Advocate April 2022 by Baltimore County Bar Association

Advocate

The

April 2022

Newsletter of the Baltimore County Bar Association

VOLUME XXXI, NO. 9

Special Thanks to the Annual Sponsors of the Baltimore County Bar Association Title Sponsor - Law Firm Albers & Associates

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April 2022

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The Advocate

The President’s Message

I am Ukrainian! This statement is a bit more than just one of solidarity. My grandparents’ roots trace back to Kyiv, which was known as Kiev until the 21st century, and also from Rigor, Russia. Understandably, Putin’s WAR against Ukraine has hit me harder than his atrocities in Syria and elsewhere worldwide. Though it serves as no excuse for differing empathy for the victims of similar acts of aggression against freedom and self-determination, it cannot be an excuse for inaction now and in the future. Like so many others, each morning last month, my first thought was for the safety and success of Ukraine and its President, Volodymyr Zelenskyy. That ritual, for me, will continue this month and, sadly, beyond in all likelihood. I have kept my president’s messages non-political this year, and this one is no exception, for I believe the rule of law is under threat globally. Anyone with empathy and a desire for democratic values of justice, self-determination, and freedom should view the current situation as a moral one rather than merely as the politics of the day. However, if you view this message as political, I kindly ask for your indulgence.

democracy are at stake, and these are the foundation of the rule of law that should govern international and local order. They are, of course, at the core of our legal system and governance. Activist Lilla Watson was quoted, during a recent BCBA diversity, inclusion, and equity program, and her words resonate with even more fervor in this movement in time. “If you have come here to help me, you are wasting your time. But if you have come because your liberation is bound up with mine, then let us work together.” Indeed, our liberation is bound up with justice and the fate of people facing injustice. As the late Martin Luther King, Jr. noted in his Letter from Birmingham Jail, “A threat to justice and democracy anywhere is a threat to justice and democracy everywhere.” As many know, the President’s Message is typically drafted and submitted for each monthly issue of The Advocate about a week before the beginning of each month. When the March issue was published, the war in Ukraine had just begun. Hopefully, it will soon end and favorably to the fight for justice, freedom, and the rule of law. We are blessed to be free and to be able to advance the cause of justice in our work, without which there could be no democracy nor a democratic republic. Yet, as the world has now been witnessing first-hand, both justice and democratic values are fragile and under constant threat. Therefore, while I will always value help, and I am heartened by the overwhelming support for Ukraine’s fight on the front lines of justice, it is more evident to me now more than ever that our liberation is, indeed, bound together with the liberation of others. I hope to see everyone soon, but especially on April 5th for our more civil “Bar Wars,” on May 17th for our Centennial Black Tie Banquet, and on May 23rd for our golf outing at Woodholme County Club. Stay well and safe!

Like many others, I have wanted to help Ukraine. But I have begun to recognize that the lens of help, while good, is not enough. Fundamental principles of justice and

- Stanford G. Gann, Jr. Your 103rd President of the Baltimore County Bar Association

Calendar of Events

Please go to www.bcba.org and click on Calendar for an up-to-date listing of programs, events, and to register for all programs and events. 2

The Advocate

April 2022

2021-22 Officers

President President-Elect Secretary Treasurer

Stanford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas

Executive Council Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki Michelle Daugherty Siri Alaina L. Storie Mariela D’Alessio Jay D. Miller, Immediate Past President Adam E. Konstas, Young Lawyers Chair Rachel M. Ruocco, Executive Director

The Advocate Tracee Orlove Fruman Committee Chair Tommy Tompsett Committee Vice-Chair Jill Blum Graphic Designer

Contributing Writers Jon S. Cardin Tracee Orlove Fruman Louis N. Hurwitz Ari J. Kodeck Bill Levasseur Snehal Massey Hon. Stacy A. Mayer Wendy S. Meadows Jacqueline Moritz Jennifer W. Ritter Hon. Leo Ryan Erika C. Surock Asja Towns Nena Villamar Alexander Walsh Martha White The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.

Publication deadline: 20th of the month preceding publication.

April 2022

Inside This Edition Ask the Trial Doctor.............................................................. 38 BCBA Events 2022 Chopped Challenge................................................... 24 BCBA Spotlight In Chambers with Judge Pilarski........................................ 28 Law Clerk Spotlight: Hunter Gallagher............................. 32 Law Clerk Spotlight: Adam Kruger................................... 33 Member Spotlight: Singleton Mathews............................. 31 Sponsor Spotlight: Nota by M&T Bank............................. 35 The Retirement of Judge Philip Tirabassi......................... 26 Committee Reports Bench Bar: March 2022..................................................... 12 Diversity and Inclusion: What Diversity Means to Me...... 15 Family Law: Admissability of Electronic Evidence............................ 16 Join the Panel for the Public Defender’s Office............. 17 Professionalism: When a Compliment isn’t a Compliment........................................................ 19 Young Lawyers: Chambers Chat with Judge Phelps.......... 21 Lawyer Assistance Program................................................... 20 Practice in Focus: How Can Pro Bono Advance Your Legal Career.............................................................. 23 The Legislator’s Perspective................................................... 10 Wellness with Wendy.............................................................. 36 The Advocate

Court Notices April District Court Schedule BALTIMORE COUNTY DISTRICT COURT JUDGES’ ASSIGNMENT FOR APRIL 2022 14 15

8-1 #1

KYW

GJP

KYW

8-1 #2

MWS

VJ*

KDP

MWS

KDP

MWS

KDP

MWS*

KDP

8-1 #7

GJP

VJ*

GJP

8-1 #8

GJP

8-1 #3 8-1 #4 8-1 #5 8-1 #6

8-4 #1

KJR

VJ/pm

KDP

VJ/pm

8-4 #2

SCZ

DJW

KMD/am

SCZ

8-4 #3

MLR

KMD

MLR

KMD

MLR

8-4 #4

KJR

DJW

VJ*

KJR

DJW

KJR

MLR/am X/pm KJR

SCZ

8-4 #5

GJP

8-4 #6

KMD

MLR

KMD

MLR

KMD

SCZ

8-5 #1

LAP

KJR

X/am KMD/pm LR

BEF

LAP

KMD/am MLR/pm X/am KMD/pm LAP

LAP

8-5 #2

BEF

MTP

BEF

8-5 #3

MTP

BEF

MTP

X/pm

Chambers

Judges: KYW- Kevin Y. Wiggins, KDP- Keith D. Pion, KP-Karen Pilarski, MWS- Michael W. Siri, GJP-Guido J. Porcarelli, KMD-Kimberly M. Davis, LR- Leo Ryan, MLR-Marsha L. Russell, KJR-Krystin J. Richardson, SCZ-Susan C. Zellweger, DJW-Dorothy J. Wilson, MTP-Michael T. Pate, BEF-Bruce E. Friedman, LAP-Lisa A. Phelps *VJ Indicates Visiting Judge to be assigned Judges’ assignments are subject to change without further notice

Centennial Black Tie Banquet Rescheduled to May 17 The Black Tie Banquet of the BCBA has been rescheduled from January 27, 2022 to Tuesday, May 17, 2022 Updated ticket and table information can be found HERE. Please remember, the Black Tie Banquet is an attorney-only event. The Black Tie Banquet is also a vaccine-required event. Once you have purchased your ticket, please CLICK HERE to certify your vaccination status.

The Advocate

April 2022

Court Notices April District Court State’s Attorney’s Schedule MONDAY

TUESDAY

WEDNESDAY

THURSDAY

Date: 4

Date: 5

Date: 6

Date: 7

TO3 SWECKER TO4 SMITH TO5 ABELL

TO2 TO3 TO4 TO5

CA2 LACHMAN CA7 ABELL

CA2 DESTEFANO CA5 MORITZ CA7 STURGELL

MORITZ GERRY (PM ONLY) STURGELL DESTEFANO

EX1 DICKSON EX2 MARTIN

EX1 SMITH (PM ONLY) EX2 POTTS EX3 SWECKER

EX1 GERRY EX2 MARTIN EX3 DICKSON

Date: 11

Date: 12

Date: 13

Date: 14

TO3 LACHMAN TO4 POTTS TO5 SWECKER

TO2 TO3 TO4 TO5

CA2 STURGELL CA7 LACHMAN

CA2 ABELL CA5 MARTIN CA7 GERRY

SMITH ABELL (PM ONLY) GERRY MARTIN

EX1 COHEN EX2 DESTEFANO

EX1 SWECKER (PM ONLY) EX2 POTTS EX3 DICKSON

EX1 DESTEFANO EX2 COHEN EX3 SMITH

Date: 18

Date: 19

Date: 20

Date: 21

TO3 DICKSON TO4 POTTS TO5 GERRY

TO2 TO3 TO4 TO5

CA2 DESTEFANO CA7 MARTIN

CA2 COHEN CA5 MORITZ CA7 LACHMAN

COHEN MORITZ (PM ONLY) LACHMAN SMITH

EX1 ABELL EX2 SWECKER

EX1 LEGALL (PM ONLY) EX2 DICKSON EX3 POTTS

EX1 SWECKER EX2 ABELL EX3 SMITH

Date: 25

Date: 26

Date: 27

Date: 28

TO3 DESTEFANO TO4 SPENCER TO5 COHEN

TO2 TO3 TO4 TO5

CA2 SPENCER CA7 COHEN

CA2 ABELL CA5 SMITH CA7 DICKSON

LACHMAN LEGALL (PM ONLY) BORITS/RIGER SWECKER

EX1 ABELL EX2 DICKSON

EX1 DESTEFANO (PM ONLY) EX2 MARTIN EX3 POTTS

EX1 LEGALL EX2 LACHMAN EX3 RIGER

CELEBRATE ACCOMPLISHMENTS IN THE NEW SPOTLIGHT ON MEMBER NEWS! Let us know about any awards, promotions, moves and other news you want to include about yourself or others. Fill out the online form here, or email rruocco@bcba.org

April 2022

The Advocate

Court Notices Family Law Court Notices Dear Bar Colleagues: Judges Cavanaugh and Jakubowski have asked us to send out the following information from the March 2, 2022, Family Division Meeting: 1. Pre-hearing Contempt Conferences: The purpose of Pre-Hearing Contempt Conferences is to determine whether a case is ready to be set in for a hearing. In cases where both parties are represented by counsel and an Affidavit of Service has been docketed, counsel may file a Request to Be Excused from Pre-Hearing Contempt Conference and Request for Hearing. Requests must be in writing and should be filed as soon as possible once the alleged contemnor has been served. Requests will be granted only if there is an Affidavit of Service on file. Parties who wish to go to mediation in addition to, or instead of, a hearing should contact the Office of Family Mediation at (410) 887-6570. 2. Settlement Conferences: Beginning May 2, 2022, all settlement conferences will be held in person. All parties, counsel, and insurance adjusters should appear in person at the time printed on the Scheduling Order or other notice. Requests to appear remotely should be filed at least 10 business days before the conference and will be granted only for good cause. 3. Expansion of E-Service: Beginning March 2, 2022, the Family Law Department began E-Service through MDEC of all Family Division Writs, Summonses, Orders, and Notices to attorneys (and pro se litigants who have registered with MDEC). There are still many court documents and notices that cannot be e-served and will continue to be delivered to us via regular mail. Abby Cohen, Family/Civil Case Manager, has kindly provided us with a list of such documents, which we have attached, entitled, “Court Notices and Documents Still Served by Regular Mail.”

