Congratulations PRESIDENT-ELECT JOE BIDEN - TO DELAWARE STATE BAR ASSOCIATION MEMBER
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JANUARY 2021 VOLUME 44 • NUMBER 6
Congratulations
TO DELAWARE STATE BAR ASSOCIATION MEMBER
PRESIDENT- ELEC T JOE BIDEN
GET INVOLVED IN
DSBA LEADERSHIP!
The Delaware State Bar Association is looking
for a number of talented members to join the The Nominating Committee
consists of:
2021-2022 Executive Committee and lead the David J. Ferry, Jr., Chair
DSBA to continued success. William P. Brady, Vice-Chair
New Castle County
Timothy S. Ferry (2021)
The following positions on the Executive Committee of the Peter S. Kirsh (2021)
Association must be filled for the year 2021-2022: N. Christopher Griffiths (2021)
Vice President-at-Large; Vice President, New Castle County; Donald L. Gouge, Jr. (2021)
Kathleen M. Vavala (2021)
Secretary; Assistant Secretary; Treasurer; Assistant Treasurer;
Shakuntla L. Bhaya (2021)
Six Members-at-Large Patricia L. Enerio (2021)
Note: The Vice President, Kent County and the Vice President, Sussex County will P. Clarkson Collins, Jr. (2022)
be those persons selected by, respectively, the Kent County Bar Association and Kyle Evans Gay (2022)
the Sussex County Bar Association. Jeffrey S. Goddess (2022)
Loren Holland (2022)
The following position must be filled for the term as noted: Shannon D. Humiston (2022)
Julia B. Klein (2022)
One (1) DSBA Representative to the Delaware Bar Foundation Board: Antoinette D. Hubbard (2022)
Four-year term Aaron R. Goldstein (2023)
Achille C. Scache (2023)
One (1) DSBA Young Lawyer Delegate to the ABA House of Kelley M. Huff (2023)
Delegates: Two-year term Wilson A. Gualpa (2023)
Christofer C. Johnson (2023)
Brenda James-Roberts (2023)
The Nominating Committee wants to consider all interested candidates. If
you are interested in serving on the Executive Committee or would like to
Kent County
recommend a candidate, please send your name or the candidate’s name
Alexander W. Funk (2021)
along with a CV and at least one letter of nomination to Mark S. Vavala,
Laura A. Yiengst (2022)
Executive Director, by email at: mvavala@dsba.org or by mail at: Delaware
Melissa L. Dill (2023)
State Bar Association, 405 North King Street, Suite 100, Wilmington, DE
19801 by February 12, 2021. Sussex County
Christophe Clark Emmert (2021)
Chase T. Brockstedt (2022)
WE NEED YOUR HELP TO FIND Theresa McQuaid Hayes (2023)
STRONG LEADERS FOR THE FUTURE!
Delaware State Bar Association
405 N. King Street, Suite 100
Wilmington, Delaware 19801
(302) 658-5279
DSBA BAR JOURNAL
JANUARY 2021 | VOLUME 44 • NUMBER 6
PRESIDENT
Michael F. McTaggart
EXECUTIVE DIRECTOR
Mark S. Vavala
EDITORIAL BOARD
Laina M. Herbert
Jason C. Powell
Benjamin A. Schwartz
Seth L. Thompson
FEATURES
EXECUTIVE COMMITTEE LIAISON
Charles J. Durante
EDITORIAL ADVISORY COMMITTEE
Valerie A. Caras
Denise Del Giorno Nordheimer 2 Call for Executive Committee Nominations
Katherine M. Devanney
Adria B. Martinelli
Jennifer L. Smuts
Victoria R. Sweeney 9 Dr. Martin Luther King, Jr. Statewide Day of Service Information
Holly O. Vaughn Wagner
PUBLICATIONS EDITOR
Rebecca Baird
11 Nominations Sought for First State Distinguished Service Award
PUBLICATION ASSISTANT
Susan Simmons 19 Nominations Sought for Law Day Awards
The Bar Journal is published and distributed
by the Delaware State Bar Association
405 North King Street, Suite 100 26 Delaware’s Joe Biden
Wilmington, DE 19801
P: 302-658-5279
F: 302-658-5212 31 2021 Fiction Writing Competition
www.dsba.org
© Copyright 2021 by the Delaware State
Bar Association. All Rights Reserved.
The Bar Journal is the independent journal
of the Delaware State Bar Association. It
COLUMNS
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 4 President’s Corner 20 DE-LAP Zone
and editorial decisions are based on the
quality of writing, the timeliness of the
6 Editor’s Perspective 24 Bankruptcy Update
article, and the potential interest to readers,
and all articles are subject to limitations of
14 Tips on Technology 32 Book Review
good taste. In every instance, the views
expressed are those of the authors, and
16 Ethically Speaking 34 The Judicial Palate
no endorsement of those views should be
inferred, unless specifically identified as the
18 Office of Disciplinary Counsel 38 The Last Word
policy of the Delaware State Bar Association.
Update
The Bar Journal is published monthly with a
combined July/August issue.
All correspondence regarding circulation,
subscriptions, or editorial matters should be
mailed to:
Editor, DSBA Bar Journal
Delaware State Bar Association
405 North King Street, Suite 100
Wilmington, DE 19801
DEPARTMENTS
or emailed to: rbaird@dsba.org
Letters to the Editor should pertain to recent 10 Side Bar 13 Section & Committee Meetings
articles, columns, or other letters. Unsigned
letters are not published. All letters are 12 Calendar of Events 36 Bulletin Board
subject to editing. Send letters to the address
above, Attention: Editor, Bar Journal.
For Advertising Opportunities
Call (302) 658-5279, ext. 102
Email: rbaird@dsba.org
Cover Photo: Official portrait of Vice President Joe Biden in his West Wing office at the White House
Read The Bar Journal online at Official White House photo by David Lienemann
www.dsba.org Photo © Library of Congress. Prints & Photographs Division, Washington, D.C. 20540.
DSBA Bar Journal | January 2021 3
PRESIDENT’S CORNER | BY MICHAEL F. MCTAGGART, ESQUIRE
A
t the beginning of my term as President last July, I The Warehouse is a non-profit facility that is part of a col-
asked each of our DSBA sections to organize and laboration with Kingswood Community Center and REACH
complete one community service project during Riverside. The collective mission of the three groups is “to
this Bar year. I also made the same request of the empower the community to reach its full potential by eliminat-
DSBA Executive Committee who is working on a separate ing the barriers of structural racism and revolutionizing teen
project. Given our current pandemic times, I know that many engagement.” While Kingswood Community Center provides
in our community are struggling and I felt that the request after-school programs for children 12 and under, for many
for action by the DSBA was more than appropriate. At the years there have been no such after-school programming for
time of this article, the impact of the COVID pandemic is local teens. The Warehouse was created to provide a home
at an all-time high in Delaware and across the country.1 away from home for teens aged 13-19.
