THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXIV, NO. 9
April 2015
PRESIDENT’S MESSAGE by T. Wray McCurdy Wholly unrealistic The US economy is full of isolated stories of success. As recent law school grads know well, the job market is one that forces the employment seeker to be creative in their job search. If a job seeker does what everyone else is doing in their search, they will get the results everyone else is getting, either good or bad. Most attorneys are individualistic at their core, so thinking outside of the box in a job search should be second nature to them. When beginning the search process, remember some basic rules of engagement to keep your focus, sanity and self esteem intact through the rather introspective and sometimes degrading process of job searching. Wholly unrealistic jobs are just that. Unrealistic. A relative of mine got a job at Twitter. I took the tour of Twitter in San Francisco across from Fillmore West. The micro brews at the food court, the liquor bar, the five-star guest chefs, the rooftop astro-turf play area for families over a fabulous lunch (see photo), the unlimited vacation days. They are all there for those who are hired. The salary, stock options and bonus payouts are pretty impressive for a young person, and tough to spend without saving some, as there are only so many hours in a day. I am certain the Covington and Burling attorney
positions are similar in compensation (without the booze and the chef) and locally, Piper Rudnick is, as well. I recall when sitting for the Florida Bar two years ago, sharing a table with a young associate at King & Spaulding who, as a first-year associate, his sole job for the first two years was to travel the country and take bar exams. He had sat for Georgia, California and New York/New Jersey (there is a way you can sit for both NY and NJ at the same time). Before we all drive to BMW dealership and sign on the line thinking these dream jobs are all ours, let’s do the numbers. For every advertised opening at Twitter there are 263 qualified applicants. More apply, but the system for a variety of reasons rejects the applicant preliminarily. There are four phone interviews before a person is flown to San Francisco for an in-person interview. I suspect the major multistate law firms have similar numbers as well. The rebuttal to this point is simply that while unrealistic jobs are just that, someone does get hired at these dream jobs. For every one hired there are hundreds who are not. The reasons people aren’t hired are probably as unrealistic as the jobs themselves, although the decision on Continued on page 2
Tucker & Meltzer THE ADVOCATE
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Inside This Edition April Registrations
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ABA House of Delegates Banquet Photos Bar Staff Messages Bull & Oyster Roast Calendar of Events Civil Law Update Classified Ads CLE @ UB Law Committee Reports Court Notices County Council Update Criminal Law Update Family Law Tech Dinner Historical Perspectives Land Recs E-Recording Law Day Ceremonies Lawyers Assistance Member News Website 101 YL Lunch & Learn
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PRESIDENT’S MESSAGE Continued from page 2 applying for these jobs should be based on an assessment of how much rejection can one person take. Were you the crease attackman on your varsity lacrosse team in high school? Did everyone cheer for you? Or were you a nerd who got turned down by a half a dozen prospective prom dates? In my opinion the latter is far more suited to run this gauntlet then the former. It’s not that the two aren’t equally qualified for the position, it’s just that when the inevitable rejection comes (some firms are so callous they don’t bother to send a rejection letter, you just stop hearing from them) how does the prospective young attorney handle it? The ability to pick ones self up quickly and move on to the next good idea and not dwell on the disappointments is key. New grads must be willing to reinvent themselves, often more than once in the same day. While its true that modern law practice requires an attorney to focus on one area of law over the others in an effort to master one area to the exclusion of others, new grads who are job searching should not be excluding all other areas of law to focus on one narrow field in which to apply for positions. That is not to say you should apply in fields of practice where you have some experience and have a decided aversion to it. If after an internship or clerkship you decided you did not like criminal law at all, then do not apply for positions that are in that field of practice. An attorney who enjoys what she does makes for a more effective lawyer than the one who is miserable, the misery shines through their work and makes every one around them miserable as well. Do not however, exclude any practice area you have not yet experienced from your job search. Let the interview and recruitment process weed out those who aren’t really interested. If you don’t know exactly what admiralty law is; but the firm is nearby, send your resume and see what happens, just because it wasn’t what you had in mind when you decided to go to law school in 11th grade doesn’t mean you should reject it off hand. Resign your self to the fact it’s going to take longer to get the position you want so make extra time for it. Part of out of the box thinking is that the time clock of when the job you want is going to come must be thrown out of the window. First get Sallie Mae off of your back. Read the regulations about student loan repayment (you should be your first client) and get a hardship deferment so the nasty grams concerning repayment stop or never start in the first place. Explain to them they have a better shot of getting their money if you are allowed to focus on getting a job as opposed to sitting on hold to talk to them. Do not ignore them; simply respond to their first inquiry by making the extension request. Also focus on practice fields that reduce
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or forgive student loans. When evaluating positions to apply for, remember to factor in loan forgiveness as additional compensation. The job that pays 30k that wipes out 20k of debt is a better deal than the job that pays 45k. Don’t be afraid to get a bridge job outside of law to make ends meet while you are still looking. There is no shame in taking a position in construction, retail, or service industries, while you continue to beat the bushes for a career job in law. Take the civil service exams in fields you may be interested in. http://www.federaljobs.net/ agency_testing.htm. Testing should not stop there. Take other states civil service exams as well. Consider sitting for a bar exam in another state, if financially feasible. For new admittees, bar exams are cheap, you have less baggage so the background checks is easy, and it allows you to apply for positions in other states. If you have done all of the other things I have said and still don’t have your dream law job, then maybe you can hang out a shingle if properly mentored. Just because another seasoned attorney cant afford to hire doesn’t mean she wouldn’t assist you in getting started. You will find that most attorneys don’t mind answering questions from young attorneys; in fact they enjoy being called upon to share knowledge. Most CLE programs are geared towards all levels of practice and experience, including no experience at all. Bar associations allow new admittees reduced or free membership, BCBA membership is free and the cle programs are free to members so it costs nothing for new admittees to learn about practice areas they want to be involved in. After you have tried a case or two, join lawyer referral and accept referrals in areas you want to practice in. It will expose you to other members of the bar who practice in the area, allowing you to network and build a client base at the same time. Hopefully this piece will offer some advice and encouragement to those who are striking out as newly minted lawyers, and if taken to heart my only hope is that some portion of it resonates with them and they find success as a result. Remember that success in practice is not solely monetary, it is more a measure of true happiness; are you passionate about what you are doing, whatever it may be? If you are passionate, then the satisfaction from that passion is true happiness, the enjoyment of ones labors. If you enjoy your work its all downhill from there. Go home at thinking “I can’t believe they pay me to do this” and you are truly blessed.
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T. Wray April 2015
C ALENDAR
2014-15 Officers President Pres-Elect Secretary Treasurer
T. Wray McCurdy Vicki Ballou -Watts Robert J. Thompson Adam T. Sampson
Executive Council Keith R. Truffer Rebecca A. Fleming Michael W. Siri Jay D. Miller Stanford G. Gann Jr. John G. Turnbull III Philip N. Tirabassi , Immediate Past President Catherine A. Dickinson, YL Chair
The Advocate Laurie Wasserman, Committee Chair Doris D. Barnes Thomas S. Basham Associate Editors
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.
