The Advocate - December 2022

I am loath to use a sports analogy in the President’s Message; however, the recent events at my son Grason’s college – Auburn University – have touched me deeply. In a nutshell, Bryan Harsin was fired as the head football coach and replaced on an interim basis by 40-year-old Carnell “Cadillac” Williams, who had served under Harsin as the running backs coach.

Cadillac played four seasons at Auburn (2001-2004), followed by an injury-shortened NFL career, and is widely regarded as the second-best running back to have ever graced The Plains behind Bo Jackson. He had no head coaching experience at any level of football, and the SEC Conference is not exactly the best place to “give it a go” for the first time. Team morale was low, and the fan base was disappointed - all hope was gone from the program. Well, give it a go, he did. Cadillac’s four week stretch as head coach of the program may have ended with a 2-2 record, but he accomplished a lot more than that. Cadillac Williams is the first Black head coach in Auburn football history, a fact he acknowledged after the Iron Bowl loss to Alabama. His mantra to himself, his players, and the world was “to serve.” Cadillac loves Auburn, and Auburn loves him back. He left everything on the field as

a player and then as a coach. Droves of former players showed up in support. The student body rallied. Cadillac didn’t use “coach speak.” He was raw, authentic, and outside the box.

In the aftermath of the Iron Bowl loss to Alabama, we watched his bruised, battered, and bloodied players rally around their coach. They had lost, but you would not have known it. His passion, dedication, and service to his players, the university, and the world were on full and glorious display. His press conference was a tearjerker, crediting his service to his players in making him a better person, husband, and father.

I would like to think that there is a little “Cadillac” in all of us.

Indeed, there was much “Cadillac” on display at our Memorial Service on November 17th (thank you, Chair Judy Ensor and the incredible Memorial and Recognition Committee), which has evolved into a truly wonderful celebration. Likewise, there were dozens of “Cadillacs” on display at National Adoption Day. The feelings of warmth, compassion, and humanity emitting from Old Courtroom #5 were truly remarkable as we watched these kids receive their forever families. Judges Bailey and Hennegan were simply amazing. Thank you both for your service.

The BCBA is well known for its service. As the holiday season approaches, I truly hope that each of you finds the time to channel your inner Cadillac. See you around the courthouse!

- Jack Turnbull

Your 104th President of the Baltimore County Bar Association

2022-23 Officers

President John G. Turnbull III

President-Elect Lisa Y. Settles

Secretary Sondra M. Douglas

Treasurer Richard Grason VI

Executive Council

Robert K. Erdman, Jr. Tyler J. Nowicki Michelle Daugherty Siri Alaina L. Storie Mariela D’Alessio

Hon. Michael S. Barranco

Stanford G. Gann, Jr., Immediate Past President

Alexander J. Walsh, Young Lawyers Chair

Rachel M. Ruocco, Executive Director

The Advocate

Tommy Tompsett Committee Chair

Tracee Orlove Fruman Committee Vice-Chair

Jill Blum Graphic Designer

Contributing Writers

William F. Alcarese, Jr. Jill Blum Brian Cathell

Wendy S. Epstein

Hon. Syeetah Hampton-EL Raymond Hein Margaret Henn Ari J. Kodeck Bill Levasseur Ceecee Paizs Martha K. 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.

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Publication deadline: 20th of the month preceding publication.

BCBA Events

Inside This Edition

Pro Bono Awards Reception ............................................. 11

National Adoption Day 13 Civics and Law Academy .................................................. 16 Supreme Court Group Admission Trip 14 ADR and Negligence Insurance and Workers Comp Committees Present: How to Succeed in Mediation By Really Trying ................................................................ 15 Committee Reports Bench/Bar Committee ...................................................... 21 Diversity and Inclusion Committee 25 Family Law and Estates and Trust Committees ................ 26 Family Law Committee 29 Professionalism & Solo Small Firm Committees ............... 30 Civil Law Update 19 Court Notices & Calendars .................................................... 4 Expunged Records - Attorneys, Beware! 33