I am pleased to report that the DSBA Multicultural Judges The facility is funded through a combination of govern-
& Lawyers Section (MJL) (chaired by Wilson Gualpa) and ment and private funding from about 140 different partners.
the Young Lawyers Section (chaired by Brandon Harper) have It is a unique facility which has been heavily designed by the
reached out to provide volunteer help to a local non-profit in very teens who participate in the teen programs. The three
Wilmington called the Warehouse.2 The Warehouse is intended major goals of the Warehouse are: 1) Safety, a safe haven for
to be an energetic new space in Northeast Wilmington to any interested teen; 2) Support, focusing on educational and
provide tools and opportunities to the youth in the city. The emotional support; and 3) Work Force Readiness, focusing on
Warehouse’s website can be found at www.teenwarehouse.org. training teens to be ready to learn and use employable skills.
Many of us have probably driven by the Warehouse without The five core elements of the programs are: recreation, health,
even knowing it. The Warehouse is located in the building arts, careers, and education.
formerly occupied by the Prestige Academy charter school, CEO Logan Herring has advised that many of these pro-
located at 1121 Thatcher Street, in Wilmington. grams are currently being provided virtually due to the cur-
4 DSBA Bar Journal | www.dsba.org
rent pandemic. However, there are approximately 100 teens 1920 on the history of the Delaware Bar. I recently learned
registered and participating in the Zoom programs, including that the New Castle Historical Society has published a new
teens as far away as Georgia. book titled The History of New Castle Delaware, authored by
It is refreshing to learn of this unique and valuable pro- the same Alexander Cooper mentioned in my earlier article.
gram for the youth in our community, which is not too far The new book, which runs about 400 pages, is an impressive
from our downtown courthouses and law offices. The MJL collection of 45 newspaper articles (yes, 45 newspaper articles)
and Young Lawyers Section are planning to provide a regular that Cooper published in The Sunday Star from 1906-1908.
schedule of volunteers to tutor and mentor the teens enrolled The book, distributed by Oak Knoll Books, also contains
in the Warehouse programs. Some of these tutoring efforts amazing photos and maps of New Castle dating back to the
are expected to be involve assistance with English homework days of the old Fort Casimir in 1651. The forward to the book,
or college essays. Young Lawyers Section Chair Brandon which took 33 years to bring to publication, is written by The
Harper has stated that “this initiative presents the DSBA with Honorable Richard R. Cooch.3
a real opportunity to impart some of our knowledge to help
Notes:
the students hone their writing skills, and hopefully do our
1. I am encouraged by the home page of the DSBA website which states, “Every-
small part to combat the systemic racism they’re up against.” thing is going to be alright, maybe not today but eventually.”
2. Part of the Mission Statement of the MJL section states a goal to encourage
I wanted to commend these DSBA sections for their efforts public service by its Members.
to volunteer at a worthy facility such as the Warehouse and 3. The statements expressed in this article are solely those of the author and are
not to be attributable in any way to his employer.
to make a difference in our community. I look forward to
working with the MJL, Young Lawyers, and all of our sections
in pursuing community service contributions by the DSBA.
Michael McTaggart is the current President of the Dela-
• • • ware State Bar Association. He is a Special Assistant United
States Attorney in the U.S. Attorney’s Office in Wilming-
I did want to update my article written back in November ton. In 2019, he retired from the Delaware Depar tment
on the city of New Castle. I briefly made mention in that article of Justice after 31 years of service. He can be reached at
about a book written by Alexander Cooper, Esquire, around MMcTaggart@dsba.org.
BUILDING
RELATIONSHIPS
1980 for 2020
40 YEARS
P E R MA NE NT A S S O C I ATE | PART N E R | S UPPORT STAFF PL ACE ME N T S E RVICE S
PHILADELPHIA, PA | HADDONFIELD, NJ
t 215.981.5455 f 215.981.0662 kruza.com
DSBA Bar Journal | January 2021 5
EDITOR’S PERSPECTIVE | BY LAINA M. HERBERT, ESQUIRE
Staying Connected With Our
Colleagues
A
s we welcome in 2021, I would like to highlight the creative ways law firms have found to
stay connected and maintain a sense of community over the past year.1 As we return to our
traditional workplaces and begin the next phase of our new normal, I encourage you to not
abandon some of these initiatives and the sense of community building they were designed
to foster. I am certain many of you have developed creative ways to maintain personal connections and
build unity within your firm during these unique times, and invite you to share these ideas.
According to Beth E. Moskow-Schnoll, According to Kathleen Furey McDonough, Esquire, Part-
Esquire, Managing Partner of Ballard ner and Chair of the Firm, Potter Anderson & Corroon LLP:
Spahr LLP’s Delaware office, since March
Like everyone, we’re doing a lot more videoconferences
2020, Ballard has sponsored several well-
and teleconferences than ever before. Those of us with
ness initiatives, including at the outset of
local clients, who are accustomed to seeing our clients in
the pandemic, COVID-19 Weekly Wellness
Resource Guides, which featured free employee person regularly, have had to adjust to video meetings.
resources related to physical and mental health, work-life But this adjustment pales in comparison to not seeing our
balance, learning and family; a five-week firm-wide walking colleagues every day, and the loss of the countless interac-
challenge, through its partnership with Walker Tracker; a CO- tions that help build community. To counter this, we’ve
VID-19 & Our Mental Health Webinar in partnership with implemented several new initiatives to enhance commu-
Pennsylvania nonprofit, Minding Your Mind; and a virtual nication. The three most notable are a series of firmwide
Mindfulness Meditation Series. Ballard participated in the conference calls that I host, an upgraded intranet where
American Bar Association’s “Lawyer Well-Being Week” by everyone can access information 24/7, and a new daily in-
holding virtual spin and cardio classes led by one of its own, ternal newsletter. We’ve used these platforms to celebrate
a virtual firm-wide trivia night, and a virtual gratitude wall, client victories, share photos of our work-from-home
which was shared firm-wide. During the summer, Ballard held setups, and provide suggestions for creative solutions to
a 4-week superfood cooking challenge resulting in a 128-page living in the reality that is 2020. Now more than ever,
e-cookbook. Ballard also held a “Let’s Talk Therapy” panel we believe it is essential to stay informed, but more
event with Ballard lawyers, staff, and alumni, joined by a li- importantly, to connect with our colleagues and foster
censed clinician, which discussed the role therapy has played community. On a more personal level, groups within the
in both their lives and their careers. This panel was designed firm, such as our Women’s Initiative, hold virtual happy
to destigmatize the conversation around mental health and hours and “brown bag” lunches, to maintain
seeking therapy. In addition, Ballard celebrated World Mental and foster personal connections. We’re
Health Day by sharing mental health statistics and highlighting also staying connected to the wider
available firm resources. Ballard also recognizes that hundreds community by finding virtual op-
of its firm members are impacted by the school and childcare tions for our charitable efforts such
crisis, and eldercare issues created by the pandemic and issued as our annual holiday gift drive for
a contingency plan for flexible workplace arrangements.2 the Boys and Girls Clubs of Delaware.