E VENTS
April 2015 1 2 2 8 8 9 9 10 14 14 21 21 21 22 22 23 26 28 29
Family Law Evening Series: Trying a Custody Case, 5-6:30 pm LRIS: How to Grow and Maintain Your Practice, 12 noon Solo & Small Firm Lunch - West Side, 12 Noon, Double T Diner CLE: How to Deal with Pitbull Attorneys, 4:30 p.m. Lawyer in the Lobby w/Volunteer Attorneys, 4:30 - 6:30 p.m. Bench/Bar Committee Meeting, 8 a.m., 4th Floor Judicial Conf. Room Wines Around the World Fundraiser, 6:30-9:30 p.m., NDP Solo & Small Firm Lunch - East Side, 12:30 p.m., Uncle Eddie’s Executive Council Meeting, 8 a.m., Judicial Conference Room 363 Professionalism Committee Meeting, 5:15 p.m., Proctor & McKee Solo & Small Firm Lunch - Towson, 12 noon, 7 West Bistro Grille Pro Bono Committee Meeting, 4:30 p.m., Levin & Gann ADR: Senior Mediation, 5-6:30 p.m. Solo & Small Firm Lunch - Northwest, 12 noon, Harryman House State, Local Laws & Zoning: Title, Time, Country Club of MD Estates & Trusts: Orphan’s Court Best Practices, 5 p.m., CCMd The Originalist at Arena Stage at the Mead Center for American Theater Family Law JOINT Dinner w/Baltimore City, 6 p.m., HV Wyndham Family Law Brown Bag Lunch: 12 noon,
May 2015
Contributing Writers Catherine A. Dickinson Sondra M. Douglas Jason S. Garber Jonathan M. Herbst Robert C. Lidston Margaret M. McKee Cecilia B. Paizs G. Darrell Russell Laurie Wasserman Catherine F. Woods
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Law Day Breakfast, 7:30 a.m., Martin’s Valley Mansion, Cranbrook Law Day Ceremonies, 12 noon, Patriot Plaza, Towson Family Law Evening Series: How to Try or Defend an Attorney’s Fees Argument in a Family Law Case, 5-6:30 p.m. CLE: Judge Murphy on Evidence, 8 a.m. Solo & Small Firm Lunch - West Side, 12 Noon, Double T Diner NIWC: Wrongful Death 2015, 4:30 p.m. Solo & Small Firm Lunch - East Side, 12:30 p.m., Uncle Eddie’s Executive Council Meeting, 8 a.m. Professionalism Committee Meeting, 5:15 p.m., Proctor & McKee Lawyer in the Lobby w/Volunteer Attorneys, 4:30 - 6:30 p.m. Bench/Bar Committee Meeting, 8 a.m. Estates & Trusts Program, 5 p.m. ADR: Title, 12 noon, Hosted by BABC Solo & Small Firm Lunch - Towson, 12 noon, 7 West Bistro Grille Pro Bono Committee Meeting, 4:30 p.m., Levin & Gann Criminal Law: Title, Time Family Law: Annual Forum & Happy Hour, 4:30 p.m. COURTS & BAR OFFICE CLOSED—Memorial Day Solo & Small Firm Lunch - Northwest, 12 noon, Harryman House
Publication deadline: 5th of the month preceding publication.
☺ Location is on the flyer included in this issue
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April 2015
Notice to Counsel Regarding Criminal Docket in the Circuit Court for Baltimore County Hon. Kathleen Gallogly Cox, Circuit and County Administrative Judge Hon. Robert E. Cahill, Jr., Criminal Case Coordinating Judge
This Notice is intended to address scheduling of arraignments, requests to discharge counsel, and motions pending in criminal cases in the Circuit Court for Baltimore County, effective March 1, 2015. It may be modified or supplemented from time-to-time in the future. Arraignments: Commencing on March 1, 2015, arraignments in felony cases where the defendant is not incarcerated will be scheduled on an Administrative Criminal Docket that will be scheduled on Monday each week. The arraignment for any defendant who is incarcerated will continue to be held with the video bail reviews. Once the defendant is arraigned, he/she will be given notice to appear at a follow up Arraignment/Status Hearing that will be held on the Administrative Criminal Docket in four weeks. If counsel enters an appearance on behalf of the defendant in advance of the Arraignment/Status Hearing, the hearing will be vacated and there is no need to appear. At the subsequent Arraignment/Status Hearing, the Court will review the efforts of the defendant to employ counsel. The court will also determine whether any change should be made to the trial schedule. If the defendant states an intent to proceed without counsel, an initial waiver of counsel hearing will be conducted. The State will then be required to provide discovery directly to the defendant. If the defendant states he/she still intends either to retain counsel, or to apply for services through the Office of the Public Defender, the matter will be re-set for another Arraignment/Status Hearing in four weeks. If the State seeks not to provide discovery to the defendant directly, the State shall file a Motion to Extend Time to Provide Discovery at the arraignment hearing, along with a proposed Order that extends the time for discovery to the date set for the follow-up Arraignment/Status Hearing. Requests to Discharge Counsel: Any motion or correspondence that can be liberally construed to be either a request to discharge counsel or an indication of dissatisfaction with the services of present counsel shall be set promptly for hearing to conduct an appropriate inquiry pursuant to Maryland Rule 4-215(e). If the motion or correspondence is filed sufficiently in advance of any scheduled trial date, the hearing shall be set on the Administrative Criminal Docket whenever possible. If the matter cannot be set on the Administrative Criminal Docket, it shall be scheduled as a collateral matter before the Postponement Judge. Requests to discharge counsel made on the date of any hearing or trial shall be referred to the Postponement Judge for consideration, except in cases that are specially assigned. The Postponement Judge will conduct an inquiry pursuant to Maryland Rule 4-215(e), and also rule upon any related request for postponement. Motions: Mandatory motions in criminal cases are required to be filed within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the court, except when discovery discloses the basis for the motion, in which case motions are to be filed within five days after the discovery is furnished, pursuant to Maryland Rule 4-252. While non-mandatory motions may be filed at any time, whenever possible they should be filed in advance of trial. Counsel are strongly encouraged to litigate motions in advance of the trial date to avoid unnecessary delays in jury selection, thereby potentially lengthening the time required for juror service. When a motions date is set in advance of the trial date, it will be scheduled on the docket at 1:30 p.m. starting on March 1, 2015. A motions date should not be requested unless counsel believes there are motions to be litigated. If a motions date is set and no written motion is filed, the hearing will be canceled.
