THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVI, NO. 10
April 2018
PRESIDENT’S MESSAGE by Adam Thomas Sampson You are receiving this message because you are a member of the BCBA. As such, most of you already know the benefits membership affords; but, perhaps, many of you do not. With the weather warming, and spring cleaning underway, let me suggest now is the time to consider becoming more involved with your BCBA, and to recruit new members. With over 2,000 members from diverse backgrounds, and twenty-six committees, the BCBA provides opportunities for serving your profession and local community, continuing legal education, and networking, to name a few. The mission of the BCBA is to serve as a leader in advancing excellence, ethical conduct, professionalism and public responsibility in the legal profession; to improve the efficiency, fairness and accessibility of our system of
justice for all citizens; to increase the public’s understanding and appreciation of our profession and our legal system; to use our collective resources to improve the well-being of our community and its citizens, especially our youth; and to identify and support the needs of a diverse membership and foster an environment in which members experience a sense of fulfillment and satisfaction in the practice of law. We live that mission throughout the Bar year. Just in April alone, take, for example, the Young Lawyers Bull Roast. Chair Craig Borchers, Co-Chair Whitney Wilder, and members of their committee planned a fantastic event that brought together members and their families for a good time while in the process raising over $6,000 for our designated charity,
Inside This Edition Annual Sponsors Bull & Oyster Roast Calendar of Events Committee News County Council Update Court Notices District Ct Assignments Golf Tournament Judicial Portrait Fund Law Library Member Ads Members on the Move Pro Bono Clinic Professionalism YL Chamber Chat
Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg Pg
30 16 3 20 6 4 4 8 5 26 32 18 9 12 13
cont’d on page 2
Howard Bank THE ADVOCATE
Page 1
April 2018
PRESIDENT’S MESSAGE by Adam T. Sampson Show Your Soft Side – a public service campaign to change the mindset of young people who all-toooften view the maiming and torturing of defenseless cats and dogs as a sign of “toughness” or “manhood.” The Bull Roast highlights the opportunity for networking, family fun, and service to the community. Earlier this month, our Family Law Committee brought together members and judges from Baltimore City, Baltimore, Carroll, and Harford & Howard Counties for the Multi-Jurisdictional dinner hosted by our BCBA. Special thanks to Amy Feldman, Family Law Chair, and Laurie Wasserman, Program Chair, for putting together this panel discussion led by a Family Law judge from each of the counties, including our own Judge Ruth Ann Jakubowski. With one hundred attendees from the various jurisdictions, this event again demonstrated how our Family Law Committee continues to be a leader in the BCBA by promoting continued education, collegiality, and professionalism. Also, in furtherance of the BCBA’s mission, as my term winds down, we will be adding photographs in the area outside of the Bar Office to reflect the diversity of our membership and foster an environment in which all members, and the public, may experience a sense of fulfillment.
Click the image above for a link to Caroline Griffin’s blog
Calling all collectors … if you have Law Day buttons older than 1996, we would be happy to add them to our display. Please drop them off at the Bar Office, thanks!
If you are interested in joining a BCBA committee and/or assisting with an event, please contact our Executive Director, Rachel Ruocco. And please remember to register for the Law Day events (May 1 breakfast and noon programs) and the Golf Tournament (June 7). Adam T. Sampson BCBA President, 2017-2018
THE ADVOCATE
Page 2
April 2018
C ALENDAR
2017-18 Officers President Pres-Elect Secretary Treasurer
OF
E VENTS
Adam T. Sampson Rebecca A. Fleming Michael W. Siri Jay D. Miller
Executive Council Stanford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr.
Robert J. Thompson, Immediate Past President Craig R. Borchers, Young Lawyers Chair
The Advocate David F. Luby Committee Chair Ari J. Kodeck Committee Vice -Chair
April 2018 5. 8. 12. 17. 17. 19. 19. 24. 25. 26.
5pm, Family Law, Spring Mini-Series Parenting Plans, Grand Jury Room. 2pm, Young Lawyers Bull & Oyster Roast, Towson American Legion. 5:30 pm, Family Law, Multi-Jurisdictional Judges’ Panel, DLA Piper, 6225 Smith Ave, Baltimore. 8am, Family Law, Town Hall Meeting, Courtroom 19 5pm, Professionalism & Young Lawyers, Civility & Professional Responsibility, Towson Tavern. 5pm, CLE, The Enneagram Personality System & Conflict Resolution, Grand Jury Room. 5pm, Young Lawyers Thirsty Third Thursday Happy Hour, 7 West. 5pm, Bar Foundation Wine Pairing Fundraiser, Towson Tavern 5pm, Estates & Trusts, Guardianships, Grand Jury Room. 1pm, Solo & Small Firm, Effective Ways to Grow Your Practice, Grand Jury Room
Contributing Writers Thomas H. Bostwick Mariela C. D’Alessio Justin E. Fine Bruce E. Friedman Laura C. Jenifer William R. Levasseur, Jr. Margaret M. McKee Hon. John J. Nagle, III Cecilia B. Paizs Kimberly K. P. Rothwell Jeffrey R. Scholnick Scott D. Shellenberger Alaina L. Storie Craig Ward Laurie M. Wasserman Whitney E. Wilder 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.
