THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 10
April 2017
PRESIDENT’S MESSAGE by Robert J. Thompson Nowadays, its seems people are only interested in following laws with which they agree. I’m a perfect example, in fact. Today, on my way to the office, I was buzzing down the highway, enjoying the warmth of sunshine cascading through the sunroof, listening to the radio, and enjoying the view. I passed one of those signs that warns drivers of a speed camera ahead, and reflexively, I looked down at the speedometer….. Well, let’s just say it’s a good thing I saw the warning! In general, I believe, as I think most people do, that when our government, through our elected representatives, enacts a law or a regulation, it is our obligation as citizens to follow the law, or, if it’s something we just can’t live with, to do our best to change it. That’s just what good citizenship requires – we don’t just get to throw a temper tantrum or disregard a law with which we disagree. In a
system of self-government, our duty is to follow the law or to improve it. Tax Day is a perfect example of the internal conflict I face, and I think, every citizen in a democratic republic feels, when it comes to the duty of a citizen to adhere to the law. (And, to avoid drawing any unnecessary attention from the IRS, I will leave it at that). I recently read an interesting article about a man who, while a college sophomore in 1982, was in the process of writing a paper about the U.S. Constitution and he discovered that there had been an amendment to the Constitution proposed in 1789, which, although ratified by five States, had never been acted upon by the others. The young man took up the mission of seeing the amendment ratified, and began contacting members of Congress
Inside This Edition ABA Delegate Report Body Worn Cameras The Daily Record Awards Calendar of Events Civil Law Update Committee News Court Notices Golf Registration Flyer Law Day Flyer Lawyer in the Lobby Lawyers Assistance MD’s ABLE Program Member Ads Professional Lawyer The A-Zs of QDROs SAVE THE DATE Wine & Chocolate
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HealthQuest Chiropractic & P.T., NEW Signature Sponsor THE ADVOCATE
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PRESIDENT’S MESSAGE Continued from page 1 and State legislatures all over the country. Ten years after his efforts commenced, they paid off for him; he listened over the phone as the Michigan House of Representatives put the 27th Amendment over the top. (For those of you who are incurable law nerds like I am, here is the link: http://kut.org/post/he-gotbad-grade-so-he-got-constitution-amended-now-hesgetting-credit-he-deserves). The 27th amendment is not as important as any of the first ten, or the 14th Amendment that we’ll celebrate at next month’s Law Day festivities, but it does prohibit members of Congress from raising their own pay without giving the voters an opportunity to express their feelings about the raise at the ballot box. But the real story has nothing at all to do with the content of the law – the real story is the example that Gregory Watson gives us about what a good citizen does when he or she decides that the law should change: get the votes and get the law changed, or, more appropriately in the case of Gregory Watson, get the votes and get the law enacted…
the form of federal money, but many of those same officials have trouble following federal laws, from fundamental civil rights legislation in by-gone days, to uniform immigration laws today. It seems to me that if one wants to make federal laws, then one should run for Congress, or, like Gregory Watson, call every Congressperson and State Representative who will take your call until you either achieve your goal or realize that it’s not going to get the votes…. Because that’s what we do in a democratic republic. But the right answer is never to simply disregard the law. And I promise not to break the sound barrier on the way home tonight….
I wonder a lot about the disconnect in our country between local officials and federal law. All local officials want to receive Congressional largesse in
Please email Maxine Morrow if you would like to be added to any Committee list, to receive emails specific to that Committee. You will remain on your selected Committee(s) until you ask to be removed, with the exception of Bench/Bar and Lawyers Assistance, which are by appointment of the President. If you are interested in being considered for Bench/Bar and/or Lawyers Assistance Committee(s) for 2017-2018, please email Doris Barnes.
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C ALENDAR
2016-17 Officers President Pres-Elect Secretary Treasurer
Robert J. Thompson Adam T. Sampson Rebecca A. Fleming
Executive Council
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Hon. Keith R. Truffer Jay D. Miller Stanford G. Gann Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas
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Young Lawyers Bull & Oyster Roast and Silent Auction, 2-6 p.m. TICKETS ON SALE NOW, get your’s TODAY! Family Law: Joint Dinner w/BABC Family Law, 6 p.m., Hunt Valley Inn BCBA Executive Council Meeting, 8 a.m., Judicial Conference Room 412 Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office *Volunteers: Bruce Friedman, E. David Silverberg, Marty Voelkel-Hanssen Family Law: A Review of Recent AGC Cases, 6 p.m., Christopher Daniel Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 Women’s Law Center Wine & Chocolate, 6-8 p.m., Westminster Hall Running Club, 5:30 p.m., meet in Patriot Plaza at Courthouse Fountain Civility & Advocacy: Not Mutually Exclusive, 5 p.m., Courtroom TBD E&T: Clients with Diminished Capacity, 5 p.m., Grand Jury Room CLE: The Enneagram Personality System & The Law, 5 p.m., Grand Jury Room Pro Bono Clinic, 9:30 a.m. - Noon, Baltimore county Public Library, Owings Mills
Thomas S. Basham Committee Chair
May 2017
Annamaria M. Walsh Committee Vice -Chair
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Contributing Writers
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C. Theresa Beck Thomas H. Bostwick Catherine A. Dickinson Sondra M. Douglas Bruce E. Friedman Robert C. Lidston Gary Miles Margaret M. McKee Cecilia B. Paizs Jeffrey R. Scholnick Lisa Y. Settles Alexander C. Steeves Laurie Wasserman Catherine F. Woods Matthew I. Wyman The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate. Publication deadline: 10th of the month preceding publication.
