlessness, low self-esteem;• Feelings of bafflement, confusion,

loneliness, isolation, desolation; being over-whelmed or unavailable to what is going on around you; or

• Thoughts of suicide (ideation)—planning or suicide attempts.

Depression is one of the most treatable medical illnesses. More that 80% of people with depression can be treated successfully with medication, psychotherapy, or a com-bination of both.

The Delaware Lawyers Assistance Program (DE-LAP) encourages members of Delaware’s legal community to make healthy choices to treat both physical and/or mental issues that may be affecting your quality of life and your quality of profes-sionalism.

In Delaware, legal professionals can contact DE-LAP for assistance and support. In fact, you have already paid for the services that DE-LAP offers: initial assessment, facilitation (referral) to treatment, and/or support. These benefits are not merely for your piece of mind, but are a confidential, free way to start addressing issues that are negatively affecting you. You can learn more about lawyers and depression; read personal stories from attorneys who have experienced it; and take a confidential self-test. Plus, you may view other depression resources by visit-ing our website: www.de-lap.org.

Remember too, if you, or someone you know, needs assistance call The Delaware Lawyers Assistance Program at (302) 777-0124 or toll-free 877-243-3527 or e-mail [email protected].

References:

1. American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, 222-23.

2. G.A.H. Benjamin, A. Kaszniak, B. Sales and S.B. Shanfield, “The role of legal education in producing psychological distress among law students and lawyers,” American Bar Foundation Research Journal 225-252, (1986).


Wills for SeniorsBy Regina E. Gray, Esquire

O n Saturday, February 19, 2011, approximately 30 Delaware attorneys, paralegals, and vol-

unteers gathered to counsel and assist 24 low-income seniors in preparing their wills, durable powers of attorney, and advanced health care directives.

This pro bono effort, modeled after the “Wills for Heroes” program at the Widener University School of Law, and spearheaded by the Multicultural Judges and Lawyers (MJL) Section of the Delaware State Bar As-sociation, was held at Bethel A.M.E. Church in downtown Wilmington, Delaware.

The initial idea to hold such an event was proposed by MJL Section member Regina E. Gray, Esquire, who recognized a particular need for these services for low-income seniors. After sharing the idea with MJL Section leadership, Regina organized a simple wills and estate planning CLE course aimed at training and preparing volunteers to participate in the program. The CLE course was attended by over 40 attorneys and paralegals.

It was gratifying to see so many legal professionals come together to give so generously of their time and talents for this event. At the risk of forgetting to mention an individual or a group, we wish to thank Reverend Doctor Silvester S. Beaman and Bethel A.M.E. Church for providing the space for the event; Ciro C. Poppiti, III, Esquire, New Castle County Register of Wills, for attending and providing wills lit-erature; Connolly Bove Lodge & Hutz LLP for providing financial support and several attorney volunteers; Alison Macindoe, Susan Simmons, and Sorelis Duran of the DSBA for assisting with and providing space for the CLE; Jacquelyn A. Chacona, Esquire, and Thomas V. McDonough, Esquire, of Delaware Volunteer Legal Services for the numerous roles they played throughout the process, including pre-qualification of the seniors and setting appointments; Joyce Ko-ria Hayes, Esquire, and Suzanne I. Seubert, Esquire, for their outstanding CLE presen-tation; Gregory J. Weinig, Esquire, of Con-

nolly Bove Lodge & Hutz LLP who, along with Joyce Hayes, served as attorney experts the day of the event; Mary Quinn and the Delaware Paralegal Association for their very able assistance as notaries, witnesses and scribes; Parcels, Inc., for providing a copier and supplies; Maria Perez, Norma Ramirez and other bilingual members of the Latin American Community Center; and to each and every volunteer, who brought their own laptops, printers, and supplies to the event.

A very special thanks to the Planning Committee – Tabatha L. Castro, Esquire, Jacquelyn A. Chacona, Esquire, Tamika A. Crawl-Bey, Esquire, Regina E. Gray, Es-quire, Joyce Hayes, Brenda James-Roberts, Esquire, Alison Macindoe, Tanisha Lynette Merced, Esquire, Natasha M. Songonuga, Esquire, Susan Simmons, Monté Terrell Squire, Esquire, Leroy A. Tice, Esquire, Hui-Ju Wu, Esquire, and Lydia York—without whom it would not have been possible to conduct such a rewarding event.

For its maiden voyage, the event was suc-cessful and well received. We hope to make it an annual program of the MJL Section.