The President’s Message 2

December District Court State’s Attorney’s Schedule

MONDAY TUESDAY WEDNESDAY THURSDAY

Date: 1

CA2 POTTS CA5 VINES CA7 CHRISTIE

EX1 ABELL EX2 RIGER EX3 COHEN

Date: 5

TO3 DICKSON TO4 LEGALL TO5 PENDLETON

Date: 6

TO2 FISH TO3 CHRISTIE (PM ONLY) TO4 SMITH TO5 DESTEFANO/MAIESE

EX1 BORITS/SNYDMAN EX3 RIGER

Date: 7 CA2 DICKSON CA7 COHEN/YORK

EX1 LEGALL (PM ONLY) EX2 POTTS/PHILLIPS EX3 ABELL

Date: 12

TO3 SMITH TO4 ABELL TO5 RIGER

Date: 13

TO2 POTTS/SNYDMAN TO3 VINES (PM ONLY) TO4 COHEN/MAIESE TO5 LACHMAN/YORK

EX1 LEGALL EX2 DICKSON

Date: 19

TO3 DESTEFANO TO4 BORITS/YORK TO5 FISH

Date: 20 TO2 SMITH TO3 ABELL (PM ONLY) TO4 LACHMAN/MAIESE TO5 VINES

EX1 COHEN/SNYDMAN EX3 RIGER

Date: 27

TO2 COHEN TO3 [CHRISTIE]/DESTEFANO (PM ONLY) TO4 SMITH TO5 LACHMAN

EX1 POTTS/SNYDMAN EX3 ABELL/MAIESE

Date: 14

CA2 SMITH CA7 DESTEFANO/PHILLIPS

EX1 RIGER (PM ONLY) EX2 PENDLETON EX3 FISH

Date: 21

CA2 LEGALL CA7 FISH

EX1 ABELL (PM ONLY) EX2 DESTEFANO/YORK EX3 POTTS

Date: 28

CA2 FULLER/YORK CA7 VINES

EX1 DESTEFANO (PM ONLY) EX2 BORITS/PHILLIPS EX3 PENDLETON

Date: 8

CA2 LACHMAN CA5 DESTEFANO/SNYDMAN CA7 CHRISTIE

EX1 PENDLETON EX2 FISH EX3 VINES

Date: 15

CA2 ABELL CA5 DICKSON CA7 LEGALL EX1 VINES EX2 LACHMAN/SNYDMAN EX3 COHEN/YORK

Date: 22 CA2 COHEN CA5 RIGER CA7 FULLER/SNYDMAN

EX1 LACHMAN/PHILLIPS EX2 SMITH EX3 VINES

Date: 29

CA2 SMITH CA5 COHEN CA7 [CHRISTIE]/LEGALL

EX1 LACHMAN EX2 ABELL EX3 POTTS

End-of-Year Uncontested Divorce Hearings

Judge Jakubowski informed the Family Law Committee that her end-of-year uncontested divorce docket is full, and she is unable to accommodate any additional cases for December 20, 2022. Likewise, Judge Epstein had agreed to schedule virtual end-of-year uncontested hearings for cases in which attorneys are involved on December 22, 2022; these hearings will be conducted remotely via Zoom; however, this overflow is now full. However, Magistrate Polley can take cases as early as December 5th – 7th. Another magistrate docket will take place the week of December 19th. Only 20 cases total will be allowed to be set in between the two dates. Counsel must prefile a proposed Judgment of Absolute Divorce, white form, and other necessary documents (i.e., MSA, Child Support Guidelines, etc.). Counsel should contact the assignment office by calling Becky (x5501) or Krissie (x5502) to see if any time slots are still available.

– Bill Levasseur, Esq. and Martha K. White, Esq. Bar Co-Liaisons to the Baltimore County Family Division

PBRC’s Courtroom Advocacy Project (CAP) is a unique pro bono program providing day-of-court representation for tenants and consumers in Baltimore City, Baltimore County and Prince George’s County District Courts. Through their Tenant Volunteer Lawyer of the Day (TVLD) and Consumer Protection Project (CPP), CAP fills a critical need in the community for immediate legal assistance, preserving housing and reducing or eliminating unjustified debt for struggling families.

CAP offers day-of-court clinics for tenants facing eviction actions in Baltimore City and Baltimore County Rent Court. With the help of pro bono volunteers, tenants represented by PBRC prevail in 87% of the cases. Additionally, CAP offers day-of-court representation to consumers being sued for debt collection in Baltimore City and Prince George’s County. Clients represented by a PBRC volunteer or staff attorney prevail in 95% of the cases. All volunteers receive training, on-site mentorship from staff attorneys, and the time commitment ends at the conclusion of the clinic!

If interested in volunteering please register at: probonomd.org/volunteers/#pbrc or contact Amber Nestico at anestico@probonomd.org.

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CIRCUIT COURT FOR BALTIMORE COUNTY THIRD JUDICIAL CIRCUIT

Chambers of County Courts Building Wendy S. Epstein Towson, Maryland 21204 Judge

NOTICE TO THE BAR HOLIDAY VISITATION DISPUTES 2022

The Family Law Judges, Judges Finifter, Cahill, Robinson, Purpura, Ballou Watts, and Epstein, will be available to consider holiday visitation disputes from Monday, November 14, 2022 through Friday, December 16, 2022. Any disputes involving Thanksgiving visitation must be submitted no later than the close of business on Friday, November 18, 2022.

