Advocate October 2017

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVI, NO. 4

October 2017

PRESIDENT’S MESSAGE

by Adam Thomas Sampson Did you know that October is Pro Bono Month? For its part, the American Bar Association’s Standing Committee on Pro Bono and Public Service will lead a National Pro Bono Celebration from October 22 – 28, 2017 in an “effort to meet the ever-growing needs of this country’s most vulnerable citizens by encouraging and supporting local efforts to expand the delivery of pro bono legal services, and by showcasing the great difference that pro bono lawyers make to the nation, its system of justice, its communities and most of all, to the clients they serve.” To learn more, visit www.celebrateprobono.org.

For our part, the BCBA, in partnership with Maryland Legal Aid and Maryland Volunteer Lawyers Services, will sponsor a Pro Bono Legal Clinic for all Baltimore County residents on October 7, 2017, from 10:00 a.m. to 1:00 p.m., at the Eastern Technical Fall Festival.

Free legal services will be provided regarding family law matters, expungements, landlord/tenant disputes, veteran benefits, wills and advanced directives, government benefits, bankruptcy and consumer issues, and more. Also, Pessin Katz Law, P.A. will again generously host the annual Pro Bono Volunteer Appreciation Reception on October 24, 2017, from 5 p.m. to 7

p.m., during which the Pro Bono Award winner will be announced.

Please contact Virginia L. Reed, (virginia@kh.legal), if you are interested in joining the Pro Bono Committee. On a related note, the BCBA, through its Lawyer Referral & Information Service (LRIS), now offers reduced fee services to current and former service members of a branch of the United States Armed Forces. For more information, please contact Rachael Ruocco, LRIS Director, at rachel@bcba.org or 410337-9100, (ext. 102).

As we join bar associations around the country to take part in the National Pro Bono Celebration, I want to sincerely thank all BCBA members who have helped to ensure quality legal representation for our most vulnerable citizens by taking pro bono cases, participating in the BCBA’s Lawyer in the Lobby program, and making donations to pro bono service providers. Also, now is a great time to get involved if you have not in the past.

Adam T. Sampson, President Baltimore County Bar Association, 2017-2018

Inside This Edition ABA Delegate Report Annual Sponsors Bar Kick-Off Party Calendar of Events Civil Law Update Committee News District Ct Assignments FL: Evidentiary Issues Lawyers Assistance Member Ads Member News Pro Bono Award Event Professionalism Save-The-Date Flyer UB Law 1L Orientation Wine & Whiskey Event

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H a w k M o r t g a g e G r o u p , L L C , Signature Sponsor THE ADVOCATE

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October 2017

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October 2017

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

October 2017

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 Ari J. Kodeck Committee Vice -Chair

Contributing Writers Thomas H. Bostwick Mariela C. D’Alessio Justin E. Fine D. Jill Green William R. Levasseur, Jr. Margaret M. McKee Cecilia B. Paizs Anne L. Preston Kimberly K. P. Rothwell Jeffrey R. Scholnick Paul J. Schwab Scott D. Shellenberger Angela J. Silverstein Alaina L. Storie Britt L. Stouffer 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.

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ADR: Mediator Certification , to be scheduled Family Law: Advanced BIA Training (2 of 3), 5 p.m., Grand Jury Room COURTS & BAR OFFICE CLOSED in observance of Columbus Day Executive Council Meeting, 8 a.m., Judicial Conference Room 412 Pro Bono Committee Meeting, 4:30 p.m., Levin & Gann NIWC: Soft Tissue 101, 5 p.m., Grand Jury Room Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office* Family Law: Limitations on Reunification Therapy, 5:30 p.m., Towson Tavern Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 Real Property: Liquor Licenses, 5:30 p.m., Country Club of Maryland E&T: Financial Planning Update, 5 p.m., Grand Jury Room Law Day Committee Meeting, 5 p.m., BCBA Mezzanine Offices Bar Foundation Meeting, 3:30 p.m., Ceremonial Courtroom No. 5 Stated Meeting & Committee Reports, 4:30 p.m., Ceremonial Courtroom No. 5 Young Lawyers Happy Hour, 5 p.m., 7 West Bistro Grille, sponsored by Howard Bank, BCBA Annual Signature Sponsor Family Law: Advanced BIA Training (2 of 3), 5 p.m., Grand Jury Room BCBA Annual Pro Bono Awards & Reception, 5-7 p.m., Pessin Katz Law