4. MDEC Service Contacts for E-Service of Documents: In light of E-Service through MDEC of the above-listed documents from the Family Division, please ensure that you are listed as a Service Contact for all of your active MDEC cases. 5. Judge Availability in March: Please be advised that it is anticipated that fewer judges will be available in the month of March to hear Family Division cases and, as such, there may be an increase in delays and in the number of cases placed on the standby docket. 6. Family Services Intake Interview (MASIC Screening) to Continue through September, 2022: Annamaria Walsh, Director of the Office of Family Mediation advised the Division that the MASIC screening tool study in which Baltimore County is currently enrolled will continue to run through September, 2022. Annamaria has provided us with a valuable summary of how the Court’s Family Services screening will continue to take place from now until the end of September. Please see that important policy statement attached to this message. 7. Annamaria Walsh: We are sad to announce that, as of March 11th, Annamaria Walsh will be leaving our Court and starting her new position with the Court of Special Appeals as the Director of the Alternative Dispute Resolution Division. Anna – Thank you for all you have done for the Baltimore County Office of Family Mediation (and your previous service as Bar Co-liaison to the Family Division!). We wish you the best of luck in your new role. Very Truly Yours, Martha K. White Bill Levasseur Bar Co-Liaisons to the Baltimore County Family Division

Don’t forget to update your information on our website! Click here to access or go to www.bcba.org 6

The Advocate

April 2022

Court Notices Family Law Court Notices Baltimore County Mediation Screening Formats Explained The “Mediator’s Assessment of Safety Issues and Concerns” (MASIC) is a screening tool used to identify the presence and level of intimate partner violence between parties in cases that are being considered for mediation. The Circuit Court for Baltimore County is participating in a study of the use of the MASIC in contested cases as partFormats of a judiciary Baltimore child Countyaccess Mediation Screening Explainedproject aimed at identifying a viable IPV screening tool and best practices in relation to determining the appropriateness of The “Mediator’s Assessment of Safety Issues and Concerns” (MASIC)September is a screening tool used to identify cases for mediation. The study is expected to run through 2022, at which time athe deision presence and level of intimate partner violence between parties in cases that are being considered mediation. will be made about the screening process going forward. We appreciate the bar’sfor patience and The Circuitas Court Baltimore County is participating support we for conduct this important work. in a study of the use of the MASIC in contested child access cases as part of a judiciary project aimed at identifying a viable IPV screening tool and best practices in relation to 1. “Remote Party IntakeofInterview:” This interview viathrough Zoom by a staff member determining the appropriateness cases for mediation. The studyisisconducted expected to run September 2022, Office Mediation or the Family Services Eachthe party interviewed at which from time athe decision will of be Family made about the screening process going forward.Offices. We appreciate Bar’sispatience individually. An this attorney maywork. attend their client’s interview, but is not expected. In most and support as we conduct important

cases screened so far, attorneys have not attended the intake interview. The Zoom login

As a partinformation of the study, family cases are assigned to do anIntake “IntakeInterview Interview” in oneaccompanies of two formats:the is located onrandomly the Notice of Remote that

Conference Notice. This interview is conducted via Zoom by a staff member from the 1. Scheduling “Remote Party Intake Interview”: Office of Family Mediation or Interview:” the Family Services Each party is interviewed individually. attorney 2. “Online Party Intake This isOffices. a self-administered questionnaire thatAnthe party may completes attend their client’s interview, but it is not expected. In most cases screened so far, attorneys have online (similar to Survey Monkey) by a stated date. The link and QR codenot for the attended the intake interview. The Zoom login information is located on the Notice of Remote Intake Interview questionnaire are located on the Notice of Online Intake Interview. There is also a yellow that sheet accompanies theID Scheduling Conference Notice. with an Code that the party will need for the questionnaire. These accompany Scheduling Conference Notice. are notquestionnaire expected tothat participate in the online 2. the“Online Party Intake Interview”: This isAttorneys a self-administered the party completes questionnaire, but it is imperative that they direct the client to complete it are by the due online (similar to Survey Monkey) by a stated date. The link and QR code for the questionnaire located on date. The link and QR to the questionnaire are the same for every party and case, so we the Notice of Online Intake Interview. There is also a yellow sheet with an ID Code that the party will need for encourage the attorneys to keep them handy so thatNotice. they can email or to clients the questionnaire. These accompany the Scheduling Conference Attorneys aretext not them expected to who might need assistance: participate in the online questionnaire, but it is imperative that they direct the client to complete it by the due date. The link and QR to the questionnaire are the same for every party and case, so we encourage the attorneys to keep them handy so that they can email or text them to clients who might need assistance:

Self-admin MASIC link: https://iu.co1.qualtrics.com/jfe/form/SV_8w4CuFWx8prsdYW Self-admin MASIC link: https://iu.co1.qualtrics.com/jfe/form/SV_8w4CuFWx8prsdYW

Self-admin MASIC QR Code: Self-admin MASIC QR Code:

If an attorney or client has difficulty with either format (for example, technology problems or language

If anbarriers), attorney or client has difficulty with either format (for example, technology problems or please contact our office for assistance: 410-887-6570. language barriers,) please contact our office for assistance: 410-887-6570. _____________________________________ Annamaria M. Walsh, Esq. Director - Office of Family Mediation Circuit Court for Baltimore County April 2022 401 Bosley Avenue Towson, MD 21204

The Advocate

April 2022

Court Notices Family Law Court Notices Court Notices and Documents Still Served by Regular Mail Only the clerk’s office is e-serving from the Court to MDEC users at this time. Anything that is sent out directly by Central Assignment DCM, Settlement Court, Family Mediation, Family Support Services, or a judge’s chambers, without going through the clerk’s office, will be served by mail. These documents are: 1. Scheduling orders (both civil and family)

reports and correspondence

2. Family service orders

7. Notices of scheduling conferences (all family, civil complex cases)

3. Any hearing notices that are sent by any of the above offices (happens from time to time and is not really predictable)

8. Mediation intake notices for the intimate partner violence questionnaires/interviews

4. Anything send directly from a judge’s chambers – some hearing notices and correspondence

9. Mediation agreements and correspondance

5. Notices of reset settlement conferences if they are sent directly from settlement court or from DCM 6. Documents from Family Support Services –

Local Solutions. Global Reach.

April 2022

The Advocate

The Legislator’s Perspective Ukraine The democratic state of Ukraine has suffered an unprovoked attack by its undemocratic neighbor Russia lead by Vladmir Putin. Over the past 40 days, I have received numerous personal pleas from friends, colleagues, and constituents to urge Senator Ben Cardin and his colleagues to admonish Congress and provide direct aid (air support, boots on ground, enforcement of a no-fly zone, etc.) to Ukraine. I have communicated those pleas with assurances that while not all of it is public, aid is being approved and provided as expeditiously as possible. I believe that is true. We are all sickened by the images seen and the stories we have read about our brothers and sisters and their children in Ukraine. The senseless and unnecessary fighting, damage, death and destruction is intolerable. The assault on a free state by a bully dictator, using disinformation and propaganda to gain internal support, is infuriating. I for one will continue to monitor the situation and push our entire federal delegation to move Congress and the President to stop Putin in his tracks. Below is an update as of March 16. Some of the information below was obtained from CBS News and its writers, Margaret Brennan and Kristin Brown. Ukrainian President Volodymyr Zelenskyy made a video plea from his headquarters in Ukraine directly to members of Congress on March 16th focused on a request to create a no-fly zone over Ukrainian skies and to provide more weapons to combat Russia’s [as of now] superior airpower. Zelenskyy used events in U.S. history, including the 1941 attack on Pearl Harbor and September 11, 2001 terror attacks to appeal to our leadership to provide his country with assets to beat back Russia’s aggressive bombardments. Among other things, the Ukrainian President said,”[Putin] has turned the Ukrainian sky into a source of death for thousands of people…I have a need, a need to protect our sky. I need your help.” Zelenskyy clearly tried to pull heartstrings by connecting to the Famous Martin Luther King, Jr. I Have a Dream speech. The appeal ended with a graphic video showing the devastation and loss of life in Ukraine by Russian forces. Ukraine’s primary concern right now is its ability to compete with the Russian in the air. The Ukrainians need drones and/or jets but also surface-to-air weapons that can hit Russia’s high-flying planes. This would go beyond the 2600 Javelins, shoulder-mounted weapons and 600 Stinger missiles that the Ukrainians have been receiving from the U.S. and its allies. 10

President Biden recently announced an additional $800 million in security assistance to Ukraine, bringing the total announced in the week of March 16th to $1 billion, Altogether, Mr. Biden has authorized $2 billion in security Delegate Jon Cardin for Ukraine since taking office. The U.S. remains by far the largest single donor of security assistance to Ukraine. And Congress’ release of the multibillion-dollar package is imminent. Ukraine initiated a case at the International Court of Justice in The Hague to contest President Vladimir Putin’s official explanation for entering the country as an effort to end a “genocide” of pro-Russian separatists. With more than 3 million Ukrainian refugees, millions displaced and thousands of casualties, not to mention billions of dollars in irreparable and environmental damage to the country of Ukraine, Russia was ordered to stop its invasion by the United Nations on March 16th. The court voted 13 to 2 in favor of ordering Russia to “suspend” military operations in Ukraine and to prevent armed units that are directed or supported by Russia from taking further action. The two judges in opposition, were from Russia and China. Nevertheless, there are no signs that Moscow would comply, making the decision mostly symbolic. For example, no Russian representatives showed up when Ukraine argued its case, and it subsequently submitted a document asserting that the court lacked jurisdiction to decide the case. For those of us who want to help in Ukrainian’s efforts to defend itself against Russia, there are many places to contribute. Be careful to make sure that the organization is legitimate as many fraudulent organizations have surfaced with seemingly honorable objectives. One place to consider that has been thoroughly vetted is the Ukraine Assistance Fund through The Associated: Jewish Federation of Baltimore. The link is payments.associated. org/Ukraine.