Only cases that have an ORDER in place on custody/visitation are eligible for holiday visitation dispute resolution.

To obtain intervention of the Court, contact Abigail Cohen, Family Case Manager, by email at abigail.cohen@mdcourts.gov or by calling 410 887 6575.

The following information should be provided, in writing, to Ms. Cohen, with a copy sent to opposing counsel (or party if pro se):

l. Name of the Case 2. Case Number 3. What the last order, if any, states with regard to visitation 4. Name and telephone number of attorney or party on the other side 5. What efforts (stating facts) you have made to reach an agreement with the other side

6. The specifics of what you are requesting as relief

7. The specifics of what the other side has offered, if anything

Ms. Cohen will review the file to determine the appropriate handling to include mediation or referral to a Family Law Judge. If mediation is unsuccessful, the case will then be referred to a Family Law Judge for further handling. Once you are assigned a Judge, you may contact the Judge's chambers on the next business day.

If a case has been filed along with a response but no custody Order is in place, then the parties may contact the Office of Mediation at 410 887 6570 to schedule a mediation session on the issue of holiday access.

Pro Bono Award Reception

On Wednesday, October 26th the Baltimore County Bar Association presented its annual Pro Bono Award to Alicia Lewis. The awards reception was held at Pessin Katz Law, P.A. BCBA President Jack Turnbull presented the award and spoke about the value of pro bono in the lives of pro bono clients and to the practitioner representing those clients.

Alicia was jointly nominated by the Women’s Law Center of Maryland (WLC) and Maryland Volunteer Lawyer Service (MVLS). She has never shied away from taking family law cases in Baltimore County from either organization. She has taken 49 cases from the WLC, starting in 2011. Laure Ruth, Legal Director of the Women’s Law Center said of Alicia, “She is a lawyer I know I can count on when I have a tough to place case, and she diligently represents the client for as long as it takes. She has a great understanding of challenges faced by low income Marylanders.”

From MVLS, not only has Alicia taken 11 Baltimore County cases, she has taken over 100 cases total from around the state. Makeisha Gibson, Pro Bono Program Manager said “[S]he is also a great resource to our paralegal team for legal questions when more complex cases come in. Alicia also co-hosted a family law training a few years ago here at our office for volunteer attorneys and MVLS staff. Alicia has remained an active, dependable, and giving volunteer every single

year, and is beyond deserving of any awards she may be considered for.”

The reception was a wonderful opportunity to celebrate Alicia’s work and to meet and mingle with members of the bar who share a commitment to pro bono. The Pro Bono Committee would like to invite other members of the bar to join our committee or to volunteer at our upcoming pro bono legal clinic in the spring (date TBD).

– Margaret Henn, Esq. Chair of the Pro Bono Committee

BCBA Events

National Adoption Day

On Saturday, November 19th, the Baltimore County Bar Association had the honor of being one of the major sponsors of a life-changing event for multiple families in Ceremonial Courtroom No. 5 in Towson. Speakers for this special event included our own BCBA President John Turnbull, III and the Executive Director of CASA of Baltimore County, Jennifer Stine. The formal ceremonies were led by the Honorable Sherrie R. Bailey, Emily Ryann Castleman, and Lauren Czaplinski. Photographs of the event were taken courtesy of Kimberly Dean Photography, who generously shared them with us.

– Jill Blum

BCBA Events

November 1st Supreme Court Group Admission Trip

BCBA Events

Civics and Law Academy: November 11th, 2022 at CCBC Owings Mills

Civics and Law Academy: December 2nd, 2022 at CCBC Dundalk

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A review of the Amicus Curiarum for August of 2022 revealed the following civil cases of interest:

IN THE COURT OF APPEALS:

Attorney Grievance Commission of Maryland v. Amber Lisa Maiden, Misc Docket AG No. 72, September Term 2020, filed July 28, 2022. Option by Fader, C.J.

Ms. Maiden was alleged to have violated the Maryland Attorney’s Rules of Profession Conduct by:

(1) creating a conflict of interest with a client by, without notifying him, she made herself a co-party to an administrative appeal and asserted a 50% interest in any punitive damages that her client might receive;

(2) sending that same client a twenty-page letter containing numerous antisemitic, personally insulting, profane and otherwise inappropriate comments; and

(3) false claim to Bar Counsel that she had sent the letter by mistake.

