THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVI, NO. 8
February 2018
PRESIDENT’S MESSAGE by Adam Thomas Sampson Oh what a night ….?! On the last Thursday of January over 670 members of the bar gathered for the 96th Annual Banquet of the Baltimore County Bar Association. What began nearly one century ago as a small gathering of local members of the Bar has grown to nearly 700 lawyers, judges, and politicians, from around the State. Indeed there were too many dignitaries in attendance for me to mention by name. I was able to generally acknowledge every Past President of this Bar Association that preceded me (see the banquet brochure), to whom I owe a debt of gratitude, and invited those in attendance to stand and be recognized . They were Thomas G. Bodie, Myles F. Friedman, Hon. Charles E. Foos III, Hon. C. Carey Deeley Jr., Hon. Lawrence R. Daniels, C. Theresa Beck, Hon. John J. Nagle III,
J. Calvin ‘Nip’ Jenkins Jr., Stephen J. Nolan, John W. Nowicki, John B. Gontrum, Dominick A. Garcia, Debra G. Schubert, Alan R. L. Bussard, C. William Clark, Hon. Alexander Wright, Jr., Edward J. Gilliss, Hon. Philip n. Tirabassi, T. Wray McCurdy, Hon. Vicki BallouWatts and Robert J. Thompson Past President Bob Romadka told me that the first such banquet he attended in the 50s was at an Elk’s Lodge with only twenty fellow BCBA members in attendance. Congratulations again to Dominick Garcia on receiving the J. Earle Plumhoff award. “Hey baby ….” Anyone who knows Dominick appreciates how deserving he is of this award. An excellent choice by Craig Ward and the Professionalism Committee. Continued on page 2
Inside This Edition Annual Sponsors Bench/Bar Report Black Tie Banquet Calendar of Events Committee News Court Notices Criminal Law Update District Ct Assignments Judicial Portrait Fund Law Library Member Ads Members on the Move Member Spotlight Memorial Service Pet Picture Contest Save-The-Date Flyer Professionalism
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Zest Social Media Solutions THE ADVOCATE
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January 2018
PRESIDENT’S MESSAGE by Adam T. Sampson For those of you not in attendance, some BCBA members, notably Judge Larry Daniels and Tom Dolina, kept tradition alive by “sharing” rolls with Past President Rob Thompson as the Executive Council presented him with a three-foot gavel in recognition of his service to the BCBA. Thanks to Adam Lippe, Esquire, for agreeing to be the banquet’s keynote speaker. Adam was a good sport, proving that to be for-warned is to be forarmed, literally, as he took to the stage with a basket of rolls. Adam masterfully, and briskly, highlighted the great work of the Baltimore County State’s Attorney’s Office to combat animal cruelty. Adam is a tireless and passionate advocate that walks the walk on this subject. He is also active in Show Your Side, our designated charity, co-founded by BCBA member Caroline Griffin. I must here, as I did at the banquet, give special thanks to BCBA Executive Director Rachel Ruocco and Administrative Assistant Rachel Fuller for their hard work in planning this event. Finally, thanks to all of you who attended. We look forward to seeing you again next year. To those of you who did not attend, we hope to see you next year as well. Turning to the months ahead, please be on the lookout for information regarding the Young Lawyers’ Bull Roast in April. The committee will be in need of donations for the silent auction. Proceeds will support Show Your Soft Side. Also, the theme for this year’s Law Day is Separation of Powers: Framework for Freedom. Remember we host both a breakfast and lunch event to celebrate. So watch for flyers and mark your calendar. Adam T. Sampson, President Baltimore County Bar Association, 2017-2018 THE ADVOCATE
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January 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
February 2018
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 A. Neill Thupari, YL Chair
The Advocate David F. Luby Committee Chair
1.
5pm, Family Law Committee, Spring Mini-Series Parenting Plans. Grand Jury Room 15. 5pm, Young Lawyers Committee, Thirsty Third Thursdays, 7 West Bistro 20. Noon, CLE Committee, Client Communications: Avoiding Malpractice and Ethical Complaints in Your Law Practice. Grand Jury Room. 21 Noon, Real Property Committee, Condos, HOAs, Bowie & Jensen, Towson 21. 5pm, Family Law Committee, High Conflict Personalities, Woodholme Country Club
March 2018
Ari J. Kodeck Committee Vice -Chair
Contributing Writers Thomas H. Bostwick Mariela C. D’Alessio Justin E. Fine Bruce E. Friedman William R. Levasseur, Jr. Margaret M. McKee Cecilia B. Paizs Kimberly K. P. Rothwell Jeffrey R. Scholnick Scott D. Shellenberger Alaina L. Storie 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.
*If you are interested in volunteering for the monthly Lawyer in the Lobby, please contact Rachel Ruocco, 410-337-9100
1. Noon, Family Law, Marital Property Mini-Series, Grand Jury Room. 2. 5pm, Family Law, Spring Mini Series Parenting Plans, Grand Jury Room 7. Noon, NIWC, Subro, Liens & Offsets, Mitchell Courthouse, Baltimore City. 15. Noon, Family Law, Marital Property Mini Series, Grand Jury Room 15. Noon, Real Property, Tax Assessment Appeals, Whiteford, Taylor & Preston, Towson 15. 5pm, Young Lawyers, Thirsty Third Thursday, The Crease, Towson 22. 5pm, Family Law, Sexual Abuse Allegations, Woodholme Country Club, Pikesville 28. 5pm, Estates & Trusts / ADR Committee 29. Noon, Young Lawyers, Chamber Chat with Judges Cavanaugh & Truffer, Circuit Court
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.
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January 2018
COURT NOTICES
Please note when addressing mail to our Baltimore County Circuit Court Clerk’s Office, you should always use our Post Office Box Mailing Address for faster receipt and service:
Transported to the Loch Raven Post Office Picked up by a Mail Courier who is a Baltimore County Government employee
Clerk’s Office
Transported in mail bins in a vehicle to the Baltimore County Government Mail Center in Towson
[Appropriate Division Name, i.e. Criminal Division, Family Law Division, etc.]