The Advocate

– Delegate Jon S. Cardin 11th District April 2022

The Legislator’s Perspective April Update on Redistricting As you may recall from the March edition of the Advocate, I raised three issues around the federal, state, and local redistricting process that I thought Baltimore County lawyers should watch. As it turns out, all three issues wound up coming true, and they are all on the trajectory that my predictions suggested. So, here is an update to this not-yet-completed redistricting process. Baltimore County Councilmatic Map

Given that Baltimore County is more than 30% black and more than 50% minority, a lawsuit was filed against the Council for a map that would promote only one of seven districts (15%) with a likely ability to elect a candidate of color. The County’s arguments against the suit were not persuasive. On February 22, a U.S. District Court judge, citing a violation of Section 2 of the Voting Rights Act, granted the plaintiffs’ motion and ordered the Baltimore County map to be redrawn by March 8. The court’s order mandated the council either include two “reasonably compact majority-black districts” or an additional county district where “black voters otherwise have an opportunity to elect a representative of their choice.” On March 8, the council waited until the final hours to submit their redrawn map. This new map still leaves only one majority-black district, but increases the black population in another district from 29.58% to 41.22%. The Federal District Court Judge will now review the new proposal. A decision on this map will probably be made around the time that this issue is published. State District Map

After the State Legislative Redistricting Map was passed earlier in the legislative session of the Maryland General Assembly, a lawsuit against the state legislative maps from Delegates Mark Fisher (R - Calvert County), Nick Kipke (R - Anne Arundel County), and Kathy Szeliga (R - Baltimore & Harford County), along with Fair Maps Maryland, was filed and then heard before the Maryland Court of Appeals days before the candidate filing deadline. There is now an urgency in getting this map sorted out. On March 8, the House of Delegates added an amendment to House Bill 35 that would prevent election officials from petitioning the court to delay the primary election beyond two weeks after its current date of June 28. The bill still needs to pass the Senate. If it does, it does

April 2022

not stop the courts from delaying the election, but it does make it more difficult for the election administrators to petition the courts for a delayed election. Again, the court will more than likely hand down a decision at about the same time of the publishing of this edition. I believe that the map will be upheld as the maps were legally sufficient, and while arguments could be made to improve the maps, that is not the standard for the courts. Rather, the standard is whether the maps are constitutionally sufficient. Congressional Map

A judge has authorized lawsuits to move forward after denying requests for the lawsuits to be thrown out. Both of these lawsuits, one by Fair Maps Maryland and the other by Judicial Watch, allege that the partisan gerrymandering of the congressional districts violates the state constitution. The trial began on March 15th. After an 8 – 0 vote, Judge Lynn Bataglia opined that the extreme political gerrymandering in the drawing of the Congressional map required it to be thrown out and redrawn. It was my opinion that the map is sufficient and meets constitutional muster. That is to say that using the standards for congressional maps, the Supreme Court has ruled that political gerrymandering is not prohibited. Furthermore, the map is more compact and less gerrymandered than the previously accepted map, and therefore it is acceptable. While the plaintiffs have a point that the maps could be better, the standard why which the court will have to rule is not about being the best maps, but rather legally and constitutionally sufficient. However, Judge Batalgia used the legislative redistricting map standards for the congressional map. In doing so, she was able to force the redrawing. As of Tuesday, March 29th, the Legislative had a joint hearing on a new map that will clearly meet the needs of Judge Bataglia. That map will be voted on in time by April 1 so that we have an acceptable map available. Nevertheless, the Legislature is appealing the decision and while the appeal may not provide a final decision before it becomes moot, the appeal has a possibility to be reversed because the judge is using the wrong standards.

The Advocate

– Delegate Jon S. Cardin 11th District

Committee Reports Bench Bar Committee Report: March 2022 The March meeting of the Bench/Bar Committee was held via Zoom on March 10, 2022, with Chairperson Debra Thomas presiding.

proceedings may be considered in any individual case. If an attorney wishes to make such a request, it should be done early via MDEC.

Administrative Judge Ruth Jakubowski reported that the Circuit Court has been very busy and is fully operational. Jury trials resumed on March 7, with selection remaining at the American Legion through June 30. If COVID numbers remain low, jury selection will move back to the courthouse on July 1, and a workgroup has been convened to incorporate the efficiencies of the American Legion into our courthouse practice. There is a possibility that jury selection at the American Legion could continue beyond June 30, if needed, based on COVID numbers, and that data will be assessed in May. There are still seven courtrooms available for jury trials, with four in use for criminal jury trials and three for civil, and the plexi-glass dividers will remain in use. Face masks are now optional. Big screen TVs are also being installed in all courtrooms and magistrate hearings rooms. These devices can be used for digital evidence and have polycom units to connect with the BCDC, other courtrooms, and other courthouses.

Judge Jakubowski also heralded the collaboration forged through the committee in making two significant changes, both requested by members of the committee. The first significant change is the availability of virtual meetings between private counsel and clients at the Baltimore County Detention Center (BCDC). With the help of the Baltimore County IT Department and the BCDC, there are now two booths dedicated for such meetings. Slots are available in one-hour increments Monday-Friday 8 am –4 pm. Stuart Schadt reported using the system and being very pleased. Attorneys can register for these virtual meeting slots via an online link. Please contact Rachel Ruocco for the link and information. The second significant change concerns pre-hearing contempt conferences. These hearings can now be waived if both attorneys are ready for the actual hearing. That waiver request can be made by line, but attorneys will need an affidavit of service on file in MDEC.

Criminal cases will remain scheduled in person at staggered times: 9 am, 10 am, 11 am and 1:30 pm. Please contact the criminal case manager, Brittany Jackson, as early as possible if you know that your case will not be a plea to facilitate trial scheduling. Family law cases have returned to in-person proceedings. Settlement court for family law cases will be back in person on May 2. There will be a memo coming out shortly with details. For currently scheduled cases, the date and time will remain the same. As of August, the schedule will change with cases at 9 am, 10:30 am and 1:30 pm. Attorneys may also see some new faces in settlement court. Judges Hughes (Carroll County) and Jaklitsch (Anne Arundel County) will join the rotation. Attorneys may request that settlement conferences be held remotely, for good cause shown, and those requests will be considered by Judge Ensor (civil) and Judge Cavanaugh (family.) If the request is due to illness or COVID exposure, please make that clear so that it can be prioritized accordingly.

Administrative Judge Dorothy Wilson reported that the District Court also repealed its mask requirement along with the health screening at the front door. Individual judges have discretion to manage their own courtroom seating capacity and, if persons are seated in the hallway, names will be taken so that litigants can be notified when their cases are called. However, anyone sick, quarantined, or unvaccinated and exposed to COVID may not enter the courthouse and must stay home.

The only cases that remain remote by default are mediation, uncontested divorces, scheduling conferences, Special Immigrant Juvenile Status (SIJS), certain guardianship dockets, CINA and adoptions. In juvenile cases, initial bail reviews are remote with contested matters in person by default. However, requests for remote 12

All case types are currently scheduled, and dockets will remain staggered for the time being. There does exist a backlog of tort cases in Essex and Towson. As a result, some civil cases (mostly torts) filed in Essex may be moved to Catonsville where additional resources are available. Attorneys should check their notices regarding courthouse assignment when received. There is also a backlog in failure to pay rent cases, particularly in Essex, where additional dockets are being scheduled to accommodate. The Monday morning civil docket, previously assigned, has been converted to a failure to pay rent docket to accommodate the backlog. It should be noted that the County still has funds available to help tenants with rental assistance An additional effort has been made to move cases to the available courtrooms and judges by way of shifting certain

The Advocate

April 2022

Committee Reports assigned police precincts. Essex will handle criminal cases arising from the Essex and Dundalk precincts; Towson will handle cases from Towson, Cockeysville, Parkville, and White Marsh; and Catonsville will handle Wilkens, Woodlawn, Franklin and Pikesville precinct cases. This change will facilitate efficient scheduling of criminal cases. While Judge Tirabassi has officially retired, he continues to handle pretrial conferences in civil cases remotely. This has been tremendously helpful in reducing case backlog with a focus on specially set tort cases. And Judge Davis, formerly Judge Thomas, is spearheading the problemsolving courts. Please look for her upcoming program on Thursday, April 21 on the new Adult Recovery Court (Drug Court) and Mental Health Court. Maria Fields gave the District Court Administration Report, indicating that the clerks have been working nonstop to schedule cases. Landlord-tenant cases are expected to be caught up by the end of March in Catonsville and by the end of April in Towson. The overall dockets are currently at capacity through May and June. However, if you have a case to schedule,

April 2022

please reach out to her office and every effort will be made to accommodate your request should a slot become available. Arthur Frank reported that the Orphan’s Court is fully open and operational. Consideration will be given for remote proceedings via Zoom by request, for any litigant sick and unavailable, in particular for nonevidentiary hearings. Administrative Law Judge William Somerville reported that Governor Hogan appointed ALJ Tameika LunnExinor to the District Court of Maryland for Baltimore City. Judge Lunn-Exinor is the 10th ALJ to be appointed to the bench in the last 16 years. ALJ Jerry Woods has also recently been appointed as a mediator for the US Court of Appeals for the Fourth Circuit. Bar President Stanford Gann, Jr. reported that the 2nd annual CHOPPED competition was a success, raising more than $4,000 for the bar’s designated charity, the Education Foundation. (And Stan would know, he won! He thanked everyone for their support.) The Professionalism

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(continued on page 14)

Committee Reports Committee has diligently worked on a revised Code of Professionalism for presentation to the Executive Council at the March 15 Stated Meeting. There are also several exciting upcoming events. April 5 is Bar Wars, for which members are encouraged to field a team to participate for our charity. May 2 is Law Day and a notice will go out shortly as to details. The location is still to be determined but, weather permitting, there will be a noon ceremony at Patriot Plaza with a breakfast preceding at the Towson Sheraton. Also, at long last, the Prom returns on May 17. Please reserve tables early. Finally, May 23 is the annual golf outing to take place at Woodholme Country Club. There will also be a silent auction to support this year’s charity. State’s Attorney Scott Shellenberger advised that his attorneys are very, very busy. They are prioritizing felony cases and violent crimes and taking advantage of current juror availability by having a lead case scheduled to go, as well as a secondary and third case should the higher priority case plead. Greg Gaskins reported from the Office of Law that they are coming into the office on a limited basis at the current time and, otherwise, teleworking. Chris Malanga reported for the Family Law Committee that there are a number of upcoming events scheduled. On March 29 at noon, there will be a remote program via Zoom on custody evaluations. On April 6, there is a multi-jurisdictional dinner meeting at 6 pm at the Woodholme Country Club. On April 26, a legislative update is scheduled with a happy hour to follow. Please check the bar website for details. Adam Konstas reported for the Young Lawyers that March is a busy month. On March 23 at noon, there is a remote district court chambers chat with Judge Lisa Phelps. On March 28 at noon, there is a circuit court chambers chat via Zoom with Judges Judy Ensor and Sherrie Bailey. On March 31 there is a happy hour and donation drive scheduled at Barley’s Backyard. The happy hour begins on the rooftop at 5 pm and members are encouraged to bring the following: puzzles and board games; books (pre-K to grade 6, particularly in Spanish); supplies and resources (such as markers, colored pencils, fidget spinners, arts and craft supplies, play dough); and flash cards (alphabet, numbers, colors). As always, monetary donations are welcome, and checks may be made out to the BCBA. On behalf of the Portrait Committee and as the Baltimore City Liaison, Harry Chase reported that the Baltimore City Bar Association Past President luncheon 14

is scheduled at the end of April. The City courts are open and jury trials have resumed with jury selection at the War Memorial. The Portrait Committee is also busy working on new portraits , and all are encouraged to visit Courtroom 12 to view the recently-installed portraits. Tyler Nowicki presented as the Harford County liaison that dockets remain staggered. Courts are up and running with jury selection remaining off-site. The Diversity and Inclusion Committee report was presented by John Angelos on behalf of Raphael Santini. The Speaker series continues with Comptroller Peter Franchot and Judge Katie O-Malley the most recent speakers. The committee is still looking for law firms to assist in hiring summer scholars, with additional candidates still available. Please contact a member of the Committee for additional information. The next meeting of the Bench Bar Committee is scheduled for April 14. If anyone has an issue to bring to the Bench/Bar Committee, please speak with an at-large member. The list of at-large members can be found on the bar website. – The Honorable Stacy A. Mayer

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April 2022

Committee Reports Diversity and Inclusion Committee: What Diversity Means to Me Series – The Honorable Katherine O’Malley