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April 2015
LAND RECORDS: E-RECORDING PROJECT UPDATE by Barbara Hansman, Project Manager, AOC, Judicial Information Systems
The e-recording pilot system for Baltimore County is in the final phases of testing. The vendor (Simplifile) is finishing up some reports and staff have started on the training, as well as helping with testing. Initially, the system will accept the more simple and popular document types, such as deeds and deeds of trust/mortgages, releases, assignments and similar. Then we can move on to add more types at a later time. The system has a built-in electronic workflow that moves the document through the normal paper process, but electronically. When a title industry person submits or uploads a document to be recorded, the Simplifile software does some minor review then pushes it to the Baltimore County Finance Office. The Finance Office does their normal review, and involves SDAT if needed, then upon acceptance and payment of related taxes and fees (via ACH), pushes the document to the Clerk’s Office to be recorded. The Clerk’s Office does their normal review, accepts the document, gets the book/page numbers assigned, and does a human verification of the document and index data. The verified documents make their way to the Archives to be uploaded into www.mdlandrec.net. There are other bells and whistles, such as a rejection process, the ACH transfer, electronic stamps, etc., so we would like to invite you to a demonstration of this test system to gather your feedback and input. The demonstration will be at the Baltimore County Circuit Court, County Courts Building in Towson, on Wednesday, April 8th at 10 am. Please contact me at the email below by Friday, April 3rd, if you’d like to attend. Feedback from other groups earlier this year helped us design and develop the system. One strong objection was to an early thought that the electronic books would be separate and start at book 1, page 1. We have been able to accomplish the request to integrate the paper and electronic documents by using a dual numbering system that feeds both types of input. Below is an email distributed a few weeks ago to the Maryland State Bar Association, Maryland Land Title Association and Circuit Court Clerks. Per the request of the State Bar, Commercial Property and Real Property, we’ve been working hard to integrate the electronic books with the paper books for book/page numbering. We are very close to a system module that automates the numbering by using tools to see what document is next in line from either source, grab it, and number it. It’s a complicated workflow, in that paper documents have to be scanned first, then they get numbered; we did it this way to avoid re-work issues, such as wasted numbers, etc. This means that the actual original paper documents don’t get a number on them, but of course they are numbered in www.mdlandrec.net. I have asked several members of the MLTA if they thought this would be an issue and the response was that they preferred if the pages got numbered, but having the integrated paper/electronic books/ pages is much more preferred. This approach actually mimics the electronic process, too, because the original paper document gets scanned at the title company’s office and is uploaded for processing and numbering in the system. So neither original gets a book/page physically on them. Of course, those who need the book/page can always look up on the www.mdlandrec.net site. Just a few weeks ago, I attended an MLTA Board meeting and after some discussion, the consensus was that the book/page is not needed on the original, as long as it’s available in www.mdlandrec.net. One suggestion was to see if we could get the documents uploaded into www.mdlandrec.net quicker, and I’m checking on how this can be done. I want to get an idea of how the Bar feels about this. Let me know what you think. Thanks, Barbara Hansman, Project Manager, Special Projects – Non-Case Applications,Administrative Office of the Courts, Judicial Information Systems, 2661 Riva Road – Suite 900, Annapolis, MD 21401; 410-260-1087 desk; 410-353-0113 cell; 410-974-7170 fax; barbara.hansman@mdcourts.gov.
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April 2015
Message from the Executive Director … We are very excited to introduce the latest format of The Advocate, and hope you are happy with the improvements. Everyone seems to be familiar with online “flipbooks,” which are easy to navigate, print, share articles on social media (like FaceBook, Twitter and InstaGram), and it will include links that take you to websites, program/event registrations, as well as Signature Sponsors and advertisers. As with anything new, it will take a little getting used to, but we think it is definitely worth the time. You will continue to receive the weekly emails for events (on Tuesdays) and The Week Ahead … (on Fridays), as well as a monthly notice when The Advocate has been posted. Let us know what you think of the new format, thanks.
Doris Barnes Message regarding Lawyer Referral & Information Service …
April 2, 2015, 12 p.m., How to Grow and Maintain Your Practice Using Lawyer Referral, Mezzanine 08, County Courts Building, Towson. Come hear success stories, and why this really works!
April 28, 2015, 3 p.m., LRIS Committee Meeting. All Panel Attorneys are encouraged to attend and provide input. Mezzanine 08, County Courts Building, Towson.
May 15, 2015 - 2015-16 LRIS Panel Registration Forms will be available in the Bar Office, and online. The current year ends June 30, 2014 and you must renew in order to remain on Lawyer Referral Panels.
Rachel Ruocco Message regarding Membership … Annual Dues Invoices were first mailed in November 2014. For those who have not yet renewed, a second notice was sent out during the week of March 9th, which includes a $15 administrative fee. If you have not received your invoice, please call 410-337-9103 or email Maxine@bcba.org to confirm your mailing address, email, etc. Thank you.
Maxine Morrow
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April 2015
Signature Sponsors
LAWYER IN THE LOBBY CLINIC
The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This singletier program provides more engagement between our sponsors and our members. Each Signature Sponsor will host one of teb signature events held throughout the year, thereby reducing the cost of the event for members, and many other added benefits. Sponsorships help the Bar Association maintain its current dues level, despite the increasing costs of providing top-shelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Doris Barnes (doris@bcba.org or 410 -337-9103).
The attorneys listed below have volunteered to staff the LAWYER IN THE LOBBY CLINIC, which is held the second Wednesday of each month, 4:30 to 6:30 p.m. This is an opportunity for citizens of Baltimore County to meet, free of charge, with an attorney for advice and/or referral or both (including self-referral) in the areas of collections, bankruptcy, landlord/tenant matters, contract, warranties and other consumer matters, wills, probate, advance directives, or small claims actions. Jerry Blake Jessica Corace Keith Franz Bruce Friedman Valerie Ibe Michael Jeffers Fu-Mei Jiang Brady Locher
Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Larry Polen Michelle Valenti Jordan Watts
If you are interested in staffing the Clinic, please call Rachel M. Ruocco at 410-337-9100 or email rachel@bcba.org.
Please join us in welcoming these sponsors and consider their services when you need them. Their ads are throughout each issue of The Advocate, and can be located quickly using the index at the end of the issue, and by the gold ribbon that accompanies their ad. Please let them know you appreciate their support. Thank you!
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April 2015
Don’t let this happen to your career. Reach out for help before it becomes a train wreck. Don’t wait for Bar Counsel to pay you a visit. Confidential help is available for any attorney, paralegal or support staff for drug, alcohol and/or mental health issues, among others.
ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ... BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges. Our services include help for a broad range of problems and personal concerns, such as: Depression Marital and Family Relationships Alcohol and Drug Abuse Stress and Burnout Prescription Drug Concerns Career Concerns
Gambling Internet Addiction Sexual Addiction Compulsive Spending Eating Disorders Balancing Work and Family
WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access to treatment facilities and provide emergency practice management, as well as referrals to professional counselors. JAY MILLER, Chair JOE MURTHA, Vice-Chair JIM BEACH MARY CHALAWSKY MIKE CONNOLLY MARISSA JOELSON RICHARD LYNAS GERARD MILES JIM QUINN JUDGE PHILIP N. TIRABASSI
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410-951-7165, 443-271-7317 410-583-6969, 443-271-7319 410-241-8538 410-951-7160 410-583-8300 410-951-4797 410-821-1099 443-589-0150 443-703-3041 410-512-2323
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April 2015
Baltimore County Bar Association Website 101 (www.bcba.org) Join us for a stroll through the BCBA website, to become familiar with the many useful resources available on your desktop, laptop, tablet, or other mobile device … Don’t keep this information to yourself, share it with your paralegal, secretary, and office admin staff.
NEWS
ATTORNEY RESOURCES
The Week Ahead … Court Notices The Advocate Annual Black-Tie Banquet 2015 Committee Reports Employment Opportunities Advertisers Index Advocate Information
Circuit Court for Baltimore County Contact Information Circuit Court for Baltimore County – Daily Docket Court Holidays Courthouse ID Badges Lawyer Referral & Information Service Program Information … Grow your practice!