6 DSBA Bar Journal | www.dsba.org
Richards, Layton & Finger, P.A. has conversations. Sometimes people Zoom in and they are
also instituted several initiatives to quiet, but just want to be part of the group.
maintain a sense of community while I have had regular one-on-one coffees with staff. At
working remotely. For example, ac- the beginning of the pandemic when we went remote,
cording to Doneene Keemer Damon, I offered to have virtual coffee with anyone who just
Esquire, Director and President of Rich- wanted to talk. I have had many people take me up on
ards, Layton & Finger, P.A.: that offer. It has been a wonderful opportunity to get
Each department and practice group has met regu- to know people on a much deeper level.
larly — many weekly. The meetings are all virtual over We conducted an online summer program where we
Zoom. We tried to replicate as much as possible what we engaged with our summer associates through virtual
would have done had we been in person. This includes dinners, Uber eats lunches, painting, and a virtual mix-
having lunch together virtually. ology class. We had weekly meetings and happy hours
We continued with our Women’s Initiative. We with the summer associates to allow them to get to know
have our regularly scheduled monthly meetings. In us and allow us an opportunity to get to know them.
addition, we implemented weekly catch up meetings We have enjoyed each other’s company through
which alternate between coffee and happy hour. This virtual on-line games. We have played Bingo, Scavenger
has been very well received. Hunt, and Trivia. We did these firmwide and also in
We expanded our Wellness Initiative. We engaged different practice groups.
a consultant to meet with us virtually to discuss topics We on-boarded 18 new associates in September.
such as how to convert COVID-19 stress into personal We have provided virtual orientation and training for
growth, parenting and homeschooling during quaran- the firm as a whole and for each practice group. We
tine, time mastery in a virtual world, and mastering also have virtual happy hours and coffees to provide
your mind. opportunities for meaningful engagement.
We have several online workout groups. Some of In addition to these activities, Richards held a Halloween
them do yoga together, while others engage in boot Costume Contest and gave prizes for various categories; cre-
camp-type workouts. ated a page on its intranet for everyone to share pictures of
We have “coffee and conversations” every other what they are thankful for; hosted an online Holiday Craft
month where we focus on different topics and allow Fair where employees could sell their crafts through the firm;3
everyone to engage. Topics are submitted for an open and celebrated birthdays and other milestones through Zoom
conversation. I have had the pleasure of leading those celebrations.
According to Jennifer Ying, Esquire, Partner, Morris Like many of our Delaware colleagues,
Nichols Arsht & Tunnell LLP: we are all becoming Zoom and WebEx
masters as depositions, court hearings,
Despite the challenges of COVID-19, Morris Nich-
and board meetings are held virtually.
ols has been able to maintain our sense of community.
This year, we also hosted our summer
Over the last nine months, we have come together in a
variety of ways from contributing to the inaugural (and associate program virtually, which
hopefully only) edition of the “Hugh Morris Quarantine featured a number of creative ways to
Cookbook” to supporting a firmwide food drive for the connect, including a mentor/mentee vir-
Delaware Food Bank to celebrating our 90th anniversary tual escape room and virtual trivia night. We have also
with a slideshow featuring contributions from current held virtual “coffee breaks” to stay in touch with each
and former lawyers and staff. The firm also made a other and welcomed our 2020 class of new law clerks
$50,000 donation to the Delaware Community Founda- in the fall with virtual training and programming. To
tion’s COVID Response Fund, which was established celebrate the holidays, our practice groups are having
to make grants to various organizations throughout the virtual holiday get-togethers, including have a virtual
state that have been adversely impacted by COVID-19. “Ugly Christmas Sweater” contest.
CONTINUED >
DSBA Bar Journal | January 2021 7
Similarly, Connolly Gallagher LLP has adapted to our new reality. According to Karen C. Bifferato,
Esquire, Partner, Connolly Gallagher LLP:
On Friday, June 26th the firm celebrated Connolly Gallagher Day. This is the anniversary of the
opening of the firm. While we typically use the day to go out and volunteer in the community then
celebrate with a family-style picnic — it was not possible to do this year! Instead we carved out time,
invited the entire firm to connect via Zoom, and played (i.e. competed) trivia games then raised a toast
to the firm’s commitment to work together.
On a day-to-day basis we communicate with people working from home and people working at the office, and we try
to keep in place regular activities, meetings, etc. (i.e., the Attorney Review committee met by Zoom with all the associ-
ates in the summer as a mid-way check in, and more or less just conducted the attorney review process by Zoom). These
things have to take place by Zoom rather than in person, but at least Zoom allows you to see people you may not have
seen in a while, and keeping in place regular events helps people feel more normalized, even though the times we are in
are anything but normal.
Morris James LLP has also found creative ways to stay ■■ Internal Social Events: We quickly transitioned our
connected with each other and the community during these weekly yoga practice to a virtual yoga practice to help
unique times. According to Reneta L. Green-Streett, Esquire, employees maintain connection and personal well-being.
Partner, Morris James LLP: We also hosted a series of trivia nights where employees
■■ Updates from Management: From the onset of created teams and engaged in friendly competition for
COVID, Morris James management provided consistent bragging rights, an Amazon gift card, and a small trophy.
and timely communications from the Managing Part- Departments and practice groups engaged in virtual
ner, Chief Operating Officer, and other administrative happy hours and our employees in the offices found
directors with important updates regarding operations COVID-safe ways to spend time together and connect.
and protocols as well as helpful tips and resources for ■■ Client Engagement: From a virtual pizza party and
transitioning to remote working. All employees were cooking class to smaller activities like a Peloton challenge,
kept up-to-date regarding changing conditions and our attorneys have found unique opportunities to remain
given resources to help them adapt and stay connected. socially connected with clients and each other.
■■ Networking Portal: The firm created a private ■■ Community Support: When COVID hit, Morris
Facebook group for employees to utilize to remain so- James made a commitment to philanthropy. In addition
cially connected online and outside of the offices. This to our typical charitable giving, we raised over $10,000
was particularly impactful during the early days of our for the Food Bank of Delaware, donated $5,000 to Beebe
COVID response when the majority of our workforce Medical’s COVID relief fund, and donated canned goods
was remote. and made a charitable contribution of over $5,000 to
■■ Resilience Training: The firm offered all employees the Delaware Military Support. Addition-
a seminar on resilience to help them adapt and build ally, Morris James donated $10,000 to the
resilience through the extra pressures brought about Culture Restoration Project to reinforce its
because of the pandemic. The training included infor- statement on racial injustice. Through
mation about the positive impact of connecting with these efforts, we gave employees an op-
colleagues, family, and friends, on well-being, as well portunity to connect with one another
as productivity. and the Delaware community.