On March 3, 2020, the Diversity & Inclusion Committee of the Baltimore County Bar Association continued our “What Diversity Means to Me” series with the Honorable Katie Curran O’Malley (Ret.). O’Malley, a native of Baltimore County who is a graduate of Towson University and the University of Baltimore for Law School, is a mother of four and a devoted public servant. She started her legal career as an Assistant State’s Attorney (ASA) in Baltimore County. In 2001, after ten (10) years as an ASA, the-Governor Paris Glendening appointed O’Malley to the bench for the District Court of Baltimore City. For eight of her twenty years of service on the bench, O’Malley served as the First Lady of Maryland. O’Malley is currently running to be Maryland’s next Attorney General (AG). O’Malley spoke about her goal to advance diversity and inclusion and ensure that the AG’s office reflects our diverse state so that varied voices are heard. She plans to hire people of color and create opportunities for internships by recruiting from local law schools. Additionally, she discussed the importance of programs like the Juvenile Justice Monitoring System for Inmates to ensure they are provided with resources when they are released, including but not limited to mental health and educational services. O’Malley shared with us how important it was to employ understanding and empathy and how essential listening and meeting people where they are versus where they should be while she was a Judge in Baltimore City. She believes that employing this approach was instrumental in her success on the bench and plans to continue this in the Office of the Attorney General. O’Malley also talked about the transformational advances made in the judiciary since she was first appointed to what was an all-white male bench at the time. If elected, she will be the first female in the role of the chief legal officer of Maryland and believes this is important to ensure that women’s voices and perspectives are heard especially relating to reproductive rights and challenges in the workplace. We hope you will join us on April 7th to hear from Gary C. Norman, Esquire about What Diversity Means to him. – Snehal Massey, Esq April 2022

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Committee Reports Family Law Committee Report: Admissibility of Electronic Evidence We’ve all been there--prepping for a trial, whether civil or criminal, and we “do the google search” on the various parties and witnesses. Low and behold, some of the folks, including the party opponent, have several social media accounts. Even better, it appears that some of these accounts implicate the opposing party, exonerate your client, or could impeach witnesses.

she explained that the burden of proof for authenticity is slight (preponderance of the evidence) and allows the jury to decide the weight and authenticity. In practical terms, this suggests that you do not need to bring in a witness from the social media company and that if the attorney proffers or utilizes a records declaration/affidavit, the authenticity and best evidence questions are answered.

Several things need to happen before you can introduce and use this information in a trial setting. Fortunately for the Baltimore County Bar Association’s members, the Family Law committee held a program on March 3, 2022 to address this very issue. The extremely competent and well-spoken Senior Assistant State’s Attorney for Howard County, Jennifer Ritter, presented on this topic, with a special guest, Zarena Sita, Assistant State’s Attorney for Baltimore County.

The practitioner will need to lay the appropriate foundation concerning the identification of the document. By way of example, and this is not exhaustive, you intend to use an Instagram post and picture to show that a party opponent traveled to a certain location. The owner of the account is a “mutual friend” of the parties. This witness must have knowledge of the account, be familiar with the account, tag, or post in the account, or, if not the account owner, be tagged in a particular post or picture. This is the easy example. If you call a witness who is not cooperative or claims no knowledge, or additional complications and objections arise, have no fear. Take a deep breath, and review Ms. Ritter’s helpful PowerPoint (found here).

Ms. Ritter walked through the necessary steps for using this information in trial. From authentication of the accounts and building the foundation for admission to overcoming hearsay objections, attendees were left with competent advice for use in their own trials. As with any documentary exhibit, authenticity and best evidence are the first considerations. Lately, our Court of Appeals appeared to relax the standard for this in State v. Sample. 468 Md. 560-68 (2020). Argued by Ms. Sita,

This kind of evidence is more prevalent as we migrate to electronically stored evidence and the use of social media grows. As practitioners, it is incumbent upon us to keep abreast and comfortable with using this evidence in trials. – Ari J. Kodeck, Esq

Shine the Spotlight on you or a BCBA Member you know! Click Here or email rruocco@bcba.org 16

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April 2022

Committee Reports Family Law Committee Report:

Join the Panel for the Public Defender’s Office Did you know that if someone reports suspected abuse or neglect of your children in Maryland, the local Department of Social Services (DSS) can go to your house to investigate you? And that under certain circumstances, DSS may be accompanied by the police who can use reasonable force to get into your home? And if DSS thinks your children are in serious immediate danger, DSS, a government agency, can take your children and put them in a foster home even without a court order? Fortunately, parents’ right to rear their children as they see fit is a fundamental right protected by the U.S. Constitution. Accordingly, Maryland statutory law confers the right to counsel to parents who are involved in these cases against DSS. The Office of the Public Defender is mandated by statute to represent financially-eligible parents and legal guardians when their children may be or have been removed from their care. DSS initiates a case by filing a petition alleging that the children have been abused or neglected and the parents are unable or unwilling to provide proper and ordinary care for them, known as Children In Need of Assistance (CINA) cases. The Parental Defense Division (PDD) is one of the OPD’s statewide divisions with offices in different regions all over the state. Comprised of 30 trial attorneys, the PDD provides legal representation in all of the stages of CINA cases. These stages may include: • Emergency Shelter Care Hearing • Adjudication Hearing • Disposition Hearing • Review of Placement Hearing • Permanency Planning Hearing • Court Ordered Mediation • Termination of Parental Rights • Guardianship Review Hearing Most cases involve at least two parents, and because there might be an actual conflict or potential conflict between two parents, the OPD is authorized by statute to assign conflict cases to private attorneys who are part of the OPD’s panel. Panel attorneys can be assigned approximately 5-20 new cases per month, depending on the county. When a CINA petition is filed, the OPD qualifies the potential clients and if they meet the financial eligibility requirements, they are assigned either a staff or

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panel attorney. Panels may decline to accept a case and therefore have control over their caseload. Once a panel attorney accepts a case, the OPD enters the attorney’s appearance with the clerk’s office and provides the panel attorney with a copy of the petition and other relevant documents. Thereafter, the panel attorney has complete autonomy over the case and strategy. However, the OPD will provide and pay for experts and investigators. Panel attorneys may also receive assistance with motions and memos. One of the OPD’s tenets is to maintain a culture of excellence, so the OPD provides CLEs throughout the year free of charge, enabling panel attorneys to stay up-to-date on the law, improve litigation skills, and learn about topics affecting the child welfare arena. To become part of the OPD panel, attorneys must complete the application form accessible on the OPD website using this link: www.opd.state.md.us/panel-attorneys. The Office accepts applications on a rolling basis, but the new CINA attorney training is only provided every few months. This virtual training is free of charge and must be completed before a panel attorney may begin accepting assignments. The OPD pays panel attorneys $60/hour for CINA and TPR (termination of parental rights) cases. The OPD requires panel attorneys to provide clientcentered, zealous, and tenacious representation to clients. We serve a population that is indigent, marginalized, and often voiceless. For most clients, the goal is to regain custody of their children. Panel attorneys must have excellent trial skills and must show empathy for our clients. CINA law is a relatively new area of law that has seen a boom in interest from practitioners who are interested in family law but want to incorporate public interest and quasi-criminal law in their practice. It is a field that invites novel and creative legal arguments and strategies. If you would like to join the OPD panel and begin receiving CINA cases, please fill out the application form and submit it directly to opd.panel@maryland.gov. If you have any questions or would like more information, please contact Nena Villamar, Chief Attorney of the Parental Defense Division, at (410) 458-8857 or by email at nena.villamar@maryland.gov.

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– Nena Villamar, Esq.

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April 2022

Committee Reports Professionalism Committee: When a Compliment Isn’t a Compliment As a fan of biographies, I have always been curious about individuals’ stories. I am interested in the opportunities they had or did not have, the obstacles they faced, how they interacted with others, the twists and turns that significantly impacted their lives, and what molded them into the person they became. So naturally, this fascination with life stories also applies to eulogies and obituaries for public and non-public figures. One phrase I occasionally hear in these eulogies and read in obituaries grates on me as an errant pebble stuck in my shoe, rattling around, causing discomfort. The phrase, usually offered as part of a well-meaning tribute to the deceased, is that the decedent “did not suffer fools gladly.” On two occasions when I have known the decedent on whose behalf the phrase was spoken or written, I did not perceive the remark as a compliment. Knowing the decedents, both of whom were in respective professions where people sought their guidance, the not suffering fools gladly phrase described their arrogance and dismissive nature when interacting with people for whom they lacked patience. I wanted to learn more about the origin of the not suffering fools gladly expression. My research took me to a January 3, 2013 article by David Brooks, aptly titled Suffering Fools Gladly, published in The New York Times. Mr. Brooks traced the phrase to William Tyndale’s 1534 translation of the New Testament. According to Brooks, in Tyndale’s translation, “Paul was ripping into the decadent citizens of Corinth for turning away from his authoritative teaching and falling for a bunch of second-rate false apostles. ‘For ye suffers fool gladly, seeing ye yourselves as wise.’” Cambridge Advanced Learner’s Dictionary and Thesaurus provides the meaning of not suffering fools gladly “to have very little patience with people who you think are stupid or have stupid ideas.” (dictionary.cambridge.org/dictionary/ english/suffer-fools-gladly) I realize that the use of this phrase is at times offered as a well-intentioned final tribute to a person who was a focused, serious, no-nonsense individual. Brooks refers to the phrase’s use today as an ambiguous compliment, suggesting that “a person is so smart he has trouble tolerating people who are far below his high standards.” As one who has presented more than a dozen eulogies, I have spent much time thinking about final tributes. One should be mindful of striking the right tone, knowing

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which topics to highlight or omit, being aware of the departed’s good and not-so-good qualities, and memories family members and friends hold dear. I have expressed my disdain for the not suffering fools gladly expression and have explained its inappropriateness as a compliment. In contemplating what I consider a backhanded compliment, I pondered how we can positively impact the narrative of our own lives by self-searching and re-examining our interactions, both personally and professionally. We should consider how we treat people who are not as smart and sophisticated as we may think we are. Intelligence and sophistication come in many forms. Some people display their arrogance because they see themselves at or near the top of the food chain, yet they have never walked in the shoes of others who have led far different lives. Many of us have worked hard for many years to achieve success, but have long-forgotten the challenges of that journey. The inner reflection particularly applies to our profession, where people with whom we interact, e.g.- clients, who may be outside of their comfort zone and unfamiliar with many legal terms and processes. Patience, kindness, respect, professionalism, and humility are qualities that will serve you well, but not only with those we encounter in our profession. There is no doubt practicing law or, for a judge or magistrate, presiding over a courtroom, is often a hectic, pressure-laden job that poses many challenges. Trials and other court-related proceedings are adversarial, but that does not provide an excuse for impatience, rudeness, or incivility. This concept also applies to paralegals, law clerks, support staff, and others in the legal profession and life in general. It applies to everybody. The explanation (excuse) that people are hard-wired a certain way does not justify mistreating others or having no patience. We can train ourselves to be more respectful, patient, and civil. Some of the best attorneys and judges I have seen in action are tough when necessary, yet they are civil, polite, patient, and professional. Work towards interactions that will not lead to others someday talking about your life in a way that includes the expression he or she did not suffer fools gladly. Aim for a life worthy of a tribute that incorporates references to qualities such as respect, patience, civility, and humility because you displayed those traits. It is never too late. But don’t do it for the tribute. Do it because it is the right thing to do.

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– Louis N. Hurwitz, Esq 19

Stuart Axilbund Mary Chalawsky Marissa Joelson William Kerr Richard Lynas Jay Miller Gary Miles

saxilbund@axulbund.com chalawsky@gmail.com MJoelson@lawpga.com wlawkerr@verizon.net lynas.richard@yahoo.com JMiller@lawpga.com gary@lawhjm.com

Jose Molina Sam Moxley Joseph Murtha Karen Pilarski Bill Saltysiak Thomas Tompsett, Jr.