May 2018 *If you are interested in volunteering for the monthly Lawyer in the Lobby, please contact Rachel Ruocco, 410-337-9100
1. 7:30am, Law Day Breakfast, Martin’s Valley Mansion 1. 12pm, Law Day noon program, ceremonial courtroom #5 3. 5pm, Family Law, Spring Mini-Series Parenting Plans, Grand Jury Room. 9. 5pm, Estates & Trusts, Legislative Update, Grand Jury Room 15. 12pm, Real Property, Land Records E-filing, Grand Jury Room 17. 4:30pm, Family Law, Legislative & Case Law Update, Courtroom TBD 17. 5pm, Young Lawyers Thirsty Third Thursday Happy Hour, 7 West
The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate. Publication deadline: 15th of the month preceding publication.
THE ADVOCATE
Page 3
April 2018
COURT NOTICES
Judges, Magistrates and all, The Circuit Court Bench has adopted a policy to prohibit smoking on the portico surrounding the Courthouse including the steps. The purpose of the policy is to promote the health of the employees and visitors to the County Courts building. That policy will go into effect on Monday April 2, 2018. During Plaza construction persons wishing to smoke will be directed to the Pennsylvania Avenue side of the courthouse where there is an ashtray. No smoking signs will be placed all around the portico and on the Bosley Avenue entrance to advise the public. The Sheriff’s Office will enforce the policy. Tim Sheridan, Court Administrator
THE ADVOCATE
Page 4
April 2018
THE ADVOCATE
Page 5
April 2018
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 (Comcast & Verizon channel 25). The Council’s Website at www.baltimorecountycouncil.org provides helpful information as well. At its March 5, 2018 Legislative Session, the Council approved Bill 6-18 – Administrative Hearings – Notice – The Bill amends the notice requirements for zoning and development hearings. Current law requires notice of zoning hearings to be conspicuously posted on the property for a period of at least 20 days before the date of the hearing, and published in at least one newspaper of general circulation at least 20 days before the hearing. It is also requires that notice be posted on the County's internet site, but is not specific as to where on the County website and for how long. Bill 6-18 requires the notice on the internet to be specifically posted on the “Zoning and Development Hearings Calendar” and the “Community Update Newsletter” webpages for at least 15 days before the hearing. Current law also requires that notice of the Hearing Officer's Hearing (“HOH”) be conspicuously posted at least 20 working days before the hearing, and for a period of at least 15 days before the hearing. The Hearing Officer may not consider the Development Plan unless the property subject to the plan has been posted accordingly. Although it has been the practice of the Department of Permits, Approvals and Inspections to post notice of the HOH on the County’s internet site, there is no legal requirement to do so. Bill 6-18 makes the specific internet posting requirements set forth above for zoning hearings applicable to HOH’s as well. Finally, for zoning hearings, Bill 6-18 adds language to the notice requirements that if not posted properly, the AdminisTHE ADVOCATE
trative Law Judge cannot consider the zoning petition, and also requires two certificates of posting – one at the beginning of the posting period and one within five days of the hearing. At its March 19, 2018 Legislative Session, the Council approved Bill 10-18 – County Budget – On or about April 15th of each year, the County Executive presents the County’s upcoming Fiscal Year Budget to the County Council for its consideration. The County Council is required to hold a public hearing prior to its consideration of the Executive’s proposed budget; however, pursuant to the County’s Charter, the Council’s authority over the budget is somewhat limited. It may approve the budget as submitted or it may decrease the budget, but it cannot increase the budget. Bill 10-18 requires the County Executive to hold at least two public meetings on the proposed annual budget. The bill requires that, at least 30 days but no more than 90 days prior to the submission of the proposed budget to the County Council, the County Executive shall hold at least two public meetings in separate geographic locations in the County to hear testimony and receive input from the public on the budget. The intent of this legislation is to encourage citizens to provide public input on what they believe should be budget priorities before the budget is finalized by the Executive and submitted to the Council. Appointment – On March 19, 2018, the Council also unanimously confirmed the re-appointment by Councilman Tom Quirk of Maureen Murphy to the Baltimore County Board of Appeals for a three-year term. Ms. Murphy has served on the Board of Appeals for a number of years on behalf of the First Councilmanic District. In addition, Ms. Murphy operates a general practice law firm in Catonsville with her father John V. Murphy, a former Councilman and Deputy Zoning Commissioner. The Board of Appeals presides over administrative appeals, generally involving decisions of County agencies. The Council offers its sincerest congratulations to Ms. Murphy on her re-appointment to this important appellate body. Page 6