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Young Lawyers Chamber Chat with Judges Deeley & Robinson, Noon CLE: What is it worth? & Show me the money! 5 p.m., Towson Tavern Sponsored by Chesapeake Valuation Advisors and Howard Bank, BCBA Annual Signature Sponsors 1 Family Law: Evidentiary Issues (1 of 2), 5 p.m., County Courts Building 8 Lawyer in the Lobby, 4:30-6:30 p.m., Bar Office* 9 Bench/Bar Committee Meeting, 8 a.m., Judicial Conference Room 412 9 Family Law: Evidentiary Issues (2 of 2), 5 p.m., County Courts Building 10 COURTS & BAR OFFICE CLOSED in observance of Veterans Day 14 Executive Council Meeting, 8 a.m., Judicial Conference Room 412 14 Pro Bono Committee Meeting, 4:30 p.m., Levin & Gann 14 Professionalism Committee Meeting, 5 p.m., Royston, Mueller, McLean & Reid 14 Family Law Dinner,: Domestic Torts, 6 p.m., Woodholme Country Club 15 NIWC: Accident & Bio-Medical Reconstruction, 5 p.m., Courtroom TBD 16 Annual Memorial Service, 3:30 p.m., Ceremonial Courtroom No. 5, Immediately followed by a Reception (County Courts Building) 18 National Adoption Day Ceremonies & Luncheon, 11 a.m., Old Courthouse 21 Criminal Law: Judge Murphy on Evidence, 5 p.m., County Courts Building 23-24 COURTS & BAR OFFICE CLOSED in observance of Thanksgiving 28 Solo & Small Firm “Cocktails, Tips & Treats,” 6 p.m., Charles Village Pub 29 E&T: Special Needs Trusts/ABLE Accounts, 5 p.m., Grand Jury Room

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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*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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October 2017

Judges’ assignments are subject to change without further notice.

Please be advised that ALL of the Judges of the State of Maryland will be attending the Maryland Judicial Conference on Wednesday, June 6 through Friday, June 8, 2018 and, therefore, there will be no Judges available on those dates.

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October 2017

UB LAW 1L ORIENTATION

by Kevin E. McKay

Members of the Baltimore County Bar Association attended the 1L Orientation Fair and Reception at the University of Baltimore School of Law on the evening of August 15, 2017. Following a day of mandatory orientation programs, the incoming first year students were treated to food and drinks as they browsed tables hosted by local bar associations and other community legal groups. Doris Barnes and Kevin McKay represented the Baltimore County Bar Association and collected more than 75 applications for student membership. Each student who completed an application was given a $5 gift card to Starbucks, a place known all too well to sleep deprived and anxious first year law students. A lot of hands were shaken as Doris and Kevin explained all the benefits of Bar Association membership, including the opportunity to attend the Annual Kick Off Party at Charles Village Pub on September 19. Each of the students was very eager to start their life in the law and what better way to get started than to join the BCBA! We look forward to having these students as members and wish them well in their first year of law school.

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UB Law Student Ebony Smith, BCBA Executive Director Doris Barnes, and UB Law Dean Ronald Weich

October 2017

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October 2017

CIVIL LAW UPDATE

by Ceecee Paizs

Review of the Amicus Curiarum for July, August and September 2017 revealed the following civil cases of interest: THE COURT OF APPEALS: Natasha Burak v. Mark Burak, et. al, No. 97, September Term 2016, filed August 29, 2017.

Opinion by Hotten This case involved a couple who began a polyamorous relationship when their child was 3 years old. They also began to engage in the use of drugs. During this period of time, the parents would use the child's paternal grandparents as care providers whenever they scheduled such activities.

Subsequently, the parents' relationship deteriorated, and Mother filed for divorce. The parents entered into a pendente lite custody agreement in January 2014 in which Mother retained custody of the child.

In April 2014, the paternal grandparents filed a motion to intervene, attaching a Complaint for Custody as their intended pleading, alleging Mother and Father were unfit parents and that exceptional circumstances existed warranting a change of custody to the paternal grandparents. The trial judge determined that Mother was an unfit parent, listing the factors considered, and that exceptional circumstances existed under Ross v. Hoffman, 280 Md. 172, 372 A. 2d 582 (1977) warranting the consideration of the best interests of the child and a change of custody to the paternal grandparents.