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jamolinalaw@gmail.com smoxley@baltimorecountymd.gov jmurtha@mpllawyers.com karenapilarski@gmail.com wsaltysiak@gmail.com tommy.tompsett@mdlobbyist.com

April 2022

Committee Reports Young Lawyers Committee: Chambers Chat with Judge Phelps On Wednesday March 23, 2022 the Young Lawyers Committee had the opportunity, actually- the privilegeto engage in a chambers chat with District Court Judge Lisa Phelps. The lunch hour event was held via Zoom, as most things planned in the winter of 2021 were, however the Young Lawyers remain optimistic that soon we can return to the old “brown bag” lunch chambers chats soon. While Judge Phelps was the headliner, those who attended were treated to a surprise guest appearance from Judge Michael Pate, who sits with Judge Phelps in the Essex District Court. Both judges opened the discussion with a bit of their personal background, as well as their path to the bench. Naturally what followed was insight into the judges’ affinity for “the people’s court” and how they navigate the role they play in many litigants’ introduction to the wider world of the American judicial process. The judges also shared some helpful insights for not just young lawyers, but lawyers of all levels of experience, about what they look for and how they appreciate cases being presented before them. Of particular note, Judge Pate mentioned just how helpful it really is to have three copies of a case you intend to

April 2022

argue prepared and printed before coming to court. As Judge Phelps concurred, in the fast paced district court setting, taking the time to streamline the arguments and provide all sides with a copy of pertinent case law can be extremely helpful. Additionally, both judges encouraged litigants to provide opening statements in civil matters as a way to help frame the issues and narrow the judges’ focus as they prepare to hear the case. Finally, Judge Phelps touched on the importance of treating not only courthouse staff, but litigants as well, with dignity and respect. Judge Phelps astutely noted that for most people their first and sometimes only involvement with the judicial system occurs in the district court, and how important it is for everyone, especially attorneys, to make sure that those who come through the halls of the district court are presented with the time and opportunity to learn just what the heck is going on. The Young Lawyers committee would like to thank Judges Phelps and Pate for their time, and anyone interested in learning more about their judicial insight can find the recording of the meeting by contacting the BCBA.

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– Alexander Walsh, Esq.

Leaders in Dispute Resolution Retired Judges and Lawyers Serving as Neutrals in Maryland, DC, Virginia and beyond since 1995.

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Hon. Eric M. Johnson (Ret.) Retired Judge, Montgomery County Circuit Court

Hon. Daniel M. Long (Ret.) Retired Judge, Somerset County Circuit Court

Hon. Thomas G. Ross (Ret.) Retired Judge, Queen Anne’s County Circuit Court

Hon. Nelson W. Rupp, Jr. (Ret.) Retired Judge, Montgomery County Circuit Court

Hon. J. Frederick Sharer (Ret.) Retired Judge, Court of Special Appeals of Maryland

Hon. William G. Simmons (Ret.) Retired Judge, Montgomery County District Court

Hon. Ann N. Sundt (Ret.) Retired Judge, Montgomery County Circuit Court

Kenneth L. Thompson, Esq. Fellow, American College of Trial Lawyers

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April 2022

Practice in Focus How Can Pro Bono Advance Your Legal Career? Maryland Volunteer Lawyers Service (MVLS) is a nonprofit organization that helps remove barriers to justice through free civil legal help, community engagement, and advocacy for equitable laws. MVLS has three main constituents: our volunteers, clients, and community partners. Our volunteers are essential and invaluable in connecting low-income clients to legal services. Thus, MVLS also offers volunteers an unparalleled opportunity to advance their careers through pro bono work. Here are just a few examples of how pro bono can benefit YOU. Build and Grow Your Practice Pro bono work provides a unique opportunity to build relationships, receive recognition, and expand your reach within your industry. For a new attorney just starting their career, or even as a practiced attorney, networking can help diversify and improve your expertise in different areas of practice and connect you to opportunities to expand your contacts. Pro Bono work is a great way to connect with other attorneys in your industry, as well as MVLS board members and staff, and build meaningful relationships. Expand Your Client Base Pro bono work can also help expand your pool of potential clients. Many of our pro-bono clients have referred their paying friends and family members to their pro-bono volunteers. MVLS provides pro bono legal services to Maryland residents state-wide, and volunteers are given the freedom to choose which counties they are interested in serving. So, this is a great opportunity to expand your practice to reach clients outside of your local community. Professional Recognition It can be personally and professionally rewarding to be recognized and awarded for pro bono work. MVLS frequently recognizes our volunteer attorneys, CPAs, and Enrolled Agents on social media, in our annual report, and in featured articles in our e-newsletter and other publications. Additionally, we nominate volunteers for various awards throughout the year, both internally and with other organizations. In fact, there are monthly opportunities for recognition with MVLS’ “Volunteer of the Month” awards. Learn New Skills MVLS’ Low-Income Taxpayers Clinic (LITC) places cases across a variety of tax controversies. Pro bono work for our LITC is a great way for you to gain experience and

April 2022

do something outside of your comfort zone, providing an opportunity for personal and professional growth. Our LITC assists with tax controversies, including collection issues, refund claims, tax identity theft, audits, worker classification, innocent/injured spouse claims, cancellation of debt income, and other tax controversies. MVLS can also provide mentors for all types of cases, along with our in-house staff attorneys that can provide guidance. Support for You MVLS is very appreciative of our volunteers, and we work to ensure that our volunteers feel supported. Our paralegal staff provides administrative support by facilitating communication between clients and volunteers and keeping track of volunteer hours for reporting purposes. As mentioned above, we can provide mentors for all types of cases, and our staff can assist if there are any issues with clients. In addition, our paralegal staff is trained to ensure that clients are maintaining respectful and courteous communication with MVLS staff and volunteers. MVLS offers free trainings each year on a variety of topics, and our LITC holds trainings and seminars for volunteers and other community partners. We also provide use of our Downtown Baltimore office for client meetings and malpractice insurance for all clients referred through our organization. How to Get Started If you have a passion for helping people, want to find more fulfillment in your work, or simply learn a new skill, MVLS is the right place for you! If you are an attorney who would like to apply to be a volunteer, you must be at least one of the following: • Admitted to practice in Maryland and be a member of the bar in good standing • Admitted to the Maryland bar and on retired status, or • Admitted to another state’s bar and certified by the Maryland Court of Appeals to provide pro bono representation through MVLS. MVLS can assist you with these steps. You can apply at mvlslaw.org under the “Apply to Be a Volunteer” tab or reach out to LITC Director Janice Shih (jshih@mvlslaw.org) or LITC paralegal Asja Towns (atowns@mvlslaw.org)

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– Asja Towns, Esq 23

BCBA Events 2022 CHOPPED Challenge What do jicama, duck breasts, sumo oranges, chocolatecovered pretzels, and canned anchovies have in common? Absolutely nothing! But the contestants in this year’s BCBA Chopped Challenge managed to combine these unusual ingredients to create tasty and innovative meals in the name of charity. Jack Turnbull, 2021 Chopped Champion, had the honor of selecting one of the secret ingredients, canned anchovies. This year, we had nine participants, with two veteran participants, Stuart Schadt and Jack, working together as a team. While all of the participants had the same ingredients and parameters, Alex Walsh had the added challenge of taking on this endeavor with a newborn at home. Maybe he can blame sleep deprivation for burning the chocolatecovered pretzels? That ingredient also posed some difficulty for Rob Kline, who struggled to incorporate chocolate-covered pretzels into his dish. However, Rob said, “The event was awesome [and] a great thing to come out of COVID.” Rob’s children and official taste-testers had a cameo in his entry video. While his son enjoyed the gourmet offerings, his daughter succinctly summed up her opinion: “I don’t want it.”

Rob Erdman was feeling the heat in the kitchen with the secret ingredients. “I found the entire thing difficult. I had never prepared or eaten duck, so I had no idea what to do with it. It turned out awesome though. I would absolutely make it again,” said Rob. Rob also had to cook without an oven, so kudos to Rob for utilizing an air fryer for his entry. Stan Gann, Ralph Sapia, Adam Rosenblatt, and Annamaria Walsh also submitted entries into this year’s Chopped Challenge. The challenge winner was our very own BCBA president who raised $1225. Stan prepared a three-course meal with the secret ingredients. The first course was jicama carrot salad with dates, hot honey orange vinaigrette, and anchovies. The main course was chopped pecan crusted Duck a l’Orange sliced over a bed of riced cauliflower, and drizzled with fig preserves. And for dessert, a crushed pretzel and dark chocolate and ice cream parfait. If Stan’s wife’s reaction was any indication, it was a delicious meal.

CHOPPED CHAMPION

Thanks to the generosity of the BCBA members, who voted with their wallets, the BCBA was able to raise $4,139 for the Baltimore Education Foundation of Baltimore County Jack and Stuart worked together to Public Schools (BCPS), Inc. The create a delicious dish. Jack credits purpose of the Foundation is to build STANFORD GANN, JR. Stuart’s suggestion of incorporating resources to serve BCPS students, a mole sauce for pulling everything educators, and schools by providing together nicely. If you’ve never tried jicama, Stuart support towards the Superintendent’s districtwide described it as “a sweet radish” and opted to slice it up and initiatives, scholarship opportunities to students, and serve it raw, blended with the sumo orange. “The puzzle opportunities for schools and offices to apply for schoolpieces came together to create a whole meal, and we sat based grants. BCBA is proud to support this worthy down and really enjoyed it,” said Stuart. Jack enjoyed organization and thanks everyone who contributed to and working with Stuart so much that he even suggested that participated in this year’s Chopped Challenge. future Chopped competitions be a team activity. – Tracee Orlove Fruman, Esq.

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April 2022

BCBA Events 2022 CHOPPED Competitors

April 2022

The Advocate

BCBA Spotlight The Retirement of Judge Philip Tirabassi As Phil’s retirement date drew near, a careful observer of his chambers could notice that day by day, and bit by bit, the personal effects in his chambers began to dwindle. The Monday after Phil’s last day, I walked into what I thought would be his empty chambers and saw that two items remained, drawings of St. Thomas More and his late father in his Baltimore City Police Department uniform. Puzzled that he would leave behind those two things, I got in touch with him. He reminded me that he wasn’t retired yet, he was just using up some vacation, and that he would be in to get the pictures. I shouldn’t have been concerned. It was entirely fitting that the very last things Phil would take from his office would be the things that represented the foundation of his service on the bench. The images of St. Thomas More and his late father were constant reminders to Phil that he was charged with pursuing truth and justice through the law. When he was in the process of deconstructing his everyday presence in the courthouse, Phil knew that the foundation would be the last part to go. While the pictures may be gone, their effect in the courthouse lingers. Readers of The Advocate are probably already aware of Phil’s professional history. He had a distinguished career as a trial lawyer before being appointed to the bench in 2005. He served as President of the Baltimore County Bar Association. He was an early proponent of problemsolving courts. Baltimore County’s drug and mental health courts have come into fruition in no small part because of Phil’s advocacy. His extensive trial experience made him uniquely suited to conduct pre-trial settlement conferences. Phil’s time as a judge is perhaps best summed up by District Court Chief Judge John Morrissey, who said, “Judge Tirabassi and I met in Baby Judge School 16 years ago, and it was quickly apparent that he would have a long and distinguished judicial career. His creation of a mental health court in Baltimore County is a tribute to his dedication as a public servant. While he may be retired, I fully expect to see Phil regularly in his new role as a Senior Judge.” My perspective of Phil is perhaps unique. As many of you know, Phil and I went to the same elementary school. We often joked that nothing toughens up a young boy more than playing sports with the words “Little Flower” across your chest. We also attended the same high school where Phil was a senior when I was a freshman, which prompted him to remind me often in chambers that I would always 26