Sorted by the Baltimore County Mail Courier who services multiple Baltimore County Offices
P. O. Box 6754
Hand-delivered to the Clerk’s Office
Towson MD 21285-6754
Sorted by a Circuit Court Clerk in our Clerk’s Office Distributed to the appropriate Clerk’s Office division
Mail to our Post Office Box is:
Oftentimes, the mail at the Loch Raven Post Office is Transported directly to the Towson Post Office not yet ready for retrieval by the Baltimore County Picked up daily with a hand cart by one of our Circuit Mail Courier which further delays our receipt. Court Clerks Sorted by a Circuit Court Clerk in our Clerk’s Office Promptly distributed same day to the appropriate Clerk’s Office division
Bottom line – use our Post Office Box when sending mail.
On the other hand, mail sent to us using our Street Address at 401 Bosley Avenue is combined with mail from multiple Baltimore County buildings and is routed through multiple sites before finally reaching our Clerk’s Office:
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Julie Ensor, Clerk of the Court for Baltimore County
January 2018
COURT NOTICES
Pretrial Statements in Non-Domestic, Civil Cases Please be advised that, pursuant to Md. Rule 2-504.2 (b), attorneys and any self-represented parties are required to file a Pretrial Statement in all non-domestic, civil cases, effective April 2, 2018. The Pretrial Statement must be filed no later than five (5) business days prior to any Settlement Conference. The Pretrial Statement must include the following information: (1) A brief statement by each party of the facts to be relied on in support of any claim or defense; (2) Whether any amendments are required of the pleadings; (3) Whether there can be any simplification or limitation of issues; (4) Whether the parties can agree on any stipulations of fact; (5) The identification of any expert the party proposes to call as a witness; and (6) The details of the damages claimed or any other relief sought. Honorable Kathleen G. Cox Administrative Judge Honorable Judith C. Ensor Lead Civil Law Judge THE ADVOCATE
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January 2018
BLACK TIE BANQUET by Ari Kodeck After a warm spell, the sun set on a chilly day. Esteemed guests, fellow members and the Executive Council of the Baltimore County Bar Association arrived dressed in their finest and in high spirits for the 96th year of the Annual Bar Banquet. The weather, cold enough to encourage attendees into the warmth of the banquet, made for an inviting atmosphere of the cocktail hour.
love of animals and applauded the bar association’s choice of Show Your Soft Side as this year’s charitable focus. He made mention of last year’s J.Earle Plumhoff Award winner Carl Gould and State’s Attorney Scott Schelenberger. With the assistance and support of both men, Mr. Lippe now leads Baltimore County State’s Attorney’s Office Animal Abuse Unit, which is focused on education about, and prosecution of animal abuse. At the conclusion of his speech, With the aroma of dinner permeating the President Sampson presented Mr.Lippe with a token cocktail hour, guests filed into the ballroom, where of appreciation. they were greeted by the friendly and efficient staff of the Delta Hotels Hunt Valley. Dinner is always delicious at the banquet, and this year did not disappoint. Guests enjoyed a meal of While guests settled in at their assigned tables, salad, filet mignon, crab cakes, mashed potatoes, and President Adam Sampson delivered the opening re- a deliciously dangerous piece of chocolate cheesemarks and convocation. Craig Ward presented cake. Afterwards, guests moved to the veranda for Dominick Garcia with the J. Earle Plumhoff Profes- more cocktails and most importantly, the everlasting sional Lawyer of the Year Award. He received vig- prom pictures. orous applause and delivered remarks of gratitude. Past President Thompson did not miss the opportunity The banquet was a night to remember in no to add his remarks about the traditional roll throwing. small part thanks to the hard work of BCBA Past Executive Director Doris Barnes, the recently installed The evening's keynote speaker, Adam Lippe, Executive Director Rachel Ruocco and her AdminisAssistant State’s Attorney in Baltimore Conty deliv- trative Assistant Rachel Fuller, as well as the law ered a brief and self-timed speech. He spoke of his clerks who volunteered their time to staff the event.
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BENCH/BAR REPORT by Fred Allentoff The February meeting of the BCBA Bench Bar
Julie Ensor, Clerk of Circuit Court emphasized that
Committee took place on February 8.
the best way for mail to reach the clerk is by utilizing the P.O. Box (not the street address). WHEN
Reporting for the Circuit Court, Judge Cox advised that effective April 1, 2018, Pre-Trial
MAILING ANYTHING TO CIRCUIT COURT FOR
Conference Statements shall be required and
BALTIMORE COUNTY, USE THE FOLLOWING
submitted at the Settlement Conference in all civil
ADDRESS:
non-family law matters. Family law cases are
CLERK,
currently exempt from the requirement. Judge Cox
CIRCUIT COURT FOR BALTIMORE COUNTY,
also confirmed that Baltimore County is on target for the rollout and implementation of MDEC for January
COUNTY COURTS BUILDING,
2019. Training sessions will be planned and held this
P.O. BOX 6754,
summer (2018) in anticipation.
TOWSON, MD. 21285.
Tim Sheridan, Circuit Court Administration,
Julie Ensor also advised that the processing of family
gave us an update on the status of the Patriot Plaza
law matters is two days behind whereas other civil
project. Work appears to be moving along as
matters are virtually current.
planned and should be completed by July 1, 2018. Additionally, all DCM Plans have been updated and will soon be posted on the court’s website.