Subsequently the paternal grandparents filed a motion for child support and a contribution to extraordinary medical expenses for the child from both parents. The magistrate held that Maryland law obligates parents to support their children and that the financial resources of the paternal grandparents was not an appropriate consideration, and ordered child support to be paid by each parent which included consideration of the expenses for the psychotherapeutic care of the minor child. Mother appealed and the Court of Special Appeals affirmed.

The Court of Appeals reversed holding that while the trial court appropriately permitted the paternal grandparents to intervene based on a prima facie showing that the parents were unfit to have custody of the child and that exceptional circumstances existed, the trial court erred in finding that Mother was unfit. Citing McDermott v. Dougherty, 385 Md. 320, 869 A2d 751 (2005), the Court determined that the additional pleading requirement balanced the constitutional right that a parent has in the custody of his or her child, noting that there are circumstances where the presumption favoring parental custody is overcome and that the child's best interest are served by granting custody to a third party, and aid the court in considering whether intervention by a third-party would "unduly delay or prejudice the adjudication of the rights of the" biological parents by permitting the intervention of a third party. The Court held that the record at trial did not support the hearing judge's findings of fact, noting that the factors relevant to a circuit court's consideration of whether a biological parent is unfit within the custody contest did not fit this matter, as Mother did not abandon the child, neglect the child, inflict or permit another to inflict harm to the child, suffer from an emotion or mental illness that has a detrimental impact on the parent's ability to care and provide for the child, renunciated her duties to care and provide for the child, nor engage in behavior or conduct that is detrimental to the child's welfare. In fact, in this matter, Mother specifically provided for the care of the child during those periods when her behavior might prove detrimental to the child, was responsive to the child's psychological needs, and remained a regular and active participant in the child's care. Further, the Court concluded that the trial court abused its discretion in finding that exceptional circumstances existed because the trial judge erred in applying the fact of this case to the Hoffman factors, which serve as a guide. While finding that the paternal grandparents had a strong relationship with the child, the Court held that the factors did not support a finding that the child would likely fail or remain in crisis if left in the care of the Mother.

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CIVIL LAW UPDATE Continued from page 8

Ann McGeehan v. Michael McGeehan, No. 93, September Term 2016, filed August 10, 2017.

Opinion by Battaglia, Lynne, Judge.

During the course of their marriage, the parties purchased three pieces of real estate in DC, Virginia and Ellicott City, Maryland. The DC and Ellicott City property were titled tenants by the entirety, and the Virginia property was titled in Husband's name alone. In 2005, as a result of an agreement to recompense Wife for the fact that Husband had traded away her inherited stock portfolio, the parties agreed that all of the property would be transferred into Wife's name as her sole and separate properties.

In addition, Wife changed her will to exclude Husband, who signed a waiver of his statutory share.

Subsequently, Wife sold the DC and Ellicott City properties, and contributed a portion of the proceeds of sale to the purchase of a second property in Ellicott City on Log Jump Trail. In October 2014, the parties separated and Husband filed for divorce in December 2014, which was granted in December 2015. The trial court cited Golden v. Golden, 116 Md. App. 190 (1997) and Falise v. Falise, 63 Md. App. 574 (1985) in finding that while the parties mutually agreed that certain properties were to be Wife's the language of the agreement was required to specify that the property was to be excluded from marital property. The trial court granted the divorce and determined that the Log Jump property was marital property and did not consider whether any portion of it was excluded by valid agreement or its source of funds.

The Court of Appeals affirmed the judgment of absolute divorce but vacated and remanded the judgment granting monetary award. The Court held that under Section 8-201(e)(3)(iii) of the Family Law Article, a valid postnuptial agreement does not require language reclassifying property as nonmarital in order to exclude that property from marital property in divorce. On remand, the trial court was mandated to consider whether there was a valid agreement to exclude Log Jump from marital property and absent that, to consider whether the

source of funds used to purchase Log Jump was traceable to the Ellicott City and DC properties.

Sage Title Group, LLC v. Robert Roman, No. 87, September Term 2016, filed August 4, 2017.