The Honorable Philip Tirabassi be an underclassman. Our shared experiences led us to enjoy a warm friendship. Phil’s roots are deep in East Baltimore, where the houses sit cheek by scruffy jowl, and everyone knows everyone else’s business. A sense of community is hard wired into him. This connectedness was evident in Phil’s presence in the courthouse. He was constantly moving about the building, engaging clerks, bailiffs, and everyone else in conversation. He knew who had a child graduating from school, who was getting married, and who might be facing illness. There is never any pretense with Phil. He simply cares about people, and he is widely loved in return. Phil enlivened the courthouse with his sense of humor. On one occasion, a colleague needled Phil by playing the theme to “The Godfather” whenever Phil walked by. Phil endured this for a few days with no more reaction than a wry smile. One morning the colleague arrived at work and Phil was waiting for him. The colleague found on his desk a horse head (of the children’s hobby horse variety) while the theme song played in the background. Phil shrugged his shoulders and, of course, never said a word about it. Phil’s office was the busiest place in the courthouse. Judges, lawyers, courthouse employees all came to seek his wisdom and counsel, or just to chat. He was always

The Advocate

April 2022

BCBA Spotlight the first judge to arrive in the morning, and the stream of visitors to his chambers would continue throughout the day. I asked Phil recently if he would continue to sit in Baltimore County given that he will be living full time on the Eastern Shore. He told me he would find a way to do it because he would miss the people here too much to stay away. It is natural to wonder how someone who has been working steadily for over half a century will adjust to retirement. One needn’t worry about Phil. Although he did tell me that he has already begun to lose track of what day of the week it is, he will continue to be active as a Senior Judge, both here and on the Shore. There will, of course, be more time to devote to soccer and cooking. There will

April 2022

be more time to spend with his family, including a new granddaughter who needs spoiling. Phil may be busier in retirement than he was while he was working. And that’s the way he prefers it. When I told Phil I was tasked with writing this, he didn’t seem thrilled. Perhaps he was afraid I was going to mention the grande ceremonia that was his investiture. I won’t, but if you don’t know, ask someone. I suspect that he would simply prefer to retire with as little ceremony as possible. When I asked him for a quote, he said, “Just say I loved it. I loved every minute of it.” We did too, my friend. We did too.

The Advocate

– The Honorable Leo Ryan

BCBA Spotlight In Chambers with Judge Pilarski When I asked Judge Pilarski if she would be willing to do this in chambers interview, she said, “Why me?!”. From the answers below, I think our readers will know why. Despite being born in Cheverly, Maryland, in November of 1976, Karen A. Pilarski spent the first thirteen years of her life in South Carolina. Judge Pilarski’s childhood was most likely different from most of us, but she stated that she wouldn’t change anything or take anything back. She firmly believes that her past and upbringing are the foundation to how she presides from the bench today. Judge Pilarski graduated from the University of Maryland College Park, where she earned a B.S. in Family Studies and Criminal Justice. She continued her education at the University of Baltimore School of Law and was later admitted to the Maryland Bar in 2003. She began her career as a lawyer at the Baltimore County State’s Attorney’s Office in 2003 and remained there until 2018. In 2018, she was appointed to the bench as an Associate Judge for the District Court of Maryland, District 8, Baltimore County. Judge Pilarski is proud of where she came from and shares her story so that people can understand where she came from and that anything is possible. Tell me about your family. I am married to Fran Pilarski, who is also an attorney. Fran and I met at the Baltimore County State’s Attorney’s Office. Fran now does insurance defense work. I have two kids: Grace, 11, and Emma, 7. Grace is my kind-hearted child and Emma is my spirited child. We also have two labs: Ziggy, 4 months old and Winnie, 2 years old. Where did you grow up? I was born in Maryland and moved to South Carolina, where my father’s family is from. My father passed away when I was nine years old, and I eventually became a ward of the state after my mom lost custody. I was sent to Thornwell, a home and school for children in South Carolina. I actually enjoyed my time at Thornwell because I was able to be a kid for the first time. After Thornwell, I went to live with my grandparents in Maryland at the age of thirteen. I never told anyone my story until I was a judge because I wanted people to understand where I came from and that anything is possible.

The Honorable Karen A. Pilarski Why did you decide to go to law school and become a lawyer? I wanted to help people. I didn’t really know what I wanted to do, but I knew that the law was a place where I could help people. When did you decide that you wanted to be a prosecutor? While in law school, I clerked at the Baltimore City State’s Attorney’s Office in their child abuse unit. I was drawn to this unit because of the experience I had as a child and the abuse I experienced at the hands of loved ones. After I passed the bar, the County needed an Assistant State’s Attorney, so that’s where I went! Sandy O’Connor hired me in 2003, and I stayed there until becoming a judge in 2018. What made you gravitate towards child abuse and neglect? Because of my past, I wanted to help people. When I was a ward of the state, I was frequently in a courtroom as a child party and was not treated kindly or well. It was not a nice place to be, so I wanted to change that experience for other kids and make the courtroom a better place for kids. I try hard to smile and be kind because I wasn’t always treated that way in the system. I wasn’t listened to; I was

The Advocate

April 2022

BCBA Spotlight actually kicked out of the courtroom as a child because I tried to talk to the judge directly and wasn’t following protocol. I was a thirteen-year-old hearing everyone talk about me, but no one was listening to me. I am dedicated to making the courtroom experience different from that of what I experienced. When did you know you wanted to be a judge? I had a great experience as a prosecutor dealing with the community. I knew that as a judge, I could touch an even broader community and could do more. I have always wanted to be a District Court judge because I feel that I am wired for District Court. I love the fastpaced environment and the opportunity to engage with a multitude of people and different kinds of cases. What is the hardest part of being a judge?

What is the best part of being a judge? Helping people to the ability that I can. I also want to give everyone a flavor of judges are real people. I try to be kind and help people realize that the system doesn’t always have to suck and that it can be made up of ordinary people trying to do the right thing. I want to enable people to trust and believe in the system. Do you find that you take the job home with you or that it is hard to compartmentalize? No, but only because I learned that from being a prosecutor. You have to let it go or you won’t be able to do the job the next time. I also learned this as a kid and consider it victim survival – you have to keep going forward, you can’t look back.

Seeing people at their lowest. I frequently have to detach from the person. I understand someone not being able to pay for rent, I once was that person growing up, but you still have to hold people accountable. Sometimes, I want to be able to do more but know that I can’t.

Don’t forget to update your information on our website! Click here to access or go to www.bcba.org

Writer’s Note: Each judge profiled is asked a set of questions regarding their “favorites.” Judge Pilarski’s answers are as follows: Book:

The Art of Racing in the Rain by Garth Stein

Movie:

Tied between Footloose and The Wizard of Oz

Sports Team: Baltimore Ravens Self-care Activity Favorite Child

Watching any Real Housewives show Ziggy!

– Jacqueline Moritz, Esq.

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The Advocate

April 2022

BCBA Spotlight Member Spotlight: Singleton Mathews You have probably seen him rushing through courthouses all over the State in his trademark baseball hat and his always present smile. Singleton Mathews has made a name for himself covering scheduling conferences, postponements, bail reviews, preliminary hearings, and other court appearances for attorneys who have scheduling conflicts. The “Everywhere Lawyer” as he is known, can regularly be found in six to seven courthouses a day representing his own clients as well as providing much needed coverage for the private bar. A 2014 graduate of the University of Baltimore School of Law, Singleton clerked in the Baltimore City State’s Attorney’s Office for three years while attending night school. He then clerked for the Honorable Colleen Cavanaugh of the Circuit Court for Baltimore County. He described his time with Judge Cavanaugh as an amazing experience where he was exposed to all areas of the law. After clerking, Singleton founded Client First Legal Services with a business model focused heavily on attorney coverage. The idea of providing coverage for other attorneys came in part from his time at the State’s Attorney’s Office. After three years of watching how the Assistant State’s Attorneys relied on each other to cover cases, Singleton recognized that “nothing would function without teamwork.” That same need exists in the private bar but on a larger scale where a practitioner could be split not just between courtrooms but courthouses across the State. At first Singleton provided coverage for lawyer friends. It was during one such time that the idea took off. He was in Towson District Court covering a postponement. Judge Tirabassi asked if this was his thing, requesting postponements on behalf of other lawyers. Singleton responded “yes, it is.” As he was leaving court that day, two lawyers stopped to ask for his contact information. They became his next two clients. Between word of mouth, the Maryland Lawyers page on Facebook, and people seeing him in court, his practice has grown exponentially. In his first year he covered approximately eight cases. This year he has 130 clients who regularly call on him to provide coverage. “There is value in outsourcing minor appearances” said Mathews. There is also value in

Singleton Mathews relying on the contacts he has made throughout the State. Because he appears in multiple jurisdictions regularly, he has built relationships with judges, prosecutors, and court personnel that can benefit other lawyers. Singleton’s 19-year career with the Army National Guard is also a large contributing factor to his success. Holding the rank of Captain, Singleton draws on his military experience in communicating with people, managing assets over large areas and time, and facilitating the needs of multiple people. “What I do in my legal practice is almost identical to what I do in the military, ” said Singleton. It is also abundantly clear in speaking to him how important his service is to him. “It is the most important part of my life. Duty comes first.” Singleton and Client First Legal Services provide professional and reliable coverage in both criminal and civil matters throughout the State. They can be reached at 443-799-2710. – Jennifer W. Ritter, Esq.

Your ad could be here! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9103

April 2022

The Advocate

BCBA Spotlight Law Clerk Spotlight: Hunter Gallagher Hunter Gallagher is currently serving as judicial law clerk to the Honorable Stacey A. Mayer in the Circuit Court for Baltimore County. Hunter grew up in Pennsylvania, making his way to Washington, D.C. for college. After college, he came to Maryland to pursue a master’s degree in theological studies before returning to Washington, D.C. for law school. Hunter comes to Baltimore County from Bethlehem, Pennsylvania. He attended Bethlehem Catholic High School and participated in cross country, track and field, musical theater, and was class president his senior year. Hunter then attended the Catholic University of America in Washington, D.C., graduating in 2013 with a Bachelor of Arts in Philosophy, Medieval and Byzantine Studies, and Theology. While studying at Catholic University, Hunter was an officer for both the Philosophy Club and the Communion and Liberation University, a Catholic intellectual group. Every week Hunter also lectured and served at masses in the National Shrine of the Immaculate Conception. He also had the opportunity to study abroad for a summer in Germany, studying the German language and living with a German family in Munich. After graduating from Catholic University, Hunter completed his master’s in theological studies, graduating magna cum laude in May 2016 from Loyola University of Maryland. Hunter then returned to Washington, D.C. and Catholic University to attend law school at the Columbus School of Law, where he concentrated his studies in criminal law. He also was a lead article editor on the school’s Journal of Law and Technology. Throughout law school, Hunter also was a full-time theology and English teacher at Bishop McNamara High School, where he was ranked top ten percent nationally for classroom engagement by Panorama. He

Hunter Gallagher also created his own digital anthology and materials which acted as the class textbook. Hunter organized and led students in activities such as skiing, hiking, trap shooting, and improv comedy. Hunter also had the opportunity to work as a summer associate in 2020 at James E. Crawford, Jr. and Associates. During his time there, he worked on various criminal cases, performed client interviews, and scheduled and attended court dates. In his free time, Hunter enjoys spending time with his wife, who is expecting their second child, and their oneyear-old daughter. He also enjoys rock climbing across the U.S. and outdoor activities such as hiking, hunting, and skiing when he is back visiting family in Pennsylvania. – Erika C. Surock, Esq.