Notes:
1. I would like to thank everyone who provided thoughtful and valuable contributions to this article.
2. While these issues are not limited to women, Ballard recognizes the crisis has a greater impact on women and threatens to undo decades of progress for women in the workplace.
Ballard’s contingency plan for flexible work arrangements adopts a broad view of a workday, to include split or shifted workdays, and less than a full time schedule. This plan does
not put pressure on anyone to return to work in the office. All attorneys and staff at Ballard can request a flexible work arrangement without providing a reason for the request.
3. I am told the Holiday Craft Fair was set to holiday music and was a huge success!
Bar Journal Content Editor Laina M. Herbert is an associate at Grant & Eisenhofer P.A. in Wilmington, Delaware. She may
be reached at lherbert@gelaw.com and additional information about the author is available at www.gelaw.com.
8 DSBA Bar Journal | www.dsba.org
THE DEL AWARE S TAT E BAR A S S O C I AT I O N
LOOKING TO
DR. MARTIN LUTHER KING, JR.
2021 Statewide Day of Service GROW
MONDAY, JANUARY 18, 2021 AND
The 2021 Dr. Martin
Luther King, Jr.
event will include
BUILD
the opportunity to YOUR
CLIENT
participate in-person
at Service Projects
throughout the state
BASE?
and by supporting
the organizations
listed below that have
traditionally been part
of the Dr. Martin Luther Join the online DSBA
King, Jr. Day of Service.
Lawyer Referral panel
at www.dsba.org.
Opting in is simple and
free to all DSBA members.
“The time is always right
to do what is right.”
- Dr. Martin Luther King, Jr.
SERVICE PROJECT ORGANIZATIONS
EMMANUEL DINING ROOM* FRIENDSHIP HOUSE
FOOD BANK OF DELAWARE* RONALD MCDONALD HOUSE
SUNDAY BREAKFAST MISSION*
*Limited in-person volunteer opportunities available.
Please direct all inquires regarding in-person participation in an
Service Project (limited availability) or how to donate to an organi-
zation listed to Event Co-Chair Reneta L. Green-Streett, Esquire, at
rgreen-streett@morrisjames.com.
DSBA Bar Journal | January 2021 9
SIDE BAR
MEMBER BENEFIT OF THE MONTH YOUR WORDS
SoFi Student Loan Refinancing WHAT IS THE BEST PIECE
$300 WELCOME BONUS!
OF ADVICE YOU COULD
GIVE YOURSELF FOR 2021?
Need to refinance your student loan? A leader in
student loan refinancing, SoFi has partnered with
DSBA to offer its members the opportunity to ease
their student loan debt. SoFi consolidates and re-
finances federal and private student loans to of-
fer customized rates, creating meaningful savings.
To qualify for a $300 welcome bonus through this
“Take nothing for granted. Be grate-
partnership and for more information, visit the Member Benefits ful for all that you have, and be sure
page of www.dsba.org. to give back.”
WILLIAM M. LAFFERTY, ESQUIRE
TOP 5 Morris Nichols Arsht & Tunnell LLP
DSBA MEMBER
FIVE WAYS LAWYERS CAN ENHANCE THEIR CVs
When filling out your “Interests” in applying for a legal job, it is best to leave this
blank if you have none. However, before you apply, get some interests because
these five are often the most attractive to a firm or government agency:
1 Volunteering and Pro Bono
Aside from the appearance of caring
“Embrace the lessons learned — grati-
tude, f lexibility, and focus on family
for one’s community and honoring the and friends!”
profession, employers know that peo-
ple who volunteer their legal services KAREN ANN JACOBS, ESQUIRE
have been able to hone their skills and
Morris Nichols Arsht & Tunnell LLP
are dedicated and responsible. Any
DSBA MEMBER
volunteering shows a commitment
to the community and may often co-
incide with the employer’s interests.
2 Sports
Team-based sports can prove you 4 Write a Blog or a Vlog or any
Internet-Based Informative
work well with others and know how Piece
to respond in a high-pressure and ac- “In my first job out of law school, a
It is through this you can show not
tive environment. Solo sports are also friend and mentor gave me a piece of
just your interest in a subject but your
worth mentioning to show your com-
knowledge and commercial aware- advice that I have always found useful:
mitment to regimens and your love for
ness. Moreover, you can show off at the end of each workday, set up a
a challenge. While you do not want
that you can write and communicate.
to write a whole lot in the “interests” task for yourself to start with the next
section, you should include names of morning. This will help ensure that
teams/clubs to spark conversation at
you start the day off on the right foot.”
5
the interview.
Belong to a Club, Society or
an Association DANIEL R. STANEK, ESQUIRE
3
Remember, you are asking to join a Connolly Gallagher LLP
Attend Seminars of Special
team. There is no better way to show DSBA MEMBER
Interest to You
© istockphoto.com/ Abscent84
your interest in working with others Illustrations by Mark S. Vavala
Better yet, teach one. This is consid- than belonging to the professional
ered a brilliant way to show interest organization which is the guardian FOR NEXT MONTH...
in a field and you should include any of your profession. An active role or What’s the greatest risk
skills that you gained from the in- leadership will only give you more you’ve ever taken?
struction. (Just a note: DSBA has a lot credibility. Joining DSBA can cer- Email Rebecca Baird at rbaird@dsba.org and your
of seminars you can attend or teach!) tainly help with that! response could be in the next Bar Journal.
10 DSBA Bar Journal | www.dsba.orgFirst State
Distinguished Service
SEEKING NOMINATIONS
AWARD
The Delaware State Bar Association and the Awards Committee are seeking nominations for the First
State Distinguished Service Award to be presented at the 2021 Bench & Bar Conference. The award
is described below:
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.
SUBMIT NOMINATIONS BY MARCH 5, 2021 TO:
Mark S. Vavala, Executive Director
Mail: DSBA, 405 N. King Street, Suite 100, Wilmington, DE 19801 or Email: mvavala@dsba.org
Please include: The name, firm, and title/occupation of the Candidate; name and contact information
(firm, address, email, phone, and fax) of the individual nominating the Candidate; and a brief
statement of the reasons the Candidate is deserving of the Award.
Step up to Get Published!
the mic! The Editorial Board welcomes submissions from
attorneys and other professionals who wish to
share their expertise on law-related topics in
the DSBA Bar Journal.
Organizing a program or a
CLE Seminar is a great way to
get exposure and engage with
For information on submitting articles for
the DSBA! Email your ideas to
Susan Simmons at ssimmons@ publication in the Bar Journal, please contact
dsba.org. Rebecca Baird at rbaird@dsba.org.