Adam Sampson, President of the BCBA reported via email that Dominick Garcia was presented with the J. Earle Plumhoff Award at the
Maria Fields, reporting for the District Court
annual bar banquet. The Stated Meeting of the
Administration, advised that progress and repairs are
BCBA is set for Thursday, February 15th @ 4:30
now underway to remedy the flood damage caused in
p.m. in Ceremonial Courtroom 5.
the Clerk’s office. She is anticipating completion by the end of March. There are other projects planned, including work outside the courthouse which is estimated to take three weeks to complete as well as replacement of the cooling tower at the Chesapeake
Judge Somerville of the Office of Administrative Hearings informed us that William F.Burnham and Syeetah A. Hampton-El have recently been appointed to the position of ALJ. Scott Shellenberger, Baltimore County State’s
Avenue location. The replacement is scheduled for two (2) weekends during which the 100 block of East
Attorney announced that his office is implementing a
Chesapeake Avenue will be closed to traffic.
new case management system which is due to be up and running by May 1st. This is the first change in
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BENCH/BAR REPORT
approximately twenty (20) years and is necessary in light of MDEC and the need to access and
lunch miniseries beginning March 1, 2018 addressing Marital Property issues.
communicate with JIS, etc.. He also reported that
There was no formal report for the Young
there will be a significant change in the handling of Circuit Court Felony matters. His office will go to a system referred to as “Vertical Prosecution”. Under this system a matter is assigned to a prosecutor who will then handle the case from indictment to
Lawyers division, but Tyler Nowicki, who is a young lawyer, informed the committee that planning for Law Day is ongoing and the next meeting is scheduled for February 20th. The event will be held at Martin’s Cockeysville on Mary 1, 2018. More
conclusion. It is hoped that this will result in some
details to follow.
cases being resolved earlier. This may also lead to
The next meeting of the Bench Bar
scheduling challenges and as a result will necessitate greater communication to obtain agreed upon dates.
Committee shall be held on Thursday, March 8,
Judge Cox stressed the importance of counsel including email addresses on pleadings, which is already required by the Rules, so that notices may be sent in that manner. Harry Chase informed us that Judge Lawrence Fletcher-Hill is now Judge In Charge of Civil Matters in Baltimore City. He also reminded us that a meeting of the Judicial Portrait Committee is set for March 7, 2018 @ 5:00 p.m.. Mary Sanders reported on behalf of Amy Feldman concerning the Family Law Committee. There have been many programs this year. The second of five programs addressing age appropriate parenting plans was recently held.
The next Family
Law Dinner is scheduled for Wednesday, February 21st at Woodholme Country Club where Gina Santoro will address “high conflict” personalities. The Family Law Committee also is sponsoring a
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January 2018
CRIMINAL LAW UPDATE By Matthew I. Wyman The appellate courts issued two decisions relevant to criminal law in October. The Court of Appeals addressed discovery disclosure of an identification of a co-defendant, while the Court of Special Appeals took up the issue of battered spouse syndrome. The opinions are summarized below from the Amicus Curiarum. John W. Green, III v. State of Maryland, No. 4, September Term 2017, filed October 20, 2017. Opinion by Watts, J. At trial in Cecil County, Green was convicted of the murder of Jeffrey Myers. a co-defendant, Copeland, plead guilty at an earlier proceeding. The state sought to introduce eyewitness testimony at trial of a motorist who had seen Myers being shot. She saw two figures, but could only positively identify one. She positively identified Copeland as the nonshooter, and the shorter, stout man (presumably Green), she was unable to positively identify. Green testified on his own behalf that only he and Copeland were present when Myers was shot (why on earth did his lawyer allow him to testify?). He was found guilty, and appealed
it should have been disclosed. The court provides a lengthy analysis, but it ultimately boils down to whether or not the Defense is prejudiced by the nondisclosure. In this case, they were, and the Court of Appeals reversed the conviction and remanded the matter back for trial. Tania Renee Wallace-Bey v. State of Maryland, No. 476, September Term 2016, filed November 2, 2017. Opinion by Arthur, J. Wallace-Bey was convicted of first degree murder in 2009 in Prince George’s County. She was granted post-conviction relief in 2014 on the grounds that her attorney had not sought to introduce evidence that she suffered from “battered spouse syndrome”.
During her retrial, Wallace-Bey testified that the victim, whom she had been in an ongoing relationship with, had raped her, and she shot him to prevent him from doing it again. Prior to her testimony, the court granted a motion in limine by the State to exclude any statements made by the victim to the Defendant on the grounds that they were hearsay. The court made this blanket ruling without accepting a proffer from the Defense as to what any of the statements were, The state did not disclose the witness’s identification and whether any of them qualified as an exception to of Copeland prior to the trial. At issue is whether the hearsay rule. The Defendant also had an expert Maryland Rule 4-263(d)(7)(B), requiring disclosure witness in the field of forensic psychology. Several of pretrial identifications in discovery applies to iden- objections were sustained for the state limiting her tifications of co-defendants, or if it is limited just to testimony about prior incidents the Defendant had the Defendant. reported to her. The court ultimately ruled that the fact that the term co-defendant is not speficially enumerated in Maryland Rule 4-263(d)(7)(B), was not accidental, and that information is not automatically subject to disclosure. The court did however note that the rule speficically states that the State must disclose “all relevant or material information regarding pretrial identification”. Specifically, in this case, since the pretrial identification of Green’s co-defendant was essentially an identification of Green by process of elimination, THE ADVOCATE
The court ultimately reversed the decision and remanded it back for trial. In their ruling, the court noted that it was prejudicial error was committed in requiring the Defendant to present evidence of prior abuse by the victim without mentioning the words that were said. Several of the statements reportedly made to the Defendant would have had a substantial impact with the jury in showing how these words affected her, and they were not being offered for the truth of the matter asserted.
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DOES YOUR SOFT SIDE BARK OR MEOW? By April Doherty of the Animal Abuse Unit The most recent Baltimore County Bar Association Bar Banquet (“Prom”) sparked an interest in many lawyers, especially as more and more Americans consider their pets as part of their family. In a room full of lawyers, this growing interest is significant because animals have become a part of the legal world: dog bites, estates and trust, litigation, as well as criminal prosecution to name just a few. Every state in the U.S. has felony animal cruelty laws; however, animals are still considered property and there are still law enforcement agencies that believe animal related matters should be handled by an animalrelated agency. This is more troublesome in areas where there isn’t funding for an animal control agency. This is just one of the areas where education is essential as police are the responders for crimes against animals, especially in felony related incidents.
curring, but there is still work to do.