The Advocate

April 2022

BCBA Spotlight Law Clerk Spotlight: Adam Kruger Adam Kruger has returned to the Honorable Sherrie R. Bailey’s chambers in the Circuit Court for Baltimore County as her current judicial law clerk, after working as her summer intern in 2019. Adam is a Baltimore County native, born and raised in Pikesville, and attended Beth Tfiloh Dahan Community High School, a Jewish Day School. He went to the University of Delaware for college and then returned to Maryland to earn his master’s degree at Towson University and his juris doctor from the University of Baltimore School of Law. In high school, Adam participated in a wide range of extracurricular activities. He ran cross country and track and field, where he was the captain of both his senior year. He also played basketball and baseball. He also was a National Honors Society math tutor for middle school students. At the University of Delaware, he minored in Sociology and obtained a Bachelor of Arts degree in political science. He was a member of Alpha Epsilon Pi, a Jewish college fraternity. Outside of school, Adam worked as a religious school music teacher at Congregation Beth Shalom in Wilmington, Delaware and as a songleader at Camp Wise, Jewish sleepaway camp in Cleveland, Ohio. After college, Adam received a master’s degree in Jewish Studies, with a concentration in biblical literature and civilization, from Towson University. He then attended the University of Baltimore for law school, where he graduated in the top twenty-two percent of his class. While at UB, Adam was an active member of the Jewish Law Student Association. He also participated in UB’s Low Income Taxpayer Clinic as a Rule 19 student attorney for both the Spring and Fall 2020 semesters. Through the clinic, he was able to assist low-income taxpayers with federal tax controversy issues and related state matters. He also filed Collection Due Process requests, corresponded with the IRS and Comptroller, and performed new client intake interviews. Outside of law school, Adam worked as a summer law clerk at Rosenberg and Tomko, P.A. in Baltimore, where transcribed statements and reviewed evidence for

April 2022

Adam Kruger upcoming criminal cases. He also worked as a law clerk at the Law Offices of Posner and Cord in Baltimore, where he assisted with most facets of district court litigation preparation for auto tort cases. Through the judicial clerkship experience, Adam is looking forward to the wide range of cases he will be able to see as well as being able to observe different attorney presentation styles in the courtroom. He is also looking forward to making connections in the legal community and gaining a deeper understanding of how the legal process works and what type of law he wants to practice after clerking. Outside of work, Adam enjoys spending time with his wife, their one-year-old son, Micah, and their three pets – their dog Thor, and their two cats, Carmel and Oliver. Adam has also played on a rec softball team at Patterson Park for the last five years. He is an avid Ravens fan, loves to cook, and considers himself a “sneakerhead” with a growing collection of sneakers.

The Advocate

– Erika C. Surock, Esq.

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The Advocate

April 2022

BCBA Spotlight Sponsor Spotlight on Nota by M&T In recent years, especially since the COVID-19 pandemic, digital transformation has become increasingly important for law firms. Lawyers have learned to deliver legal services remotely, work from home successfully, be more mobile, and embrace many of today’s affordable, cloudbased services. Office365 is the gift that keeps on giving. And then there’s Zoom! Zoom may have single-handedly revolutionized the way we go to court, mediate, meet with clients and colleagues. Turn-key practice management services like Clio and LawPay have helped lawyers manage the dates, deadlines, details, and payments systems efficiently and securely. Enter banking. In the old days (2019), when we spoke of and thought of banking, a brick-and-mortar shop would certainly come to mind. But even banking has been evolving. For a few years now, we have logged into a secure banking system to check balances, send payments, and transfer funds. And you have not lived until you’ve deposited a check via your mobile phone! It’s an amazing time to be a lawyer. M&T Bank saw this evolution coming and wanted to lead the way. They put together a team of banking and legal experts and built Nota. You may know M&T as a traditional bank, but they are leaning hard into all the benefits of digital banking. There’s one thing that hasn’t changed, and they know it: the importance of having a personal relationship with your banker. For that, you can expect customer service and support from real humans who know your name and your law firm. Nota by M&T Bank is a free cloud-based IOLTA account management and banking services provider designed specifically for the needs of solo practitioners and small law firms. They have invested in the design and user experience of Nota by working directly with solo and small firm lawyers. They listened to their customers and built integrations with popular services like QuickBooks Online, LawPay, and Clio. They realize that being part of an ecosystem of tools and services that work together will help lawyers reduce risk, be more efficient and deliver superlative client service. Not to mention, it helps us sleep better. We all know how stressful the practice of law can be – not to mention how stressful tech can be but there are many ways we can use tech to REDUCE stress, not create it. – Delegate Jon Cardin, Esq. April 2022

The Advocate

Wellness with Wendy Out with the Old, In with the New: What We Need to Do and What We Need to Give Up in our Pursuit of Healthy Lawyering I was asked to dedicate this article to talk about what makes a healthy lawyer. I recently wrote a blog post about this very topic, 2 Secret Sauce Ways to Be a Healthy Lawyer. Instead of rehashing it here, I encourage you to read it for some affirmative steps you can take (today) to feel like you are heading in the right direction. wendysmeadows.com/2-secret-sauce-ways-to-be-a-healthylawyer

However, another topic has been heavy on my mind for a while now. I think it is also important to address what makes us unhealthy lawyers. What do we need to give up in order to be our very best selves? Our best negotiator, mediator, litigator, advocate, parent, friend, partner self ? Perhaps we need to approach this from the perspective of what we need to give up so we are no longer unhealthy lawyers. What do we need to think about giving up? Can you figure out where I am going here? If you are scared, I will say alcohol, then that might be the first clue. However, I am not going to tell you to go cold turkey. Instead, I am asking you to self-evaluate and try a couple of tweaks. Tweaks I have implemented as well, ones I know some of my colleagues follow, and ones that won’t have you feeling like you are missing out. Before I write further, know this. I have rewritten this article several times lest I appear “judge-ee.” I am struggling to say the right thing in the right way and to write with good intentions and from a place of understanding. I can write about this because I have been on both sides of it. I have over-indulged. I have reined it in. Because I have done both, I know where I perform better, think better, and just overall feel better about every area of life. Also, I know that some of you are in recovery, and this article may not apply to you because you are already working your steps and have a different path to follow – if you are in this boat, I acknowledge you and the work you have already put in. Why am I even going here? So many of us use alcohol to cope, unwind, turn off our spinning minds, celebrate a winner day in court, or drown our sorrows after a not-sohot day in the office or court. I think it is important that each one of us take some time to question the importance we put on it and the amount we consume. I say this from the perspective of someone who enjoys a glass of crisp Kim Crawford Sauvignon Blanc, is learning to appreciate 36

good bourbon, and one who loves my husband’s homebrewed IPA. I am not telling you to give up alcohol entirely. I am just asking you to really consider its place in your life. I also am going to encourage you to embrace a few new rules or parameters that you can incorporate to evaluate, check yourself, and live a healthier (and less anxious) lawyer life. Why? Because I can 100% affirm that the more alcohol I consume, the more my anxiety skyrockets. The less I consume, the more peace I feel when I wake up each morning and go about my day. I have coached many lawyers over the last six years and can tell you, hands down, that all of my clients that have cut back report feeling less anxious, more clear-headed, and have a more positive outlook on life, etc. Questions to Ask (Be real with yourself here. You are a smart individual. Your uncensored answers (to yourself) will reveal where you need to cut back: - How much am I drinking each night? Weeknight? Weekend? - How do I feel when I wake up in the morning after 1 glass of wine? 2? 3? None? o Start really paying attention here. Take note of how you feel in the morning. When you feel amazing (after none), really take notice. Embrace that all day. Celebrate yourself. When you feel like crap, again take note. This is not to beat yourself up. This is simply gathering evidence. See where you are foggier or slower than you should be. - Are there times I got behind the wheel when I really shouldn’t have? Ask yourself the “what if I wasn’t so lucky?” - Do I need to have an alcoholic beverage at each bar

The Advocate

April 2022

Wellness with Wendy function to feel “myself ”? - When I am in the mood to celebrate, what is my go-to? - When I am in the mood for self-pity, what is my go-to? - Do I have any built-in rules for myself ? - Do I know I am over-doing it, but afraid to cut back? Ways to Cut Back – Can you . . . - Limit yourself to drinks on the weekend (Friday and Saturday) (or 2 nights per week). - Cut back to no wine/drinks on the couch at night. - Cut back to a glass of wine with dinner and that is all. - Cut back to 2 beverages at a bar function, with a glass of water before each drink first, and only water after the 2 drinks.

- If you go over your 2-drink limit, catch a ride home or Uber. - Save your celebratory “care-free” nights for events that really matter (not every function), make sure to have an Uber lined up, have a plan, drink your water, etc. Thank you for bearing with me through that topic. I know this is a sensitive one. I know this is where I get push-back with a fair amount of my coaching clients. I know we still want to have “fun.” I am not here to tell you to cut everything out – I am just asking you to ask yourself some real questions and see if you can make some tweaks that will help you strive to not be an unhealthy lawyer. I would love to hear from you and where you have cut back and what differences you have seen in your life and practice. – Wendy S. Meadows, Esq.

501(c)(3) Tax Compliance Pitfalls: Cases from the Field April 26th, 8:30am – 10:00am

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April 2022

The Advocate

Ask The Trial Doctor Feel Free To Lead The Way For Your Witness

A lawyer writes in… Dear Trial Doctor, Every time I go into court, I seem to spend a lot of time going through so much introductory or foundational testimony before I can start into the meat of the examination. By the time I get there, I feel like I am already falling behind. Is there any way I can speed up my examinations, at least on the introductory stuff? Muddling Through Dear Muddling, You have asked about an important aspect of any witness examination – pace. That is an entire topic for another day. But if you want to minimize the time you spend on preliminary matters - introducing your client, setting the scene of an automobile collision, or identifying a contract at issue in the case, don’t be afraid to lead the witness.

I know what you are thinking… The judge will never let you ask leading questions of a witness on direct. That’s MD. RULE 5-611(c). But there is an exception to the general rule. Leading questions are ordinarily not allowed on direct examination “except as may be necessary to develop the witness’s testimony.” When preliminary details of this kind are not in dispute, most judges will allow counsel to lead so as to set up the testimony. Most often, you won’t even draw an objection. And it saves time. Keep in mind that, on the testimony that matters most, even if you are allowed to lead - DON’T. By leading, you put the answer into the witness’s mouth. You then become the sponsor of the testimony which can severely undercut the witness’s credibility. On important issues, let your witness carry the heavy load. You can help out by leading on the preliminary matters and set the witness up for success. – The Trial Doctor

The Advocate

April 2022

Baltimore County Bar Association Presents

BAR WARS TRIVIA NIGHT April 5th at 5:30 PM

BARLEY'S BACKYARD

408 YORK RD. TOWSON, MD 21204

All Proceeds Benefit The Education Foundation of Baltimore County

$100 entrance fee per team Minimum of 2 players and maximum of 10 players per team ACT NOW: Maximum of 15 teams Prizes await our winners!