DSBA Bar Journal | January 2021 11CALENDAR OF EVENTS
Professional
Guidance Committee
January 2021
This committee provides peer counseling Tuesday, January 12, 2021 • 12:00 p.m. – 1:00 p.m.
and support to lawyers overburdened by DE-LAP’s Behind the Cool Image Series: Lawyering in the 21st Century
personal or practice-related problems. It Workshop Three: Take Charge: Navigating Work, Home, and Other
offers help to lawyers who, during difficult
Competing Priorities
times, may need assistance in meeting law
1.0 hour CLE credit in Enhanced Ethics
practice demands. The members of this
committee, individually or as a team, will
Live Webinar via Zoom
help with the time and energy needed to Monday, January 18, 2021
keep a law practice operating smoothly and
Dr. Martin Luther King, Jr. Annual Day of Service
to protect clients. Call a member if you or
Various locations
someone you know needs assistance.
Tuesday, January 19, 2021 • 8:30 a.m. – 12:00 p.m.
Workers’ Compensation Winter Seminar
New Castle County 3.3 hours CLE credit
Karen Ann Jacobs, Esquire, Co-Chair* Live Webinar via Zoom
Victor F. Battaglia, Sr., Esquire Tuesday, January 28, 2021 • 1:00 p.m. – 4:15 p.m.
Dawn L. Becker, Esquire Business Divorce
John P. Deckers, Esquire 3.0 hours CLE credit
David J.J. Facciolo, Esquire
Live Webinar via Zoom
David J. Ferry, Jr., Esquire
Robert D. Goldberg, Esquire February 2021
Bayard Marin, Esquire Friday, February 12, 2021 • 9:00 a.m. – 12:45 p.m.
James K. Maron, Esquire Rubenstein Walsh Seminar on Ethics & Professionalism 2021
3.5 hours CLE credit in Enhanced Ethics
Wayne A. Marvel, Esquire
Live Webinar via Zoom
Michael F. McTaggart, Esquire
Tuesday, February 16, 2021 • 12:00 p.m. – 1:00 p.m.
Denise D. Nordheimer, Esquire
DE-LAP’s Behind the Cool Image Series: Lawyering in the 21st Century
Elizabeth Y. Olsen, Esquire*
Workshop Four: Power-Up: Practical Approaches for Accessing and
Kenneth M. Roseman, Esquire*
Maintaining Energy
Hon. Janine M. Salomone 1.0 hour CLE credit in Enhanced Ethics
Yvonne Takvorian Saville, Esquire Live Webinar via Zoom
R. Judson Scaggs, Esquire* Tuesday, February 23, 2021 • 9:00 a.m. – 4:15 p.m.
David A. White, Esquire Fundamentals of Family Law
Gregory Brian Williams, Esquire 6.0 hours CLE credit
Live Webinar via Zoom
Hon. William L. Witham, Jr.
Thursday, February 25, 2021 • 9:00 a.m. – 1:15 p.m.
Government & Consumer Law 2021
Kent County
4.0 hours CLE credit
Mary E. Sherlock, Esquire* Live Webinar via Zoom
Crystal L. Carey, Esquire
Date TBD, February 2021 • 9:00 a.m. – 1:15 p.m.
Edward Curley, Esquire Risk of Third-Party Fraud CLE
Elizabeth O. Groller, Esquire 4.0 hours CLE credit
Clay T. Jester, Esquire Live Webinar via Zoom
Dates, times, and locations of Events and CLEs may occasionally change after
Sussex County
time of press. Please consult the DSBA website for the most up-to-date infor-
Candace E. Holmes, Esquire, Co-Chair mation at www.dsba.org.
Larry W. Fifer, Esquire
Eleanor M. Kiesel, Esquire
Dennis L. Schrader, Esquire*
Carol P. Waldhauser, Executive Director BECOME A DSBA SECTION MEMBER
DSBA/DE-LAP Liaison
*Certified Practice Monitor
To join a Section, visit www.dsba.org/about-the-dsba/membership.
12 DSBA Bar Journal | www.dsba.orgSECTION & COMMITTEE MEETINGS EXECUTIVE COMMITTEE
Michael F. McTaggart
President
January 2021
Tuesday, January 5, 2021 • 3:30 p.m. Kathleen M. Miller
Estates and Trusts Section Meeting President-Elect
TBD Charles J. Durante
Wednesday, January 6, 2021 • 12:30 p.m. Vice President-at-Large
Women & the Law Section Meeting
Zoom Meeting, see Section listserv message for link and password Kate Harmon
Vice President, New Castle County
Tuesday, January 12, 2021 • 12:00 p.m.
Litigation Section Meeting Anthony V. Panicola
Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE Vice President, Kent County
Wednesday, January 13, 2021 • 4:00 p.m. Ashley M. Bickel
Real and Personal Property Section Meeting Vice President, Sussex County
Teleconference Meeting, see Section listserv message for call-in information
Samuel D. Pratcher III
Friday, January 15, 2021 • 12:30 p.m.
Vice President, Solo & Small Firms,
LGBTQ+ Section Meeting
New Castle County
Teleconference Meeting, see Section listserv message for call-in information
Wednesday, January 20, 2021 • 9:00 a.m. Renee Duval
ADR Section Meeting Vice President, Solo & Small Firms,
Young Conaway Stargatt & Taylor, LLP, Rodney Square, 1000 North King Street, Kent County
Wilmington, DE
Stephen A. Spence
Thursday, January 21, 2021 • 11:45 a.m. Vice President, Solo & Small Firms,
Executive Committee Meeting Sussex County
Zoom Meeting, link will be sent via email
Mary Frances Dugan
Thursday, January 21, 2021 • 12:15 p.m. Secretary
Torts and Insurance Section Meeting
Teleconference Meeting, see Section listserv message for call-in information Thomas P. McGonigle
Thursday, January 21, 2021 • 4:00 p.m. Assistant Secretary
Elder Law Section Meeting Francis J. Murphy, Jr.
Teleconference Meeting, see Section listserv message for call-in information Treasurer
Wednesday, January 27, 2021 • 12:00 p.m.
Reneta L. Green-Streett
E-Discovery and Technology Law Section Meeting
Assistant Treasurer
Teleconference Meeting, see Section listserv message for call-in information
Wednesday, January 27, 2021 • 12:00 p.m. William Patrick Brady
Government and Consumer Law Section Meeting Past President
Teleconference Meeting, see Section listserv message for call-in information
The Honorable Ferris W. Wharton
Thursday, January 28, 2021 • 4:00 p.m. Judicial Member
Government and Consumer Law Section Meeting
Teleconference Meeting, see Section listserv message for call-in information Kaan Ekiner
Assistant to President
February 2021 James D. Nutter
Tuesday, February 2, 2021 • 3:30 p.m. Special Assistant
Estates and Trusts Section Meeting for Legislative Matters
TBD
Sonia Augusthy
Wednesday, February 3, 2021 • 12:30 p.m. Loren R. Barron
Women & the Law Section Meeting Ian Connor Bifferato
Zoom Meeting, see Section listserv message for link and password Crystal L. Carey
Tuesday, February 9, 2021 • 12:00 p.m. William L. Chapman, Jr.