Animals can be victims of crime, which stirs an interesting debate for some law enforcement officials. It is especially important for those who may not be “animal lovers” to consider that animals can be used as a tool for those who consider pets as their “children.” One of the things that I often say in my various trainings to prosecutors and law enforcement is, “I’m not asking you to be an animal lover. I am asking you to consider that people do love their pets and consider them as family—to use them as a tool.” Without that connection, there are pieces of information that can be missed not only in investigations, but in everyday life too. The people who are unwilling to talk about their own injuries are often willing to talk about the injuries to their pets. In fact, there is research that indicates that in instances of domestic The Federal Bureau of Investigation officially began violence, child abuse, human trafficking, and even collecting data on crimes against animals in 2016 elder abuse, the victim is often unwilling to flee the with NIBRS, the National Incident Based Reporting situation due to the lack of accommodations for their System. Animal cruelty is now considered a crime pet. The LINK to crimes against humans and animals against society, and is grouped with other felony is something that advocates tend to focus on in order crimes such as arson, burglary, assault and homicide. to gain attention. Animal cruelty can be a gateway “If somebody is harming an animal, there is a good crime, one that can lead to a future of other crimes, chance they also are hurting a human,” said John including violent crimes against humans. It is imThompson, Deputy Executive Director of the Nation- portant to note that the LINK is not absolutely indicaal Sheriffs’ Association. “If we see patterns of animal tive of a serial killer or a domestic violence abuser; abuse, the odds are that something else is going on.” however with so many names of school shooters and The goal is that by 2021, NIBRS should be active serials killers toting the crimes of murder as well as throughout the U.S. with all agencies reporting their animal cruelty, it is hard to refute. data. One of the biggest hurdles with the collection At the Prom, many learned more about the Baltimore of animal cruelty data is that many animal control County State’s Attorney’s Office Animal Abuse agencies are not sworn law enforcement. Organiza- (“Unit”) with the Keynote Speaker and Chief of the tions such as NCOVAA (National Coalition on VioAnimal Abuse Unit, Adam Lippe. The goal of the lence Against Animals) and AWI (Animal Welfare Unit, which was created in 2012, is not just prosecuInstitute) are working on training and resources to tion of animal cruelty, but also education. The Unit ensure that there is an understanding between agen- consists of only Adam and me, as paralegal and lead cies with hopes that the data will eventually be all investigator. Continued on page 20 inclusive and as accurate as possible. Change is ocTHE ADVOCATE
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MEMORIAL SERVICE by Rebecca A. Fleming On November 16, 2017, the Baltimore County Bar Association held its Annual Memorial and Recognition Ceremony to honor those members who passed away since August 2016. The service was well attended by the family and friends of the six members who were honored; the Honorable Christian M. Kahl, Constance Kellner Putzel, Geoffrey K. Calderone, Jr., the Honorable A. Gordon Boone, Lewis Leland Fleury, and Robert J. Zarbin.
quoting Judge Boone’s words from the November 14, 2002 Annual Memorial and Recognition Ceremony, which encouraged the assembled to remember the deceased fondly and to savor the memory of them like a fine wine.
The main bench included Baltimore County Circuit Court Judges Cox, Deeley, and Robinson. The balance of the Circuit Court Bench were seated in the jury box. They were joined by District Court Judges, Magistrates and retired judges.
The Honorable John F. Fader spoke on behalf of the friends and family the Honorable Christian M. Kahl. Judge Kahl attended McDonogh School, graduated from Franklin High School, and obtained his undergraduate degree from Johns Hopkins University and his law degree from University of Baltimore School of Law. Judge Kahl was an assistant county attorney from 1965 to 1968, an then he went into private practice, eventually establishing the well respected firm of Beach, Cadigan & Kahl. He served as a Juvenile Master from 1969 until 1998. He was appointed to the District Court bench in 1985 and was appointed to the Circuit Court bench in 1990. He retired from the Circuit Court in 2005, but continued to serve on recall on both benches. He was married to his wife, Judy, for thirty-four years. According to Judge Fader, Judge Kahl was known and will be remembered for his steady demeanor, his legendary patience, his kindness, and his respect to all who appeared before him.
Present at the service were the following dignitaries – Baltimore County Circuit Court Judges Cahill, Cavanaugh, Finifter, Glass, Hanley, Jakubowski, King, Nagle, and Stringer; Baltimore County District Court Judges Chester, Mayer, Pate, Tirabassi, and Wyman; Baltimore City Judges Berger and Miller; Retired Judges Bollinger, Byrnes, Fader, Lamdin, Murphy (Swede), and Murphy (Joseph); Magistrates Beck and Farmer; State’s Attorney Scott Shellenberger; Deputy State’s Attorney John Cox; Clerk of the Court Julie Ensor; Public Defender Donald Zaremba; Circuit Court Administrator Timothy Sheridan; and Baltimore County Bar Association Past Presidents Beck, Bussard, Daniels, Clark, Friedman, Gilliss, Gontrum, Jenkins, McCurdy, Nolan, Thompson, and Williams. The Honorable Kathleen Gallogly Cox addressed those gathered, welcoming the families of the deceased, friends and colleagues, and noting that the Annual Memorial Ceremony provides an opportunity to share stories of the people we knew, and to learn about the people we did not know. The Honorable Carey Deeley offered the invocation,
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Bruce Friedman, the Chair of the Memorial Committee, then introduced the first speaker.