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April 2017
Michael W. Siri
Hon. Vicki Ballou-Watts, Immediate Past President Alaina L. Storie, YL Chair
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Law Day: The 14th Amendment: Transforming American Democracy, 7:30 a.m. Breakfast at DLA Piper, Keynote Speaker: Judge Paul W. Grimm Law Day Noon Ceremonies, Ceremonial Courtroom No. 5, Towson Keynote Speaker: Prof. Garrett Epps BCBA Executive Council Meeting, 8 a.m., Judicial Conference Room 412 Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office *Volunteers: Brady Locher Running Club, 5:30 p.m., meet in Patriot Plaza at Courthouse Fountain Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 NIWC: Medical Malpractice, 5 p.m., Grand Jury Room Criminal Law: Administrative Law Hearings, 5 p.m., Grand Jury Room Solo & Small Firm: Financial Literacy for the Small Firm/Solo Practitioner, 12:30 p.m. Family Law: Annual Forum, Case & Legislative Updates, 4:30 p.m. BCBA Past Presidents’ Dinner, 6 p.m. E&T: Annual Dinner, 5:30 p.m., Country Club of Maryland COURTS & BAR OFFICE CLOSED, in observance of Memorial Day
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BCBA Annual Golf Tournament, Noon, Rocky Point Golf Course Beginners’ Clinic begins at 2 p.m. Both include lunch, dinner & awards 6 Judicial Portraits Unveiled: Judges Brannan,Jenifer and Jacobson, 4 p.m., Courtroom 12, Circuit Court for Baltimore County, Towson 8 Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 12 Maryland Judicial Conference - NO JUDGES AVAILABLE 13 BCBA Executive Council Meeting, 8 a.m., Judicial Conference Room 412 13 Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office 14-17 MSBA Annual Conference & Meeting, Ocean City, MD 21 Running Club, 5:30 p.m., meet in Patriot Plaza at Courthouse Fountain 22 Baltimore County Bar Foundation Meeting, 3:30 p.m., Ceremonial Ctrm. 5 22 BCBA Annual Stated Meeting & Reception, 4:30 p.m., Ceremonial Ctrm. 5 Reception immediately following meeting at Towson Tavern, York Road All Members invited - FREE event!
*If you are interested in volunteering for the monthly Lawyer in the Lobby, please contact Rachel Ruocco, 410-337-9103 x102
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COURT NOTICES
TIME TO WATCH MOVIES… AT THE DETENTION CENTER by Scott D. Shellenberger, State’s Attorney for Baltimore County Recently the Baltimore County Office of Information Technology (OIT) installed in the Baltimore County Detention Center equipment that will permit attorneys and their clients to view body worn camera videos. Three of the attorney/client booths have been equipped with a PC and two monitors. One monitor is for the attorney and another monitor pivots for the client to view the video. A speaker has been installed in the ceiling of the client side of the booths for audio. The videos can be accessed by a few different methods. There is web access to evidence.com and, therefore, attorneys will be able to go into the portal using the link our office provided in discovery. Attorneys will need to know their office’s user identification and password. A PC is also equipped so videos can play using a DVD or thumb drive that is brought to the jail; either the one our office supplied in discovery or one the attorney created by computer download. Other than telling the Detention Center employees that you need one of these equipped rooms, attorneys should not need any more assistance from the staff. On March 30, 2017, OIT conducted a test of all of the above with members of the Public Defender’s Office, Dan Trimble of my office and the Honorable Robert E. Cahill, Jr. All equipment is working well. Many thanks to the Baltimore County OIT Department and Randy Mentzell from the Baltimore County Detention Center for their quick action to solve this problem. If any attorneys have other issues concerning body camera videos that effect your ability to prepare your cases, do not hesitate to contact my office.