List of Volunteers for Wills for SeniorsMary Akhimien

Michel le Berkeley- Ayers

Susan Bank

Tabatha Castro

Vielka Catalan

Jefferson Cheatham

Annette Dye

Lana Edmondson

George Evans

Stephanie Fierstein

Rose Green

Joyce Hayes

Christina Hillson

Adam Kuhn

Deborah Leonarski

Zhun Lu

Esthermary Martinez

Karryl McManus

Kristine Neuhauser

Bindu Palapura

Maria Perez

Shana Pinter

Ciro Poppiti

Jerry Proffitt

Mary Quinn

Norma Ramirez

Brenda James Roberts

Pamela Scott

Natasha Songonuga

Monte’ Squire

Amy Taylor

Leroy Tice

Michael Urban

Gregory Weinig

Hui-Ju Wu

Lydia York

Ciro C. Poppiti III, Esquire (left) and Rev. Silvester S. Beaman (right) with Planning Committee Members Lydia York (center left) and Regina E.Gray, Esquire (center right).

Photo by Hui-Ju Wu

Suzanne I. Seubert, Esquire co-presenting Wills for Seniors CLE January 29, 2011 at DSBA.

Photo by Regina Gray

Ciro C. Poppiti III, Esquire, (left) with Planning Committee Members (second from left to right) Regina E.Gray, Esquire, Hui-Ju Wu, Esquire, and Monte’ Terrell Squire, Esquire.

Photo by Lydia York

Mary Quinn of Delaware Paralegal Association (foreground); Jacquelyn A. Chacona, Esquire (at round table with clients hard at work).

Photo by Regina Gray


Section NewsHelp Plant One Million Trees

By W. Harding Drane Jr., Esquire

I n celebration of Earth Day on April 22, the DSBA Environ-mental Law Section invites all

members of the Delaware Bar to support the American Bar Association’s initiative to plant one million trees. The ABA’s Section of Environment, Energy and Resources (SEER) announced its “One Million Trees Project – Right Tree for the Right Place at the Right Time” na-tionwide public service project in March 2009. The project calls on ABA members to contribute to the goal of planting one million trees across the United States by 2014. Trees are important to the environment through their ability to reduce atmospheric carbon dioxide and also contribute to the overall health of communities, wildlife and aesthetics.

Stephanie Leigh Hansen, Esquire, Chair of the DSBA Environmental Law Section, explains: “Our section has been looking for ways to support Earth Day, and to improve our environment. What better way to accomplish these goals than to help plant more trees in our local community.”

Members of the DSBA can support this project by making a donation to the tree-planting efforts of the Delaware Center for Horticulture. It is easy to donate on-line by visiting the DCH’s website at www.thedch.org. Just click on Donate, select “other” for allocation, type “DSBA One Million Trees Project” in the “Allocation Details” box, and fol-low the prompts. To donate by check, mail your check to The Delaware Center for Horticulture, 1810 North Dupont Street, Wilmington, DE 19806. Be sure to write “DSBA One Million Trees Project” on your check.

The Delaware Center for Horti-culture will keep track of the amounts that donors allocate to the One Million Trees project, and will use the funds for tree planting in this area. The DCH

will also translate the dollars donated into the number of trees planted, which then will be reported to the ABA, and counted toward the national one million tree goal. The cost of purchasing and planting one tree varies depending on size, variety, and other factors, but on average $100 will cover one, volunteer-planted, bare root tree.

Finally, if members of the DSBA want to get their hands dirty, and actually plant a tree, that counts too. Just notify Hardy Drane ([email protected]), and tell him how many trees you planted, and he will see that they are credited toward the ABA goal.

In addition to live sem-inars, the Delaware State Bar Association presents accredited Continuing Legal Edu-cation videos every weekday. Call the DSBA at (302) 658-5279 for an appointment to view one of the many re-corded DSBA seminars.

A complete list of all CLE videos is avail-able on our website at: www.dsba.org

Delaware State Bar Association301 N. Market Street

Wilmington, DE 19801

CLEVideos


Extraordinary Reading: Ordinary Injustice, How America Holds CourtBy Amy Bach (Metropolitan Books, 2009)

T here’s an old cliché that says you get what you pay for. Another cliché tells us that we find the

time to do the things that we want to do. Still another says that it takes two to tango. In Ordinary Injustice, How Amer-ica Holds Court, attorney and journalist Amy Bach takes us on a tour through the underbelly of America’s criminal justice system. It is not always a pretty picture, but it serves to remind that the old clichés are true and apply in many situations.

