THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXV, NO. 9
March 2017
PRESIDENT’S MESSAGE by Robert J. Thompson I have received many positive comments about our Black Tie Banquet and want to take this opportunity to say publicly that all of the credit for the wonderful evening we enjoyed at the end of January goes to our Bar Association staff – Doris Barnes, Rachel Ruocco and Maxine Morrow - and to those of you who attended and made it a memorable evening.
In thinking about the Banquet and how I wanted to see it play out, I wrote the toast myself. I was also thinking quite a bit about the political division we see everywhere around us. I’ve almost given up watching TV news. I am, and we are, grateful for institutions such as our state, nation and Bar Association that will withstand the political rancor and discord of 2017.
Several people have asked me where I found the toast I offered at the Prom and a few have even asked me to share it. I’ll do that, but first I want to provide a little background:
So for those of you who have requested it or complimented the toast, I have reprinted it here.
The truth is that although I am personally religious, an invocation or prayer at the beginning of a secular event like the Banquet has always seemed a bit out of place to me. There’s nothing wrong with having a prayer, but it just didn’t seem like quite the right fit for me. So, I went in a slightly different direction.
To the State of Maryland, her leaders, her citizens and all who love her: May she continue to thrive and prosper and may our children and their children know the blessings of living in this wonderful place. To the United States of America, to her leaders and to her citizens: May our nation always be a beacon of freedom and liberty, of brotherhood Continued on page 2
Inside This Edition Basham Retires from SAO Pg Black Tie Banquet Pg Calendar of Events Pg Committee News Pg County Council Update Pg Court Notices Pg iFly Member Event Pg Lawyer in the Lobby Pg Lawyers Assistance Pg Member Ads Pg New Admittees Sworn In Pg Professional Lawyer Pg SAVE THE DATE Pg Stated Meeting Pg YL Bull Roast Pg
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MVLS March Madness
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HealthQuest Chiropractic & P.T., NEW Signature Sponsor THE ADVOCATE
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PRESIDENT’S MESSAGE Continued from page 1 and sisterhood and a beacon of justice not only to all who call it home, but to the entire world. May our leaders, and may we, as citizens, be worthy of the values of this great country -- May our love for country and for each other, continue to make this great nation the champion of the downtrodden, the guardian of justice and the mother of progress. To the legal profession: May we be worthy of the noble values of our calling, and may we be humble, objective, compassionate, diligent, smart, thorough and be the tireless advocates of the Rule of Law. To the Baltimore County Bar Association as she stands at the threshold of her centennial: May she thrive another century and for centuries thereafter as she serves our community.
And for us: May we enjoy fun and fellowship and frivolity tonight, and maybe even learn something along the way; and may we all make if home safely, re-energized to do well by doing good….. Ladies and Gentlemen, I raise my glass to you! Have a wonderful March. Please make plans to attend the Young Lawyers’ Bull Roast on April 2, 2017. There are many terrific people working hard to make it the best Bull Roast ever!! You’ll be disappointed if you don’t make it, so SEE YOU THEN! Rob Thompson, 2016-2017 BCBA President
Welcome a new BCBA Annual Signature Sponsor ...
BANQUET PHOTOS AVAILABLE … Please explore the new link on the website https://www.bcba.org/news/news/photograp hs-2016-2017/ to see photos from BCBA events, Baltimore County Judicial Investitures, and the 95th Annual Black Tie Banquet. A VERY SPECIAL THANK YOU to Magistrate Terri Beck Myles Friedman & Arnie Hokofsky for their combined photographic talents in preserving this special evening for us. Feel free to download, print and share any photos.
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C ALENDAR
2016-17 Officers President Pres-Elect Secretary Treasurer
Robert J. Thompson Adam T. Sampson Rebecca A. Fleming
Hon. Keith R. Truffer Jay D. Miller Stanford G. Gann Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Hon. Vicki Ballou-Watts, Immediate Past President Alaina L. Storie, YL Chair
The Advocate Thomas S. Basham Committee Chair Annamaria M. Walsh Committee Vice -Chair
Contributing Writers C. Theresa Beck Thomas H. Bostwick Catherine A. Dickinson Sondra M. Douglas Bruce E. Friedman Robert C. Lidston Gary Miles Margaret M. McKee Cecilia B. Paizs Jeffrey R. Scholnick Lisa Y. Settles Alexander C. Steeves Laurie Wasserman Catherine F. Woods Matthew I. Wyman The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate. Publication deadline: 10th of the month preceding publication.