Arthur W. Putzel was then called upon to remember his mother, Constance Kellner Putzel. Ms. Putzel was a woman who did not waste time. She graduated from high school at age fifteen, Goucher College at nineteen, and then finished law school in two years. After passing the bar exam she worked for New Amsterdam Casualty, but when she was not offered any meaningful work to do, she took a position at Legal Aid, which she enjoyed. When her husband graduated from law school and passed the bar examn, they went into practice together in 1950. Ms. Putzer did not retire from that firm until fifty-
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seven years later when she was eighty-five years old. She received many accolades over the yeas, including receiving the Star Award from the University of Maryland, the Senior Lawyer of the Year award from State Farm, and the Maryland Pro Bono Distinguished Service Award. Her biggest award was just that she enjoyed practicing law. It was her vocation and her avocation. Mr. Friedman then called upon Tracy Calderone to share her memories of her husband Geoffrey K. Calderone, Jr., who passed away too young at the age of fifty after a very short battle with cancer. Mr. Calderone was born on Long Island, and moved to Maryland with his family in the 1970s. He graduated from high school in Maryland and obtained a business degree from Syracuse University. After marrying, he then obtained his CPA license and then his law degree from the University of Baltimore. He worked at the Law Offices of Friedman & Friedman, then Piper & Marbury, and lastly, the Law Offices of Peter Angelos where he headed the Estates Department. Mr. Calderone was a leader and mentor who left a lasting impression on his clients and his team of coworkers. His children were his pride and joy and he participated fully in parenthood. At heart, he was a family man. The Honorable Thomas J. Bollinger, Sr. was next called upon to pay tribute to the Honorable A. Gordon Boone, Jr. Judge Boone graduated from Georgetown Prep, and then joined the United States Air Force, where he remained for four years. When he returned he obtained his undergraduate degree from the University of Maryland, followed by his law degree from the University of Baltimore School of Law. He was a Baltimore County Assistant State’s Attorney, a Baltimore City Assistant State’s Attorney and a public defender before going into private practice. In 1983 he was appointed to the District Court for Baltimore County, where he remained until his retirement. There are many interesting stories about Judge Boone from his days on the District Court bench, and Judge Bollinger shared several of them, to the amusement of the assembled. Judge Boone was remembered as a friend to many, THE ADVOCATE
a devoted husband to his wife, Judy, and as someone who was honest to a fault and never afraid to speak his mind. Lewis Leland Fleury was remembered by his cousin, and BCBA Past President, Nip Jenkins. Mr. Fleury was the sixth of seventh children. When he passed away at the age of ninety-two he was in his sixtieth year of marriage to his wife, Genevieve. He had two children, and five grandchildren. He began his undergraduate education at Clemson, which was interrupted when he joined the Army Air Corp after Pearl Harbor. He spent three and a half years as a radar operator in India. Upon his return he completed his undergraduate education at the University of Maryland and then obtained his law degree from the University of Tennessee Law School. Mr. Fleury practiced law for fifty-five years in Baltimore County, spending the majority of his career in private practice. He was also a talented tenor who was never shy about breaking into song. The loves of his life were his family, his pride, and his faith that allowed him to sing a song. Dr. Sergio C. Zarbin was then called upon to remember his brother, Robert J. Zarbin. According to Mr. Zarbin his brother graduated high school from McDonogh. He then obtained his undergraduate degree from Loyola College in Maryland, and his law degree from Loyola Law School. He practiced at Saiontz & Kirk, and then at the Jaklitsch Law Group before opening his own firm in 2012. He was married to Simonne, and they had two children. Robert knew that his marriage and his children were the best things he had. He was a natural leader and blessed with a fortitude of a strong sense of justice. According to his brother, Robert’s legacy of public life will constantly inform everyone assembled and his family at home about values he held, his commitment to doing good work, and living a life focused on giving and not just taking, living the good life.
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MEMORIAL SERVICE continued The Honorable Dennis M. Robinson then spoke on behalf of the Bench. Judge Robinson remembered the judges and lawyers who were lost over the past year with great respect and admiration for their contributions to the legal profession. He thanked the speakers for their stories, memories and tributes which captured the essence of those who were being honored. He also thanked the families and friends of the deceased members for sharing their loved ones with the profession for which most of the assembled have devoted their careers, recognizing that it takes a patient and understanding support system for legal professionals to be able to do what they do every day. Judge Robinson highlighted the attendance at the event as a testament to the extent of the respect and admiration people have for those who were being remembered. Mr. Friedman then returned to the podium to thank all of the speakers, all of those in attendance, the members of the Memorial and Recognition Committee, BCBA Executive Director, Doris Barnes, and Anne Marie Cordial for playing the
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violin. He then moved that the minutes of the proceedings be transcribed and be adopted as part of the official record of the Court and of the Bar Association for Baltimore County. After Judge Cox granted the motion, Mr. Friedman introduced Baltimore County Bar Association President, Adam T. Sampson. Mr. Sampson echoed all that had previously been said and thanked the assembled for attending the ceremony. He also thanked the BCBA sponsors who made the reception following the ceremony possible, and then invited the assembled to join him at the reception. The proceeding was adjourned and the Baltimore County Bar Association Memorial Service for Members of the Bar Who Have Passed Away Since August 2016 was concluded.
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PROTECTING WOMEN IN OUR PROFESSION #LAWYERSTOO By Jill Green Sexual harassment is not limited to entertainment or politics. The legal profession publicly grappled with these issues in the early 1990s with Clarence Thomas, the Baker & McKenzie case, and George Goldsborough, the first lawyer in Maryland to have his license suspended for sexual harassment.
tively used on college campuses, in the military, and by nonprofits. ,,
Report — The reasons are many, but most women don’t report harassment so we must encourage and support reporting. In addition, Maryland State Courageous women have come forward since then Bar Association rules of conduct requires that we to shed light on egregious behaviors, leading to poli- report misconduct, including “…where coercion or cy changes, mandatory trainings, and a greater undue influence is used to obtain sexual favor in awareness. A year before the Harvey Weinstien vic- exploitation of these relationships.” tims broke their silence and the #metoo movement took shape, the ABA adopted a rule explicitly holding attorneys accountable for discriminating and Sexual harassment has major psychological and harassing their coworkers and clients inside or outeconomic consequences, and it tarnishes our professide the courtroom. sion. These three simple steps are an opportunity But, as Martha O’Neil wrote in 2006, “…it is unclear just how much the legal profession did wake up to the problem of sexual harassment.” Recent studies of law firms suggest that two-thirds of women have seen or experienced sexual harassment, and less than 10% of women who have experienced harassment file a complaint.
for each of us to show integrity, provide leadership, and better protect everyone in our profession.