Bach begins in Greene County, Georgia, with its part-time contract lawyer, hired by the county to provide defense for the indigent. In addition to his private practice and paying clients, the lawyer also represented some 400 clients a year as the county’s contract attorney representing indigent defendants. More often then not, the lawyer would meet his clients at the courthouse, review plea deals proposed by the prosecutor with his clients, and plea bargain—all in the span of a few minutes. No prior contact, no investigation, and no follow up. Clients were often confused, or unsure of what they were agreeing to, and everything had the feel of a fast food assembly line. Because the attorney had no time to review matters until the last minute, he was unable to provide information to the prosecutor (or the Court) which might have improved plea bargains or reduced sentences. In the four years before Bach met him, the attorney had taken only 14 cases to trial out of 1,493 (he won 5 of the 14). Bach provides several moving examples where a more diligent attorney might have been able to achieve a more just outcome.

Still, Bach does not place all the blame on the overburdened defense at-torney. Part of her thesis is that others in the system also play a role. For example, if prosecutors don’t receive anything from a defendant’s attorney before mak-ing a plea offer, nothing prevents them from asking for such information. In fact, no one else in the system spoke out about the situation.

At its heart, though, the ultimate is-sue, and the one which Bach does little to address, is one of resources. If “ordinary injustice,” as Bach terms it, is so ordinary and prevalent, then a large part of the an-swer is one of time, money and commit-ment. If the contract attorney for Greene County had a reduced caseload, or had a staff and assistants, then obviously he could devote more time and resources to individual clients and provide more meaningful representation. To its credit, the State of Georgia did recognize the shortcomings in many of its counties, and passed legislation providing more resources, although in the conclusion to her book, Bach complains that the legislation was never fully funded, re-sources were again being cut, and the Southern Center for Human Rights was again filing lawsuits against the state for these failures.

Overburdened indigent defense at-torneys, though, are only part of the story according to Bach. Prosecutorial discretion and nonprosecution also plays a large contributing factor. In Quitman County, Mississippi (a small, relatively poor county of roughly 9,300), Bach came across Brenda Wigg’s list and uses it to illustrate her point. Wiggs is the

head clerk for the circuit court in Quit-man County. Over the years, she began compiling a list of cases that were bound over for the grand jury, but for which no indictments were issued. The list of cases included assault, burglary, robbery, rape, aggravated assault, domestic violence, child abuse, embezzlement, and drug cases. Victims would often call her to try and determine the status of the cases. Bond money posted by defendants would go unclaimed and escheat to the county. Wigg’s list was an informal list (of fifty or so cases at any one time, although it was replaced and a new list started from time to time) that she kept in her office; there was no reporting system for the county (which was part of a four-county state prosecutorial district) or the prosecutorial district that kept track of matters referred to the grand jury. Bach spoke with many of the victims of the crimes that went unprosecuted, as well as the district prosecutor. Again, she found limited resources and an over-burdened system.

Finally, Bach closes her book with a look at what she calls show trials, and, in particular, the 1977 conviction of seventeen-year-olds Michael Evans and Paul Terry for the rape and murder of nine year-old Lisa Cabassa in Chicago, Illinois. From the facts of the case, and with the benefit of hindsight, it is dif-ficult to see how Evans and Terry ever could have been tried, let alone con-victed. Yet, they were, and served 22 years in prison, until exonerated by DNA evidence and pardoned by Governor Rod Blagojevich based on actual innocence. Ironically, the investigation which led

Book Review

Reviewed by Richard A. Forsten, Esquire


to their pardons was started by the very prosecutor who had convicted them. In castigating the prosecution and police, Bach criticizes the very culture and ethos of the prosecutorial system, arguing that too often it causes prosecutors and police to overlook the weakness of their case and evidence, and to leave it to the jury to decide.

In the end, Bach provides largely anecdotal (but very interesting) stories, while painting with a fairly broad brush. Sensing this problem, she closes her book with the obvious calls for reform, but argues most passionately that what is most needed is good recordkeeping, yardsticks, and data—all of which needs to be made available to the public. What is the average caseload of defense attor-neys? How many complaints are filed, but not prosecuted? Why were they not prosecuted? Are certain types of crimes more or less likely to be prosecuted? Why or why not? What is the average bail set? How much time is spent before a defendant meets with his attorney? The amount of data that could be col-lected and analyzed is, obviously, quite large; but the journey of a thousand miles begins with the first step. In the absence of hard data, it is difficult to determine precisely what the problems are, to gal-vanize public support (if needed), and to determine if reforms are effective.

More than anything, Amy Bach dem-onstrates that the old adages are true. In particular, you do get what you pay for. If we do not devote sufficient resources to the criminal justice system, should we be surprised with what we get?

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Visit the Delaware State Bar Association

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Bulletin Board Advertising Information

Bulletin board rates are $50 for the first 25 words, $1 each additional word. Additional features may be added to any Bulletin Board ad for $10 per feature.

The deadline to place a Bulletin Board ad is the 15th of the month prior to the month of publication.

All Bulletin Board ads must be received electronically and prepayment is required.