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E VENTS
March 2017
Michael W. Siri
Executive Council
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Young Lawyers Chamber Chat (Criminal Law), Noon, 4th Floor Conf Room Post-conviction Services, Noon, Grand Jury Room Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office *Volunteers: Lisa Magil, Dempsey Nash, Jordan Watts Running Club, 5:30 p.m., meet at 401 Washington Avenue (lobby) Law Day Committee Meeting, 5 p.m., BCBA Executive Offices, Mezzanine Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 NIWC: Workers’ Comp 101 & Vocational Rehabilitation, 6 p.m., Grand Jury Room Young Lawyers Chamber Chat (Civil & Family Law), Noon BCBA Executive Council Meeting, 8 a.m., Judicial Conference Room 412 Family Law: AGC v. Framm: A Debrief, 6 p.m., Christopher Daniel Restaurant E&T: Recent Developments in Estate Administration, 5 p.m. Solo & Small Firm: How to Be A Rainmaker for Your Practice, Noon, GJR HealthQuest Chiropractic & Physical Therapy GRAND OPENING, 5-8 p.m. 1300 York Road, Building B, Suite 149, Lutherville Civics & Law Academy, CCBC Owings Mills
April 2017 2 6 11 12 12 13 25 26
Young Lawyers Bull & Oyster Roast and Silent Auction, 2-6 p.m. TICKETS ON SALE NOW, get your’s TODAY! Family Law: Joint Dinner w/BABC Family Law, 6 p.m., Hunt Valley Inn BCBA Executive Council Meeting, 8 a.m., Judicial Conference Room 412 Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office *Volunteers: Bruce Friedman, E. David Silverberg, Marty Voelkel-Hanssen Running Club, 5:30 p.m., meet in Patriot Plaza at Courthouse Fountain Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 Civility & Advocacy: Not Mutually Exclusive, 5 p.m., Courtroom TBD E&T: Clients with Diminished Capacity, 5 p.m., Grand Jury Room
May 2017 1 1 9 10 11 16 17 18 23 24 29
Law Day: The 14th Amendment: Transforming American Democracy, 7:30 a.m. Breakfast at DLA Piper, Keynote Speaker: Judge Paul W. Grimm Law Day Noon Ceremonies, Ceremonial Courtroom No. 5, Towson Keynote Speaker: BCBA Executive Council Meeting, 8 a.m., Judicial Conference Room 412 Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office *Volunteers: Brady Locher Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 NIWC: Medical Malpractice, 5 p.m., Grand Jury Room Criminal Law: Administrative Law Hearings, 5 p.m., Grand Jury Room Family Law: Annual Forum, Case & Legislative Updates, 4:30 p.m. BCBA Past Presidents’ Dinner, 6 p.m. E&T: Annual Dinner, 5:30 p.m., Country Club of Maryland COURTS & BAR OFFICE CLOSED, in observance of Memorial Day
*If you are interested in volunteering for the monthly Lawyer in the Lobby, please contact Rachel Ruocco, 410-337-9103 x102
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COURT NOTICES
Administrative Office of the Courts Judicial Information Systems LAND RECORDS E-RECORDING PROJECT UPDATE February 15, 2017 We are happy to let everyone know that the Simplifile eRecording system is now live in Harford County. As of February 15, 2017, 111 title companies signed up to do eRecording in Harford County. We are working with several other counties and hope to have them in production soon. Thanks everyone for your continued support for the e-Recording Project. Please let me know if there are questions. Thanks. Barbara Hansman, Project Manager Special Projects – Non-Case Applications 2661 Riva Road – Suite 900 Annapolis, MD 21401 410-260-1087 desk 410-353-0113 cell 410-974-7170 fax
barbara.hansman@mdcourts.gov
2017 MARYLAND JUDICIAL CONFERENCE Please be advised that all of the Judges of the State of Maryland will be attending the Maryland Judicial Conference on Monday, June 12 through Wednesday, June 14, 2017 and, therefore, there will be no judges available on those dates.
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MARK YOUR CALENDARS AND LET THE BIDDING BEGIN Young Lawyers’ 2017 Bull & Oyster Roast and Silent Auction
April 2, 2017 is the Young Lawyers’ Annual Bull & Oyster Roast and Silent Auction held at the American Legion in Towson from 2 to 6 p.m. This is the Young Lawyers biggest fundraising event for the Baltimore County Bar Association’s designated charity for 2016-2017, which is the Women’s Law Center. All proceeds from the Silent Auction benefit the Women’s Law Center. This year we have a goal to raise $10,000. We need our members’ help to make this event a huge success. This year we are doing things a bit differently. Before April 2 we are putting together several baskets, each with a different theme, which will include weekend getaways, wine, Baltimore goodies, etc. These baskets can be bid on through an online auction. We want our members to get an early start on seeing the available items and placing their bids in hopes to win the item. On the day of the Bull & Oyster Roast there will be more items available for bidding. The online auction website is http://bcbaauction.com/. Please check the site frequently for updates. The Young Lawyers are soliciting donations from law firms and local businesses to either create a themed basket, donate an item to be part of a basket or make a monetary donation so that a committee member may create a basket on behalf of that firm or business. On the day of the event, we rely on volunteers to help things run smoothly with set up and clean up, the various games and raffles and greeting and checking in guests. If you are interested in making a silent auction donation or being a volunteer, please contact the Young Lawyers Committee Chair Alaina Storie at 410-339-4100 or AStorie@TNSFamilyLaw.com.
Who can resist these smiles?! Wheels and raffle tickets for the “adults!”
Kid-friendly event, making it fun for the entire family! THE ADVOCATE
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March 2017
IFLY
INDOOR SKYDIVING MEMBERSHIP EVENT
They say there is absolutely no reason to jump out of a perfectly good airplane, so we did the next best thing ... The BCBA Membership Committee organized a different event this year …. iFly Indoor Skydiving, on Thursday, January 19, 2017. Now, you would think this event was not for the “faint of heart,” but you would be wrong. Young lawyers, old judges (sorry, Judge), and even families, came out to participate. Three “shifts” arrived at staggered time slots, received in-depth instructions, and suited up for what turned out to be a fantastic experience! Some were brave enough to share their photos with us, and you can see from the ear-to-ear smiles that a good time was had by all. An event like this does not come together without tremendous effort. Membership Chair Kevin McKay worked tirelessly to get a great package from iFly, and secured sponsorship money to defray a significant portion of the fees for BCBA members. Monica Sienkiewicz of Irwin Court Reporting was kind enough to financially support this event, attended, and raffled off a couple gift items that evening. BCBA Executive Director Doris Barnes was there to offer refreshments once the flying was done and the spectating began! You should know that iFly offers package and group rates, leagues, and advanced instruction. Groups actually jump there during the “off season” to keep their training and skills in tip-top shape for when the weather is warmer. So, keep your eye on the sky, as you never know when or where you may see some of these beginners taking the next big step … OUT of an airplane!