Maryland Judiciary Office of Communications and Public Affairs
New Harford County District Court Program Fights Opioid Dependency The District Court of Maryland, in an effort to provide an alternative to traditional incarceration for drug offenses, has launched the Adult Opiate Recovery Court in Harford County. Originally started as a drug treatment court in 1997, the newly redefined drug court is the first special docket in the state designed specifically for people facing opioid-related criminal charges. The opiate recovery court will provide supervision and structure while helping participants obtain the services they need to overcome dependency. Harford County District Judge David E. Carey serves as the presiding judge for the four-phase, 12-month program, which has grown from four to 10 participants. The opiate recovery court can accommodate up to 40 participants and features a 24-month aftercare plan. Continued on page 5
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COURT NOTICES
Mary Ellen Barbera, Chief Judge of the Maryland Court of Appeals, said, “This innovative program is part of the Judiciary’s ongoing commitment to serving communities and addressing unique local needs. By bringing together community service providers and working with our justice partners, we are collaborating to address a growing health crisis by giving people an opportunity to reclaim their lives. In doing so, we are helping to strengthen families and communities in Maryland.” The opiate recovery court’s mission is to provide a court-managed drug treatment and monitoring program that addresses rehabilitation in the form of medication and counseling for opioid-dependent participants as an alternative to traditional case processing. In order to receive entry into the program, a Harford County resident facing criminal charges stemming from opioid abuse must be diagnosed with an opioid dependency after completing a drug and alcohol assessment administered by a licensed treatment facility. John P. Morrissey, Chief Judge of the District Court of Maryland, said, “Placing someone in jail can separate them from the drug for a period of time, but to avoid recidivism we need to bring justice partners together and understand the multiple ways we need to address a person’s addiction. I am encouraged by the progress we have made early on, and I know the dedication Judge Hazlett and Judge Carey give to their courts will translate to making a positive impact in people’s lives throughout Harford County.” The opiate recovery court is one of Maryland’s 37 drug treatment courts, consisting of adult, juvenile, family recovery, and DUI courts. Drug treatment court programs are one way the Judiciary upholds its commitment to “be responsive and adaptable to changing community needs,” a stated goal in the Strategic Plan for the Maryland Judiciary. The Harford County Sheriff’s Office reports that there were 290 suspected heroin overdoses in 2016, with 56 fatalities, surpassing the 201 heroin overdoses and 27 fatalities in 2015. The Sheriff’s Office publishes updated overdose statistics on its website’s homepage every Monday. Susan H. Hazlett, Administrative Judge for the Harford County District Court, said, “By entering the Adult Opiate Recovery Court, people have a chance to get the help they need and change the direction of their lives. Opiate addiction is powerful. If they continue in their addiction, they will spend considerable time in jail or die from an overdose.” Judge Hazlett leads the opiate recovery court advisory committee, which consists of representatives from the Harford County Health Department, Detention Center, Office of Community Services, Office of the Public Defender, and Office of the State’s Attorney. From March 2016 to July 2016, the committee developed the program’s policies and process from best practices throughout the state. Judge Carey said, “The court’s management of this special docket allows for a comprehensive, medically guided process to fight addiction on a case-by-case basis over the long term. I commend our participants for taking these steps to overcome dependency. The demands we place on them are challenging but designed to give people their best chance to prevent further use and interaction with the court.” The Judiciary’s problem-solving courts are part of a network of specialty dockets responding to the underlying problems that bring people into court, such as drug or alcohol addiction, mental illness and/or family or personal issues. The courts combine ongoing judicial oversight with intensive treatment, supervision, and services through the collaborative efforts of the Judiciary, prosecutors, community corrections agencies, treatment providers, and other community support groups. Maryland’s first drug court was established in 1994 in the Circuit Court for Baltimore City.
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THE A-ZS OF QDROS by Angela J. Silverstein
The Family Law Committee held a dinner on February 23, 2017 at Fazzini’s in Timonium. The guest speaker, John Paliga, Esquire, provided insight into the world of Qualified Domestic Relations Orders and division of employee benefits. The discussion started off with a rule dubbed, “Leon’s Rule” which is, “QDROs should say only what is required.” Mr. Paliga discussed a recent case, Anheuser-Busch Companies Pension Plan v. Laenen, Case No. 4:15-CV-1005 CDP (E.D. Missouri February 16, 2017). In this case the Marital Settlement Agreement stated that Wife shall receive “one-half (1/2) of Husband’s pension upon Husband’s retirement, unless Wife remarries.” Husband insisted that the provision be put into the QDRO; the Plan refused to qualify the DRO and filed an interpleader. In the meantime, Husband remarried and subsequently died. The Anheuser-Busch case is an excellent example of a DRO having “too much” written into it. A Plan cannot be forced to do something that the Plan does not say it will do. In Anheuser-Busch the Court agreed with the Plan in not qualifying the DRO because it required the Plan to police something that had nothing to do with the administration of the Plan, requiring the Plan to do something it never said it would do. Keeping in mind that the marriage was a 30 year marriage and that it would be unfair for the first wife to get nothing, the court compelled the parties to file a “joint” proposal for resolution of the matter. This has not yet been resolved.