The hearing judge found by clear and convincing evidence that Ms. Maiden had committed all of the violations alleged by the Commission. The hearing judge further found clear and convincing evidence of the existence of four aggravating factors, dishonest and selfish motive, submission of a false statement during the disciplinary proceeding, refusal to acknowledge the wrongful nature of the conduct, and substantial experience in the practice of law. The hearing judge found two mitigating factors by a preponderance of the evidence: absence of a prior disciplinary record and personal or emotional problems.

The Court of Appeals concluded that Ms. Maiden’s conduct violated several of the MARPC, and based on the totality of the findings, aggravating and mitigating factors, an indefinite suspension was the appropriate sanction.

In Re: T.K., No. 60, September Term 2021, filed July 28, 2022. Opinion by Fader, C.J. with dissent by Hotten, J.

The Department of Social Services (“DSS”) filed a nonemergent petition seeking a declaration that T.K. was a child in need of assistance based on two alleged incidents of neglect by his mother. At the time of the adjudication, the alleged father’s paternity had not been established. The mother stipulated to facts constituting at least one incident of neglect. Once the father’s paternity was proven, based on his request and following a hearing at which T.K.’s mother contended he was not an able and willing parent, the juvenile court found that the father was an able and willing parent and the mother had

stipulated to at least one incident of neglect. Based on that, the court awarded the father sole legal and physical custody of T.K. with reasonable and liberal visitation to the mother. T.K.’s mother appealed.

The Court of Special Appeals affirmed, holding that the mother was not entitled to a separate best interest hearing at which she could argue that the award of custody to the father was not in T.K.’s best interest and that there was sufficient evidence in the record to support an award of custody to Father. The mother then filed a petition for writ of certiorari, which the Court granted.

The Court of Appeals reversed the order of the juvenile court vacated and remanded for further proceedings. The Court held that while a juvenile court has the discretion to award custody under the Courts and Judicial Proceedings Article, §3-819(e), the best interest of the child is the standard that applies to the court’s decision whether and, if so, how to exercise that discretion. In this case, the juvenile court erred in concluding that a hearing on the issue of the best interests of the child was not required in two respects: (1) the record at the time that custody was awarded to the father did not contain any evidence to support the court’s finding on the contested issue of the father’s willingness and ability to care for T.K.; and (2) even if the juvenile court properly found that the father was able and willing to provide the care, a hearing is still required to inform the court’s best interest analysis in this case. Further, the bare fact that a parent has been indicated for an instance of neglect does not, by itself, automatically disqualify that parent from maintaining custody.

–Ceecee Paizs, Esq.

Ceecee Paizs

Leaders in Dispute Resolution

Retired

and Lawyers Serving as Neutrals in Maryland, DC, Virginia and beyond since 1995.

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

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

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

Hon. Alexander Williams, Jr. (Ret.) Retired Judge, United States District Court

Hon. Alexander Wright, Jr. (Ret.) Retired Judge, Court of Special Appeals of Maryland

Hon. Sally D. Adkins (Ret.) Retired Judge, Court of Appeals of Maryland

James W. Barkley, Esq. Construction, Insurance Coverage and Complex Dispute Mediator

Hon. Marcus Z. Shar (Ret.) Retired Associate Judge, Circuit Court for Baltimore City

Daniel E. Toomey, Esq. Construction, Surety and General Commercial Neutral

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

Hon. Jeri K. Somers (Ret.) Retired Chief Judge, United States Civilian Board of Contract Appeals

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

Hon. Toni E. Clarke (Ret.) Retired Judge, Prince George’s County Circuit Court

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

Hon. John H. Tisdale (Ret.) Retired Judge, Frederick County Circuit Court

Morton A. Faller, Esq. Past President, Bankruptcy Bar Assoc. for the District of Maryland

Hon. Martin P. Welch (Ret.) Retired Chief Judge, Baltimore City Circuit Court

Hon. Patrick L. Woodward (Ret.) Retired Chief Judge, Court of Special Appeals of Maryland

Bench Bar Committee: November 2022

On November 10, 2022, Bench Bar Committee members held their monthly meeting. Circuit Court Administrative Judge Ruth A. Jakubowski reported that since March 2022, 459 civil matters were settled prior to jury selection, with 67 and 17 of those cases in October and November, respectively. Since March, one hundred and one (101) criminal cases were resolved prior to jury selection. Fourteen of the criminal defendant’s waived their right to a jury trial and proceeded with a bench trial on the scheduled trial date. Regarding jury trials, 79 civil jury trials have gone to verdict and 48 criminal jury trials went to verdict, with 42 of those criminal trials being manslaughter or murder charges. Judge Jakubowski stated that the Court is pushing forward aggressively to clear the jury trial backlog and that with magistrates now hearing two-day cases, the family law docket is moving efficiently, as well. She thanked the magistrates for their work in helping to clear the family law backlog.