The following business generously supported this event with their financial contributions:
Ameriprise, Vincent Hackler Byte Right Support, John Pardoe Irwin Court Reporting, Monica Sienkiewicz
They say a picture is worth a thousand words ...
To see just how much fun this event was for everyone, here is a link to a video of one of our members: https://youtu.be/nLcW0uHgJ4A
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Back, L-R: Judge Mickey Norman, Jennifer Harris, Alex Kelly, Matt Nelson, Andrew & Laurie Wasserman. Front, L-R: One child there for his birthday who was added to our group, Maya & Evan Wasserman.
Back, L-R: Phil Heller, Fran Koerner, Christine Malanga, Matt Weinstock, Kevin McKay, Monica Sienkiewicz of Irwin Court Reporting. Front: Suzanne Farace
Michelle Siri in action, and looking like a pro!
Maya Wasserman, who was over heard saying to her parents, “Best. Day. Ever!�
Laurie, Andrew, Maya and Evan Wasserman.
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L-R: Gina Cuomo, Lisa Warfield, Dennis Cuomo, Michael Siri, Michelle Siri, Braden and Kyan Siri
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NEW ADMITTEES SWEARING IN CEREMONY by D. Jill Green On February 8, 2017 the Baltimore County Bar Association hosted a swearing in ceremony for more than 25 Baltimore County law clerks who recently passed the Maryland bar examination. Friends, family members and members of the bar, including 25 presiding judges in Baltimore County attended the event. Judges Kathleen Gallogly Cox and Dorothy J. Wilson, of the Circuit and District court, respectively, presided over the ceremony. Circuit Court Clerk Julie Ensor administered the oath to the new admittees and BCBA President Robert J. Thompson moved for their admission to the Baltimore County Bar Association. The swearing in ceremony is a tradition in Baltimore County, yet the last ceremony took place in February 2010. The recent revival of this ceremony serves as a reminder to recent admittees to build their legal networks and become actively involved in bar associations like the BCBA. As Judges Cox and Wilson noted, they were once young lawyers, and while this generation of millennial attorneys is unique, the need for mentorship - which can be found through bar association membership - remains strong.
The BCBA Courthouse Directory was created for this event, and exclusively for attorneys and their staff. It includes information on our courts, phone numbers you will want to keep handy, and a map of the County Courts Building (floor-by-floor) with office designations. This can be found on our website: www.bcba.org, Attorney Resources, Frequently Used Links. OR, by clicking the icon below.
The event also emphasized the need for civility within the profession, as a lawyer’s reputation is everything in the legal community. Judge Wilson highlighted the importance of the young lawyers’ using restraint on social media and in email. The event ended with a brief reception in the courthouse to celebrate the accomplishment of Baltimore County’s newest law clerks.
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NEW ADMITTEES SWEARING IN CEREMONY
Please support the following businesses who generously supported the reception held immediately following the Swearing In Ceremony: Irwin Court Reporting, Monica Sienkiewicz 443-474-2211; depo@irwinreporting.com Ellin & Tucker, Zach Reichenbach & Josh Heller 410-727-5735; www.ellinandtucker.com Glass Jacobson, Ed Jacobson 410-356-1000Ed.Jacobson@glassjacobson.com The Growth Coach of Greater Baltimore David Kelly & Barbara Larrabee 410-458-3228; www.growthcoachgreaterbaltimore.com
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THE ANNUAL BLACK-TIE BANQUET by Ari Kodeck As the sun set on January 26, 2017, many lawyers and judges of Baltimore County completed the day's tasks and ended the workday in anticipation of that evening’s Baltimore County Bar Association Annual Banquet. Esteemed guests, fellow members and the Executive Committee of the BCBA arrived dressed in their finest and in high spirits for the 95th year of the Banquet. The weather, though decidedly more cooperative than last year’s, held a chill to hurry the attendees into the warm, inviting atmosphere of the cocktail hour.
guests were enjoyed cocktails, more conversation and most important, the everlasting prom pictures.
With the promise of a delicious meal, stimulating conversation and entertaining speeches, guests filed into the ballroom, where they were greeted by the friendly and efficient staff of the Wyndham Grand Hunt Valley Inn.
A special thanks to Our Judicial Law Clerk Banquet Volunteers
As guests settled in at their assigned tables, BCBA President Robert J. Thompson delivered the opening remarks and convocation. He noted that this year's banquet, of 720 guests, was the third consecutive sell -out crowd. Jill Green presented the J. Earle Plumhoff Professional Lawyer of the Year Award to Carl R. Gold. Her remarks appear in a separate article in this issue. The day of the banquet marked not only the recognition of his impactful career, but also Mr. Gold's 60th birthday. President Thompson used the opportunity to lead the guests in a rousing rendition of Happy Birthday.
The success of the banquet owes much to the hard work of BCBA Executive Director Doris D. Barnes, Executive Assistant Maxine M. Morrow, LRIS Director Rachel M. Ruocco and the law clerks who volunteered their time to staff the event..
David Hornstein (Hon. Justin J. King) Alexander Kelly (Hon. Kathleen Gallogly Cox) Duke May (District Court) Ame Roberts (Hon. Sherrie R. Bailey) Emily Weil (Hon. Paul J. Hanley)
Thank You to Our Generous Corporate Sponsors
The evening's keynote speaker, Lieutenant Governor Boyd K. Rutherford delivered a brief summary of the state of the state, remarking on the increase in jobs and the building of a transportation infrastructure. He was optimistic about the outlook for Maryland and its citizens. At the conclusion of his speech, President Thompson presented Lieutenant Governor Rutherford with a certificate of appreciation, noting that an Honorarium would be made to the BCBA’s annual-designated charity for 2016-17, The Women’s Law Center. During dinner guests enjoyed salad, filet mignon, crab cakes, mashed potatoes and a deliciously dangerous piece of chocolate cake. Afterwards, THE ADVOCATE
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An Poitin Still Advantage Sentencing Alternative Programs Chesapeake Valuations Multi-Specialty HealthCare Gore Bros. Court Reporting & Videoconferencing Zest Social Media Solutions
A Debt of Gratitude to Our Volunteer Photographers Magistrate C. Theresa Beck Myles F. Friedman Arnold Honkofsky
March 2017
THE ANNUAL BLACK-TIE BANQUET Presentation of the J. Earle Plumhoff Professionalism Award Here are the lightly edited remarks of Dr. Jill Green presenting the Plumhoff Award to Carl J. Gold. Good evening Baltimore County!