Litigation Section Meeting Richard A. Forsten
Delaware State Bar Association, 405 North King Street, Suite 100, Wilmington, DE Denise Del Giorno Nordheimer
Wednesday, February 10, 2021 • 4:00 p.m. Adam V. Orlacchio
Real and Personal Property Section Meeting Victoria R. Sweeney
Teleconference Meeting, see Section listserv message for call-in information David A. White
Jennifer Ying
Refer to the DSBA Section Listserv messages for the most up-to-date information Members-at-Large
on Section Meetings. Please contact LaTonya Tucker at ltucker@dsba.org or (302)
658-5279 to have your Section or Committee meetings listed in the Bar Journal. Mark S. Vavala
Executive Director
DSBA Bar Journal | January 2021 13TIPS ON TECHNOLOGY | BY RICHARD K. HERRMANN, ESQUIRE
Delaware Technology
The Final Frontier
W
e have gone far together in Zoom technology during the 2020 COVID
the last 50 years. In the early pandemic.
1970s we automated standard As we welcomed in the new Century, and
document preparation with in anticipation of the erection of the New
magnetic card typewriters (IBM mag card). Castle County Courthouse, the Superior
And we moved from desktop manual calcu- Court opened Delaware’s first experimental
lators to handheld electronics. By the late courtroom, dubbed the eCourtroom. Fitted
1970s, law offices embraced dedicated word with state of the art technology, the eCourt-
processors and high speed printers churning room provided a live experimental laboratory,
out briefs at 45 seconds a page. Copy machines contributing to the design of the technology
were standard issue and fax machines were in the new Courthouse. In 2003, electronic
able to transmit an order or opinion at three discovery began its evolution into its own
minutes per page.
body of law. Each of the Delaware Courts
In 1980, the Delaware legal community developed rules relating to this game-changer
received the first in-office fully computerized in the process of litigation.
IBM time and billing machine using Manic
As the use and abuse of the internet in-
Software on a IBM System 34 minicomputer
creased and law office technology became a
(thanks to Bob Katzenstein’s efforts in the
required need, the Delaware Supreme Court
Olivetti litigation).
realized the lawyer competency involved more
In the late 1980s, Delaware was the chosen than a firm understanding of substantive law.
venue for large insurance coverage litigation, It also required basic technology skills in the
generating so many pleadings it paralyzed manner in which legal service are provided to
the Office of the Prothonotary. By way of the client. This clear realization resulted in
example, one insurance coverage case alone the 2013 amendment of the Rules of Profes-
generated more than 10,000 pleadings, com- sional Responsibility and the creation of an
pared with the average 25 filings in a typical additional Arm of the Court, The Commis-
civil case. A Superior Court task force was sion on Law and Technology.
created to resolve this issue, resulting in the
creation of electronic filing as we know it In 2017, the Delaware Family Court,
today. The first system of its kind was main- under the leadership of Chief Judge Michael
tained by Lexus and called CLAD (Complex Newell, opened its first of seven eCourtrooms.
Litigation Automated Docket. As these cases This paved the way for the use of efficient,
© istockphoto.com/ :Macrovector
went to trial in the 90s, the Delaware Court user friendly graphic technology in a court
permitted the first video teleconference of a serving a large community of self represented
live witness in a civil case. And, the Bank- litigants.
ruptcy Court held its first international video Finally, in 2020 the Delaware Courts ef-
hearing with the Insolvency Court in Canada. fectively embraced remote video technology
This was 25 years before the Court’s use of in their efforts to continue providing the ef-
14 DSBA Bar Journal | www.dsba.orgficient administration of justice to the
citizens of the State of Delaware.
I have been fortunate to be part of
all of this. I was at the right place, at the
right time. And all of you, the members
of the Bench and Bar shared pieces of
this with me along the way. I thank you
It’s okay to
for that. I became a member of the Dela-
ware Bar in 1971, 50 years ago. In many
respects we have gone where no Bar
has gone before. And the next 50 years
ask for help.
will be even more exciting — artificial
intelligence, autonomous vehicles, space
law. It is now time to let someone else Asking for help can be dif ficult.
take us there. This is my final column. Knowing help is available makes it a little easier.
Thank you all.
DE-LAP’S NEW DELAWARE’S PROFESSIONAL
MENTAL HEALTH LAW YERS GUIDANCE
CALL-IN SERVICE ASSISTANCE COMMITTEE
Richard K. Herrmann is a Visiting Pro-
COMMITTEE
fessor at Delaware Law School. He can
A free, confidential call-in Peer counseling for
be reached at rkherrmann@widener.edu. service with DE-LAP’s A peer-to-peer network lawyers needing
core team of licensed of attorneys focusing on assistance in meeting law
“Tips on Technology” is a service of the
health-care professionals lawyer wellbeing practice demands
E-Discovery and Technology Law Section during the COVID-19 crisis
of the Delaware State Bar Association.
For more information c all DE- L AP ’s conf idential line at
(3 02) 777- 0124 or email c waldhauser @de -lap.org.
Insurance Services for
Delaware Attorneys
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DSBA Bar Journal | January 2021 15ETHICALLY SPEAKING | BY CHARLES SLANINA, ESQUIRE
Bona Fide Offices, the Unauthorized
Practice of Law, and COVID-19
D
ue to pandemic-related shutdowns, many attorneys find themselves Ethics and Professional Responsibility
working from home. Law offices are closed or left minimally staffed. offered Formal Opinion 495 entitled
Nationally, firms are finding that they can function without brick- “Lawyers Working Remotely.” While
and-mortar locations. It is reported that firms are renegotiating and it does not address Delaware’s bona fide
breaking leases to downsize their physical presence, leading to speculation that office requirements, it at least offers
the post-pandemic practice of law may not look like the pre-pandemic norms. guidance to attorneys who live and find
In addition to the logistical challenges that the COVID-related shutdowns themselves working outside the state to
and social distancing created, professional responsibility issues also arise. As we which they are admitted to practice law.
all know, Delaware has a bona fide office rule. Supreme Court Rule 12(a) requires The Committee concluded that law-
that “all papers filed with the Court shall be signed by an attorney who is an active yers may remotely practice the law of the
member of the Bar … who maintains an office in Delaware for the practice of law.” jurisdictions in which they are licensed
Rule 12(d) goes on to define an office for the practice of law as: while physically present in a jurisdiction
in which they are not admitted. How-
a bona fide office maintained in this State for the practice of law in which ever, there are significant limitations on
the attorney practices by being there a substantial and scheduled portion of such practice. Lawyers are prohibited
time during ordinary business hours in the traditional work week. An at- from advertising or otherwise holding
torney is deemed to be in an office even if temporarily absent from it if the themselves out as a having an office in
duties of the law practice are actively conducted by the attorney from that the location in which they live or are
office. An office must be a place where the attorney or a responsible person working. They are also prohibited from
acting on the attorney’s behalf can be reached in person or by telephone offering to provide any legal services
during normal business hours and which has the customary facilities for in the jurisdiction in which they reside
engaging in the practice of law. A bona fide office is more than a mail drop, or are working. For example, provid-
a summer home which is unattended during a substantial portion of the ing their local contact information on
year, or an answering, telephone forwarding, secretarial or similar service. websites, letterhead, business cards,
While, on its face, this Rule deals with the filing of pleadings and is not a advertising, etc. are impermissible.