Just as Chief Justice John G. Roberts Jr. recently initiated procedures to protect court employees from sexual harassment, we too, as members of the Bar, have a responsibility to protect women and our industry. Here are three things we can all do, starting today. Respect — To prevent harassment, we all must work towards a culture in which women are treated as equals. This means fully respecting female colleagues, creating work environments that value respect, and conducting ourselves in a respectful manner towards everyone, from interns to clerks, from admins to partners and clients. React — Bystanders have an obligation. When we hear comments that are inappropriate, disrespectful, or rude, we must intervene. Bystander training is still rare in corporate America, but it has been effec-
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Maryland Volunteer Lawyers Service | March Madness Themed Annual Benefit M&T Bank Stadium | Southeast Level March 22 | 6 - 9 pm Get ready for another slam dunk event! Maryland Volunteer Lawyers Service (MVLS) will host our annual "March Madness" themed benefit on Thursday, March 22, 2018. Guests will enjoy upscale tailgate fare, open beer and wine bar, live music, exciting silent auction, interactive basketball games and more! All funds raised from this event supports MVLS’s mission of providing quality civil legal services to low-income Marylanders. For more information about Early Bird Tickets and sponsorship opportunities please visit www.mvlslaw.org/2018benefit.
MEMBERS ON THE MOVE Tydings & Rosenberg LLP, a Baltimore law firm that serves individuals and businesses in Maryland, D.C., and Virginia through its offices in Baltimore and Towson, announces that Kerianne P. Kemmerzell has joined the firm as an associate. Ms. Kemmerzell’s practice focuses on family law. She has years of experience representing clients in a wide range of counseling and litigation services, including divorce, custody, child support, adoptions, and guardianships. Ms. Kemmerzell is an active member of the Maryland State Bar Association, the Baltimore County Bar Association, and the Women’s Bar Association, and is a member of the board of directors of the Howard County Women’s Bar Association. She may be reached at 410.752.9754 or kkemmerzell@tydingslaw.com. THE ADVOCATE
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MEMBERS ON THE MOVE Royston, Mueller, McLean & Reid, LLP is pleased to announce that Robert F. Miller has become a Partner of the firm as of January 2018. Bob joined the firm as an associate in 2011. He represents businesses and individuals on a wide range of matters, including entity formation, taxation, real estate transactions, commercial financing, mergers and acquisitions, business succession planning, and employer-employee relations.
Divorce, or probating an estate. Your client has options when it comes to the real estate.
OFFICE AND SUPPORTING SERVICES FOR RENT IN THE HEART OF BEL AIR Your Law Office can operate while you are conducting business. Large professional office located at 5 South Hickory Avenue, Bel Air including 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 Kevin Olszewski.
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
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DOES YOUR SOFT SIDE BARK OR MEOW? Continued from page 13 We certainly encounter the claim from con some, “you only care about the animals and not the people,” which is highly inaccurate. In fact, our focus is educating law enforcement, prosecutors, animal control officers and even veterinarians, which includes the importance of animal cruelty and the possible Link to crimes against their companion animals, crossreporting to other agencies, and working together. A large majority of the Unit’s animal cruelty cases have a domestic violence component which include felony and misdemeanor crimes. The Unit is also seeing a correlation to human trafficking and animal cruelty as well. Each year, the Unit hosts their annual Animal Abuse Leadership Summit at the Hillendale Country Club in Phoenix, Maryland. The audience is filled with prosecutors, animal control officers, law enforcement officers, veterinarians and animal advocates, although all are invited. The 2018 Summit, scheduled on November 2, will feature Jim Crosby, a national dog bite expert who will speak about the importance of police and dog encounters, as more and more agencies are involved in litigation due to a police officer’s response to dog(s) when responding to calls. Another speaker will be Nicoletta Caferri, Chief of the Animal Cruelty Prosecution Unit in Queens County, New York. Registration is almost free, as the event is only funded by local donations—specifically, the Professional Animal Workers of Maryland (PAWS) which has been generously donating and allowing speakers to be flown in to share their knowledge on the various topics.
sides their police cars, while awaiting the arrival of local animal control. And so with the desire to educate, as well as equip law enforcement with a tool, the Love Leads Project was born. The Project is a collaboration of for-profit, government, and nonprofit worlds. The Unit, Earth Treks Climbing Centers (Columbia and Crystal City), Pet+E.R., and Show your Soft Side compile the Project’s team. In fact, Adam and his three children are the volunteers for the Love Leads Project. Climbers, and even nonclimbers, regularly gather at the Earth Treks Crystal City and Columbia centers on Fridays to assist with making leashes, learning about humane responses to dog encounters and animal cruelty.
The Unit’s education doesn’t stop at the Summit, however, but also extends to creating a program to ensure that police officers have tools to handle situations involving animals. The Unit discovered during their encounters with police officers that they did not have any means to secure a stray or lost animal, beTHE ADVOCATE
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DOES YOUR SOFT SIDE BARK OR MEOW? One of the Unit’s biggest fans is Show your Soft Side. Not only did they feature the Unit “Softies,” they also support the Animal Abuse Leadership Summit and the Love Leads Project. On May 5, 2018, Show Your Soft Side is hosting their 6th annual Pawject Runway at the Baltimore Arena where the tag line is, “You could go home with a model tonight.” The event has been called the hippest fashion show on four paws and features a five-star lineup of Big Softies "modeling" adoptable cats and dogs from the Baltimore Animal Rescue and Care Shelter (BARCS). According to Caroline A. Griffin, Co-Founder of SYSS, “Pawject Runway is the charity event of the season, which draws 40 celebrities nationwide, who strut the runway with adoptable animals from BARCS Animal Shelter in Baltimore. Last year, the event drew more than 1,200 attendees and made national news when Torrey Smith of the Eagles paid the adoption fee for every animal at the event. All proceeds benefit Show Your Soft Side’s anti-cruelty campaign and BARCS, which takes in 12,000 animals a year.” This year Torrey and Chanel Smith are the honorary co-chairs! By selecting Show Your Soft Side as the charity of the year, the Bar Association has brought the issue of animal protection to the forefront. While the exposure not only provides an opportunity to share stories about our beloved cats and dogs (horses, birds, pigs, and goats, etc.), it makes us aware of animal cruelty and the need to protect them from violence and abuse. While many of us share our lives with cats and dogs as fellow companions, there are others who use them, abuse them, and hurt them. Animals are sentient beings as Jeremy Bentham once implored people to believe. “…the question is not, Can they reason? nor, Can they talk? but, Can they suffer? Why should the law refuse its protection to any sensitive being?... The time will come when humanity will extend its mantle over everything which breathes... " THE ADVOCATE
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Click the image above for a link to Caroline Griffin’s blog
January 2018
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MEMBER SPOTLIGHT MARY MARTHA (MARTY) VOELKEL-HANSSEN By Bonnie Sullivan, Executive Director of Maryland Volunteer Lawyer Service (MVLS) As we reflect on 2017 and all of the selfless work pro bono lawyers do to provide justice for all, we wanted to spotlight the 2017 BCBA Volunteer of the Year and MVLS volunteer attorney – Marty VoelkelHanssen.