survivor or death benefit; 2) Separate Interest, a percentage of the benefit or account is transferred to a separate account for the alternate payee; and 3) Severed Interest, a discussion of which can be found in Einhorn v. McCafferty, Case No. 5:14-CV-06924 (E.D. Pa. March 31, 2016). The Einhorn case is an example of when a DRO did not say enough. In that case there was a long term marriage, the husband remarried and died before he retired; the Agreement stated that the first wife would get one-half (1/2) the pension, retroactive to the date of division – there was no language relating to the survivor annuity. The basic rule is that the parties have to agree that the alternate spouse gets a survivor annuity and there must be language in the Agreement to that effect, if there is not, the spouse does not get the annuity. Depending upon the plan, a survivor annuity can be divided. The practitioner should keep in mind the above rules; that a plan can’t be forced to do something they don’t say they will do and to reserve survivor benefits if they are part of the plan. In drafting an Agreement the Summary Plan Description should always be reviewed to determine what form of distribution is available to the spouse and whether a survivor annuity is available. Finally, in advising “participant” clients remember that ERISA plans are entitled to rely on their records; if the participant doesn’t change the beneficiary designation, the former spouse could still benefit.
Mr. Paliga advised that Department of Labor, that oversees ERISA plans, states that the death of a participant does not eliminate the possibility of a QDRO. So, just because the participant has died, does not mean the surviving spouse is left with nothing.
The next program for the Family Law Committee will be on April 12, 2017: A Review of Recent AGC Cases with Lydia E. Lawless, Esquire, Senior Assistant Bar Counsel, at Christopher Daniel Restaurant in Timonium, at 6 p.m.
The program ended with a discussion on the different forms in which retirement benefits can be divided. Benefits can be divided as follows: 1) Shared Payment (a.k.a “if, as and when”), paid as a dollar amount or percentage of the benefit; can include a
The Annual Family Law Forum will be held on May 18, 2017 beginning at 4:30 p.m. in the County Courts Building, with Magistrate Richard J. Gilbert and Richard B. Jacobs, Esquire speaking on recent legislative and case developments in family law.
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Committee News FLYERS for all programs can be viewed and printed from the BCBA website calendar (www.bcba.org). You can also elect to make a voluntary donation during any registration process to this year’s designated Charity - The Women’s Law Center. In advance, thank you for your generosity.
CLE COMMITTEE April 27, 2017, 5 p.m., The Enneagram Personality System & The Law. Speaker: William A. Stavros, Esquire
CRIMINAL LAW COMMITTEE May 17, 2017, 5 p.m., Administrative Hearings, presented by Neil I. Jacobs, Esquire, Seth R. Okin, Esquire and Leonard H. Shapiro, Esquire.
ESTATES & TRUSTS COMMITTEE
LAWYER REFERRAL & INFORMATION SERVICE Please note that the 2016-2017 Lawyer Referral & Information Service (LRIS) renewal information is now available. Click here to open and print out the application. If you are a current member, you must renew each year. If you are not a member of LRIS and wish to join, now is a great time! Contact Rachel Ruocco at 410-337-9100 or rachel@bcba.org if you have any questions about LRIS.
MEMORIAL & RECOGNITION COMMITTEE
April 26, 2017, 5 p.m., Diminished Capacity May 24, 2017, 5 p.m., Annual E&T Dinner and Legislative Update with Register of Wills Grace Connolly
FAMILY LAW COMMITTEE April 12, 2017, 6 p.m., A Review of Recent AGC Cases with Lydia E. Lawless, Esquire, Senior Bar Counsel, Christopher Daniel Restaurant, Timonium May 18, 2017, 4:30 p.m., Annual Family Law Forum, with Magistrate Richard J. Gilbert and Richard B. Jacobs, Esquire
LAW DAY COMMITTEE
Please notify Doris Barnes at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to the members. Thank you. Those members who will be honored at next year’s service on November 16, 2017, at 3:30 p.m., include: Judge Christian M. Kahl Constance K. Putzel Judge A. Gordon Boone, Jr.
COMMITTEE REPORTS
The 14th Amendment: Transforming American Democracy May 1, 2017, 7:30 a.m., Breakfast at DLA Piper. Speaker: Judge Paul W. Grimm May 1, 2017, Noon Ceremony & Awards, Ceremonial Courtroom No. 5, Towson
All Committee Reports, Chair and ViceChair contact information, upcoming programs and handouts from those programs already held this year can be found on the website at www.bcba.org.