Construction of the jury assembly room continues with an anticipated completion date of September 2023. This space will house three courtrooms, a lockup area, a judge’s area, and a jury office.

The Circuit Court Clerk’s Office reported that the second floor of the clerk’s office is undergoing renovations during business hours. The main hallway to the customer service windows is divided, although the windows remain open. Renovations to the public area are expected to be completed by the end of November, after which workspace area renovations will begin. Clerk of Court, the Honorable Julie Ensor, is excited about the upgrades.

The Orphan’s Court, not to be outdone or outdated, reported that renovations to their space will begin in December. The Court will install directional postings for parties and counsel to find the correct courtroom. Construction should be completed by the end of December. Stephanie Medina, the new State Court Administrator, briefly addressed the Committee to let them know that her office was working to fill vacant positions in her office. Magistrate Dilip Paliath asked attorneys to let his office know as soon as possible if matters have been resolved so that the magistrates can ensure that their calendars stay full. Interviews for PPL and the Family Support Program have occurred.

The Honorable Dorothy J. Wilson, District Court Administrative Judge, reported that her executive assistant, Sharon Reed, has been promoted to serve with

Chief Judge Morrissey. Judge Wilson is working to find a replacement for Ms. Reed. In addition, Judge Wilson noted that the jury trial prayer limit has increased from $15,000 to $25,000. District Court Administrator, Maria Fields, told the Committee that her office continues working to fill vacancies and is close to being fully staffed. All new hires are currently being trained.

President Jack Turnbull delivered the Executive Council report. He informed the Committee that November and December are very busy months for the Court and Bar – with November 19th as National Adoption Day and November 29th as Judge Murphy’s memorial service and portrait unveiling. President Turnbull reminded the Committee that the bar office is open and BCBA members should use it – coffee and other refreshments are available. Finally, President Turnbull encouraged bar members to attend the Supreme Court investiture ceremony in the future if they have not yet done so. He described his recent experience there as rewarding –

Committee Reports

Bench

Bar

Committee: November 2022 (continued)

particularly when Chief Justice Roberts addressed him personally.

Public Defender representative Jessica Bancroft and Baltimore County Office of Law representative Greg Gaskins informed the Committee that their offices have several attorney vacancies for which they are seeking applicants.

Family Law liaison, Kerri Cohen, brought to the Committee’s attention a very busy fall and winter for the family law bar. Ms. Cohen described a successful “E&T Brown Bag” event with over 50 participants and a wellattended family law dinner at Bluestone the evening before the Committee’s meeting. Finally, the family law committee is planning a QDRO seminar in January.

On behalf of the Young Lawyers, Alex Walsh notified the committee of a young lawyers holiday lunch on December 9th and an upcoming chamber’s chat on December 14th.

On behalf of the Portrait Committee, Harry Chase reiterated that Judge Murphy’s portrait will be unveiled on November 29th, as stated above. Mr. Chase also informed the Committee that Baltimore City hopes to transition to MDEC by December 2023.

For the Diversity and Inclusion Committee, the Honorable Syeetah Hampton-El stated that her committee had recently met to plan several programs – one educating law firms on how to create diversity and inclusion committees. In addition, summer scholar interviews will begin in January. The next meeting of the Bench Bar Committee is scheduled for December 8th at 8 am. If anyone has an issue to bring to the Committee, please speak with an at-large member, who can be found on the Bar website and app.

– Brian Cathell, Esq.

Diversity and Inclusion Committee

From October 23 through October 27, 2022, the National Association of Administrative Law Judiciary (NAALJ) held its annual conference in Albuquerque, New Mexico. This year the theme was “Improving Diversity, Equity, and Inclusion in Administrative Law.” As a conference committee member, I organized and served as a panelist on the panel entitled “Diversity and Judicial Hiring.” The other panelists included several federal and state administrative law judges and two professors from the University of New Mexico School of Law. The panel focused on the following topics: defining diversity, ALJ hiring, appropriate words to use when describing candidates, The CROWN Act, ways to attract a diverse candidate pool, and the two pending U.S. Supreme Court affirmative action cases.

Everyone agreed that diversity includes race, gender, and sexual orientation, but also includes location and legal experience. Because ALJs preside over a wide variety of hearings covering one or more subject matters and frequently travel between multiple locations, it is important to have judges from various locations and legal backgrounds. To attract a diverse candidate pool, administrative agencies must advertise in multiple locations, such as through the state bar and the local and specialty bar associations. For example, the Maryland Office of Administrative Hearings advertises on the State of Maryland jobs website and shares the job announcement with multiple local and specialty bar associations. This method of advertisement is also followed in the State of Florida.

