Visiting Professor Examines Delaware’s Leadership in Technology, Ethics
Web Editor - Published: October 23, 2013
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Richard K. Herrmann (right) presents Kevin F. Brady (left) with the 2009 Corporate Council Technology Institute distinguished lecturer award.

“We should anticipate that technology and the law will be among the hottest of topics during the next several years. Commissions, such as the one created in Delaware, will mark the official start, but other avenues of best practices and education are on the horizon,” writes Visiting Professor Richard K. Herrmann in the article “Ethics and Technology: Delaware Finds Itself First Again” in Volume 60, Issue Eight of The Federal Lawyer.

Herrmann’s article focuses on the Delaware Supreme Court’s Commission on Law and Technology, a new Arm of Court charged with providing Delaware lawyers education on law and technology. The Commission has a distinct Widener Law connection with Herrmann and 1982 alumnus Kevin F. Brady serving as co-chairs. Herrmann and Brady will also teach a course at Widener Law in the spring of 2014 on ethics and technology.

The Commission is responsible for developing guidelines related to lawyer competence and client confidentiality as relates to the use of technology and the practice of the law. The Delaware Lawyers’ Rules of Professional Conduct were recently amended in January to highlight the need for lawyers to maintain a working understanding of advancing technology.

Justice Henry duPont Ridgely, who serves as Liaison Justice to the Commission, said, “Other Supreme Courts throughout the Untied States are making or considering similar amendments, but Delaware is the first State to create and task a Commission with the responsibility of assisting lawyers in this regard. We live in an ever changing world of technology, and it is having a direct impact on the way lawyers are practicing law.”

Professor Herrmann is a partner at Morris James LLP and serves as Chair of the Corporate Counsel Technology Institute, which was established to become the major legal technology resource for the corporate law community. Its mission is to provide the corporate law community with the tools necessary to efficiently manage complex litigation through smart use of technology, assist in litigation costs and help create a knowledge management culture. It provides education and consulting services to the law school faculty and corporate counsel. In addition, The Richard K. Herrmann Technology Inn of Court, named in his honor, focuses specifically on electronic discovery.

Kevin F. Brady is a partner at the Wilmington offices of Eckard Seamans Cherin & Mellott, LLC. His practiced is focused on corporate and commercial litigation in the Delaware Court of Chancery, the Delaware Superior Court, and the U.S. District Court for the District of Delaware. He is part of the firm’s Litigation, Business Counseling, E-Discovery and Information Management, Securities Litigation, and Intellectual Property Litigation practice groups. In 2009, he received the Corporate Council Technology Institute’s distinguished lecturer award.