April 2018
THE ADVOCATE
Page 7
April 2018
THE ADVOCATE
Page 8
April 2018
THE ADVOCATE
Page 9
April 2018
EFFECTIVE USE OF TAX RETURNS IN FAMILY LAW CASES by David D. Nowak A party’s tax returns can yield a treasure trove of valuable information the family law practitioner can utilize for their client’s case. Whether you are searching for income information in a child support or alimony case or searching for assets in a divorce case, the effective use of tax returns is an inexpensive and vital skill for practitioners. This article will help direct your attention to some of the commonly used sections of a 1040 tax return and provide some general guidance as to the usefulness of the information in these sections. A party’s tax returns are an excellent starting point for further investigation of a variety of issues that may arise in your cases. Be warned that tax returns can reveal as much as they obscure, due diligence is required to verify the data in a tax return from source documents to ensure accuracy. 1040 Page 1 Income: Page 1 of form 1040 shows the gross income from all sources. For child support and alimony cases, the actual income of a party can be determined by including a party’s income from employment, interest earned and dividends, rent, retirement accounts and other sources. By comparing the figures on these forms with various account statements and bank statements, a practitioner may find undisclosed assets that generate income. A good practice is to request all supporting documentation the party used to arrive at these figures to investigate the full financial picture of a party. Some documentation that you should expect as “attachments” to a 1040 tax return are the W2 from the employer, 1099-MISC for income earned as an independent contractor or receiving payment for freelance work, 1099-INT to report interest income from bank accounts., 1099-DIV for the receipt of dividends from investments, 1099-C is used to report cancelled debt that a party may have to pay taxes on as income, 1099-R lists distributions from retirement accounts, annuities, and pensions. All of these tax documents should be compared to the source documents such as account statements and bank accounts. THE ADVOCATE
In addition to wage income and income from investments, if a party has taken a distribution or roll over from an IRA it will appear on page 1. If those sections are completed, further inquiry must be made as to the whereabouts of those funds and whether they are marital property and the basis for a possible dissipation claim. Practice Tip: Do not rely solely on the 1040 tax return to determine a party’s income. For example, Line 7 of the 1040 for Wages, Salaries and tips is derived from Box 1 of the employee’s W2. A practitioner must review the W2 to compare the wages, tips, and other compensation from Box 1 and compare that figure to the possible larger income figures in boxes 3, 5 and 7. Since Box 1 does not include pre-tax retirement and pre-tax benefit deductions, the “income” in box 1 is generally lower than the “total income” earned in the year. If the practitioner solely relied on Line 7 of the 1040 without reviewing the W2, thousands of dollars could be left off the table when calculating child support or spousal maintenance. Adjusted Gross Income: Also on page 1 you will see various expenses that reduce a party’s taxable gross income and may lead to the discovery of additional assets. For example, you may find that the party has a Health Saving Account or retirement accounts by the deductions claimed in this section to fund those assets. The Schedules: Each section in Page 1 refers to the various schedules that are typically attached to the 1040 with more detailed information used to calculate the ultimate figures used on page 1. The schedules and the supporting documentation to complete the schedules must be obtained to drill down to the details of each calculation. The supporting documentation will reveal the genesis of these figures, usually in the form of a 1099 issued from a financial institution, which may be subpoenaed for further investigation of income and assets.