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Committee News Negligence, Insurance & WC Committee
April 2, 2017, 2-6 p.m., Annual Bull & Oyster Roast, Towson American Legion
May 16, 2017, 5 p.m., Medical Malpractice Cases/ Opening Arguments
PRO BONO COMMITTEE April 29, 2017, 9:30 a.m. - Noon, Pro Bono Clinic, BCPL-Owings Mills. VOLUNTEERS NEEDED.
PROFESSIONALISM COMMITTEE
April 18, 2017, Noon, conference call May 16, 2017, 5 p.m., location TBD April 25, 2017, 5 p.m., Civility & Advocacy: Not Mutually Exclusive, Circuit Court for Baltimore County. Reception immediately following.
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May 10, 2017, 5:30 p.m., Running Club, Patriot Plaza. Drinks to follow at Towson Nacho Mama’s. June 21, 2017, 5:30 p.m., Running Club, Patriot Plaza. Drinks to follow at Towson Nacho Mama’s. Note change of week due to MSBA Annual Conference in Ocean City.
This committee will meet on the following dates:
PUBLIC AWARENESS COMMITTEE
April 12, 2017, 5:30 p.m., Running Club, Patriot Plaza. Drinks to follow at Towson Nacho Mama’s. April 25, 2017, 5 p.m., Civility & Advocacy: Not Mutually Exclusive, Circuit Court for Baltimore County. Reception immediately following.
Summer Dates for Running Club will continue on the second Wednesday of each month.
SPEAKERS
If interested in teaching opportunities next year (2017-18), please email Doris Barnes (doris@bcba.org) and ask to be advised when dates are selected. Prepared presentations are provided for each class.
SOLO & SMALL FIRM COMMITTEE May 18, 2017, 12:30 p.m., Financial Literacy for the Small Firm/Solo Practitioner
YOUNG LAWYERS COMMITTEE Running Club. We are aiming to have monthly runs the second Wednesday of each month, for anyone who is interested. For the upcoming cold months, meet in the lobby of 401 Washington Avenue (rather than at the courthouse fountain in Patriot Plaza). We recommend that runners bring reflective gear, headlamps, etc.
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Committee Planning Meetings will be scheduled during June and July. Dates will be listed here, and you will receive them by email. Please feel free to attend any planning meeting with ideas for programs speakers, and/ or venues.
April 2017
CIVIL LAW UPDATE by Ceecee Paizs
Review of the Amicus Curiarum for February 2017 revealed the following civil cases of general interest: COURT OF SPECIAL APPEALS: Nicole Pilkington v. Roman Pilkington, II, No 2766, September Term 2015, filed November 29 2016. Opinion by Leahy, Andrea, Judge The parties were married in Germany while Father was stationed there with the Army and Mother was a German national. One child was born to them, R.P. and another child, B.P. was not Father’s biological child, but whom he assisted Mother in raising. When the parties divorced in Colorado, Mother was awarded full custody of B.P. and primary physical custody of R.P. with visitation to Father. In addition, the order of divorce required court approval for either party to relocate R.P. unless the parties agreed to the relocation. In 2014, Mother unilaterally relocated to Germany with both children. Over one year later, Father brought the children to Maryland for a two month vacation and then filed ex parte petitions for emergency custody of the two children. After a hearing, the trial court ordered Father to return both children to their mother in Germany until the court could conduct a full trial. Mother did not return with the children for trial. The trial court heard argument from Father and then granted sole legal and primary physical custody of R.P. to Father. The Court of Special Appeals vacated and remanded the matter. The Court held that the trial court exceeded the jurisdictional restraints imposed under the Maryland UCCJEA by entering an order that modified the Colorado order when Maryland was the child’s home state and there was no other jurisdictional basis to modify that order under FL §9.5-203. The child did not reside in the state of Maryland for six months prior to the filing of the custody action, and therefore does not meet the “home state” within the meaning of the Maryland UCCJEA. The Court did find that the circuit court had the authority under
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Subtitle 3 of the Maryland UCCJEA to enforce the already-existing Colorado order, which Mother had likely violated. The case was remanded with instructions that the circuit court limit its order to its enforcement of authority. Review of the Amicus Curiarum for March 2017 revealed the following civil cases of general interest: THE COURT OF APPEALS: Attorney Grievance Commission of Maryland v. Dalton F. Phillips, AG No. 47, September Term 2015, filed February 22, 2017. Opinion by Barbera, Mary Ellen, Chief Judge Respondent Dalton F. Phillips, (“Dalton”) was admitted to the Maryland Bar in 1981 and worked with the federal government for over 35 years. Dalton’s son, Solon Phillips (“Solon”) completed law school in 2008 but was never admitted to the Bar of Maryland or any other jurisdiction. In 2009, after discussion the formation of the firm with Dalton, Solon filed Articles of Organization with the Maryland department of Assessments and Taxation establishing a law firm titled Phillips, Phillip and Dow, LLC which included Solon and a friend of his, Anthony Dow. In 2014, Solon sent a cease and desist letter on behalf of Crystal Meehan ordering Abigail Meehan, the current wife of Crystal’s ex-husband, to cease communicating with her and signed Dalton’s name to the letter. When Abigail attempted to contact the firm, she spoke with Dalton who indicated he knew nothing about the letter and that the firm was his son’s law firm. Abigail followed up by emailing a copy of the letter she had received to Dalton and asking him to confirm that he did not represent Crystal. Later, Dalton emailed Abigail stating that a junior attorney for the firm sent out the letter without advising him,