Position Available, Full-time Temporary Family Magistrate
Legal Links & Links to Select Legal Providers
Notice to Counsel Regarding Criminal Docket in Circuit Court for Baltimore County
Lawyer Assistance Program
Baltimore City District Court—Bail Review Hearings
Membership Benefits
Land Records E-recording Pilot to Launch in Baltimore County
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If there is something you’ve struggled to find, or would like to see added to the website, please let us know and we may feature it in a future issue. We value your opinion and your input, and want to make your online experience with the Baltimore County Bar Association the best that it can be. We can only do this with YOUR help. Please email any questions, suggestions, or input to doris@bcba.org. Thank you!
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April 2015
FAMILY LAW DINNER, LAW FIRM TECHNOLOGY by Sondra M. Douglas On February 19, 2015 Family Law practitioners met at Towson Golf and Country Club to take advantage of the new technology available to assist us in the daily operations of our office. The sponsoring vendors provided a free dinner to BCBA Members, and they were able to display information detailing their services and products around the room. Each vendor was available to provide practical tips on the latest tools to effectively operate a business. Below are a list of the generous sponsors, along with a summary of services they provide and their contact information: 1. Legal Logs’ Chris Kennedy demonstrated how to effectively track your time and those billable hours, as well as how to engage your clients to actively participate in contributing crucial information on a timely basis to continue to move their case forward, while using a secure platform for sharing, storing and organizing vital case information. Chris can be reached at Chris@legallogs.com. 2. Quick Connect guru Charinna Kushnir and Louis Brand provided demos with their latest phones on display and provided us with details on outgoing and incoming calls from the office while in the comfort of home, and how to manage voice, data and security with a fully integrated approach. Charinna can be reached at 616 Main Street Reisterstown, MD 21136, or ckushnir@qccusa.com.
legal practice. His company comes armed with specific tools and a business prowess that allows them to assess and configure your software and practices for better workflow, billing, document management and so much more. Shawn may be contacted via email at shawn@avidpractice.com or 443-386-4445 x1. 5. Our Family Wizard’s Katrina Volker explained that their mission is to help divorced and separated families communicate via online communication tools to make shared parenting easier, without putting the kids in the middle, eliminating miscommunication, reducing stress, and improving parenting. Feel free to contact Katrina at 866-755-9991 or kvolker@OurFamilyWizard.com. 6. Planet Depos was well represented, and provided a wealth of information on the many court reporting, videography, videoconferencing, interpretation and trial support services they have to offer. To learn more, or schedule services, please call their tollfree number, 888-433-3767.
3. Zest Social Media Solution’s Tim Bojanowski and Monique Kohler (company counsel), provided direction utilizing social media to market your family law practice. The company’s philosophy is based off of a unique approach of incorporating social media technologies into existing business communications in order to expand exposure, extend networks, and leverage brands. Tim’s offices are located at 101 E Chesapeake Ave., Suite 400, Towson, MD 21204, and he can be reached at 443-465-2950 or tbojanowski@zestsms.com. 4. Avid Practice founder Shawn Levin believes his company can maximize the potential of your THE ADVOCATE
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April 2015
YOUNG LAWYERS BULL & OYSTER ROAST by Catherine A. B. Simanski Dickinson Despite perilous weather conditions, the Young Lawyers hosted a successful Bull & Oyster Roast on Sunday, March 1st at the American Legion Hall, Post 22, in Towson to benefit the BCBA Annual Charity, the Anne T. Brennan Memorial Scholarship Fund at Notre Dame Preparatory School.
T. Wray McCurdy did not purchase the winning 50/50 raffle ticket from Young Lawyers Committee Chair, Catie Dickinson (wearing the vintage apron!). Emma Twigg Clarke had the winning ticket, and generously donated onehalf of her winnings back to the designated charity. Thank you Emma!
Everyone that was willing to brave the snow and ice enjoyed fantastic barbecue from 3 Phat Guys Catering, and fresh oysters from Bob’s Seafood. The younger attendees enjoyed a stuffed animal wheel, and face painting by Christine Cots Face Painting, while the adults enjoyed a money wheel. Joe Williams and Jane Santoni provided entertainment with their band, The Objections, which had everyone dancing. Special thanks to Tydings & Rosenberg for donating Orioles tickets for the raffle basket, Jonathan Herbst for donating a signed Lardarius Webb photograph, and Premier Process, Inc. for sponsoring the face painting. The Young Lawyers look forward to hosting this event next year!
Courtney Robinson, daughter of Rebecca Fleming and Keith Robinson, cleaned up at the Money Wheell!
Master of the Money Wheel, Young Lawyers Committee Vice-Chair, Sandy Steeves gives it a spin!
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April 2015
YOUNG LAWYERS BULL & OYSTER ROAST Many law firms bought tables, taking advantage of the reduced ticket pricing, giving their staff and families an opportunity to have a great time while supporting the BCBA and the annual designated charity, The Anne Brennan Memorial Scholarship Fund at Notre Dame Preparatory School.
BCBA President, T. Wray McCurdy and PresidentElect, Judge Vicki Ballou-Watts
Stuffed animals just waiting to be won and taken home by the kids of BCBA members!
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April 2015
YOUNG LAWYERS BULL & OYSTER ROAST The Objections, starring Joe Williams and Jane Santoni
BCBA Past President, Carey Deeley, enjoying the delicious oysters provided by Bob’s Seafood
William, son of Jeffrey and Christine Rogyom, was the winner of the Cornhole Tournament at the Bull Roast. Ok, he wouldn’t let anyone else play!
Judges Sally Chester, Gordon Boone (retired) and Vicki Ballou-Watts
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April 2015
BCBA & UB LAW SCHOOL PARTNER UP TO PRESENT UNIQUE CLE PROGRAM by Jason S. Garber On March 4, 2015, the Baltimore County Bar Association’s Professionalism and CLE Committees jointly presented a CLE program entitled “Getting Started: Social Media, Fee Agreements and Escrow Accounts” at the University of Baltimore Law School. This presentation targeted law students and existing practitioners. The first speaker, Al Frederick of Eccleston & Wolf, P.C., spoke about fee agreements. Mr. Frederick provided colorful commentary on the do’s and don’ts of the contents of a retainer agreement, attorney-client privilege and confidentiality, important impact and benefits of the proposed amendments to the Rules permitting attorneys to provide unbundled legal services. If adopted, the Rules change to permit such engagements will greatly assist those that cannot afford an attorney for an entire case or matter and will enable an attorney to appear in a case for a specific and limited purpose.
by the law firms of Proctor & McKee, P.A., Turnbull, Nicholson & Sanders, P.A., and Sharon Christie Law. Thank you to The Honorable Vicki Ballou-Watts, University of Baltimore Law School’s Assistant Dean Jill Green, Meg McKee, Carolyn Thaler, the speakers mentioned above, and all of the attendees for all of their help, whether originating the idea of this great program, its planning and/or its execution.