Opinion by Greene, Judge Mr. Roman agreed to deposit money into Sage Title's escrow account to help Brian McCloskey show liquidity in the account in order to obtain commercial building loans. Mr. Roman did not intend for the funds to be a loan and that it would be returned to him once the financing was obtained. Mr. Sniffen, a branch manager of the Sage Title office through which the loan was being obtained, instead disbursed all of the funds held for Mr. McCloskey, including Mr. Roman's funds. Mr. Roman sued Sage Titled for conversion/theft and negligence, seeking to hold Sage title responsible under the theory of respondeat superior as well as the theory of direct negligence.

Mr. Roman did not provide expert testimony as to the title company's duty of care to third parties. The trial court reserved on Sage Title's motion for judgment as to the negligence count at the close of Mr. Roman's case, but ultimately granted judgment at the close to trial. The jury returned a verdict in favor of Mr. Roman on the conversion count, awarding him his full deposit amount of $2,400,000 in damages. Sage Title moved for Judgement notwithstanding the verdict arguing that Mr. Romans' funds were commingled in sage Title's escrow account and could not therefore be subject to conversion. The trial court granted Sage Title's JNOV. The Court of Special Appeals affirmed as to the negligence count but reversed the trial court's grant of JNOV on the conversion count. Both parties appealed.

The Court of Appeals affirmed, determined that the general rule in Maryland that money is not subject to conversion did not apply as the funds were specifically identifiable. Citing Allied Investment Corp. v. Jasen, 354 Md. 547, 564 (1999). The Court held that Mr. Roman's funds were properly the

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CIVIL LAW UPDATE Continued from page 9

subject of a conversion claim because the funds remained specifically identifiable by way of Sage Title's ledger report and because all of Mr. Romans' funds were disbursed by Mr. Sniffen. Further, Sage Title was vicariously liable for the acts of its employee, Mr. Sniffen, because he was acting in furtherance of the employer's business and Sage Title authorized the conduct. The Court further held that while preserved his claim of respondeat superior when it presented that theory in a memo submitted in support of its motion for judgment at the end of Mr. Roman's case as well as when it renewed its motion for JNOV at the close of Mr. Roman's case, but did not preserve the argument of unclean hands when it raised the issue for the first time in its motion for JNOV. The Court held that the trial court properly granted Sage Title's motion for judgment on the negligence count as expert testimony was necessary to establish Sage Title's standard of care with regard to the handling of its escrow account.

THE COURT OF SPECIAL APPEALS: Rene Mitchell v. Keith Yacko, et al., No. 200 September Term 2016, filed May 31, 2017. Opinion

by Leahy, In June 2005, Ms. Mitchell signed a sales contract for a residential property in which it stated that the financing would be a conventional fixed rate loan.

At the time of the closing in July 2005, Ms. Mitchell noticed that the promissory note and deed of trust contained language related to an adjustable interest rate. When she informed her realtor and the settlement agents of the error, the agents agreed that the deed of trust and note would be stamped with the word "VOID." And when the documents were returned to Ms. Mitchell both contained stamps reading "VOID" and "CANCELLED AND SATISFIED IN FULL." No new loan documents were executed. However, Ms. Mitchell moved into the property and paid the monthly amount designated in the documents for 8 years. In January 2013 Ms. Mitchell began to fail to pay the installment payments due each month. As a result, a foreclosure action was filed. The records of Prince George's

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County showed that the documents that were filed were those from the terminated closing without the words "void" or "cancelled." In addition, the order to docket contained an affidavit executed by the servicing agent stating that the note is a "true and accurate copy." Ms. Mitchell filed, under Maryland Rule 14-211, a motion to stay sale and dismiss the action, arguing that the order to docket did not provide a copy of a valid and enforceable note or deed of trust, which the circuit court denied without a hearing.

The Court of Special Appeals reversed, analyzing Maryland Rule 14-207 which addresses the pleadings and exhibits that must be filed to commence a foreclosure. The Court cited Wells Fargo Home Mortgage, Inc. v. Neal, 398 Md. 705 (2007) noting that in a foreclosure case, one may not request equitable relief with unclean hands. The Court then discussed Maryland Rule 14-211, which governs motions to stay foreclosure sales and dismiss foreclosure actions. It held that forgery is a valid defense under Rule 14-211and that the trial court should not have denied Ms. Mitchell's motion without a hearing. Further, the Court held that a party cannot institute a foreclosure action upon forged documents and that Ms. Mitchell's motion sufficiently pleaded a defense because it pleaded elements of forgery. Therefore the trial court erred in denying Ms. Mitchell's motion without a hearing.