Page 10
April 2018
EFFECTIVE USE OF TAX RETURNS IN FAMILY LAW CASES by David D. Nowak Schedule A lists Itemized Deductions that serve to reduce a party’s tax liability. Comparing these figures with a party’s financial statement in an alimony case, and against the supporting documentation may lend support to an argument that a party’s expenses are reduced by income tax savings. Tax savings from medical expenses, charitable giving, real estate property taxes and interest payments on certain real property among other savings appear on Schedule A and should be scrutinized closely. Schedule B Interest and Ordinary Dividends. This schedule includes lists of banks, brokerage firms, mutual funds and foreign accounts and trusts. Schedule B can serve as a preliminary asset search to identify marital property not disclosed by a party and possibly overseas assets. Schedule C Profit and Loss from Business. If a party owns a business as a sole proprietor, their net income from their business venture may be decoded by reviewing this schedule. You can determine the accounting method used by the business, cash basis (when payments are received and expenses are actually made) versus accrual basis (when revenue is earned not received and expenses when they are incurred not actually paid) from line F. The gross receipts of the venture and expenses claimed are in Part 1 and Part 2. Gross receipts need verification through discovery requests to obtain 1099s, bank statements, invoices, deposit slips and receipts to ensure all gross receipts are claimed, including cash payments which may be invoiced but have no corresponding bank deposit. Comparing the expenses in Part 2 with supporting documentation is vital to ensure an accurate picture of a self-employed person’s actual income. A selfemployed person may deduct personal expenses from their gross receipts resulting in the appearance of reduced income. The practitioner is cautioned to THE ADVOCATE
investigate the claimed expenses and review all expenses especially if automobile expenses are claimed, along with insurance payments (Line 14 and Line 15), lease payments, and even housing expenses like mortgage payments, depreciation, and utilities on the marital residence if a home office is claimed as a business expense (look for form 8829 for Expenses for Business Use of Home). The attorney should compare these “write-offs” with a party’s long form financial statement to deduce an accurate income picture of the party. A review of the company’s general ledger should indicate the nature of the specific expenses and whether the claimed expenses are actually for business or personal use. This especially the case for Line 24 “Travel, meals, and entertainment.” If the claimed business expense reduces a party’s living expenses it may be added back to income when calculating child support or income for alimony. A year-by-year comparison of these expenses should also be conducted to determine if the yearly expenses vary in any significant way. A marked increase in expenses from previous years should raise suspicions and further inquiry into the specifics of claimed expenses. The bottom line for review of a Schedule C is verify, through carefully crafted discovery requests, depositions and subpoenas, the nature and description of each claimed expense to accurately determine the self-employed person’s actual income for child support and/or alimony. Postscript: As of the drafting of this article Congress is debating significant changes to the tax code that may change the amount and type of deductions an individual may take and which may drastically change the forms used when filing taxes. The practitioner is urged to stay current on these changes and review tax returns with a CPA or tax professional to understand the full implications of these changes in the tax code.
Page 11
April 2018
PROFESSIONAL TIPS FOR MILLENIAL LAWYERS by Carolyn H. Thaler The availability of jobs for new attorneys entering the profession has greatly diminished in recent times. I believe the millennials have to work harder. The baby boomers are slowly retiring so more jobs will come available. The millennials will become more active because they have the skills the market place needs now, technology and social media. Here are some tips from my experience as an attorney entering the profession many years ago which may be a help for those entering today’s workplace. Ten Rules to Follow: 1. First of all, check the Maryland statutes and the Maryland Rules of Procedure before you do anything. As you know, they change every year and you don’t want to be called out with incorrect and outdated information.
voicemail and unless text messaging is specifically initiated by your colleague or client, do not use text messaging as your communication medium. 8. Treat all staff, whether in the courthouse or your office, with respect and courtesy. Secretaries and court personnel will tell the judge if you are rude and inappropriate. 9. Always follow the ethical path. There are many ethical rules that apply to attorneys, some of them common sense, others are not. Learn and apply these ethical rules to your daily practice.
10. If you do not have a mentor, find one. Find someone that can offer you career advice, sponsor your success and stay a friend to guide you through your career. Often times there are attorneys retiring from practice who would be able to mentor to some2. If you decide to take a case, make sure you one who is just starting out. understand the issues involved with your particular client. Do not assume that the information they give It’s a wonderful profession; work hard and you will you is all inclusive. Ask questions, never assume. be well rewarded. 3. Obtain good quality professional liability insurance for both your protection and your client. 4. If you don’t know the answer to a potential question, there are list serves for various Bar sections including Family Law and others that can be of help. 5. Be aware of your professional attire, it is important to come appropriately dressed. If you going to a job interview, make sure you are polite and always send a handwritten thank you after that meeting. Do not dress like you are on your way to the beach. Do not call your potential employer by their first name unless invited to do so. 6. Spell and grammar check everything. There is no excuse for poor spelling and grammar. Always proofread your work before you submit it to a court or client. 7. Respond to communications promptly and respectfully in the same medium you receive them. In other words, do not e-mail a response to a THE ADVOCATE
Page 12
April 2018
CHAMBER CHAT WITH JUDGES CAVANAUGH AND TRUFFER By Craig R. Borchers On March 29, 2018, the Honorable Colleen Cavanaugh and the Honorable Keith Truffer hosted a group of young lawyers to a chamber chat in the Circuit Court Judicial Conference room. Over sandwiches and cookies, the young attorneys in attendance were treated with a wonderful opportunity to speak casually and informally with the judges and get to know them on a more personal level.
When it comes to courtroom practice, preparation can pertain to any number of issues. The discussion covered preparation topics ranging from properly tabbing exhibits and having a courtesy copy for the judge, on the administrative end, all the way to being prepared with multiple evidentiary bases for each piece of evidence you seek to admit, on the substantive end.