Today is a special Day for Carl –not only is he receiving this prestigious award—it is also his 60th birthday!! Please join me in congratulating Carl on this well-deserved award and milestone birthday.
On behalf of the Baltimore County Bar Association Professionalism Committee, it is my great honor and pleasure to present the J. Earle Plumhoff Professionalism Award to Carl Gold. Carl Gold is a lawyer’s lawyer…a true mench who embodies the notion: “If you're not making someone else's life better, then you're wasting your time. Your life will become better by making other lives better.” Carl works tirelessly to better the lives of others. Whether through his pro bono work or chairing countless bar committees his dedication and generosity of time to the Bar Association is extraordinary. He consistently gives back to his community as well, raising money and swimming for cancer research, teaching at Towson, serving on boards, presenting at CLEs and writing. Carl is an inspiration and role model for us all. A graduate of Duke Law and member of the Law Review Board, Carl went on to clerk for Chief Judge Robert Murphy. From their he served as staff attorney for the office of special counsel and as an associate at Whiteford Taylor and Preston He then launched his successful law practice of 30 years in 1987. Among his colleagues, Carl is highly regarded as a wonderful representative of the Bar. He has been described as a man who “does much good, but could care less about any recognition for these efforts. He is always willing to lend assistance to others when asked. It is not unusual for him to provide advice and counsel, knowing he may not be compensated. He is not flashy. He works discretely and professionally to get good results for his clients.”
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THE ANNUAL BLACK-TIE BANQUET
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THE ANNUAL BLACK-TIE BANQUET
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PEGGY BASHAM RETIRES FROM OFFICE OF THE STATE’S ATTORNEY by Scott D. Shellenberger
On Friday, January 20, 2017, Peggy Basham stood in front of a conference room packed with her State’s Attorney’s office colleagues to say good bye. With a Kleenex in her hand and an almost imperceptible quaver in her voice, she called her 23 years’ service as Director of the Victim Witness Unit “my dream job.” Nearly 40 years earlier, she told the group that surrounded a conference table brimming with mostly - homemade farewell food, she heard that the State’s Attorney was forming a victim witness assistance unit and was immediately attracted to the job. She interviewed for one of the three paralegal positions, but she was not hired at that time. Ms. Basham graduated from the University of Maryland College Park with a degree in English, a secondary education certification and a life-long dedication to Maryland basketball. She had also been working as a checker at Safeway. When she found out that teacher jobs paid less than she was already earning, she continued punching the clock, rising to running the front end of the store and training new employees. She was married on the Fourth of July, 1976 to Tom Basham, who was an Assistant States Attorney when the Victim Witness Assistance Program was formed. That connection, she told the retirement day gathering, is how she came to apply at the program’s inception. Born and raised in Washington, D.C. and Chevy Chase, MD, Ms. Basham had moved to Baltimore after her marriage and worked at Safeway stores in Pikesville and Jacksonville. In 1993, rumblings of a leveraged buyout of the supermarket chain caused her concern about the future of her job. She decided to enroll in a paralegal studies course at what is now THE ADVOCATE
Stevenson University. When she showed up for the first class, the instructor was State’s Attorney Sandra A. O’Connor. Ms. Basham was then 23 years into her Safeway career. Her interest in victim services was stronger than it had been when she first applied. She had been robbed twice while at the Pikesville Safeway. The first time was by a teenager as she was making a nighttime cash drop at a bank across the store’s parking lot. The second was at gunpoint while she was in the cashier’s enclosure. Both crimes resulted in prosecutions which gave her the experience of being a victim in the court system. Toward the end of 1993, a few weeks after her paralegal studies began, she was surprised to get a Friday phone call from Ms. O’Connor’s Office Manager Judi Almon inviting her to meet with the State’s Attorney (and instructor) on Monday. She recalls the heart of the meeting went something like this: SAO: Are you still interested in victim witness? PB: Yes. SAO: I have an opening in the unit, if you’d be interested. PB: I would. What is it? SAO: I’d like you to be the director. PB: [Jaw drop. Stunned silence] She accepted. Her first day on her new job was January 3, 1994. Twenty three years later, on her last day, State’s Attorney Scott D. Shellenberger, holding a sheaf of thank you letters from victims and witnesses, told the retirement day gathering that Ms. Basham established herself as a respected and admired victim advocate throughout the state and on a national level. The two professionals have known each other in different roles throughout their respective legal careers, and he thanked Ms. Basham for, among others things, sitting
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PEGGY BASHAM RETIRES FROM OFFICE OF THE STATE’S ATTORNEY Continued from page 16
with family members during the emotional trials of the people accused of killing their sons, daughters and loved ones.
Ms. Basham concluded her remarks by acknowledging the relationships she enjoyed with the people in the room, some of whom worked with her from the beginning of her tenure in the office.