disciplinary or professional conduct rule, to not have a bona fide office has been Rule 5.5 provides both an exception
treated as a disciplinary matter. Matter of Barakat, Del.Supr. 99 A.3d 639 (2013). and a complication to this advice. The
An attorney without a bona fide office may be charged with violating Rule 3.4(c) multi-jurisdictional practice rule, where
of the Professional Conduct Rules which prohibits disobeying an obligation to a adopted, permits an attorney to provide
tribunal. What happens when a Delaware attorney
chooses or is forced to work from home? What hap-
pens if that home is not in Delaware? In addition, In addition to t he logistical challenges
to the issue as to whether the home office is a bona t hat t he COVID - related shutdowns and
fide office, there can be unauthorized practice of
law questions.
social distancing created, professional
The ABA issued a timely advisory opinion on responsibilit y issues also arise.
December 16, 2020. The Standing Committee on
16 DSBA Bar Journal | www.dsba.orglegal services on a temporary basis in home in Utah? And the answer is the
a jurisdiction to which they are not same — none.” Utah Op. 19-03 (2019).
admitted if that practice is undertaken The safest course while working re-
in association with a lawyer who is ad- motely from out of state would appear
mitted to practice in that jurisdiction;
Looking for
to be to maintain a non-public profile
who actively participates in the matter; while doing so and to make sure that you
and the matter is reasonably related to a
matter reasonably related to the lawyer’s
are only practicing law of the jurisdic-
tions to which you are admitted. Failure
legal help?
practice in the jurisdiction to which to meet the requirements of the bona fide
the lawyer is admitted. While Rule 5.5 office rule will probably be excused (or A legal aid agency
would appear to permit an attorney liv- may be able to help!
overlooked) until this crisis ends.
ing outside a jurisdiction which adopted Have a happy and healthy New Year! BANKRUPTCY
Rule 5.5 to practice Delaware law in
that foreign state, the Rule goes on to “Ethically Speaking” is intended to stimulate DISABILITY LAW
prohibit the establishment of a regular awareness of ethical issues. It is not intended as legal
DOMESTIC VIOLENCE
advice nor does it necessarily represent the opinion
and systematic presence for the practice of the Delaware State Bar Association.
of law in the jurisdiction in which the at-
FAMILY LAW ISSUES
“Ethically Speaking” is available online.
torney is not admitted. Certainly, work- Columns from the past five years are available on HOUSING
ing from one’s home could be construed www.dsba.org.
IMMIGRATION
as a regular and systematic presence.
In reaching these conclusions, the Cha rles Sla ni na is a par tner in the
ISSUES WITH AGING
ABA cited a Utah Ethics Opinion which firm of Finger & Slanina, LLC. His prac- PUBLIC BENEFITS
states, “What interest does the Utah tice areas include disciplinary defense
and consultations on professional re-
State Bar have in regulating an out-of- sponsibility issues. Additional informa- DELegalHelpLink.org
state lawyer’s practice for out-of-state tion about the author is available at
clients simply because he has a private www.delawgroup.com.
CONNECT WITH YOUR COLLEAGUES
DSBA SECTION
FORUMS
• SHARE NEWS AND BEST PRACTICES
• ASK QUESTIONS AND GAIN INSIGHT
• EXPAND YOUR PROFESSIONAL NETWORK
To access the forums, log into www.dsba.org and click on
Forums listed at the top of the Members Area page. From
there, you will find the list of potential forums. Posting and
responding is easy to do. Enjoy connecting!
DSBA Bar Journal | January 2021 17OFFICE OF DISCIPLINARY COUNSEL UPDATE
ODC Update:
Ethics Hotline, Ethics CLE Series, and Standing
Committee on Rules
BY LUKE W. METTE, ESQUIRE
I
n this periodic column from the Office of Disciplinary ▪▪ the various Rules touching on candor, misrepresenta-
Counsel (“ODC”), I wanted to: 1) provide an update tion, deceit and fraud;
on the use of our Ethics Hotline; 2) summarize recent ▪▪ compliance with Rule 1.2(d) in the face of evolving
ODC-sponsored, ethics CLE programs; and 3) focus on state and federal laws regarding marijuana;
a specific rule that is being evaluated for possible amendment.
▪▪ the duty of lawyers to supervise other lawyers and
ODC Ethics Hotline non-lawyers; and
Delaware lawyers are using ODC’s Ethics Hotline with ▪▪ the Rules regarding legal fees, including advance fees.
increasing frequency. Through the Hotline, ODC lawyers
Please let me know if you have any thoughts regarding
provide confidential and timely guidance (not legal advice)
these, or other topics, for inclusion in ODC’s ethics CLE
regarding a lawyer’s prospective conduct in the context of
series.
the Delaware Lawyers’ Rules of Professional Conduct (the
“Rules”). The feedback we have received regarding this initia- ODC also plans to use this column in the Bar Journal
tive (both in general and from lawyers who have specifically to highlight some of the issues discussed in CLE programs
availed themselves of it) has been overwhelmingly positive. already delivered — for the benefit of both those lawyers
Lawyers can simply call the Office to request such guid- who attended the CLE presentations and those who did not.
ance, and our website (courts.delaware.gov/odc) now also To kick things off, this article addresses some of the issues
includes a dedicated Ethics Hotline email address (ARMS_ discussed in the October and November CLE programs
ODC_EHOTLINE@delaware.gov). mentioned above.
On October 16, 2020, Justice Traynor addressed, among
ODC’s Ethics CLE Programming
other topics, the Delaware Supreme Court’s addendum to its
ODC’s one-hour, ethics CLE programming has become opinion in In re Shorenstein Hays-Nederlander Theaters LLC
increasingly popular since we switched to a live Zoom format Appeals, 213 A.3d 39 (Del. 2019), relating to the conduct of
during the COVID-19 pandemic months. Over 500 lawyers a witness during a deposition and what the defending lawyer
attended our October 16, 2020 program on civility and pro- may want to do to control such conduct. We also discussed
fessionalism (featuring Justice Traynor), and approximately what lawyers and judges can do to improve trust and confi-
300 lawyers attended our November 9, 2020 program regard- dence in the legal profession. I referred to former Chancellor
ing ethical issues facing in-house corporate and government Allen’s 1991 Law Day remarks, “Zealous Advocacy and a
lawyers (featuring State Solicitor Aaron Goldstein). Given the Lawyer’s Duty to Justice: A Law Day Meditation,” and I used
popularity of this series in this format, we plan to continue the Chancellor’s comments as a basis to discuss various Rules
to offer ethics CLE programming via Zoom even after we
that specifically address a lawyer’s independence from a client
emerge from the pandemic.
and lawyer’s duties to persons other than a client.