In 2020, Maryland joined other states and passed the CROWN Act. CROWN stands for Creating a Respectful and Open World for Natural Hair. The CROWN Act was created in 2019 by Dove to put an end to hair discrimination and was first passed in California. Lastly, the panel discussed the two pending U.S. Supreme Court cases: Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. President and Fellows of

Harvard College, focused on affirmative action. Although these cases focused on admission standards, the panel agreed with presenter Professor Vinay Harpalani of the University of New Mexico School of Law that the decision in these cases would likely impact the pipeline of diverse candidates attending law school and, ultimately, the pool of judicial candidates.

Professor Harpalani and Dean Alfred Mathewson, former Dean of the University of New Mexico School of Law, agreed that NAALJ and other entities must remain committed to attracting a diverse candidate pool. The panel concurred that discussions focused on diversity and inclusion are important but must be followed by action, including the suggestions identified during the panel discussion. Similarly, the BCBA Diversity & Inclusion Committee remains committed to both courageous conversations and taking action to improve diversity and inclusion within the legal community.

– Hon. Syeetah Hampton-EL

Family Law and Estates and Trusts Committees: Where Estate and Trusts Meet Family Law

On November 3, 2022, Baltimore County Bar Association members (and non-members too!) were treated to an amazing brown bag lunch hosted by the Family Law and Estate and Trusts Committees. Moderated by Kerri Cohen, Esq., a distinguished panel consisting of attorneys Marie-Yves Nadine Jean Baptiste, Cheryl Jones, and Richard Abraham spoke on the intricacies of advising clients on assets during a divorce. Quietly, and often very intertwined, estate and trust law, as well as tax law play crucial roles when advising a divorce client.

Cheryl Jones, Esq. with PK Law Wealth Preservation Group provided information on prenuptial and postnuptial agreements and how they affect estate planning. These documents are extremely useful to cover alimony and the creation and division of marital property and expectations upon death. These documents truly come into play when you have a client in a blended family. This typically encompasses children of any age

from a previous marriage. Spouses want to provide for those children from the previous relationship and provide for them upon death. Another example involves childless couples. Upon death, what becomes of a spouse’s (or partner’s) assets? If that person wants to leave assets to their family or protect an ongoing business, a nuptial agreement is a good vehicle for that purpose.

To withstand judicial scrutiny, these agreements must be reviewed or have the opportunity for review by independent legal counsel for each party. Additionally, the parties must make full disclosure of all financial assets, including any potential future inheritances. As applicable to any contract, undue duress, unconscionability, and consideration are key factors. Ms. Jones advised that changes to the agreement need mutual consent/ agreement. Do not forget that changes may require a reevaluation of consideration.

Finally, nuptial agreements may be created to govern estate planning. If one spouse wants the other spouse to give up their entitled spousal share, this must be negotiated, and adequate consideration must be given. This can occur by providing the other spouse a guaranteed property settlement.

Regardless of how you choose to advise your client, the conversation will be intricate and possibly difficult. Spouses can hope that love and trust will guide the surviving spouse and although hope springs eternal, as practitioners, ethically we need to advise them of the potential issue. Whether through a nuptial agreement, a marital trust, or a marital settlement agreement, the client should be advised of their options.

Richard Abraham, Esq. of Abraham and Bauer, LLC spoke to equitable adoptions. Explaining that this is a “legal fiction” because ordinarily an adoption is a formal court proceeding, this came about to prevent a “sort of” adopted individual from being disinherited. Typically, an equitable adoption occurs when a child lives with a couple, and they treat the child as if they were a birth child. An agreement between the birth parents and adoptive parents can provide for the child. The agreement can limit the birth parents’ ability to seek assets from the adoptive parents should the child predecease them. Because the child is not formally adopted, the child is subject to the inheritance tax.

The last panelist, but certainly not the least, MarieYves Jean Baptiste, Esq. of the Saint Yves Law Firm spoke about marital settlement agreements (MSA). As family law practitioners, we are intimately familiar with these agreements. What happens when the agreement’s

ink is still fresh, the parties’ divorce is not finalized, or obligations under the agreement remain open? Is there a likelihood the MSA will be open to negotiations before divorce filing?

