Page 5 - Delaware Lawyer - Issue 2 - 2024

EDITOR'S NOTE
The Delaware Bar has always been small in size but mighty in its ap- proach to the law, much like the state itself.
One of the things that sets Delaware lawyers apart is how we approach our interactions with our fellow members of the Bar, as well as with members of the Delaware judiciary. Collegiality, courtesy and professionalism are hallmarks of what characterizes Delaware lawyers. As a small Bar, we know that in most things, cooperation yields better results than confrontation. Collabo- ration is more valuable than combat- iveness. While another lawyer may be your opposing counsel in one case, they may be your co-counsel in the next. Making enemies in a Bar the size of Delaware’s is a one-way ticket to the doghouse.
We call our approach to practicing law “The Delaware Way,” and it is a tradition that has not only sur vived but thrived for hundreds of years. The Delaware Way instructs us to treat other lawyers with the courtesy that we would expect in return, and to make the practice of law not mere- ly a profession, but a pleasant one. Delaware lawyers extend scheduling courtesies and other considerations to accommodate vacations and family activities, and because our judges ex- pect us to reach agreement wherever possible without involving the court, especially on the little things.
The Delaware Way does not pre- clude zealous advocacy. Far from it. Delaware lawyers pursue their clients’ interests as aggressively as lawyers in other jurisdictions. But it instructs us to keep our interactions with other Delaware lawyers civil, and even enjoyable. And that matters more in Delaware because our fellow
Delaware lawyers are not just oppos- ing counsel. They are our neighbors. Our friends. They coach our kids’ sports teams. In a small state and Bar, building and maintaining strong relationships is paramount. And gen- erations of Delaware lawyers paved the way and set the expectations for us to follow in their footsteps.
Our first article highlights an embodiment of the values that the Delaware Way represents: the Princi- ples of Professionalism for Delaware Lawyers. Adopted by the Delaware Supreme Court and the Delaware State Bar Association, these Prin- ciples inform lawyers and the public of the standard to which Delaware lawyers hold themselves, and what to expect when they hire or interact with a Delaware lawyer.
In our second article, Pete Walsh reflects on the Delaware Way in a modern litigation practice. Litigation often gets intense, and when tempers flare it often falls to the Delaware lawyers to break the tension and try to collaborate with their contem- poraries on the other side to reach agreement where possible. The Dela- ware Way reminds us of the impor- tance of that role, and to involve the court only as a last resort.
Finally, retired Superior Court Judge Mar y Johnston and long-time practitioner Bill Johnston discuss the Delaware Way in alternative dispute resolution. Mediation and arbitration continue to proliferate as alternatives to litigation, and the role of Dela- ware lawyers — and adherence to the Delaware Way — in those fora is no less important than in more tradi- tional litigation environments.
Experienced Delaware lawyers understand that practicing in our state is a privilege compared to other
legal communities that don’t place as heavy of an emphasis on courtesy and professionalism. But the Delaware Way isn’t self-perpetuating. Rather, it requires us all to continue embracing the principles that set Delaware law- yers apart, to distinguish Delaware as a national and global leader in legal practice professionalism.
With this issue, we also recognize the efforts of several of our long- standing Board of Editors members, as they conclude their service to Delaware Lawyer. Consistent with the Delaware Way, David McBride, Bob Whetzel, Commissioner Loretta Young, Gerry Grant and Commis- sioner Candace Holmes gave con- siderably of themselves and strove to make Delaware Lawyer the best magazine it can be. We are in a stron- ger position because of their efforts, and we thank them for their years of dedicated ser vice.
James H. S. Levine
James H. S. Levine
ISSUE 2 2024 DELAWARE LAWYER 3