Judges Truffer and Cavanaugh were able to pull from their experience both as members of the bench as well as in private practice to offer insight and advice on the cornerstones of establishing a good practice. Much of the afternoon’s discussion focused on preparation and civility. Both judges stressed the importance of preparation in all aspects of practice, and in the courtroom in particular. Judge Cavanaugh made reference to Judge Ensor’s “4-P’s” – Be prompt; Be prepared; Be pleasant; and Be polite. This simple rule can be applied universally to your benefit. Judge Truffer further supported the notion of preparation by emphasizing that you will never regret being over prepared for a particular situation.
With respect to civility, the judges both stressed the importance of maintaining a civil discourse with everyone you come across in the course of practice. Whether it be opposing counsel, opposing party, your client, an expert, court reporter, courthouse staff, clerk, witness or the judge, your reputation is largely measured by how you treat others. Once again, Judge Ensor’s 4-P’s come into play. As many of us have frequently told clients, anything you write should be written as if it will be read by a judge. This advice is equally, if not more important for communication between the attorneys, and should go one step further to cover non-written communications as well. As far as pet peeves are concerned, the judges both discussed a failure to proofread as well as in-court theatrics; two things they encounter all too frequently. An attorney needs to maintain a steady demeanor regardless of whether you receive a favorable or unfavorable ruling. This remains true whether it be a single objection or final ruling. The huffing and puffing upon an unfavorable call, while likely never appropriate, is more acceptable on the beer-league softball field, and best kept out of the courtroom. As has been consistent with previous chamber chats chats of the past, this was a great experience for everyone who was able to attend. A special thanks to Judge Cavanaugh and Judge Truffer for giving of their time and experience. Keep an eye out for future chamber chats on the calendar, and if you are able to attend, I would highly recommend doing so.
THE ADVOCATE
Page 13
April 2018
BURNIN’ DOWN
THE
HOUSE/
THE ROOF, THE ROOF, THE ROOF WASTE/WASTING
OF THE
IS ON
FIRE:
MARITAL HOME
by Roger Munn On March 15th, the Family Law Committee presented a seminar on waste/wasting of the marital real property. The categories and types of waste/ wasting were discussed, active v. passive, waste by action, and waste by inaction. Rather than distinguish between the types of waste in pleadings or motions, it was recommended that “waste/wasting” be used without distinguishing between active or passive as both types require intent or neglect by the “wasting spouse”.
under a deed of trust given as security for the payment of a debt or the performance of an obligation, any other person in possession of land, any life tenant, tenant for years, tenant at will, periodic tenant, tenant in common or joint tenant, who, without express or implied authorization, commits or permits waste is liable for the actual damages suffered by the property. An action may be maintained against the person even though he later may grant or assign his interest or estate in the land.
Because the waste claim survives the sale or Black’s Law Dictionary defines “waste” as foreclosure of the real property, the issue of timing for follows: filing a waste claim is not as pressing as a practitioner would initially presume. The timing of filing was In the law of mortgages, any of the following acts by discussed in the seminar and there are cases in which it the mortgagor may constitute waste: (1) physical is beneficial to file earlier (to prevent immediate damage, whether intentional or negligent, (2) failure damage) or later (when the damages are more to maintain and repair, except for repair of casualty significant but more easily determined). There are damage or damage caused by third-party acts, (3) several motions or pleadings available to initiate a failure to pay property taxes or governmental waste-claim with the Court, however, the most assessments secured by a lien having priority over appropriate pleading is a motion for injunctive relief. the mortgage, so that the payments become delinquent, (4) the material failure to comply with mortgage covenants concerning physical care, Specifically, Real Property 14-102 (b) provides: maintenance, construction, demolition, or casualty insurance, or (5) keeping the rents to which the (b) If waste is committed after an injunction to stay mortgagee has the right of possession. See Black’s waste, the court shall ascertain the damage done by the Law Dictionary 1727 (9th ed. 2009). waste, by affidavit or other proof as the court determines necessary, and may fine the Defendant to the extent of double the damage ascertained. If the final judgment is in favor of the injured party the court The relevant statute for a waste claim is not may determine the amount to be paid to him and the contained in the Family Law Article, rather the Real remainder shall be applied as a fine. The court may Property Article addresses the remedies for a spouse imprison a person who does not comply with the order committing waste of real property. to pay and may issue execution in the name of the State for its collection. Pursuant to Md. Code Ann., Real Property 14-102 (a): The remedies available to the non-violative spouse for the wasting spouse’s injunction violation are substantial, with a potential for double-damages and/or (a) Damages. -- Any mortgagor, including a grantor THE ADVOCATE
Page 14
April 2018
incarceration. The seminar attendees discussed the determination of damages in a waste-claim, as well as the ease and difficulty of the calculation- “passive” waste cases typically being more difficult to establish, and “active” waste cases typically easier to determine the longer the waste continues. To establish damages, the complainant will need settlement sheets and packets, bank records, payment history, and other financial documents, as well as experts to corroborate the damages- appraisers, real estate agents, contractors, and/or title attorneys/agents. A waste-claim is an excellent option for protecting one spouse from the other who is intent on damaging what could be their largest asset and who is intent on inflicting mutual losses. Maryland law provides protections for the adversely affected spouse from the waste/wasting of the marital home and the offending spouse should think twice about his/her choices in harming their collective finances.