The takeaway and short answer: upon the death of the spouse, the Orphans Court will not care what is marital property. This court has jurisdiction to determine the validity of the MSA, the extent of a family allowance and elected share. A spouse can waive the right to the other spouse’s estate, but it must be a valid waiver. If your client decides to waive their elected share or family allowance, the property promised them in the MSA will turn the surviving spouse into a creditor of the estate. Advise your client (the creditor) to file their claim immediately as they only have six months to file it from the date that notice is published of the decedent’s death.

Another takeaway: If a spouse obtains a divorce without amending an estate plan, the divorce revokes bequests and will instructions, if not changed. We must make sure to instruct our clients to redesignate and update any estate plans after a divorce.

Although presented as a brown bag lunch, this topic could easily take an entire semester of law school to teach. We were lucky to get an in depth primer.

Link to the zoom recording: https://us02web.zoom.us/rec/share/ JsH0TZ7C6dahOkC252X2x2YL7VftrFqUreRAMrYjvR5b_ huWsqXoIJZRNkXYgCN.8_tyeWdAEksRGszt Passcode: qJ#W%0Hv

– Ari J. Kodeck, Esq

Family Law Committee: Preventing the Manipulation of Income in Family Law Cases.

On November 9, 2022, the Family Law Committee hosted a dinner at Bluestone Restaurant, where Richard Wolf, Esq. of Gross Mendelsohn, gave an informative presentation titled “Preventing the Manipulation of Income in Family Law Cases.” The event was very well attended, and in addition to family law practitioners, we were pleased to have a number of judges and magistrates in attendance, as well.

During his presentation, Richard covered the definition of income, the manipulation of income, ordinary and necessary expenses, pass-through entities, and compensation in valuations. Richard highlighted how an employee can manipulate their income. Two examples are deferring bonuses or raises until after a divorce or failing to report a “side hustle.” Likewise, business owners can also manipulate their income by, for instance, allowing clients to defer payments or accelerating or incurring unnecessary expenses, among other strategies. Richard also provided scenarios in which he could illustrate the ways in which individuals attempt to manipulate their income, as well as how one can identify it.

The concept of identifying the manipulation of income is a complex one, but Richard provided a thumbnail sketch for the attendees. Thank you, Richard, for taking the time to educate our family law practitioners on this topic!

–

Martha White, Esq.

Committee Reports

Professionalism and the Solo Small Firm Committees: Grievance Averted: Professionalism Tips from Bar Counsel and the Bench

On November 10, 2022, the BCBA Professionalism Committee and the Solo & Small Firm Committee presented the program “Grievance Averted: Professionalism Tips from Bar Counsel and the Bench” at Barley’s Backyard Uptown in Towson. The BCBA and the hosting committees thank Minnesota Lawyers Mutual Insurance Company for sponsoring this event. Kiernan Waters, the Maryland Sales Director for Minnesota Lawyers Mutual, represented the company at the program.

Professional Committee member Raymond Hein moderated the program, which featured the following outstanding panelists:

• Hon. Keith Truffer, Circuit Court for Baltimore County

• Hon. Lisa Phelps, District Court of Maryland for Baltimore County

• Erin Risch, Deputy Bar Counsel, Attorney Grievance Commission of Maryland

• Brittany Strickland, Assistant Bar Counsel, Attorney Grievance Commission of Maryland.

The program opened with Ms. Risch providing statistical data from the Attorney Grievance Commission’s most recent Annual Report concerning the nature of complaints most frequently received by the Office of Bar Counsel. Consistent with data from previous years, client complaints commonly involved communication failures, often going hand in hand with a lack of diligence in handling the client’s legal matter and failure to provide competent representation. Ms. Risch and Ms. Strickland discussed a few recent disciplinary decisions of the Court of Appeals in which attorneys were found to have violated, in one or more client matters, the Rules of Professional Conduct requiring competence, diligence, and appropriate communication to keep clients informed. These core requirements for representing clients were discussed as the foundational building blocks for professionalism in the practice of law.

Ms. Risch and Ms. Strickland discussed other forms of professional misconduct that reflect adversely on the legal profession, including lack of candor to tribunals, abuse of legal process, and failure to appear at a client’s court hearing. In addition, Ms. Strickland presented a summary of a disciplinary case involving an attorney’s sending

of correspondence to a client containing offensive and demeaning statements manifesting a bias or prejudice toward the client based on antisemitism. These examples of misconduct were used to illustrate unprofessional behavior creating the occasional necessity for disciplinary actions against attorneys who fail to maintain expected standards of professionalism.