The Second speaker, Erin Risch, also of Eccleston & Wolf, P.C., spoke about emerging issues in social media, alerting attendees of the dangers associated with the ever-growing use of Facebook, Twitter, LinkedIn and other such sites to help publicize information, attract clients and/or network with other attorneys and potential clients. Ms. Risch illustrated how attorney websites are advertising and therefore, subject to the Maryland Rules of Professional Conduct, and that caution is necessary when creating and changing website content. Ms. Risch also cautioned the audience about conducting e-mail communications over an employer’s server, and other security issues related to using the ‘Cloud” and other third-party vendors. The last speaker, Raymond Hein, Deputy Bar Counsel, spoke about escrow accounts, delineating the differences between an operational and escrow accounts, specifying the rules, as well as providing alerts to the attendees about certain actions that he, unfortunately, has to confront with regularity. Approximately 50-60 attendees, 80% of which were students, packed the lunch-time program because of the critical insights provided by the speakers, with a slight assist from the free pizza generously provided THE ADVOCATE
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CIVIL LAW UPDATE by Ceecee Paizs Review of the February 2015 Amicus Curiarum reveals the following decisions of interest in the civil law area: COURT OF APPEALS: Falls Garden Condominium Association, Inc. v. Falls Homeowners Association, Inc., No. 30, September Term 2014, filed January 26, 2015. Opinion by Battaglia, Lynne A., Judge Falls Garden Condominium Association (“Falls Garden”) and Falls Homeowners Association (“The Falls”), neighboring entities, executed a Letter of Intent in settlement of litigation arising out of a case disputing ownership of parking spaces situated between the condominiums and townhouses that make up their respective associations. The Letter of Intent contained specific provisions regarding the rental of twenty-four parking spaces as well as a settlement agreement between the parties. Problems arose between the parties, and The Falls filed a Motion to Enforce Settlement Agreement to implement the Letter of Intent. The trial court held that the Letter of Intent was enforeable as it contained all the necessary provisions and was unambiguous. The trial court then ordered Falls Garden to sign the lease agreement related to the parking spaces drafted by The Falls. The Court of Appeals affirmed in part and reversed in part. The Court looked to the four distinctive categories of letters of intent proposed by Corbin, which the Court cited with approval in its prior discussion of letters of intent, Cochran v. Norkunas, 398 Md. 1, 919 A.2d 700 (2007), quoting Joseph M. Perillo, Corbin on Contracts § 2.9, p. 157- 58 (Rev. ed. 1993). The categories are: (1) At one extreme, the parties may say specifically that they intend not to be bound until the formal writing is executed, or one of the parties has announced to the other such an intention. (2) Next, there are cases in which they clearly point 14 out one or more specific matters on which they must yet agree before negotiations are concluded. (3) There are many cases in which the parties express definite agreement on all necessary terms, and say nothing as to other relevant matters THE ADVOCATE
that are not essential, but that other people often include in similar contracts. (4) At the opposite extreme are cases like those of the third class, with the addition that the parties expressly state that they intend their present expressions to be a binding agreement or contract; such an express statement should be conclusive on the question of their ‘intention.’ The Court found that the Letter of Intent fell into Category 3. The Court declined to enforce the proposed lease drafted by The Falls because it was not assented to by Falls Garden. The Court, also, determined that the Circuit Court Judge did not err in failing to hold a plenary hearing, because the Letter of Intent was unambiguous, so that the taking of extrinsic evidence was unnecessary. Dennis J. Kelly, Jr. v. George W. Duvall, Jr., et al., No. 26, September Term 2014, filed January 27, 2015. Opinion by Adkins, Sally D., Judge Elizabeth Duvall passed away on April 16, 2011, only weeks after her son, Dennis J. Kelly, Sr., passed away. Ms. Duvall’s Will contained a contested provision, which led to conflict between Respondents, Ms. Duvall’s three surviving sons, and Petitioner, Kelly, Sr.’s surviving son, over the proper disposition of Ms. Duvall’s estate. In addition to devising Ms. Duvall’s house, the Will included Item III, which stated: “[i]f any of the legatee or beneficiary named or described under any provision of my Will does not survive me by a period of thirty (30) days, then all provisions of my Will shall take effect as if such legatee or beneficiary had, in fact, predeceased me.” The surviving sons argued that the intent of the Will was to divide any assets between surviving children and Dennis Kelly's son contended that Item III of the Will indicated no intent to create a survivorship requirement and that Ms. Duvall’s expressed intent in the Will was to treat the inheritance of Kelly, Sr., who predeceased Ms. Duvall but was alive at the time of the Will’s execution, as a lapsed devise, saved by ET § 4-403 because no language in the Will evinced an intent to negate the statutory presumption against lapsing. The Orphan's Court ruled in favor of the surviving sons, which decision
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CIVIL LAW UPDATE Continued from page 15 was up held by the trial court. The Court of Special Appeals affirmed in an unreported opinion, concluding both that Item III imposed survivorship as a condition precedent to inheritance and that it manifested an intent to negate Maryland’s anti-lapse statute. Judge James A. Kenney, III dissented, disagreeing with both conclusions. The Court of Appeals reversed, concluding that Item III merely reflected ET § 4-401, and, therefore, that it did not express a requirement that Kelly, Sr. outlive Ms. Duvall. Because the Will closely tracked the statute’s language, the Court found the Henderson Commission Report’s analysis of ET § 4 -401 instructive to its construction of Item III. As a result, it found that § 4-403 determined whether the legacy had lapsed. It held that, since a contrary intent to survivorship was not present in Ms. Duvall’s will, ET § 4-403 protected the devise from lapse. The Court reversed the lower courts, holding that Dennis Kelly's heir was entitled to inherit under the Will.
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A
merican Bar Association News ...
Dear Bar Leader, The March edition of the Washington Letter, the ABA's newsletter on legislative issues affecting the legal profession, is now online.
It's Almost Here. Don't Miss Out. There's still time to register for ABA TECHSHOW 2015. Advanced online registration closes April 3, 2015. ABA TECHSHOW offers attendees three days of learning, networking, and exploring the EXPO Hall. Registration will re-open onsite on Wednesday, April 15, 2015 at 3:00 p.m. at the Hilton Chicago, and continues throughout the Conference & EXPO. Don't miss your chance to attend this year! Register Now
Extra Accommodations Added! Due to popular demand for rooms, there is now an additional hotel block at W City Center Hotel (near the conference) for ABA TECHSHOW attendees. Reserve by April 8, 2015. Learn more on our website.
ABA House of Delegates Report can be found on pg. 30 of this issue.
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YOUNG LAWYERS LUNCH & LEARN by Catherine A. B. Simanski Dickinson On March 11, members of the Young Lawyers Division gathered at the Towson courthouse for a Lunch & Learn on Circuit Court practice. The panel of speakers was comprised of Hon. Kathleen G. Cox, Hon. Ruth A. Jakubowski, Hon. Sherrie R. Bailey, and the Hon. Robert E. Cahill, Jr., and all of the judges provided valuable advice on motions practice, courtroom demeanor, and jury trials. The judges also graciously entertained general, as well as practice area-specific, questions from the young lawyers. The Lunch & Learn was a follow-up to the District Court Practice Lunch hosted by the Young Lawyers in January, which was run by the Hon. Darryl Fletcher. Thank you to the partners at Rollins, Smalkin, Richards & Mackie, L.L.C. for sponsoring lunch for this great event.