Our ethics CLE programming in 2021 is likely to include
On November 9, 2020, State Solicitor Aaron Goldstein
one-hour Zoom presentations on many of the following topics
discussed some of the unique ethical issues facing government
(with invited guest presenters, as appropriate):
lawyers and government law departments, including identify-
▪▪ succession planning; ing the client and managing possible conflict of interest situa-
▪▪ the effects of aging on the brain; tions. Aaron and I identified various Rules and Comments that
18 DSBA Bar Journal | www.dsba.orgaddress these issues. We also addressed
the question whether the ethical option
(or requirement) of withdrawing from NOMINATIONS SOUGHT
FOR LAW DAY AWARDS
representation in certain circumstances
is a viable option for in-house corporate
or government lawyers whose only client
is their employer.
The Delaware State Bar Association and the Awards
Standing Committee on Rules: Committee are seeking nominations for the Liberty
Rule 1.13 Bell Award, the Community Service Award, and the
Specifically with regard to the issues Myrna L. Rubenstein Professional Support Recognition
inherent in an in-house lawyer’s decision
whether to withdraw from representa- Award to be presented at the 2021 Law Day Luncheon.
tion, and with the permission of the Below are the criteria for these awards.
Delaware Supreme Court’s Standing
Committee on the Rules of Professional
LIBERTY BELL AWARD
Conduct (the “Rules Committee”),
I mentioned during the November 9 The Liberty Bell Award is given annually to an individual,
CLE that one of the issues the Rules who is not a judge or lawyer, who has rendered outstanding
Committee is evaluating is whether service to his or her community. The award is designed to
Delaware’s Rule 1.13 (Organization as promote a better understanding of government, a greater
Client) should track more closely the respect for the rule of law or a deeper sense of individual
ABA’s Model Rule 1.13. Among other responsibility which contribute to the effective functioning
things, ABA Model Rule 1.13(c) (which of our governmental institutions.
many states have adopted in one form
or another) provides that a lawyer for COMMUNITY SERVICE AWARD
an organization may, in certain circum-
The Community Service Award recognizes annually a
stances, reveal information relating to
member of the judiciary or the Delaware Bar who has
the representation, even if not other-
wise permitted by Rule 1.6. Delaware’s rendered meaningful service to the community and who
corresponding Rule 1.13(c), however, has contributed significant time and effort to the greater
provides that, in such circumstances, a Delaware community. Nominees should have demonstrated
lawyer may “resign.” a commitment to leadership and service in activities that
If you have views whether Delaware’s enrich and strengthen our community over a substantial
Rule 1.13 should track ABA Model Rule period of time.
1.13 that you would like to share with
the Rules Committee, please contact me MYRNA L. RUBENSTEIN PROFESSIONAL
or another member of the Rules Com- SUPPORT RECOGNITION AWARD
mittee. This Award recognizes long and dedicated service to
the Bench and Bar of the State of Delaware, to the Bar
Association, and to the Members thereof, which has
Luke Mette has been a member of the
Delaware Bar since 1988 and has held
contributed in a significant way to them and to the high
numerous positions in government and ideals of the legal profession.
private firms. He was named Chief Dis-
ciplinary Counsel for the Office of Disci-
plinary Counsel by the Delaware Supreme Nominations should be submitted to Mark S. Vavala, Executive
Court in January 2019.
Direc tor, DSBA at mvavala@dsba.org. The deadline for
nominations is February 5, 2021. Please include: The name,
firm, and title/occupation of the Candidate; name and contact
information (firm, address, email, phone, and fax) of the
individual nominating the Candidate; and a brief statement of
the reasons the Candidate is deserving of the Award.
DSBA Bar Journal | January 2021 19DE-LAP ZONE | CAROL P. WALDHAUSER, EXECUTIVE DIRECTOR
Strategies to Improve Performance
of Daily Activities and Reduce Pain
BY GUEST COLUMNIST RACHEL GOTTESMAN, OTR/L
ing sleep, increasing concentration at
work, and creating comfort in movement
No matter what age, finding new tools to foster well-being and self-
while exercising or performing sports
care is imperative for both physical and mental health. More specifi-
activities.
cally, learning strategies to improve performance of daily activities
and reduce pain. For that reason, I am pleased to welcome to the 1. Stretch Effectively
DE-LAP Zone this month our guest columnist: Rachel Gottesman, We have all heard of the importance
OTR/L of Body Ease Therapy. of stretching. However, the length of
time a stretch is held is key to effective
With over 20 years of experience, Rachel Gottesman is an occupational long-term pain relief.
therapist who graduated from Boston University in 2000 with a BA in When we stretch, we are not only
Occupational Therapy. Equally as important, Rachel had worked in a stretching the muscles, but the fascia,
variety of settings, including but not limited to: acute rehab, acute or the soft connective tissue that sur-
care, outpatient therapy, brain injury rehab, and skilled nursing facili- rounds and penetrates all the muscles in
ties including over a dozen of years in the rehab group at Christiana the body. Fascia responds best to slow,
Care Health System. Furthermore, in 2015, Ms. Gottesman opened a prolonged holds in order to release or
open up.
private practice in Delaware and Southern Pennsylvania, specializing
in myofascial release therapy and pelvic floor therapy. Today, Rachel Think of a rubber band — you can
change its length by pulling on it, but
Gottesman lives and works in Delaware and Southern Pennsylvania
what happens when you let go too quick-
and has a special understanding of legal professionals.
ly? It snaps back to its previous length.
Stretching the fascia is very similar.
Carol P. Waldhauser is the Executive Director of the Delaware Lawyers As- The second aspect of stretching is
sistance Program and can be reached at cwaldhauser@de-lap.org.
holding the stretches for a minimum of
T
90-120 seconds. That is the amount of
time it takes to get an initial release of
he American Academy of Pain emotional stress, and repetitive strain. the fascia.
Medicine reports that 100 Unfortunately, this type of discomfort This is a good start!
million Americans and 1.5 bil- can trigger a cycle in which exercise,
However, to keep the area open and
lion people worldwide suffer work, sleep, or a balanced mental state loose after the stretch is over, you should
from chronic pain, or pain that persists becomes difficult. hold the stretch an additional two to
well beyond an initial insult or trigger, The following strategies can help to three minutes. Holding the stretch for
sometimes for years. Chronic pain can decrease discomfort and tightness in a total of three to five minutes will start
develop over time, especially from lack day-to-day activities. Applying some of to make lasting changes in the body.
of activity, poor posture, physical or these principles can also help by improv- Of course, the longer you can hold, the
20 DSBA Bar Journal | www.dsba.orgYou can also read