Registration Required Click HERE to register & pay online

April 2022

The Advocate

Baltimore County Bar Association Solo & Small Firm Committee

Lunch with Judge Dennis M. Robinson, Jr. Tuesday, April 5, 2022 | 12:30-2:00pm SPEAKERS PROGRAM CHAIR LOCATION COST REGISTRATION

The Honorable Dennis M. Robinson Sandy Steeves The Rec Room; 514 York Rd, Towson, MD 21204 BCBA Members, Free; Non-Members, Free Registration Required. Click HERE to register.

Please join other solo and small firm BCBA members for a networking lunch to socialize with one another and speak about some of the issues that solo and small firm attorneys face in their everyday practice. Judge Dennis Robinson is going to join us to meet with members of our committee and offer advice as to some of the positive traits that he sees in lawyers from his role on the bench.

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The Advocate

April 2022

THE BAR ASSOCIATIONS OF BALTIMORE CITY, BALTIMORE, CARROLL, HARFORD & HOWARD COUNTIES Family Law Committees Multi-Jurisdictional Family Law Judges Panel & Dinner: A View from the Bench Wednesday, April 6, 2022 ~ 6:00 p.m. SPEAKERS

The Honorable Michael A. DiPietro, Circuit Court for Baltimore City The Honorable Colleen Cavanaugh, Circuit Court for Baltimore County The Honorable Fred S. Hecker, Circuit Court for Carroll County The Honorable Angela M. Eaves, Circuit Court for Harford County The Honorable Mary M. Kramer, Circuit Court for Howard County

PROGRAM CHAIRS

Christine Malanga, Kerri Cohen, Barbara Green, Alice Pinderhughes, Samantha Smith, Krystle Acevedo Howard and Tracey Perrick

LOCATION

Woodholme Country Club, 300 Woodholme Avenue, Pikesville, MD 21208 (complimentary valet parking available)

COST

$65 per person. Registration includes full dinner and non-alcoholic drinks.

Join us for the 5th Annual Multi-Jurisdictional Family Law dinner. Members of the Family Law Committees from Baltimore City, Baltimore, Carroll, Harford, and Howard Counties are invited to hear the panel of distinguished judges speak about the recent decision in Breona C. v. Rodney D. What does this case mean for contempt as a meaningful tool to require compliance in child custody orders? AND Emergency and expedited hearings in family law cases. The differences between the two, how to request a hearing and the process and standards used in various jurisdictions to evaluate these requests. “It’s an Emergency! Or is it?” Specific, anonymous, questions can be sent to Kerri@CohenLegalTeam.com to be submitted to the panel.

Multi-Jurisdictional Family Law Judges Panel & Dinner – April 6, 2022 *Menu Choice: ___New York Strip Steak- Red Wine Demi ___Chicken Marsala ___Cedar Plank Salmon-Grain Mustard Sauce ___Pasta Primavera Name(s) Address Email

Telephone __City, State, Zip

Program Registration Fee Support a law clerk or first-year lawyer to attend Total Amount Enclosed

$ $ $

Click HERE to register and pay online or return this form, with a check to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. April 2022

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Baltimore County Bar Association Diversity & Inclusion Committee What Diversity Means to Me Thursday, April 7, 2022 | 5:30 pm

SPEAKERS PROGRAM CHAIR LOCATION COST REGISTRATION

Gary C. Norman, Esquire Raphael J. Santini Zoom BCBA Members, Free; Non-Members, Free Registration Required. Click HERE to register. Link emailed upon registration.

Mr. Norman will speak on the topic of “What Diversity Means to Me!” as well as Diversity & Inclusion in Law.

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April 2022

BALTIMORE COUNTY BAR ASSOCIATION Membership & Admissions Committee & Young Lawyers Committee Everything I Ever Wanted to Know About Being a Lawyer But Was Afraid to Ask Tuesday, April 12, 2022 5:00p.m- 7:00p.m. SPEAKERS

Sondra Douglas, Esq., Stein Sperling Bennett De Jong Driscoll PC Kumudha Kumarachandran, Esq., Cordell & Cordell Michael Jacko, Esq., Baltimore County Office of the Public Defender, Maryland Singleton Mathews, Esq., Client First Legal Services Rachel Mech, Esq., Offit Kurman, P.A.

MODERATOR

Alex Walsh, Esq., Baltimore County State’s Attorney’s Office; Young Lawyers Committee Vice-Chair

PROGRAM CHAIR

Laurie M. Wasserman, Esq., Law Office of Laurie M. Wasserman LLC

LOCATION

CVP, 19 W Pennsylvania Ave, Towson, MD 21204

COST

BCBA Members, Free: Non-Members, Free

REGISTRATION

Registration Required. Click HERE to register.

Law Students, Law Clerks and Young Lawyers--No judgment here! Back by popular demand, we assembled another panel of young(ish), accomplished lawyers to answer all your burning questions about becoming a lawyer and practicing law. You can submit questions anonymously or during the panel discussion. This will be informal and fun!

Happy Hour generously sponsored by: Laurie M. Wasserman, Esq.

April 2022

The Advocate

Baltimore County Bar Association Professionalism Committee

Professionalism in the Time of COVID-19 Wednesday, April 13, 2022 5:00 pm SPEAKERS

Hon. Robert McDonald, Court of Appeals of Maryland (Ret.) Hon. Michael Reed, Court of Special Appeals of Maryland Hon. Vicki Ballou-Watts, Circuit Court for Baltimore County Hon. Lawrence Daniels, Circuit Court for Baltimore County (Ret.) Hon. Dorothy Wilson, District Court of Maryland for Baltimore County Hon. Syeetah Hampton-EL, Maryland Office of Administrative Hearings Jennifer Ritter, Assistant State’s Attorney for Howard County

PROGRAM CHAIRS

Hon. Lawrence Daniels Hon. Syeetah Hampton-EL

LOCATION

Baltimore County Circuit Court, Courtroom TBD

COST

BCBA Members, Free; Non-Members, Free

REGISTRATION

Registration Required. Click HERE to register.

A discussion about the impact of COVID-19 as it relates to Professionalism across the practice of law.

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April 2022

BCBA Masks and Cufflinks Available for Purchase Masks $10

Cufflinks $25

Stop by or call the bar office to purchase yours! April 2022

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Monday, May 2, 2022

Breakfast Speaker: Hon. Matthew J. Fader, Associate Judge Court of Appeals of Maryland 7:30 a.m. | Sheraton Baltimore North | 903 Dulaney Valley Road, Towson, MD

BEFORE APRIL 15, 2022: BCBA Members: $25; Non-Members: $30; Law Students, Baltimore County Judicial Law Clerks, and First-Year Attorneys: $15 AFTER APRIL 15: BCBA Members: $30; Non-Members: $35 DEADLINE to Register is April 28, 2022.

Click HERE to register.

Noon Ceremony Speaker: Erek L. Barron, United States Attorney for the District of Maryland Circuit Court for Baltimore County | Portico & Courtyard 401 Bosley Avenue, Towson, MD

Law Day Award Recipient: Christine Malanga Judith P. Ritchey Award Recipients: Matthew Nelson and Marc DeSimone 46

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April 2022

BALTIMORE COUNTY BAR ASSOCIATION ANNUAL GOLF TOURNAMENT AND SILENT AUCTION

MONDAY, MAY 23 • 11:30AM

WOODHOLME COUNTRY CLUB 300 WOODHOLME AVENUE, PIKESVILLE, MD 21208

Registration & lunch starts at 11:30am, Shotgun start at 1:00pm Dinner & awards immediately following play $175 per Golfer; $700 per Foursome 18-Hole Tournament Format: Four-person Captain's Choice Young Lawyers' Committee silent auction, course contests, raffles, giveaways, mulligans available for purchase and beverage stations throughout the course.

All Proceeds benefit The Education Foundation of Baltimore County Public Schools

Name of Golfer Name of Golfer Name of Golfer Name of Golfer Click HERE to register and pay online To register and pay by mail, return this form to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Ave, Towson, MD 21204 with either cash, check or credit card information. Name on Credit Card_____________________________Billing Zip________ Card No._________________________________________Exp._________ Phone number________________Email______________________________ ! ble a l i t Ava cco a s p uo e shi el R or mor sor h n c o Ra Sp gf act cba.or . t n b Co ion co@ ormat c o rru inf April 2022

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Check out our YouTube channel! Follow us and receive notifications when we post a video. bit.ly/BCBAYouTube 48

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April 2022

Missing Out on Great Events Like This One?

Make sure your email address is up-to-date in the BCBA directory! April 2022

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A Debt-Relief Agency Serving all of Baltimore County for over 25 years, we represent business and personal bankruptcy— we can help you get back to normal.

The Law Offices of Nicholas J. Del Pizzo, III

Baltimore, Maryland • 410-288-5788 50

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April 2022

Baltimore County Bar Association

SAVE the DATE

Stated Meetings: 10/21/21 2/17/22 6/16/22

    

Aberdeen Ironbirds Game and Crab Feast August 21 6pm

Ravens Tailgate October 17

Holiday Party December 9

Law Day Breakfast & Noon Ceremonies May 2

April 2022

Party in the Plaza: Celebrating 100 Years of the BCBA September 23

Memorial Service Zoom November 18 3:30p.m.

BCBA Chopped

Law Clerk Orientation & BCBA Happy Hour The Pointe, Towson September 30

Young Lawyers Holiday Lunch December 2 12-2pm

Mystery Ingredient Reveal February 23; 6pm Live Results Show March 9; 6pm

Bar Wars Team Trivia Barley’s Backyard in Towson April 5

Black Tie Banquet Martin's Valley Mansion

Golf Tournament Woodholme Country Club

May 23

May 17

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Baltimore County Bar Association

Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD

100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 (T) 410-337-9103 (F) 410-823-3418 www.bcba.org

Member Advertisements OFFICE SPACE AVAILABLE CATONSVILLE

Office Space Available; 1007 Frederick Road; one to four rooms. Prime location along Frederick Road with signage. Call 410-744-3256. Office Space for Rent. 1002 Frederick Road, 2nd floor office. Private entrance, semi-private restroom, use of conference room and kitchen on first floor. Free parking. Would be a great satellite office. Please contact Lou Weinkam, Jr. at 410-744-3256, ext 103.

OWINGS MILLS Offices to rent: Share space with two solo Family Law practitioners. One or two offices available in a convenient office park off Red Run Boulevard. Includes use of conference room, kitchen, and in suite bathroom. Call Steven at 410979-8250

TOWSON Two offices to rent. We are a block from the courthouse. Use of office, telephone, copier, and fax, plus secretarial space are included. Call Frank at 410-296-6820. Nicely furnished office space with parking, half block from circuit court. Pete McDowell 410-9602536. Two to three offices within existing office space, just below 695, free parking, furnished if desired, use of telephone, copier, fax, conference room, Internet, paralegal/secretarial help available. Anne 410-337-8577 303 W. Pennsylvania Avenue, Towson across Bosley Avenue from the Circuit Court Building, three offices with bathroom on the second floor, 3rd floor four offices available, conference room, bathroom, and kitchen on first floor, free parking space available, rent negotiable $50$100 less than comparable spaces. $400-$500 per office, great satellite office with possibility of overflow work. Contact Joe Glass at 410-8234214 or

HIRING Small firm in Towson looking for an experienced, part-time legal assistant/secretary two to three days a week. Any experienced candidates should contact Robert Jacobson at 410-583-8883. Full time associate. Licensed in Federal and Maryland State court. Law Offices of Nick Del Pizzo Njdelpizzo@aol.com

Don’t forget to update your information on our website! Click here to access or go to www.bcba.org