through Legal Aid while attending law school at the Washington College of Law.
When asked to share a defining moment in her pro bono career, Mrs. Voelkel-Hanssen shared “…it was a third party custody case through MVLS. A great Mrs. Voelkel-Hanssen is an inspiration to fellow atgrandmother was fighting for custody of her great torneys in Baltimore County. Over the past 20 years, grandchildren and her pleas were finally heard – she she closed 63 pro bono cases through MVLS – all of gained custody of the children she loved so much. these cases focused on family law disputes that added Sometimes there are good people doing things for the stress and uncertainty to the children involved. Simi- right reasons and it’s extremely rewarding to play a larly, she has devoted countless hours as a volunteer part in their happiness and justice.” on the Women’s Law Center’s Family Law Hotline. Through her kindness and legal expertise, she is Justice is a right not a privilege, so it’s critical for atproviding critical legal help to some of the most vul- torneys like Mrs. Voelkel-Hanssen to take a stand for nerable populations in Maryland. working people in Maryland who cannot afford to hire an attorney for their civil legal challenges. We No stranger to giving back to the community, Mrs. applaud all pro bono attorneys and look forward to Voelkel-Hanssen was recently recognized as the shining a spotlight on more Baltimore County lawyers Community Mediator of the Year by the Conflict Res- who are making a difference in their communities. olution Center of Baltimore County. She launched her A sincere and heartfelt thank you, Mrs. Voelkelpro bono work early in her career by assisting families Hanssen!
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Committee News COMMITTEE CALENDAR, HANDOUTS, CONTACT INFO All Committee Chair and Vice-Chair contact information, upcoming programs and handouts from those programs already held this year can be found on the website at www.bcba.org. Click on “Committee Reports, then select the committee of interest. 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. CLE COMMITTEE
June 26, 2018, Noon, Elective Share Update. Grand Jury Room. FAMILY LAW COMMITTEE February 21, 2018, 6 p.m., High Conflict Personality disorders. Speaker: Gina Santoro. Woodholme Country Club. March 22, 2018, 6 p.m., Sexual Abuse Allegations.
February 20, 2018, noon, Client Communications: Avoiding Malpractice and Ethical Complaints in Your Law Practice. Grand Jury Room. April 19, 2018, 5 p.m., The Enneagram Personality System and Conflict Resolution. Grand Jury Room. ENTERTAINMENT COMMITTEE
April 12, 2018, Joint Dinner with Baltimore City, Baltimore, Carroll, Harford & Howard Counties, 6 p.m., DLA Piper, Smith Avenue. May 17, 2018, 4:30 p.m., Annual Forum: Case Law and Legislative Update. County Courts Building. Spring Mini-Series: Parenting Plans
June 7, 2018, Golf Tournament, & Beginners’ Clinic, Rocky Point Golf Course.
February 1, 2018 March 1, 2018 April 5, 2018 May 3, 2018
ESTATES & TRUSTS COMMITTEE
LAW DAY COMMITTEE - MAY 1, 2018 March 28, 2018, 5 p.m., ADR. Grand Jury Room.
Separation of Powers: Framework for Freedom. Art and Essay Contest flyers available online.
April 25, 2018, 5 p.m., Guardianships. Grand Jury Room May 9, 2018, 5 p.m., Legislative Update with Orphans’ Court Judges and Register of Wills. Continued on page 28
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Committee News LRIS COMMITTEE PRO BONO COMMITTEE Please renew or consider joining the LRIS at this time. Application can be found on the website: LRIS Application. MEMORIAL 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. Those members who will be honored at next year’s service on November 15, 2018, at 3:30 p.m., include: W. Lee Thomas Henry J. Myerberg Ellen P. Rosenberg Judge Dana M. Levitz Lawrence Melfa
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. PROFESSIONALISM COMMITTEE Committee Meetings, 5 p.m., Royston, Mueller, McLean & Reid, 102 West Pennsylvania Avenue, Suite 600, Towson. TENTATIVE: April 18, 2018, District Court Judges Program. PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY Many thanks to all volunteer attorneys and judges who taught classes this year .
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.
REAL PROPERTY COMMITTEE February 21, 2018, Noon, Condos, HOAs, Bowie & Jensen, Towson
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.
March 15, 2018, Noon, Tax (assessment) Appeals, Whiteford, Taylor & Preston, Towson
NEGLIGENCE, INSURANCE & WORKERS’ COMP COMMITTEE
SOLO & SMALL FIRM COMMITTEE
March 7, 2018, noon, Subrogation, Liens, and Offsets, Mitchell courthouse, Baltimore City
May 15, 2018, Noon, Land Records e-Filing Status, Grand Jury Room, County Courts Building
“Cocktails, Tips & Treats” Networking, CVP February 27, 2018 May 29, 2018
April 10, 2018, 5 p.m., Jury Selection/Mock Trial. County Courts Building
Continued on page 26
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Committee News 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. March 15, 2018 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! March 29, 2018, Noon. Judge Colleen A. Cavanaugh and Judge Keith R. Truffer, County Courts Building.