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against the firm’s practice, acknowledge that Crystal was a client of the firm and encouraged Abigail to cease communications with Crystal as directed in the letter. Subsequent email communication reached Solon, who emailed Abigail stating that the firm did not represent Crystal and her attempts to contact the firm bordered and harassment. Abigail filed a complaint with the Attorney Grievance Commission regarding Dalton’s conduct. During the investigation by Bar Counsel, Dalton refused to identify the “junior Attorney” referenced in his email to Abigail, and failed to reply to requests for a meeting with Bar Counsel. Bar Counsel 3ventuallyissued a subpoena for a statement under oath and Dalton filed a motion to quash the subpoena, which was denied. Dalton appeared for the statement under oath, review of which led the hearing judge to conclude that Dalton knowingly and intentionally testified falsely as to several matters and had violated several MLRPC.
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The Court of Appeals concluded that Dalton engaged in the practice of law in a law firm with a non- lawyer and ratified the unauthorized practice of law by Solon. Further, Dalton violated the MLRPC through his obstruction of the disciplinary process in numerous ways, and filed a frivolous motion to quash Bar Counsel’s subpoena. The Court assessed Dalton’s misconduct and aggravating factors, including his substantial experience in practice, his intentional and repeated falsehoods when testifying at the statement under oath and his bad faith obstruction of the disciplinary process and held that disbarment was the appropriate sanction.
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ongratulations Baltimore County Bar Association members receiving awards from The Daily Record:
LEADERSHIP IN LAW 2017 HONOREES Steven K. Fedder Richard S. Gordon Jeffrey H. Scherr Lisa Y. Settles Nicole Windsor
LIFETIME ACHIEVEMENT HONOREES Peter G. Angelos
TOP 100 WOMEN IN LAW Hon. Deborah Sweet Eyler Elizabeth A. Green Kristine K. Howanski Cecilia B. Paizs Jane Frankel Sims Michaelle Daughterty Siri T. Sky Woodward
April 2017
BANKRUPTCY—Chapters 7 and 13 1-800-BANKRUPT or 410-288-5788 Law Office of Nicholas J. Del Pizzo, III, P.A. STOP
Foreclosures Wage Garnishments Vehicle Repossessions Creditors Calls Judgments Lawsuits Free Consultation – Payment Plans
We are a Debt Relief Agency servicing all areas of Baltimore County, Baltimore City and Harford County – Over 1,000 cases filed.
Paul E. Alpert, Retired Judge Available for Mediation and Arbitration Former Judge of District Court, Circuit Court and Court of Special Appeals
410-484-2088
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THE PROFESSIONAL LAWYER by Paul J. Schwab
Lessons from Samuel’s Case. An attorney should work hard to properly serve the client. The savvy professional also takes steps to ensure payment of the fee. Early in my career Congress enacted significant changes to the immigration laws. Wanting to keep current on the law and thinking I might want to practice in that area, I attended a seminar on immigration law sponsored by the Maryland Institute for Continuing Professional Education of Lawyers, Inc. The presenters were an experienced private practitioner and Bob, an attorney with the Department of Justice who represented the Immigration and Naturalization Service (“INS”) in deportation and other cases. Among other things, Bob recommended that counsel contact the government’s attorney before any hearing. Samuel came to the United States on a student visa from Nigeria. After he overstayed his visa, INS began proceedings to deport him. Appearing pro se, he raised a number of objections and arguments. When he had just about reached the end of the process, he married Monique, an American citizen. Not surprisingly, the government was skeptical, challenged the “marriage” and a hearing was scheduled. If found to be an authentic marriage, Samuel most likely would be able to remain in the United States and become a permanent resident. Samuel hired me to represent him at the hearing. I agreed to be paid a retainer of half the expected fee and the balance after the hearing. From the seminar I had learned that INS would be making an unannounced visit to the marital home before the hearing and where to find examples of the types of questions that might be asked at the hearing. At that time, possible questions included which spouse slept on which side of the bed, when and what each spouse usually ate for breakfast, names of the other spouse’s siblings and attendees at the marriage ceremony. This background enabled me to advise the THE ADVOCATE
client to cooperate with the INS during its visit and to pay attention to routine matters with his wife. Bob was handling the case for INS and I contacted him well in advance of the hearing. This resulted in my learning of and being able to address a potential bombshell. Monique had a history. She had been arrested for solicitation, prostitution and drug offenses more than 25 times in the previous two years. Monique told me that she changed her life after she met Samuel and had not been arrested since, which was consistent with her record. The preparation and the information from Monique helped the hearing go well. In separate questioning, Samuel and Monique gave generally consistent answers. Monique acknowledged her record and explained how she changed her life and “got off the streets” after she met Samuel. The judge ultimately decided in Samuel’s favor. So by attending the seminar, contacting opposing counsel and preparing for the hearing, I obtained a great result for the client. But, I never received the balance of my fee. It was an important lesson learned the hard way—best practice is to require full payment before a hearing.