OFFICE FOR RENT Near Courthouse
BEL AIR Your Law Office can operate while you are conducting business. Large professional office located at 5 South Hickory Avenue, Bel Air including office, receptionist service, library/conference room, courier service, copying & fax equipment, phone equipment/ system, janitorial service, utilities, and employee parking. Internet available. Immediate availability. $650.00/month.
Call (410) 879-3300 to speak with Max Miller or (410) 879-2100 to speak with The Family Law Committee appreciates your Kevin Olszewski. continued support and thanks the attendees for their participation and their thoughtful questions.
THE ADVOCATE
Page 15
April 2018
YOUNG LAWYERS BULL & OYSTER ROAST, APRIL 8, 2018 On April 8,2018, as the temperatures budged above freezing, the Annual Young Lawyers Committee Bull & Oyster Roast and Silent Auction kicked off with a hot crowd! Activities included the money and stuffed animal wheel, silent auction, 50/50, and raffle. There was also plenty of good food provided by Atlantic Catering, while great music was provided by DJ Ryan Walburn an face painting by Irene from Annapolis Henna. New this year, attendees were treated with a Crush Station featuring orange and grapefruit crushes. Celebrity bartenders from the Young Lawyers section expertly crafted the delicious drinks. Contestants were revealed and voting kicked off for the Cutest Pet Contest as well. A great showing of members of the bench and bar, with their friends and family, came together to support the BCBA's chosen charity, Show Your Soft Side. This event would not be possible without the generous donations from local businesses, firms and practitioners, as well as the many volunteers who helped pulled it all together. As a direct result of this generosity and effort, the Young Lawyers section will be contributing $6,404 to the BCBA’s annual charitable donation. Thank you to everyone who donated, volunteered, attended and bid on silent auctions items. This event has proved once again to be one of the highlights of the BCBA’s annual calendar, and we look forward to next year’s event being as enjoyable.
THE ADVOCATE
Page 16
April 2018
YOUNG LAWYERS BULL & OYSTER ROAST, APRIL 8, 2018
THE ADVOCATE
Page 17
April 2018
MEMBERS ON THE MOVE
Bankruptcy and Restructuring Attorney Joins Opening of New York Office for Whiteford, Taylor & Preston March 27, 2018 – New York—Whiteford Taylor & Preston announced today that Kenneth M. Lewis, an experienced New York-based bankruptcy and restructuring attorney, has joined the firm as a partner and will reside in the firm’s newly opened New York office. “Ken Lewis is a longtime friend and colleague in our practice and he has decades of experience in the New York area,” said Paul Nussbaum, Chair of Whiteford’s Business Reorganizations and Bankruptcy Litigation Group. “He is a terrific addition to our national bankruptcy practice.” Martin Fletcher, the firm’s Managing Partner, added, “We have long been active in New York. Opening offices there is a natural development for our firm and bankruptcy practice in particular, and also our growing Mid-Atlantic footprint.” At Whiteford, Mr. Lewis joins a bankruptcy team that Chambers USA describes as “[o]ne of the go-tos for any bankruptcy." With more than 30 years of experience as a bankruptcy attorney, he has been involved in hundreds of bankruptcy cases, representing virtually all constituencies in bankruptcy proceedings and out-of -court workouts. He advises public corporations, as well as small businesses, lenders, asset purchasers, landlords, municipalities, officers and directors, trustees, and plan administrators. He also serves as a mediator for the U.S. Bankruptcy Court for the Southern District of New York. Mr. Lewis currently serves as treasurer and executive board member of the Association of Commercial Finance Attorneys. “It is an absolute privilege to open the firm’s first New York office,” said Mr. Lewis. “I am joining a practice I already know well, anticipate a seamless transition for my clients, and am excited to be joining forces with some of the best bankruptcy lawyers in the business.” In addition to Mr. Lewis, since 2015, the firm’s Bankruptcy practice has added a dozen attorneys, including: Michael J. Roeschenthaler and Dennis R. Very in Pittsburgh, PA; Nelson C. Cohen in Bethesda, MD; David R. Kuney in Washington, DC; and Christopher M. Samis and L. Katherine Good in Wilmington, DE. About Whiteford, Taylor & Preston LLP: The over 160 attorneys at Whiteford, Taylor & Preston provide a comprehensive range of sophisticated, cost-effective business law and litigation services to clients ranging from innovative start-ups to middle market companies to global enterprises. Our growing Mid-Atlantic footprint includes fifteen offices in Delaware, D.C., Kentucky, Maryland, Michigan, New York, Pennsylvania and Virginia.