Submit the text of the Bulletin Board ad and payment to [email protected]. For more information, contact Rebecca Baird at (302) 658-5279, ext. 113.

Delaware’s IOLTA Program, administered by the Delaware Bar Foundation, underwent significant changes in 2010. The Bar Foundation would like to thank members of the Delaware Bar for their participation and patience during the transition.

The IOLTA Program supports the operating budgets of Delaware’s three legal services agencies: CLASI, DVLS and LSCD. Participation in the IOLTA Program enables lawyers at these agencies to secure safe, affordable housing for their clients and protect victims of domestic violence and elder abuse, among other things. The Delaware Bar Foundation administers the IOLTA Program, distributing the funds through a grants process.

The Bar Foundation would also like to thank the financial institutions listed on its website for choosing to participate in the IOLTA Program, with a special thank you to the IOLTA Program’s Prime Partner Banks. The following Prime Partner Banks pay the highest rate on IOLTA accounts, translating into more funds for legal services for those Delawareans most in need:

First Shore Federal Savings & LoanFulton Bank, N.A., Delaware National Division

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Delaware’s IOLTA Program Thanks its Participants


The Judicial PalateBy Anne Hood

Downright Distracting to Drink

Note: We interrupt our regularly sched-uled column to bring you this news flash: After fifteen great years, Anne Hood will no longer be the sommelier extraordinaire of Harry’s Savoy / Seafood Grill. I received word as deadline approached, and I felt, as they say, a great disturbance in the Force. Anne is one of the very top professionals in the Delaware wine business. Her skill has been repeatedly recognized, from peers in the industry to publications like Wine Spectator. Anne’s tableside hospitality underscores her warm and open nature; she makes wine fun and accessible, even to those of us snobs who think we know it all. Anne will be taking some much-deserved time off, weighing various offers and op-portunities. We look forward to her next adventure. Before she departed, I asked Anne to share with us some of her favorite wines over the years. –Ciro

H ow wonderful to be in a position where wine sales reps bring you their wines

to taste day after day, week after week, in hopes of filling a niche that you may have in your restaurant’s wine program. Unfortunately, the vast majority do not fill the niches that need filling. But, a few have hit their mark over the years—bottles that were so good, they were downright distracting to drink, wines that with each sip say, “I’m not going to be ignored.”

The first one was a 2007 Charles Krug Napa Valley Cabernet Sauvignon. The winery was the first in Napa Valley, having been established in 1861, before being purchased by Peter Mondavi, Sr. in 1943. The ’07 Krug Cab tasted like velvet in a glass with a deep, dark, al-most black color; rich blackberry, mocha f lavors; and beautiful saddle leather on

the nose. “How much?” I asked, fully expecting this stunner to debut on the wine list at around $100. I was thrilled to discover that our guests would be able to experience this oeno-bliss for a mere $49-a-bottle or $12.50-a-glass. Perhaps the mouth-filling supple tannins that make this wine so comfortable to drink upon release would indicate a wine that may not cellar well, hence the price. Fine with me—I’m grateful for the immedi-ate gratification it is providing now. And, if the wine does in fact improve with age, even better.

“Petite Petit” and “Earthquake” Old Vine Zinfandel are two gems from Michael and David Phillips, fifth-generation grape growers in Lodi, California. The Petite Petit is a blend of Petite Sirah (which itself is a cross between Syrah and Peloursin) and Petit Verdot (a component of Bordeaux). Petite Petit is super dark, opaque, and densely-colored; with an ample, full tex-ture; and f lavors of blueberry, mulberry and black pepper. It is easy to spot on the shelf with its colorful circus motif label—definitely fun to buy and even more fun to drink. Then, there is the Earthquake. Old Vine Zinfandel is to Lodi what Cabernet Sauvignon is to Napa Valley. And, if you can slow down enough to handle the one-two punch of Earthquake’s whopping 16% alcohol, it will be a memorable treat.

We cannot talk about wine without mentioning our intimidating friend, Burgundy. Pinot Noir can be an up-pity little grape, often thinking more of itself than it should, and its snooty big sister is Burgundy: always expensive and often disappointing. The great ones are in short supply and not available to everybody. So, in this seller’s market,

it is rare to find a Burgundy supplier at your door. Nonetheless, there stood Pascal with his ’08 Domaine Bertagna Vougeot 1er Cru Clos de la Perrière, pouring a glass and handing it to me. Silky, complex, ever unfolding, and yes, refusing to be ignored. What is it about great Burgundy that leaves us a little emotional?

How wonderful a sommelier’s life, indeed!

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Documents

Law Day Luncheonmedia.dsba.org/Publications/BarJournal/2010-2011/04.2011.pdf · 2011-08-02 · Delaware’s Law Day in the schools will aim to educate students on the Rule of Law