The Professionalism Committee will co-host, along with the Young Lawyers Committee, the following program: April 25, 2017, 5 p.m., Civility & Advocacy: Not Mutually Exclusive, Circuit Court for Baltimore County. Reception immediately following.
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Register today!
April 2017
ABA DELEGATE REPORT Judge Barbara Kerr Howe The American Bar Association convened for its Midyear Meeting in Miami, Florida, February 1 – 6, 2017. The conference had approximately 3,284 registrants and lawyers from across the country participate in hundreds of section, committee, task force, charitable group, and state bar leadership meetings that provided information and opportunity for 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 Monday, February 6, 2017. The Daily Journal of actions of the House of Delegates and the Select Committee Report can be
Charles W. Michaels, Esquire Trial Level and Appellate Level Research & Writing Trial Level Assignments, $150/hour Appellate Level Assignments, $200/hour 20 years experience with research and writing at all levels Invaluable assistance with trial-level pleadings, motions, memoranda and appellate brief drafting for Maryland appellate courts and Federal appellate courts Advance required.
found on the House’s Webpage. The Select Committee Report provides you with a more comprehensive summary of the newly adopted polices and all other activities and issues that were addressed at the House meeting. It includes copies of reports and resolutions, with a summary of action on each, and also provides video links to the 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. 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. I ask that you encourage other lawyers, especially those recently admitted to the bar, to join the ABA. Explain why you’re a member and the benefits you’ve found in ABA membership. Let them know that ABA Member Advantage includes savings and discounts for products and services of value for their law practice ranging from Travel and Lifestyle, Insurance and Finance, Office Products/Services, and Technology and Communications. I hope you will be able to join us at the ABA 2017 Annual Meeting to be held in New York, New York, August 10-15. Details on how to register for the 2017 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.
Contact 443-846-5207 or cwmichaels@earthlink.net References available upon request. Member, BCBA
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E&T: MARYLAND’S ABLE PROGRAM by Anne L. Preston On February 28, 2017, the Estate & Trusts Committee hosted a program on ABLE Accounts featuring Mary E. O’Byrne of O’Byrne Law, LLC. In 2015, Ms. O’Byrne was appointed to the Governor’s ABLE Task Force where she worked with representatives from state agencies, the General Assembly and the public on developing recommendations for establishing an ABLE program in Maryland. Ms. O’Byrne gave the Committee members an introduction of the ABLE program and discussed its potential uses in special needs planning. Maryland’s Achieving a Better Life Experience (ABLE) Act was passed into law in 2016. An ABLE account is a tax favored account for people with disabilities that is similar in some ways to a 529 College Savings Account. An ABLE account is considered an exempt resource for many means-tested public benefits, such as Supplemental Security Income (SSI) and Medical Assistance. Ms. O’Byrne pointed out that the SSI and Medical Assistance resource limits have remained at $2,000 since 1989 and have not been adjusted for inflation. ABLE accounts offer individuals with disabilities greater opportunity to control their own funds.
the individual’s disability. Withdrawals from an ABLE account for non-qualified disability expenses will result in taxable income and a 10% penalty on the amount of income withdrawn. When the account owner dies, assets in the ABLE account are subject to repayment to the Medical Assistance program for benefits provided during the period the account was in effect. Maryland’s ABLE program will likely be operational by October 17, 2017 and will be overseen by the Maryland 529 Board. ABLE accounts offer a helpful new planning tool which can complement the use of a special needs trust for people with disabilities, For more information, please see the Department of Disabilities ABLE Program webpage, http://mdod.maryland.gov/about/ Pages/Able-Act-Taskforce.aspx, or contact Ms. O’Byrne at mary@obyrnelawoffice.com.