The judgment was vacated and the case remanded to the circuit court for further proceedings to determine whether the note or deed of trust filed in the land records and attached to the order to docket were forged.

Joseph Basso v. Juan Campos, et al. No. 364, September 2016 Term, filed July 27, 2017. Opinion

by Eyler, Deborah S., Judge Sellers purchased a residential property and during a two month period renovated the property for resale.

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CIVIL LAW UPDATE Continued from page 10

The purchaser sued the sellers for negligent misrepresentation, fraud, and violations of the Consumer Protection Act, alleging that the seller knew of, failed to disclose and concealed that there had been flooding in the basement of the property during the period the sellers owned and were renovating the property. The purchaser presented evidence that the basement of the property flooded while owned by the sellers due to significant weather events, the mechanism of the flooding, that the sellers were on the property almost daily and knew of the flooding and what was causing it, and that they took steps to conceal the flooding. The purchaser provided the testimony of an expert who inspected the property two years after the purchase, and attempted to have the expert testify to his opinion that the property flooded during the period of ownership of the sellers and that the sellers had actual knowledge of the flooding. The trial court sustained the seller's objection to that portion of the expert's testimony, and as a result, granted Seller's motion for judgment.

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The Court of Special Appeals reversed, holding that the trial court abused its discretion in limiting the scope of the purchaser's expert's opinion testimony.

The expert witness had an adequate factual foundation for his opinion. Whether the flooding had another cause and whether the sellers did not attempt to conceal past flooding or a condition of the property were questions for the jury to decide.

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October 2017

ABA 2017 POST-ANNUAL MEETING, NEW YORK

by Hon. Barbara Kerr Howe. Maryland State Delegate

The American Bar Association convened for its 139th Annual Meeting in New York, New York, on August 9 – August 15, 2017. What a “Big Apple” of a meeting it was! More than 60 leading law firms in midtown Manhattan provided programs as the “CLE in the City Series”. There were fantastic networking opportunities, and we discussed important issues facing our profession, country, and system of justice.

Highlights included: •The ABA Expo: There was the Trial of Two Pizzas (New York -v- Chicago); Joey Jackson, Defense Attorney & CNN /HLN Legal Analyst, serving as master of ceremony for the Legal Services Corporation Concert and Rally, and the Community Service Project “Operation Gratitude,” offering members the opportunity to volunteer their time.

•The ABA General Assembly: There was the processional of ABA Delegates with state/ territorial flag, followed by New York Bar President Sharon Stern Gerstman, who welcomed attendees to the Empire State. ABA President Linda Klein recognized John D. Feerick, former Dean at Fordham University School of Law as the 2017 recipient of the ABA Medal. In his remarks, he urged his fellow lawyers to “help address the access-to-justice gap.”

•The Membership Meeting: Candidates seeking officer positions answered questions of the membership.

•The House of Delegates met for 1½ days. The gavel was passed to President, Hilarie Bass of Florida, election results for Delegate-at-Large and Board of Governor members were announced, and the House welcomed its newly elected officer:

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President-Elect, Robert M. Carlson of Montana. In addition, the House addressed an array of other topics and issues – including the animal rights, civil rights and social justice, criminal justice, disability rights, dispute resolution, education, election law, gun violence, immigration, legal services, model rules/lawyer discipline, tort and trial and insurance, and veterans. The Daily Journal of the actions of the House of Delegates can be found on the House of Delegates Webpage.

The Select Committee Report is a more comprehensive summary and the August edition of the ABA Washington Letter also provides a detailed report.

There are many exciting things happening at the ABA. Please visit the ABA Home page to see the most current news, but there are two exciting travel opportunities for you to consider: •register for the ABA 2018 Paris Sessions in Paris, France, June 7 to June 10, 2018. •register for the Midyear Meeting in Vancouver, British Columbia, January 31 to February 6, 2018.