THE ADVOCATE
Page 18
April 2018
Divorce, or probating an estate. Your client has options when it comes to the real estate. Hawk Mortgage Group can help you and your client sort out the options and strategies they have at hand, to help at this time ‌ and down the road. Jeffrey T. Hawk, President 443-619-7900 - Office 410-241-7071 - Cell Jeff@hawkmortgagegroup.com
THE ADVOCATE
Page 19
April 2018
Committee News BENCH/BAR COMMITTEE This committee (appointed by the BCBA Presidents) meets the second Thursday of each month, 8 a.m., in Judicial Conference Room 412. If there are issues to be brought to the attention of this committee please contact Chairperson Michael Paul Smith, 410-821-0070 or mpsmith@sgs-law.com.
LAW DAY COMMITTEE - MAY 1, 2018
CLE COMMITTEE
Separation of Powers: Framework for Freedom. Art and Essay Contest flyers available online.
April 19, 2018, 5 p.m., The Enneagram Personality System and Conflict Resolution. Grand Jury Room.
7:30 am, Breakfast Program, Martin’s Valley Mansion Noon Program, Ceremonial Courtroom #5
ENTERTAINMENT COMMITTEE
LRIS COMMITTEE
June 7, 2018, Golf Tournament, & Beginners’ Clinic, Rocky Point Golf Course. ESTATES & TRUSTS COMMITTEE
Please renew or consider joining the LRIS at this time. Application can be found on the website: LRIS Application. Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9100 for more information.
April 25, 2018, 5 p.m., Guardianships. Grand Jury Room
The 2018-2019 LRIS Panel Registration and Renewal Packet will be available the second week in May. Please keep a look out for it.
May 9, 2018, 5 p.m., Legislative Update with Orphans’ Court Judges and Register of Wills. FAMILY LAW COMMITTEE May 17, 2018, 4:30 p.m., Annual Forum: Case Law and Legislative Update. County Courts Building. Spring Mini-Series: Parenting Plans February 1, 2018 March 1, 2018 April 5, 2018 May 3, 2018
THE ADVOCATE
Page 20
April 2018
Committee News MEMORIAL COMMITTEE
PROFESSIONALISM COMMITTEE
Please notify Rachel Ruocco 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 all members. Thank you.
Committee Meetings, 5 p.m., Royston, Mueller, McLean & Reid, 102 West Pennsylvania Avenue, Suite 600, Towson.
Those members who will be honored at next year’s service on November 15, 2018, at 3:30 p.m., include:
PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY Many thanks to all volunteer attorneys and judges who taught classes this year .
W. Lee Thomas Henry J. Myerberg Ellen P. Rosenberg Judge Dana M. Levitz Lawrence Melfa JR Francomano, III
REAL PROPERTY COMMITTEE
If you know of any other BCBA Member who passed away (since August 15, 2017), please advise Rachel Ruocco immediately, so they can be included in the service. Thank you. The reception for family and friends to honor and remember loved ones will be held immediately following the service. Monetary contributions are greatly appreciated to support the Memorial Reception, and can be made payable to the BCBA, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. Donors will be acknowledged on the printed program. NEGLIGENCE, INSURANCE & WORKERS’ COMP COMMITTEE
PRO BONO COMMITTEE This committee meets on the second Tuesday of each month, September - June, 4:30 p.m. at the offices of Levin & Gann, 502 Washington Avenue, Suite 800, Towson.
THE ADVOCATE
May 15, 2018, Noon, Land Records e-Filing Status, Grand Jury Room, County Courts Building SOLO & SMALL FIRM COMMITTEE April 26, 2018 1:00pm, Effective Ways to Grow Your Law Practice, Grand Jury Room
YOUNG LAWYERS COMMITTEE
Thirsty
Third
Thursdays,
Various establishments in Towson, 5 p.m. Come join young lawyers, judicial law clerks, and a special monthly guest to relax and network. April 19, 2018 May 17, 2018 June 21, 2018* *Attend the BCBA Stated Meeting at 4:30 p.m. in Ceremonial Courtroom No. 5, Old Courthouse, Towson, and receive a free drink ticket for the happy hour!
Page 21
April 2018
THE ADVOCATE
Page 22
April 2018
THE ADVOCATE
Page 23
April 2018
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
THE ADVOCATE
Page 24
April 2018
Running Club. Monthly runs will be held on the last Thursday of each month. August – May, 5:30 p.m., meet in Patriot Plaza. December-February, meet at 401 Washington Avenue, Lobby. We recommend that runners bring reflective gear, headlamps, etc. Please RSVP to Craig Borchers, craigborchers@hme-law.com, thanks.