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CRIMINAL LAW UPDATE by Robert C. Lidston The March Amicus contains two decisions on probation conditions and a decision on jury instructions which may be of interest. State v. Callahan, No. 28, September Term 2014, filed January 23, 2015 (opinion by Watts, J.). Following a guilty plea, a circuit court judge imposed on Callahan a sentence that included five years of probation. He signed an order of probation which included, among other conditions, "Report to his Probation Agent as directed and follow his/her lawful instructions." Callahan was released from jail with mandatory supervision. He signed a Mandatory Supervision Release Certificate in which he agreed to a special condition: "Comply as directed by his parole/probation agent with the Division of Parole and Probation’s sexual offender management program, which may include polygraph testing." The same agent from the Division of Parole and Probation was assigned as Callahan’s probation agent and as his mandatory supervision agent. That agent gave him a letter that said: "You are scheduled for a polygraph examination. Please adjust your schedule to insure your presence. Failure to report will result in a Violation of Probation." Callahan did not report for the examination and a judge decided that he had violated the original order of probation by violating the condition that stated: "Report to your Probation Agent as directed and follow his/her lawful instruction." Callahan appealed to the Court of Special Appeals which reversed the circuit court finding. The State petitioned for cert and Callahan cross-petitioned. The Court of Appeals granted cert. The Court reversed COSA. It found that the probation agent’s instruction to comply with a condition of mandatory supervision did not create a new, more onerous condition of probation that was outside the original condition of obeying the lawful instructions of a probation agent. The instruction was clearly lawful because the agent only instructed Callahan to do what he had already agreed, and was legally required, to do. Because complying with a condition of mandatory supervision would benefit a probationer by maintaining his early release on conditions with which he has agreed, an agent’s instruction to comply with a condition of that mandatory supervision is certainly not onerous.
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The Court also held that an agent’s instruction to comply with a condition of mandatory supervision is not inconsistent with the separation of powers doctrine. A court chooses conditions of probation and determines whether a probationer has violated an order of probation. A court may choose as a condition that a probationer obey an agent’s lawful instructions and the court may determine that the probationer has violated an order of probation by disobeying an agent’s instructions to comply with a conditional mandatory supervision. Russell v. State, Nos. 486 and 2806, September Term 2013, filed February 25, 2015 (opinion by Berger, J.). Russell was convicted of child sexual abuse in two different cases. He was given a suspended sentence with a period of probation. While he was on probation, the probation department filed a request with the circuit court to modify the terms of probation to add supervision under the Collaborative Offender Management Enforcement Treatment program (COMET). This program resulted from 2006 legislation requiring sexual offenders to be supervised under sexual offender management teams. A probationer on COMET is required to comply with a sexual offender management program, which may include intensive reporting, specialized treatment, electronic GPS monitoring, polygraph testing, computer monitoring, and compulsory medication. After a hearing, the trial court modified Russell’s probation to include the COMET supervision. He appealed to the Court of Special Appeals. COSA confirmed the trial court’s action in imposing the COMET supervision. With respect to a curfew component, COSA stated that the probation department is permitted to provide specific rules designed to govern the conduct of a probationer within the general conditions imposed by the court. The court had authorized the COMET team to impose a curfew and the probation department provided clear and specific rules governing that curfew. The discretionary curfew imposed by the court and administered by the probation department did not constitute an illegal condition of probation. COSA also rejected Russell’s argument with regard to the polygraph component of his COMET supervision. That condition had a rational basis because a
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CRIMINAL LAW UPDATE Continued from page 19 polygraph can promote candor between the probationer and the agent, reduce recidivism, and assist treatment providers in developing appropriate treatment. COSA also opined that the polygraph component did not violate the Fifth Amendment. It noted that a probationer’s challenge to a polygraph requirement is premature when the probationer has not actually been subjected to incriminating questions or compelled to answer such questions after having asserted a Fifth Amendment privilege.
jury instruction. The matter was not about transferred intent because there was no original intended victim, so the supplemental instruction injected a theory that had nothing to do with the case presented to the jury. "Transferred intent" contemplates an intent to harm an original intended victim, but another person is mistakenly harmed due to some change in circumstances. When a person generally fires into a crowd of people, there is no original victim from whom to transfer intent.
COSA held that the sanctions imposed for failing to participate in a polygraph examination, increased reporting requirements and the imposition of a curfew, were not impermissible. The trial court’s imposition of a polygraph condition and GPS monitoring under COMET as conditions of probation were not an assumption of, or encroachment upon, the role of the legislature. Bircher v. State, No. 2451, September Term 2013, filed February 2, 2015 (opinion by Nazarian, J.). Bircher was charged with murder after he shot and killed one victim and wounded another when he fired a gun into a crowd outside a bar after he supposedly became afraid for his life based on a perceived threat from a bar patron. During jury deliberations, the jury sent the judge a note asking for clarification about whether "intent" in first degree murder meant intent "to kill a person or the specific person." The judge then gave the jury a supplemental instruction requested by the State, which explained the doctrine of transferred intent. This is that intent was present if a defendant meant to kill one person and mistakenly killed another. Defense counsel objected to the instruction and was overruled but was permitted to address the jury briefly about the instruction.
COSA also held that the trial court did not err in refusing to instruct the jury that Bircher’s decision to surrender voluntarily to police could constitute evidence of innocence. There was nothing stopping his counsel from arguing that Bircher’s flight the night of the crime was inconsistent with voluntary surrender the next morning.