Here are some of Ms. Basham’s accomplishments:
Sponsoring interns who went on to full time employment in the office including Amanda Grantham, the new Director of the Victim Witness Division;
Supporting the 9 other employees who make up the unit;
Writing 23 years’ worth of successful proposals for grants that paid for counseling for families of homicide victims and a full time position in the VAU;
Facilitating, for 20 years, a monthly support group for families of homicide and drunk driving fatality victims and writing The Shadowed Heart newsletter for the same community;
Providing services for families of victims in more than 275 homicide, auto manslaughter cases and other major crimes case;
Serving as a member and officer of the Maryland Association of Victim Service Professionals and a member of the training committee of the Maryland State’s Attorney’s Association;
Being part of a team that shepherded the Office’s conversion from handwritten to electronic files;
Collaborating with other members of the State’s Attorney’s Office to develop the office’s case management system.
For Peggy Basham, the job was rewarding and her dream had come true.
At her retirement, Ms. Basham had directed the Victim Witness Unit longer than all of her predecessors combined.
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BCBA STATED MEETING by Thomas S. Basham
The Baltimore County Bar Association held its winter Stated Meeting in Ceremonial Courtroom 5 of the Old Courthouse on February 17, 2017. BCBA President Robert J. Thompson called the meeting to order at 4:30 p.m. After approval of the minutes of the October 2016 meeting, President Thompson briskly led the officers and committee chairs through the one page agenda. BCBA Secretary Rebecca A. Fleming, for the Nominations Committee, announced the slate for BCBA Executive Council elections to be held in June.
as Honorary BCBA.
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The next Stated Meeting is June 22, 2017 at 4:30 p.m., in Ceremonial Courtroom No. 5. As this will be the “Annual” meeting of the Association, it will be immediately followed by a reception at the Towson Tavern on York Road to celebrate the incoming President, Officers and At-Large Members of the Executive Council. All BCBA Members are welcome and encouraged to attend this event, generously sponsored by The Law Offices of Peter G. Angelos.
President – Adam T. Sampson President-Elect – Rebecca A. Fleming Secretary – Michael W. Siri Treasurer – Jay D. Miller At-Large Members – Stanford G. Gann Jr., John G. Turnbull III, Lisa Y. Settles, Sondra M. Douglass, Richard Grason IV and Robert K Erdman Jr. Young Lawyers Representative – Amor Neill Thupari
Richard Grason VI, Partner at Hanley & Grason
As Immediate Past President, Mr. Thompson will also be an Executive Council Member. For the President’s report, Mr. Thompson acknowledged the work of the BCBA staff Executive Director Doris D. Barnes, Lawyer Referral Service Director Rachel M. Ruocco and Executive Assistant Maxine M. Morrow - in making the winter party and Annual Banquet successful. The next order of business was reports on the past and planned activities of the BCBA’s 26 Standing Committees. The final piece of business was acceptance by acclamation of retired Baltimore County Circuit Court Judge Patrick Cavanaugh and Robin T. Zoll
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Robert K. Erdman, Jr., Partner at Howanski, Meadows & Erdman
March 2017
SERVING THOSE WHO SERVED US A DAY OF SERVICE FOR MARYLAND VETERANS THE 2017 MSBA LEADERSHIP ACADEMY CLASS PRESENTS: SERVING THOSE WHO SERVED US: A DAY OF SERVICE FOR MARYLAND’S VETERANS Open to attorneys and other Advocates
When Thursday, March 30, 2017 8:30 a.m. - 5:00 p.m. Where University of Baltimore School of Law Moot Court Courtroom 1401 North Charles Street Baltimore, MD 21201 More information www.msbaleaders.com msbaleaders@gmail.com Receive free legal training on trauma-informed advocacy at a morning symposium and provide needed services to Maryland’s vets at an afternoon expungement clinic!
Registration is open now! Register online at http://www.msbaleaders.com/registration
Welcoming Remarks Hon. Beverly J. Woodard, Veterans Treatment Court Circuit Court for Prince George’s County Plenary Panel on Trauma-Informed Lawyering for Veterans Breakout Session 1: The Ins and Outs of Serving Military Clients Breakout Session 2: Working with Veterans in Maryland's Veterans Treatment Courts Expungement Training LUNCH Afternoon Expungement Clinic 1:30-5:00 p.m. Volunteer attorneys receive malpractice insurance through MVLS, access to attorney advisors at the Expungement Clinic, and free legal skills training in the morning! THE ADVOCATE
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Committee News FLYERS for all programs can be viewed and printed from the BCBA website calendar (www.bcba.org). You can also elect to make a voluntary donation during any registration process to this year’s designated Charity - The Women’s Law Center. In advance, thank you for your generosity.
CLE COMMITTEE March 21, 2017, 5 p.m., The Enneagram Personality System & The Law. Speaker: William A. Stavros, Esquire
CRIMINAL LAW COMMITTEE May 17, 2017, 5 p.m., Administrative Hearings, presented by Neil Jacobs.
ESTATES & TRUSTS COMMITTEE March 21, 2017, 5 p.m., Recent Developments in Estate Administration April 26, 2017, 5 p.m., Diminished Capacity May 24, 2017, 5 p.m., Annual E&T Dinner June 21, 2017, 5 p.m., Legislative Update with Register of Wills Grace Connolly
FAMILY LAW COMMITTEE March 14, 2017, 6 p.m., AGC v. Framm: A Debrief, Christopher Daniel Restaurant
LAW DAY COMMITTEE
LAWYER REFERRAL & INFORMATION SERVICE Please note that the 2016-2017 Lawyer Referral & Information Service (LRIS) renewal information is now available. Click here to open and print out the application. If you are a current member, you must renew each year. If you are not a member of LRIS and wish to join, now is a great time! Contact Rachel Ruocco at 410-337-9100 or rachel@bcba.org if you have any questions about LRIS.
MEMORIAL & RECOGNITION COMMITTEE Please notify Doris Barnes at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to the members. Thank you. Those members who will be honored at next year’s service on November 16, 2017, at 3:30 p.m., include: Judge Christian M. Kahl Constance K. Putzel Judge A. Gordon Boone, Jr.