Judge Truffer and Judge Phelps then offered their judicial perspectives about professionalism in handling litigation and appearing in the courtroom. Both emphasized the importance of punctuality, being prepared, and being respectful of opposing counsel and parties as cornerstones of professionalism. Judge Truffer first spoke about the benefits of professional courtesy. For example, Judge Truffer highlighted the importance of stipulating to exhibits in advance of trial to make things easier for the judge and courtroom staff when evidence is presented. Judge Phelps then spoke about her pre-judicial experiences training new prosecutors in the State’s Attorney’s Office, including her counseling of these attorneys to be aware of how participants in a case, be they clients, victims, or

witnesses, may perceive excessively friendly interactions between attorneys inside and outside the courtroom. Striking a balance between being cordial but not overly familiar with opposing counsel was dissected. Judge Phelps addressed the importance of attorneys being respectful of pro se litigants who may be unfamiliar with courtroom procedures and evidentiary requirements. The judges also spoke about the impact of the COVID-19 pandemic on how some attorneys became more casual about personal appearance when appearing remotely but need to remember that appearances before a court, whether in person or remote, require appropriate professional attire and decorum.

The program was attended by a mix of law clerks, young lawyers, and seasoned attorneys, some of whom shared personal experiences relating to professionalism issues. Each panelist offered concluding thoughts and conveyed the theme that adherence to high standards of professionalism not only helps to avert potential grievance but also serves as the foundation for effective lawyering.

– Raymond Hein, Esq.

Expungement is a process that permits a citizen to ask the court to remove certain court and police records from public view. Many benefits exist for individuals to have unfavorable records removed from the public view, such as employment, housing, and other societal advancements.

Attorneys should be cautious in dealing with expunged records. In the context of criminal matters, this seems like common knowledge. However, it may not be such common knowledge in other practice areas.

Hypothetical: During a marriage, one spouse commits domestic violence against the other spouse. The offending spouse was charged with assault and received probation before judgment for the assault. In due time, the criminal matter is expunged. Can the victim use the now-expunged records from the criminal case in a subsequent child custody case?

Md. Code Ann., Crim. Proc. § 10-108 states, in relevant part, (a) A person may not open or review an expunged record or disclose to another person any information from that record without a court order from: (1) the court that ordered the record expunged; or (2) the District Court

that has venue in the case of a police record expunged under § 10-103 of this subtitle.

If the record is expunged, a party, and more importantly, the attorney representing that party, should not attempt to use any part of the record in any judicial proceeding, such as a child custody matter. However, just because the records are expunged, it does not erase the events that transpired between the parties. Therefore, one should expect that factual testimony about the transgressions may be presented.

Md. Code Ann., Crim. Proc. § 10-108(b) also outlines the process to obtain an order to open or review an expunged record or the disclosure of information from that record. This may occur after notice to the person whom the record concerns, a hearing, and the showing of good cause.

Violating this statute will subject an individual to fines and penalties, see Md. Code Ann., Crim. Proc. § 10108(d). More importantly though, it may subject an attorney to a disciplinary matter for misconduct, see Md. Rule 19-308.4.

– William F. Alcarese, Jr., Esq.

The Speakers will discuss the Handgun Qualification License (HQL) process and factors which prohibit someone from possessing a firearm, as well as the changes to the handgun permit process and the recent ban on ghost guns. They will also discuss the impact of the Supreme Court's opinion in the Bruen case on Maryland gun laws, and will discuss generally how all of the changes in the gun laws affect the prosecution and defense of such cases in a practical setting.

Baltimore County Bar Association

5, 6pm Baseball, Crab Feast & Fireworks

1, all day Supreme Court Group Admission Trip 11, 8:30am Civics & Law Academy 12, Safe Alternative Flag Football Fundraiser 17, 3:30pm Memorial Service 19, 10am National Adoption Day

16, 4:30pm Stated Meeting

TBD, Sponsor Breakfast

13, 5:30pm Bar Year Kick off Party

2, 9am Ravens Tailgate 18, 5:30pm Bar Wars 20, 4:30pm Stated Meeting Courtroom

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TBD 26, 5:30pm Pro Bono Awards and Reception

2, 8:30am Civics & Law Academy 8, 6pm Annual Holiday Party @ Towson Tavern 9, 12pm Young Lawyers Holiday Lunch and Toy Drive

26, 5:30pm Black Tie Banquet TBD, Swearing In Ceremony

2, 5:30pm Bar Wars 23, 6pm Chopped Cooking Competition 29, Chopped Online Voting Begins

7 10 MSBA Bar Conference in OC 15, 4:30pm Stated Meeting Save the Date   

6, 5:30pm Chopped Live Results Show

Baltimore County Bar Association

100 County Courts Building 401 Bosley Avenue

Towson, MD 21204-4491

(T) 410-337-9103

(F) 410-823-3418 www.bcba.org