Bircher was convicted and appealed both the supplemental instruction and the court’s refusal to give an unrelated requested instruction, that his voluntary surrender after the shooting could be considered evidence of innocence. The Court of Special Appeals affirmed the conviction in part and vacated it in part, remanding it to the trial court. COSA decided that where the prosecution’s theory throughout the trial argued that Bircher fired into a crowd and was not targeting any one person in particular, the jury was improperly instructed about the doctrine of "transferred intent" for the first time in a supplemental
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ANNUAL BLACK-TIE BANQUET—MORE PHOTOS! Taken by President-Elect Judge Vicki Ballou-Watts
Future Leaders… Circuit Court and Appellate Court Law Clerks with UB Law School Assistant Dean Jill Green
Sondra Douglas, Tom McKeon and Bonnie Butler Judges Kevin Wiggins, Vicki Ballou-Watts and Robert E. Cahill, Jr. All of the photos from the Black-Tie Banquet are now available! This includes the "prom photos" taken by Myles F. Friedman and Arnold J. Honkofsky. To view, click the following link: https://bcbablacktiebanquet.shutterfly.com/ THE ADVOCATE
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Sean Klein and Judge Pamila Brown, MSBA President-Elect
Roz Soudry, Lisa Mervis and Judge Ruth Jakubowski
Deputy State's Attorney John Cox and Circuit Administrative Judge Kathleen G. Cox
Judge Sherrie Bailey and Drew Bailey
Orphans Court Judges Bill Evans and Arthur Frank with Register of Wills Grace Connolly THE ADVOCATE
Assistant State's Attorneys Jennifer Schiffer, Garret Glennon and Jill Savage Page 25
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HISTORICAL PERSPECTIVES: WRITING
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by G. Darrell Russell, Jr. Kodachrome, it gives the nice bright colors. Paul Simon In both the Circuit and District Courts, the ghosts of departed jurists grace the walls via pictures and portraits. It is an unwritten tradition to memorialize every judge who has sat on the respective benches, with either a picture or portrait hanging somewhere on the courthouse walls. The nature of painting vs. picture screams the difference of the aura and character of the two trial courts. In the Circuit Court, a lavish tradition is that of honoring deceased judges by paintings. They are rendered by an artist, after the jurist has passed away. At times in the past, a retired judge had his visage on the hallowed walls, but still breathed the air of this good earth. Patrons had sponsored this early immortality by springing for the paintings. Actually, all of the portraits on the walls were sponsored by private donations, but usually after the demise of the judge. And it was almost always the family of the judge, which had paid for the painting. Judge Tom Bollinger was recently appointed by Bar Association president, T Wray McCurdy, to head a committee to see that the likenesses of seven departed Circuit Court judges, who have not yet had their portraits hanging, are painted on canvas and inserted to a deserving place on the walls of honor. Those judges, who are missing from the consecrated walls, are Anne Brobst, Bill Hinkle, Len Jacobsen, Bill Brannan, Bob Cadigan, Bucky Buchanan and Ken Proctor. Judge Bollinger asked Judge John Turnbull, John Nowicki, and yours truly, as Historical Committee Chairman, to round out his committee. The august committee did convene at a suburban watering trough and met with a young artist, Kathleen Meredith. Her dad is Baltimore County attorney, George Meredith. Katie, as she prefers to be called, is an experienced artist and teacher with a great resume. She had already done the portrait of Judge Al Brennan, and it is excellent. We agreed on a very fair price. All we needed was to find the money. Each painting would be $4,000 and another $100 would cover a frame worthy of the Louvre. This was the amount unhesitantly advanced by Judge Brennan’s lovely wife, Marge, for “Big Al’s” painting. There have been paintings done in the past which cost as much as $10,000. They were Van Gogh mark downs! Everything looks worse in black and white. Paul Simon When Katie has finished her magic brush strokes, there of course will be hanging ceremonies, not the rope variety. But where to find the cash? We seized on the idea of approaching the Baltimore County Bar Foundation, which has historically distributed its largess for renovations, pro bono activities, and educational programs. Its genesis and creation was for the restoration of Olde Courtroom Number Five. The Foundation by-laws provide that its President shall be the past, past president of the County Bar. In this case, Bob Lazzaro is the twice past president who heads the Foundation. Bob readily gave his verbal acquiescence, but forewarned it would take approval of the full Foundation Board. The imprimatur came after a presentation by Tom Bollinger. After several months a check was, alas, forwarded to the Bar Association. Doris Barnes, in turn, gave us a $10,000 check made out to Katie Meredith. This would at least get her started. District Court, by its very nature, is a simpler and more economic court. Pleadings are simpler, time deadlines are shorter, and costs are less. And for the sake of immortality, there is a unique bonus. District Judges needn’t wait for their estates to be opened, to be memorialized. All of us, upon our investitures, were rewarded with an 8 x 10 black and white Nikon photograph, very fashionably ensconced in a top rung Wal-Mart classic frame. The pictures are hanging in the interior hall of the first floor of the Towson District Court. A proper password will gain you admission to this pseudo gallery. You might say, ”I have bookmaker salads for all the judges!” This photo tradition was begun by legendary jurist, John Carroll Coolahan, the Lion of Halethorpe. The pictures date back to the inception of the District Court in 1972. Regretfully, since John passed away, the tradition has stalled. The present bench is looking for a new champion to continue the extraordinary and much appreciated practice. Perhaps they too should look to the Bar Foundation for help. This camera project is a “discount” procedure as compared to the Rembrandts on the walls of the County Courts
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HISTORICAL PERSPECTIVES: WRITING
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Continued from page 26 Building and Olde Courtroom Number Five. This is one of the myriad of reasons that the District Court is often called “Disco” court. It’s also called “Disco” because of the expeditious manner cases are placed in for trial. I’ve got a Nikon camera. I love to take photographs. Paul Simon In the Circuit Court it is a slow waltz as opposed to a quick disco dance of the District Court. It’s like waiting for the circus to come to town, thus “Circus” court, for the Circuit Court. But the judges of the higher court are $13,000 a year smarter. If all the Circuit judges were in one room they would be almost as smart as Bob Steinberg, reading War and Peace alone in his chambers. Although Bob is still around as a retired judge, his black and white photo in the Towson District Court will be there long after both he and I have passed to our heavenly chambers. We are happy to be there in black and white, and would be embarrassed by an artist’s rendition. We would however be glad to autograph any knockoffs. Many of these words here appeared in the October 2014 issue of The Advocate. I am revisiting them for two reasons. Firstly, a disappointingly small number of Bar Association members are reading The Advocate because it is only available online and the transmission last October was not clear. It is printing better now, but many members just do not take the time to either print it or scroll through the pages. We senior Bar members are used to reading newspapers. The early morning sound of the Baltimore Sunpaper plopping on our door steps is akin to oldies on vinyl. But President McCurdy advises that this format is with us in perpetuity, because of the five-figure cost saving. Only a petition drive from the members to authorize a paid subscription for a mailed hard- copy will amend the electronic delivery process. Secondly, there has been a realization, that the Foundation grant was a one and done deal. Katie Meredith, at present, labors lovingly on the portraits of three of the seven judges. It is now necessary to find $18,700 to pay her the remainder of her fee to finish all the portraits. Actually, the grant was originally contemplated as a loan, but Bob Lazzaro, in a very generous gesture, will ask the Foundation at their next meeting, to officially construe the money as a grant. As said, all the paintings have been historically financed by the family of the deceased jurist, as so done by Mrs. Brennan. None of the seven families of the judges without portraits have come forth with sponsorship wampum. Perhaps that is why their judge’s portraits are non-est. The posse of our committee intends to saddle up and make pilgrimages to the hearths of the heirs. We hope that the departure from the visits will be with cash in our saddle bags. Mama, don’t take my Kodachrome away. Paul Simon We can’t ask the Foundation for any further advances. So there is a desperate need to establish a vehicle to raise the money now, to pay for the completion of the paintings for the remaining judges. And there is a need to make this vehicle, which might evolve into a fundraiser, work for the cost of future portraits. For the present, please construe these words as an unmitigated plea to the membership of the Bar Association for donations. Your donations would be entirely deductible as a gift to a licensed charitable organization. The ghosts on the Courthouse walls have been used in the past for quorum votes. When the windows on the Olde Courtroom are opened, the spirits of these long gone jurists can be heard singing hosannas in the wind. They are caroling a celestial thank you to all who contributed to creating their immortal likenesses on the hallowed walls of real plaster. Absent the appearance of donated funds, the Circuit Court will be constrained to follow the simple practice of the District Court. They can have their likenesses reproduced by a photo-lens. They can eschew the black and white for kodachrome. It gives the green of summer and makes the world a sunny day. The snapshot ghosts would look heavenly, and would sing a grateful symphony. Please make a totally tax deductible donation, made payable to the Baltimore County Bar Association for Court Portraits. Thank you from the committee and the ghosts.