COMMITTEE REPORTS
The 14th Amendment: Transforming American Democracy May 1, 2017, 7:30 a.m., Breakfast at DLA Piper. Speaker: Judge Paul W. Grimm May 1, 2017, Noon Ceremony & Awards, Ceremonial Courtroom No. 5, Towson
All Committee Reports, Chair and ViceChair contact information, upcoming programs and handouts from those programs already held this year can be found on the website at www.bcba.org.
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Committee News Negligence, Insurance & WC Committee
YOUNG LAWYERS COMMITTEE
March 9, 2017, 5 p.m., Workers’ Comp 101 & Vocational Rehabilitation
Running Club. We are aiming to have monthly runs the second Wednesday of each month, for anyone who is interested. For the upcoming cold months, meet in the lobby of 401 Washington Avenue (rather than at the courthouse fountain in Patriot Plaza). We recommend that runners bring reflective gear, headlamps, etc.
May 16, 2017, 5 p.m., Medical Malpractice Cases/ Opening Arguments
PROFESSIONALISM COMMITTEE
March 8, 2017, 5:30 p.m., Running Club, 401 Washington Avenue Lobby. Drinks to follow at Towson Nacho Mama’s.
This committee will meet on the following dates: March 21, 2017, 5 p.m., location TBD April 18, 2017, Noon, conference call May 16, 2017, 5 p.m., location TBD
March 10, 2017, Noon, Chamber Chat w/Judges Cox, Jakubowski, Cahill & Norman, 4th Floor Judicial Conference Room
April 25, 2017, 5 p.m., Civility & Advocacy: Not Mutually Exclusive, Circuit Court for Baltimore County. Reception immediately following.
April 2, 2017, 2-6 p.m., Annual Bull & Oyster Roast, Towson American Legion
PUBLIC AWARENESS COMMITTEE
April 12, 2017, 5:30 p.m., Running Club, Patriot Plaza. Drinks to follow at Towson Nacho Mama’s.
&
SPEAKERS
April 25, 2017, 5 p.m., Civility & Advocacy: Not Mutually Exclusive, Circuit Court for Baltimore County. Reception immediately following.
Civics & Law Academies, 8:30 a.m. - 2 p.m. March 31, 2017, CCBC Owings Mills If interested in teaching opportunities next year (2017-18), please email Doris Barnes (doris@bcba.org) and ask to be advised when dates are selected. Prepared presentations are provided for each class.
SOLO & SMALL FIRM COMMITTEE March 23, 2017, Noon, Become a Rainmaker for Your Practice, Grand Jury Room. Lunch sponsored by The Growth Coach of Greater Baltimore
May 10, 2017, 5:30 p.m., Running Club, Patriot Plaza. Drinks to follow at Towson Nacho Mama’s. June 21, 2017, 5:30 p.m., Running Club, Patriot Plaza. Drinks to follow at Towson Nacho Mama’s. Note change of week due to MSBA Annual Conference in Ocean City. Summer Dates for Running Club will continue on the second Wednesday of each month.
Please email Maxine Morrow if you would like to be added to any Committee list, to receive emails specific to that Committee. You will remain on your selected Committee(s) until you ask to be removed, with the exception of Bench/Bar and Lawyers Assistance, which are by appointment of the President. If you are interested in being considered for Bench/Bar and/or Lawyers Assistance Committee(s) for 20172018, please email Doris Barnes. THE ADVOCATE
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BANKRUPTCY—Chapters 7 and 13 1-800-BANKRUPT or 410-288-5788 Law Office of Nicholas J. Del Pizzo, III, P.A. STOP
Foreclosures Wage Garnishments Vehicle Repossessions Creditors Calls Judgments Lawsuits Free Consultation – Payment Plans
We are a Debt Relief Agency servicing all areas of Baltimore County, Baltimore City and Harford County – Over 1,000 cases filed.
Paul E. Alpert, Retired Judge Available for Mediation and Arbitration Former Judge of District Court, Circuit Court and Court of Special Appeals
410-484-2088
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THE PROFESSIONAL LAWYER by D. Jill Green
The Honorable Dana M. Levitz, former Senior Judge for the Baltimore County Circuit Court, knew from a young age that he wanted to one day grow up to become a Judge.1 As a thirteen year old, he spent his summer observing cases presented before the Supreme Bench of Baltimore, now the Circuit Court of Baltimore City.2 During this time, Judge Levitz realized that he not only needed to be a lawyer to become a judge, but that he needed to be a respected lawyer in the legal community.3 What does it mean to be a “respected lawyer” and how does a lawyer work towards being perceived as such? Characteristics of the respected lawyer include a hard work-ethic, a deep understanding of the law, and an ability to zealously and effectively advocate for your client. One of the most important, yet sometimes overlooked, characteristics is civility. Civility is defined as formal politeness and courtesy in behavior or speech.4 The Maryland Attorney’s Rules of Professional Conduct addresses civility in the Preamble stating, “ An attorney, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice…[t] hese principles include the attorney’s obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.” The code outlines three categories of relationships: lawyer to clients, lawyer to the bench and bar, and lawyer to the public. We must recognize the inherent tension between our mandate to advocate zealously while maintain our civility. We must ask ourselves; can we truly be zealous advocates or wise counselors if we are discourteous or uncivil to our clients, other attorneys, the bench, or court personnel? What impact does our behavior towards clients, attorneys and judges have on the public perception of lawyers and the legal system? And, consequently, what impact on our professional reputation?