Your commitment to the ABA makes a difference. I ask that you encourage other lawyers, especially those recently admitted to the bar, to join the ABA. The ABA works hard to benefit the legal profession and there are many member benefits. Just check out ABA Member Advantage.

As always, if you have any questions or comments, or if I can be of assistance helping you navigate the many programs and benefits of our Association, please email me.

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Barbara Kerr Howe bkhowe@verizon.net

October 2017

PROFESSIONALISM: CAN WE TALK OFF THE RECORD?

by Michael S. Barranco Consider the following hypothetical situation: You are discussing various issues with opposing counsel, perhaps the merits of each side's case and the possibility of settlement, when opposing counsel asks you, "Can we talk off the record for a minute?" You intuitively believe opposing counsel is inviting a candid conversation about how the case might be resolved. You believe it may be in your client's best interest to pursue the conversation, and courts certainly encourage settlement. You don't want to lose the opportunity to have that discussion, but you should stop and think to yourself: What exactly does it mean to speak off the record, and should I agree?

There are many possible scenarios. For example, is opposing counsel seeking to confidentially share information with you on the condition that you can't share some or all of the information with your client?

The intention might be that you mediate a settlement which is mutually beneficial, but on the condition that only a filtered version of the communication is to be shared with your client. Alternatively, opposing counsel may understand you will share information, however, without attribution of the source of the information. Or does opposing counsel mean to say, "I'll share some important information with you, but you and your client can't use it against my client."

Before agreeing to go “off the record” there are ethical questions which must be considered.

For instance, Rule 19-301.4 of the Maryland Rules of Professional Conduct speaks to a lawyer’s obligations concerning communications with the client, and the client’s informed consent (as defined

by Rule 19-301.0(f)) with respect to decisions and proposed courses of action. Withholding material information from a client may violate the lawyer’s duties to the client. And what if a scenario were to arise in which you were required to answer questions or make representations to the Court with respect to what was discussed between counsel or the attribution (source) of the information. Candor toward the tribunal (Rule 19-303.3) would require you to disclose what you had promised to keep “off the record.” Another potential pitfall is that the very nature of an “off the record” conversation may invite inadvertent disclosure of attorney-client privileged information or may otherwise violate the lawyer’s duties with respect to confidentiality of information, as set forth in Rule 19-301.6 and the applicable case law.

Aside from ethical considerations, further confusion may arise regarding what part of a settlement discussion is protected from use as evidence in Court.

It is true that Maryland Rule 5-408 provides that conduct or statements made in compromise negotiations or mediation may not be admissible to prove the validity or invalidity of a claim. However, the rule does not protect evidence otherwise obtainable. Thus, if a fact is disclosed in the course of negotiations, but is otherwise discoverable, it may

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October 2017

PROGRAM SPONSORSHIPS are available to law firms and other businesses. If interested, please contact Doris Barnes, 410337-9103 x101 or doris@bcba.org. These sponsorships provide you with an opportunity to market your business directly to members at area-specific dinners and educational programs. In addition to being included on the program flyer, all sponsors will be included in each issue of The Advocate, thanking you for your support.

Family Law - November 14, 2017: Domestic Torts, generously sponsored, in part, by Nagle & Zaller, P.C., 7226 Lee Deforest Drive, Columbia, Maryland 21046; 410-7408100; Law Offices of Amy M. Feldman, Nottingham Center, Suite 101, 502 Washington Avenue, Towson, MD 21204; 410-296-6100; and Offit Kurman, P.A., 300 East Lombard Street, Suite 2010, Baltimore, MD 21202; 410-209-6400.

Technology - October 18, 2017, Hacking & Wire Fraud, generously sponsored by Kay Kenny and Minnesota Lawyers Mutual; 1-800-422-1370 x4367.

CLE - February 20, 2018, Client Communications: Avoiding Malpractice and Ethical Complaints, generously sponsored by Kay Kenny and Minnesota Lawyers Mutual; 1-800-422-1370 x4367.

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October 2017

Member News Members on the Move …

CONGRATULATIONS

Kristen N. Deegan, Esquire Goldman Law Firm, P.C. 3905 National Drive, suite 240 Burtonsville, MD 20866 301-778-1979 Kristen@robgoldmanlaw.com

to the following members named to The Daily Record 2017 Successful Before 40 VIP List Geoffrey M. Gamble Saul Ewing, LLP

Kathleen J. Masterton, Esquire The Riderwood Building, Suite 312 Towson, MD 21204 410-339-7111 kmasterton@verizon.net

Kayleigh Toth Keilty Pessin Katz Law Bryan Saxton The Chase Law Group, LLC

New Hire? Office Relocation?