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.
Annual Bull & Oyster Roast April 8, 2018, 2-6 p.m., Towson American Legion
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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!
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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Continued on page 22
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BALTIMORE COUNTY CIRCUIT COURT LAW LIBRARY NEWS Baltimore County Circuit Court Law Library News New Titles The law library staff added the following titles to the collection: ETHICS AND ENVIRONMENTAL PRACTICE: a lawyer’s guide / Russell, Irma; Wright, Vicki – ABA Book Publishing, 2017. KF 306 .R875. FBAs AND BIPs: an essential legal guide / – NBI, 2017. KFM 1595 .5 .C35. FREQUENTLY USED TERMS IN AUTOMOBILE FINANCE TRANSACTIONS / – ABA, 2017. LLP KF 2036 .A8 .A73 GUN LAW IN MARYLAND / – NBI, 2017. KFM 1579 .F37.
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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MONEY ON THE TABLE: DIMINISHED VALUE AND MOTOR VEHICLE CASES By Frank Totten Why do most attorneys not pursue diminished value? Most attorneys that pursue motor vehicle accident cases leave money on the table by not pursuing diminished value caused to the vehicle, and that is how the insurance companies want to keep it. These claims can generally add more money to your client’s claim in addition to the cost of repairs and personal injury parts of your client’s claim. What is diminished value? Diminished value is a stigma that a vehicle carries because it was in an accident. In other words, someone is not going to pay the same for a vehicle that was in an accident that they would for the exact same vehicle that was never in an accident.
not been entirely destroyed, is the reasonable cost of the repairs necessary to restore it to substantially the same condition that it was in before the injury, provided the cost of repairs is less than the diminution in market value due to the injury. And when the cost of restoring a motor vehicle to substantially the same condition is greater than the diminution in market value, the measure of damages is the difference between its market value immediately before and immediately after the injury. In addition, the measure of damages may include a reasonable allowance for loss of use of the vehicle.
Just about every vehicle involved in an accident sustains diminished value, especially when the vehicle is less than 7 years old. The vehicle that can sustain diminished value does not have to be a Rolls Royce or Maserati, but can be the CR-V or Tahoe that most people drive. Your client does not have to sell their vehicle in order to get diminished value, although it helps, and your client can be totally satisfied with the repairs done on the vehicle. The fact is that nothing Taylor v. King, 241 Md. at 50, 54 (Emphasis Added). can eliminate of the stigma the car has due to the ac- See also, Fred Frederick Motors, Inc. v. Krause, 12 cident. Md. App. 62, 64 (1971) (“If the repaired vehicle does not have the same market value, the plaintiff What is the law on diminished value? In Maryland, should receive additional damages”) (Citations an injured party is entitled to recover, in addition to Omitted). the cost of repairs to a motor vehicle, the diminution in market value his or her vehicle sustained from a motor vehicle accident. Taylor v. King, 241 Md. 50 In Taylor v. King, the Court of Appeals affirmed the (1965) (Citations Omitted). It has long been an es- lower court’s ruling that the plaintiff was entitled to tablished principle that an award of damages “should damages for diminished value based on the value his compensate the injured person for the wrong which vehicle lost due to a motor vehicle accident. Id. at has been done him.” Weishaar v. Canestrale, 241 52. While the plaintiff in Taylor sold his vehicle for Md. 676 (1966) (Citations Omitted). In Taylor v. salvage before the case proceeded to trial, an injured King, the Court of Appeals held that on diminished party is not required to do the same before he or she value, can recover damages for diminished value. Id. at 51. Continued on page 32
the rule in Maryland with respect to the measure of damages for injury to a motor vehicle, which has
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MONEY ON THE TABLE: DIMINISHED VALUE AND MOTOR VEHICLE CASES
Signature Sponsors
Continued
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
As a result, the Taylor formula for determining diminished value is by subtracting the pre-loss value of the vehicle from its post-repair value. If the injured party can show that his or her motor vehicle incurred a diminution in market value due to an accident, then he or she is entitled to recover damages. Continued A few years later, the Court of Special Appeals in Fred Frederick Motors, Inc. v. Krause, dealt with an issue involving motor vehicles that were damaged in an accident but not sold. Fred Frederick Motors, Inc., 12 Md. App. at 67 (1971). The defendant in Fred Frederick drove his tractor trailer into a car dealership damaging 1 used and 3 new vehicles. Id. Initially, the trial court denied the plaintiff’s claim for diminished value, however, on appeal, the Court of Special Appeals overturned the lower court’s ruling. Id. at 66-67. The court held in Fred Frederick that the trial court erred when it denied diminished value damages and further held that because the plaintiff proved “that after repairs his vehicle ha[d] a diminished market value from being injured, then he [could] recover in addition to the cost of repairs the diminution in market value…” Id. Under Taylor and Fred Frederick, plaintiffs in Maryland that own a motor vehicle damaged by an accident are entitled to diminished value damages. Practically speaking, you need to get an expert appraiser to prove diminished value. ExVapert diminished value appraisers like Randolph Williams of Collision Consulting of Maryland, will evaluate the amount of diminished value, prepare a detailed report and testify at court. These reports are peer reviewed and look at the market for the vehicle and apply the Taylor formula for determining diminished value. For these reasons, do not leave money on the table.
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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,
Volunteers for Feb.: Brady Locher Paul Mayhew Edith Okoroigbo Robert Tully
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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!
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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
THANK YOU TO THE LAW OFFICES OF PETER G. ANGELOS FOR SPONOSRING THE PRINTING AND MAILING OF THIS ISSUE OF THE ADVOCATE
MEMBER ADVERTISEMENTS 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. 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. 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. Towson. Office Sublet/Shared Conference Room. Furnished, interior office available for sublet. Includes use of
conference room, reception area, kitchenette, and internet OR, limited shared office arrangement available for use of conference room for meeting clients/mailing address, includes internet. 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.
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