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In AGC v. Mahone, 398 Md. 257 (2007), Respondent attorney was held to be in violation of Maryland Rules of Professional Conduct Rule 8.4(d). Rule 8.4 (d) in three different matters. The Court found that he behaved discourteously; he was late and/or did not appear for hearings; he did not apologize or explain the circumstances surrounding his misconduct; he was rude and often interrupted the judge presiding over the matter; and his overall behavior was “disruptive and disrespectful to the Court.” Respondent was acting as a “zealous advocate on behalf of his clients,” but that he “failed to recognize that he is an officer of the Court and has a duty to his clients, the Court and the public.” “Talk less, smile more” wise advice from Aaron Burr to Alexander Hamilton (in the Broadway hit “Hamilton”). This sounds like a relatively simple concept to understand and adopt but at times, particularly in highly contested litigation, lawyers may find it difficult to zealously advocate for their client while maintaining civility as an officer of the court. Talking less provides the space for active listening and allows for a more meaningful and purposeful response. Smiling more exhibits an outward disposition of positivity and sincerity. Together, these two actions project cordiality and respect. Having respect for others and carrying yourself in a professional manner elevates the individual attorney and our profession. In the words of Justice O’Connor, “More civility and greater professionalism can only enhance the pleasure lawyers find in practice, increase the effectiveness of our system of justice, and improve the public’s perception of lawyers.”
1
Levitz, Dana M. (2008) “So, You Think YouWant to Be a Judge,” University of Baltimore Law Review. Vol. 38: Issue 1, Article 8. 2 Id. 3 Id. 4 Merriam-Webster Dictionary
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COUNTY COUNCIL UPDATE by Thomas H. Bostwick Greetings! The members of the Baltimore County Council are grateful for the opportunity to update the County Bar on the activities of our County’s legislative body. Your seven member County Council serves as the independent Legislative Branch of County government. The Council meets yearround, 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 www.baltimorecountycouncil.org provides helpful information as well. At its February 21, 2017 Legislative Session, the County Council passed Bill 2-17 – Social Host – Unruly Social Gatherings. Early in 2016, the Council passed Bill 90-15, which created the “Social Host – Unruly Social Gatherings – Pilot Program” law. This law places the legal obligation for loud and uncontrolled parties in residential areas, with excessive and underage drinking and perhaps other offenses, not only on the person or persons responsible for the unruly social gathering, but also on the owner of the residence or other private property where the gathering is held. Bill 90-15 initially defined the pilot program area as an area of East Towson near Towson University, as well as an area of Arbutus near UMBC. Also in 2016, the Council passed Bill 36-16, which amended the pilot program area to include Historic East Towson. Bill 2 -17 further amends the pilot program area to include additional areas of Greater Towson, consisting of the West Towson community; and the Rodgers Forge, Loch Raven Village, and Knettishall communities.
County Police Department from 1996 to 2007, and then served as Superintendent of the Maryland State Police from 2007 to 2011. Chief Sheridan will serve during the remainder of the term of the County Executive, following the retirement of Chief James Johnson. In addition, the Council confirmed the reappointments of Cecily Bedwell, Qutub Syed, John DiMenna, and Nicole Brooks to the Design Review Panel (“DRP”). As the land use practitioners are aware, the DRP was established to encourage design excellence through the application of design guidelines contained in the Master Plan, the Comprehensive Manual of Development Policies, adopted community plans, and Section 260 of the Zoning Regulations. The DRP’s general charge is to assess the overall quality of a project. Its members act in a technical consulting capacity and the recommendations are binding on a Hearing Officer and County agencies. The DRP reviews plans for designated commercial and residential review areas. The County Council offers it congratulations on these appointments.
sincerest
Also at its February 21, 2017 Legislative Session, the Council approved several appointments and reappointments. First, the Council confirmed the appointment of Terrence B. Sheridan as Chief of Police for Baltimore County. Chief Sheridan has had a long and distinguished career in law enforcement, including 30 years with the Maryland State Police. Thereafter, he served as Chief of the Baltimore
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M
ark your calendars.
The BCBA Stated Meeting will be held at 4:30 p.m. in Ceremonial Courtroom No. 5 on Thursday, June 22, 2017. The Annual Reception will be held immediately following the June meeting.
What are your photos worth? What if you woke up tomorrow and they were ALL gone? Take a few minutes to check out this service. Here is a link to an introduction video (90 sec): https://www.youtube.com/watch? v=izLiqnX5h2o.
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And one (3.5 min) to explain the permanent storage concept: https://www.youtube.com/ watch?v=K7k-pqJZ92w.
Continued on page 22
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Charles W. Michaels, Esquire Trial Level and Appellate Level Research & Writing Trial Level Assignments, $150/hour Appellate Level Assignments, $200/hour 20 years experience with research and writing at all levels Invaluable assistance with trial-level pleadings, motions, memoranda and appellate brief drafting for Maryland appellate courts and Federal appellate courts Advance required.
Contact 443-846-5207 or cwmichaels@earthlink.net References available upon request. Member, BCBA
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Don’t let this happen to your career. Reach out for help before it becomes a train wreck. Don’t wait for Bar Counsel to pay you a visit. Confidential help is available for any attorney, paralegal or support staff for drug, alcohol and/or mental health issues, among others.
ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ... BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges. Our services include help for a broad range of problems and personal concerns, such as: Depression Marital and Family Relationships Alcohol and Drug Abuse Stress and Burnout Prescription Drug Concerns Career Concerns
Gambling Internet Addiction Sexual Addiction Compulsive Spending Eating Disorders Balancing Work and Family
WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access to treatment facilities and provide emergency practice management, as well as referrals to professional counselors. GARY MILES, Chair RICHARD LYNAS, Vice-Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA JIM QUINN BILL SALTYSIAK MARK VAN BAVEL
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443-632-1760 410-288-1099 410-832-7579 410-241-8538 410-649-2000 917-226-6472 410-951-7165 443-851-7353 410-733-3306 410-583-6969 443-703-3041 410-583-8883 410-337-5291
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Signature Sponsors
LAWYER IN THE LOBBY CLINIC The attorneys listed below have volunteered to staff the LAWYER IN THE LOBBY CLINIC, which is held the second Wednesday of each month, 4:30 to 6:30 p.m. This is an opportunity for citizens of Baltimore County to meet, free of charge, with an attorney for advice and/or referral or both (including self-referral) in the areas of collections, bankruptcy, landlord/tenant matters, contract, warranties and other consumer matters, wills, probate, advance directives, or small claims actions. If you are interested in staffing the Clinic, please call Rachel M. Ruocco at 410-337-9100 or email rachel@bcba.org. Jerry Blake Julius Blattner Jessica Corace Keith Franz Bruce Friedman Bambi Glenn Valerie Ibe Michael Jeffers Fu-Mei Jiang Richard Lebovitz Craig Little Brady Locher
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Lisa Magil Mala Malhotro-Ortiz Paul Mayhew James Nolan Lynne Peace Larry Polen E. David Silverberg Brian Tillman Rob Tully Michelle Valenti Jordan Watts
The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This single-tier program provides more engagement between our sponsors and our members. Each Signature Sponsor can host an event during the year, thereby reducing the cost of the event for members while providing added benefits. Sponsorships help the Bar Association maintain its current dues level despite the increasing costs of providing topshelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Doris Barnes (doris@bcba.org or 410-337-9103).
Please join us in welcoming these sponsors and consider their services when you need them. Their ads are throughout each issue of The Advocate, distinguished by the gold ribbon that accompanies the ad. Please let them know you appreciate their support. Thank you.
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LAW LIBRARY INFORMATION The General Assembly is No Longer Having a “Reel” Good Time The General Assembly has begun publishing bill files in PDF format starting with the 2003 bill files. For the uninitiated, bill files are the material associated with the various bills the General Assembly considers each session. In some instances they can provide insight into the General Assembly’s intent when drafting legislation. Starting in 1976 bill files were microfilmed. Unfortunately, the state is slightly lagging in making this material available. Hence, 2003 is the most recent year available outside of Annapolis. However, all bill files except the most recent year or two are available at the Department of Legislative Services Library in Annapolis. In addition to the bill files on the Law Library’s workstations, the library holds all available bill files on microfilm reels from 1976 to 2002. This is the most complete collection available outside of the actual bill files in Annapolis. Finally, the Law Library recently added a guide to the otherwise sparsely-marked 1978 reels. New Titles FORENSIC PATHOLOGY IN CIVIL AND CRIMINAL CASES, 4th ed. Wecht, Cyril; Graham, Michael; Hanzlick, Randy. Ever wonder what real-world Quincys or CSIers do with dead bodies and how their work is important to civil and criminal cases? Then take a look at this book. You’ll learn all that and more, including many nuances and other considerations when using them and their work product as evidence. One look at the table of contents and you’ll be “dying” to read the whole book. MASTERING THE ART OF DEPOSITIONS. McEntire, Sawnie. This excellent book by a Texas attorney deepens the reader’s understanding of and tactics using depositions. The two most substantial chapters are “Preparing Fact Witnesses for Deposition” and “Preparing for and Deposing Adverse Experts.” MEDIATION FOR ESTATE PLANNERS : Managing Family Conflict. Gary, Susan. A wise law professor once said “death and money changes people.” If you find this to be true in your practice, then be sure to stop by the library and browse through this book. This book contains many practical articles concerning what is mediation and how to be a successful and effective mediator. Mediating families in estate planning comprises a significant portion of this book. However, the Family Business Succession Planning section comprises an almost equal amount of the book. This seems to be an area of growing interest among the Law Library’s patrons.
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The Baltimore County Bar Association 100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 410-337-9103-Telephone 410-823-3418-Facsimile www.bcba.org
Don’t miss items included in this issue: Pg. 5 - Save the Date Flyer Pg. 7 - Bull & Oyster Roast Registration Flyer Pg. 18 - Law Day Registration Flyer Pg. 20 - Serving Veterans, Training & Service Pg. 36 - March 23, MVLS March Madness Event
MEMBER ADVERTISEMENTS Maryland Reports, Volumes #1 to #345. Walnut looking book case included. Currently located in Pikesville area. $350 or best offer. Gerald Zimlin, zimlinlaw@comcast.net , 410-686-1911. Towson. Office space available in First-Class Suite directly across from the Towson District Court. Parking, use of conference rooms, library, receptionist, etc. included. Contact Keith at 410-821-6800. Middle River. Professional space, share office. Use of conference and waiting rooms, copy and fax machine, and internet. Free parking. Available immediately. Contact Jerry at zimlinlaw@comcast.net or call 410-686-1911. Towson. Window office space (and interior office space) available for subtenant with boutique litigation firm loctated in top floor of the PNC Bank building, 409 Washington Avenue, Towson MD. Panoramic views of Towson overlooking Courthouse Gardens. Use of newly furnished large glass conference room and other support available depending on individual needs. Contact Adam at 410-823-5003 or adam@spencefirm.com. Owings Mills. Office space available in a small law firm, perfect for a solo practitioner. Includes use of conference rooms, waiting area, photocopier/fax/scanner, utilities, plentiful free parking, and congenial atmosphere. Located just off Red Run Blvd., near I-795. Contact Andy Hermann at ahermann@LMCPLAW.com or 410-998-1198. Towson. Office space available in a small law firm, perfect for a solo practitioner. Approximate size is 20x15. Furnished office, and comes with desk, credenza and book cases. Use of conference room, waiting room and utilities. Free parking. Rent $650/month. Call 410-321-8368 or email Stephen Dunn at sdunn@sdunnlaw.com.
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