THE ADVOCATE
Page 25
April 2018
BALTIMORE COUNTY CIRCUIT COURT LAW LIBRARY NEWS eFiling eFiling will arrive in Baltimore County before you know it. The Law Library will be a vital part of your transition to and continuing use of eFiling. Stay tuned for further news in the coming months. New Titles The Law Library recently added the following titles to the collection: Marijuana Law In A Nutshell Product Liability The New Handshake Rules Of The Game What Is mHealth? When Deadly Force Is Involved: A Look At The Legal Side Of Stand Your Ground, Duty To Retreat, And Other Questions Of Self-Defense NEW MICPELS We received the following new MICPELS which are located behind the reference desk: Advanced Real Property Institute 2017 Domestic Violence Cases: Handling Them Effectively In Maryland District And Circuit Courts, 2017 Family Law Practice Update 2017 Hot Topics In Elder Law 2017 Security Clearance Due Process Appeals: How To Litigated A Clearance Appeal Before The National Security Agency (nsa) Or Department Of Defense (dod), 2017 Unbundled Legal Services & Limited Scope Representation, 2017
THE ADVOCATE
Page 26
April 2018
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
THE ADVOCATE
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
Page 27
April 2018
Signature Sponsors Office Space Available Towson Furnished office space available for sublet near Circuit Court at 222 Bosley Avenue. Free parking and use of conference room and reception area. Wired for WiFi and phone. Receptionist/ secretarial service also available.
~~~~~~~~~ Please call Rob Brocato at 410-296-6350 or reply to robbrocato@icloud.com.
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 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 Rachel Ruocco
LAWYER IN THE LOBBY CLINIC The LAWYER IN THE LOBBY CLINIC 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, small claims actions, custody, child support, divorce, separation, name change, or adoption.
Volunteers for April: Deborah Hill Julius Blattner E. David Silverberg Larry Polen THE ADVOCATE
Page 28
April 2018
THE ADVOCATE
Page 29
April 2018
BCBA Members are encouraged to support our Annual Signature Sponsors. When you need a service they offer, please contact the following, thank you.
Who do you know that would be a “good fit� for the Bar Association? Contact Rachel Ruocco (410-337-9100 x102) o refer a business!
THE ADVOCATE
Page 30
April 2018
THE ADVOCATE
Page 31
April 2018
The Baltimore County Bar Association
Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD
100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 410-337-9103-Telephone 410-823-3418-Facsimile www.bcba.org
MEMBER ADVERTISEMENTS LUTHERVILLE/TIMONIUM. Seeking reputable subtenant to share office suite in nice building in Lutherville/Timonium. Fully furnished partner’s office (2 available), includes internet, receptionist, use of conference room and free parking in a pleasant low key environment. If interested, please contact Randy Wase, 410-828-8500 or Randy@Waselaw.com. 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. TOWSON. Offices for rent in a charming and newly renovated 100-year-old building in the heart of Towson. Building offers a reception area, kitchenette, conference room, storage and free parking. Office sizes vary. Electric included and receptionist available upon request. Contact Anna at 410-494-4921 or awalsh@awalshlegal.com. TOWSON. For sale: 2 adjacent office condominium units (839 sf. And 882 sf.) at 606 Baltimore Avenue. Professionally managed building, close to the courthouses and all that downtown Towson has to offer. Units could be sold together, or separately. Call Alex at 443-604-5062 for more information. DUNDALK. DUNDALK. Awesome space available. 5 office suites available in the Holabird Building on Holabird Avenue. Conference room, lots of free street parking and receptionist. Contact Randolph Rice at 410-288-2900 or rr@ricelawmd.com for more information. For more information visit: https://ricelawmd.com/about/office-space/ PIKESVILLE or OWINGS MILLS. Office space share available. Minimum usage. Contact Gerald Zimlin, 410-2920509. CATONSVILLE. Office space available in the Catonsville/Arbutus area. Three potential offices for rent. Rent all three offices, or just take one. Share use of conference area and kitchen. Building newly renovated. Close proximity to Catonsville District Court and 695. Contact Sean for more information. 410-245-0732. TOWSON. Office sublease available at 401 Washington Ave. Professional setting with private and secure access. Total of 5 offices (3 fully-furnished) approx. 1,089 SF. Wired for phone/Internet; Access to conference rooms during business hours Mon-Fri. Term thru Dec 2018. Parking available at Balt. County lot across the street. Contact Jess Gordon at (410) 292-7862 or jgordon@jlmpartners.net.
THE ADVOCATE
Page 32
April 2018