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COUNTY COUNCIL UPDATE by Thomas H. Bostwick Greetings! The members of the Baltimore County Council are grateful for the opportunity to update the County Bar on the activities of our County’s legislative body. Your seven member County Council serves as the independent Legislative Branch of County government. The Council meets year-round, generally in bi-monthly Legislative Sessions (held at night) and bi-monthly Work Sessions (held during the day). All proceedings are open to the public, and the Legislative Session is broadcast on BCTV (channel 25 on Comcast & Verizon). The Council’s Website at www.baltimorecountycouncil.org provides helpful information as well.
$14, respectively. For non-residential, non-institutional properties, the fee is reduced from $69 per equivalent residential unit (“ERU”) to $46 per ERU. This represents a significant reduction in the fees, for which the Council has advocated since the State mandated the Fee in 2013. Bill 12-15 – Charter Review Commission – Bill 12-15 was also passed on March 2, 2015 and establishes a Baltimore County Charter Review Commission. This 11-member Commission appointed by the County Council and County Executive will review the County Charter every 10 years and make recommendations for possible amendments to improve the efficiency and operations of County government. The Charter has undergone several reviews since its adoption almost 60 years ago, with the most recent formal review occurring almost 25 years ago. That Commission was chaired by former County Executive James T. Smith, Jr. As a Charter amendment, the issue will now go before the voters in the November 8, 2016 general election.
Recent items of interest include the following: Election of Chairwoman Cathy Bevins – On January 5, 2015, the Baltimore County Council held its annual election to select a Chairperson for the calendar year. Upon the nomination of Councilman Tom Quirk and second by Councilwoman Vicki Almond, the Council unanimously elected Councilwoman Cathy Bevins as Chair for 2015. It is noteworthy that Mrs. Bevins is continuing her second consecutive year as Chair of the County Council. In moving the nomination, both Mr. Quirk and Mrs. Almond noted Mrs. Bevins’ outstanding leadership of the Council over the past year. The Council also welcomed new members Wade Kach from the 3rd District, Julian E. Jones, Jr. from the 4th District, and Todd K. Crandell from the 7th District. Bill 6-15 – Conservation Burial Ground – Bill 6-15 was passed by the Council on February 17, 2015 and creates and permits this new use in the R.C.8 (Resource Conservation, Environmental Enhancement) Zone by Special Exception. The Bill defines a conservation burial ground and also sets forth a number of conditions on the use, including that the land be subject to a permanent conservation easement, a minimum tract of 60 acres with no more than 100 burials per acre, and compliance with all requirements of State law, including provisions for cemeteries. Bill 9-15 – Stormwater Management Fees – Bill 9-15 was passed on March 2, 2015 and establishes the rates for the stormwater remediation fee for Fiscal Year 2016. Specifically, the Council voted to reduce the fees in most instances by onethird. For single-family detached and attached dwellings, the fee is reduced from $39 and $21 per dwelling unit to $26 and
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MEMBER NEWS Alice (Arcieri) and Shawn Bonner joyfully welcomed their first child, Grayson Keith Bonner on February 27, 2015 at 10:24 a.m. He was 20.5�, 5 lbs 15 oz.
COMMITTEE REPORTS All Committee Reports, Chair and ViceChair contact information, upcoming programs, and handouts from those programs already held this year, can be found online. Click on the Committee Reports banner above.
Not sure what benefits are available to you as a BCBA Member? Click the picture above to learn more, or call or email Doris Barnes or Maxine Morrow for more information.
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AMERICAN BAR ASSOCIATION STATE DELEGATE REPORT MARYLAND Barbara Kerr Howe bkhowe@verizon.net
The American Bar Association convened for its Midyear Meeting in Houston on February 4 – 9, 2015. The conference had approximately 3,000 registrants, and lawyers from across the country participated in hundreds of section, committee, task force, charitable group, and state bar leadership meetings, providing information and discussion of important issues facing our profession and system of justice. There were also many networking opportunities for all association members, law students, and state and local bar leaders. The House of Delegates met on February 9, 2015. The Daily Journal of actions of the House of Delegates and the Select Committee Report can be found on the House’s Webpage. The Select Committee Report provides you with a more comprehensive summary of the adopted new polices and all other activities and issues that were addressed at the House meeting. It includes copies of reports and resolutions, summary of action on each, and also provides links to videos of the House meeting, including remarks of Association Officers and VIP guests. Please visit the ABA Home page to view the most current news on issues impacting our profession and your practice, and to also be able to access links to the various ABA programs, as well as other member benefits found at ABA Member Advantage, which is where you will see the listing of savings and discounts offered for products and services ranging from Travel and Lifestyle, Insurance and Finance, Office Products/Services, and Technology and Communications. Also, if you want up-to-date, summarized information on federal legislative issues, see the latest version of the ABA Washington Letter. Your commitment to the Association makes a difference and I hope you will be able to join us at the ABA’s Annual Meeting, to be held in Chicago, July 30 – August 4, 2015. Details on how to register for the Annual Meeting will soon be available on the ABA website. As always, if you have any questions or comments, or if I can be of assistance helping you navigate the many programs and benefits of our Association, please let me know. Regards, Barbara Kerr Howe ABA Maryland State Delegate
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A P R I L R E G I S T R AT I O N F O R M Please return this form to the Baltimore County Bar Association, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204 with a check or credit card info; fax to 410-823-3418, or REGISTER ONLINE at www.bcba.org. PLEASE register me for the following programs/events: Registration Fee:
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The Baltimore County Bar Association 100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 410-337-9103-Telephone 410-823-3418-Facsimile www.bcba.org
MEMBER ADVERTISEMENTS Historic Lutherville. Office space available in a small law firm, perfect for a solo practitioner. Office comes with a Partner’s desk, chairs and bookcase. Use of conference room, waiting room, receptionist, phone system, utilities and internet. Free parking. Close to Towson court houses, I695 and I83. Email randy@waselaw.com or call 410-828-8500. Dundalk. Available office space in Dundalk. Call 410-288-2900. Towson. For rent, Lawyer’s office in the business condominium of J. Michael Lawlor. Approx. 20x10 w/filing cabinet, small bookcase, desk, chairs and credenza w/three lamps. Young attorney who practices domestic law (not exclusively, necessarily) is desired. Spin-off work will be available. Rent $800/mo. Contact J. Michael Lawlor at 410-494-1800 or lawloresq@verizon.net. Towson law offices available for sublet. We are four busy lawyers working in a nicely furnished suite of offices on the 8th floor of 401 Washington Avenue, overlooking the Old Courthouse. We have 1-4 lawyer’s offices, plus work stations for legal assistants available. Suite is equipped with phones, reception area, conference room, kitchen, copier and postage meter. Competitive rates. http://www.401washingtonave.com. Macy Nelson, 410-296-8166 x 290; gmacynelson@gmacynelson.com. Towson. Office for rent: 303 West Pennsylvania Avenue, Towson. One, two or three offices for rent available. Use of conference room, kitchen and parking. Very convenient, across from the Circuit Court. Rent negotiable. Contact Joseph Glass, 410-823-4214.
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