ABLE accounts are only available to disabled individuals who became disabled before the age of 26. An individual may have only one ABLE account. The disabled individual is considered both the owner and the beneficiary of the account. The owner and third parties may contribute to an ABLE account. The maximum contribution to an ABLE account in one year is capped at the Federal gift tax exclusion, which is currently $14,000. The contribution limit is per account not per donor. In addition, the lifetime contribution limit for an ABLE account in Maryland is currently $350,000. However, SSI will consider the assets in the account as a countable resource when the account balance exceeds $100,000. The SSI benefits will be suspended until the balance returns below $100,000. Medicaid benefits will not be affected by this limit. Income earned in an ABLE account is not taxable so long as withdrawals from the account are used for “qualified disability expenses” such as basic living expenses, medical care, goods and services related to
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M
ark your calendars.
The BCBA Stated Meeting will be held at 4:30 p.m. in Ceremonial Courtroom No. 5 on Thursday, June 22, 2017. The Annual Reception will be held immediately following the June meeting.
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Continued on page 22
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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. GARY MILES, Chair RICHARD LYNAS, Vice-Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA JIM QUINN BILL SALTYSIAK MARK VAN BAVEL
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443-632-1760 410-288-1099 410-832-7579 410-241-8538 410-649-2000 917-226-6472 410-951-7165 443-851-7353 410-733-3306 410-583-6969 443-703-3041 410-583-8883 410-337-5291
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Signature Sponsors
LAWYER IN THE LOBBY CLINIC 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. If you are interested in staffing the Clinic, please call Rachel M. Ruocco at 410-337-9100 or email rachel@bcba.org. Jerry Blake Julius Blattner Jessica Corace Keith Franz Bruce Friedman Bambi Glenn Valerie Ibe Michael Jeffers Fu-Mei Jiang Richard Lebovitz Craig Little Brady Locher
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Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Lynne Peace Larry Polen E. David Silverberg Brian Tillman Rob Tully Michelle Valenti Jordan Watts
The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This single-tier program provides more engagement between our sponsors and our members. Each Signature Sponsor can host an event during the year, thereby reducing the cost of the event for members while providing added benefits. Sponsorships help the Bar Association maintain its current dues level despite the increasing costs of providing topshelf 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).
Please join us in welcoming these sponsors and consider their services when you need them. Their ads are throughout each issue of The Advocate, distinguished by the gold ribbon that accompanies the ad. Please let them know you appreciate their support. Thank you.
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New Hire? Office Relocation? Place your ad in The Advocate. Reasonable rates. Design assistance available. Contact Doris Barnes 410-337-9103 x101 doris@bcba.org
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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
Don’t miss items included in this issue: Pg. 6 - Save the Date Flyer Pg. 8 - Women’s Law Center, Wine & Chocolate Event Pg. 9 - Law Day Registration Flyer Pg. 19 - Golf Registration Flyer
MEMBER ADVERTISEMENTS Conference Table, 15’x5’, dark wood; needs to be moved by June 1st. Call Gene Miles, 410-828-1050. Seeking part-time legal work. Semi-retired criminal defense attorney seeking part-time work. Flexible hours and days. Willing to do office work, but can do much more if needed. Reasonable hourly rate. Towson to Hunt Valley area. Please call Carol at 443-694-1287. Towson. Furnished, interior office available for sublet.
Includes use of conference room, reception area, kitchenette, and internet. Possibility of referral/subcontractor work. Walk to both Towson courthouses. Contact Meredith Martin: 410-970-6495 or mm@meredithmartinlaw.com. Towson Office Space. Offices for rent in the heart of downtown Towson, overlooking the Old Courthouse. Receptionist, copy machine, conference facilities, nice people and other amenities. If interested, please contact Matthew Ortega at 443-921-8161 x407, for details. Maryland Reports, Volumes #1 to #345. Walnut looking book case included. Currently located in Pikesville area. $350 or best offer. Gerald Zimlin, zimlinlaw@comcast.net , 410-686-1911. Towson. Office space available in First-Class Suite directly across from the Towson District Court. Parking, use of conference rooms, library, receptionist, etc. included. Contact Keith at 410-821-6800. Middle River. Professional space, share office. Use of conference and waiting rooms, copy and fax machine, and internet. Free parking. Available immediately. Contact Jerry at zimlinlaw@comcast.net or call 410-686-1911. Towson. Window office space (and interior office space) available for subtenant with boutique litigation firm loctated in top floor of the PNC Bank building, 409 Washington Avenue, Towson MD. Panoramic views of Towson overlooking Courthouse Gardens. Use of newly furnished large glass conference room and other support available depending on individual needs. Contact Adam at 410-823-5003 or adam@spencefirm.com. Owings Mills. Office space available in a small law firm, perfect for a solo practitioner. Includes use of conference rooms, waiting area, photocopier/fax/scanner, utilities, plentiful free parking, and congenial atmosphere. Located just off Red Run Blvd., near I-795. Contact Andy Hermann at ahermann@LMCPLAW.com or 410-998-1198.
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