Place your ad in The Advocate.

Reasonable rates.

Design assistance available.

Contact Doris Barnes 410-337-9103 x101 doris@bcba.org

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October 2017

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.

ADR COMMITTEE

ENTERTAINMENT COMMITTEE

October 3, 2017, 5 p.m., Mediator Certification & The MCDR Performance-Based System (Joint Program with BABC), County Courts Building, Towson

October 1, 2017, Ravens (vs. Steelers) Tailgate, Lot H - You do not need tickets to the game to enjoy the tailgate.

November 8, 2017, 6 p.m., Wines & Whiskey FR for Show Your Soft Side. Maryvale Prep.

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.

December 6, 2017, 5 p.m., Annual Holiday Party.

Towson Tavern.

January 25, 2018, 7 p.m., Annual Black-Tie Banquet, Delta Marriott Hunt Valley Inn June 7, 2018, Golf Tournament, & Beginners’ Clinic, Rocky Point Golf Course.

CLE COMMITTEE November 1, 2017, 5 p.m., What is it worth? & Show me the money! Towson Tavern.

December 5 2017, 5 p.m., Top 10 Tips for Marketing to Spanish-Speaking Clients. Grand Jury Room.

ESTATES & TRUSTS COMMITTEE October 18, 2017, 5 p.m., Financial Program.

Grand Jury Room.

November 29, 2017, 5 p.m., Special Needs Trusts/ABLE Accounts. Grand Jury Room

February 20, 2018, noon, Client Communications: Avoiding Malpractice and Ethical Complaints in Your Law Practice. Grand Jury Room.

December 5, 2017, noon, Succession Planning.

Grand Jury Room

April 19, 2018, 5 p.m., The Enneagram Personality System and Conflict Resolution. Grand Jury Room.

January 30, 2018, noon, [Alternate date for Gibber Presentation]. Grand Jury Room.

CRIMINAL LAW

February 28, 2018, 5 p.m., Gibber Presentation.

Grand Jury Room.

November 21, 2017, 5 p.m., Judge Murphy on Evidence, County Courts Building

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October 2017

Committee News Fall Mini-Series: Evidentiary Issues 5-6:30 p.m., County Courts Building

March 28, 2018, 5 p.m., ADR. Grand Jury Room.

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.

June 26, 2018, Noon, Elective Share Update. Grand Jury Room.

FAMILY LAW COMMITTEE October 11, 2017, 6 p.m., Reunification. Towson Tavern.

Limitations

November 1, 2017, Tales of Family Law Evidence: Concerns from the Bench & Bar. November 9, 2017, Authentication of Emails and Review of Related Case Law. Fall Mini-Series: Advanced BIA Training September 5, 2017 October 3, 2017 October 23, 2017

of

November 14, 2017, 6 p.m., Domestic Torts.

Woodholme Country Club.

December 14, 2017, Noon, Wasting of Marital Real Property. Grand Jury Room

Spring Mini-Series: Parenting Plans January 4, 2018 February 1, 2018 March 1, 2018 April 5, 2018 May 3, 2018 LAW DAY COMMITTEE - MAY 1, 2018

December 19, 2017, Noon, 100 Days to Trial. Grand Jury Room.

January 4, 2018, Noon, Marital Property. Grand Jury Room.

January 18, 2018, Noon, Preparing the Custody Evaluator for Testimony. Grand Jury Room.

February 21, 2018, 6 p.m., Custody Evaluations.

Speaker: Gina Santoro. Towson Tavern.

Separation of Powers: Framework for Freedom. Art and Essay Contest flyers available online.

October 18, 2017, 5 p.m., Planning Meeting. Grand Jury Room.

LRIS COMMITTEE Please renew or consider joining the LRIS at this time. Application can be found on the website: LRIS Application.

March 22, 2018, 6 p.m., Sexual Abuse Allegations.

MEMORIAL COMMITTEE April 2018. TBD May 17, 2018, 4:30 p.m., Annual Forum: Case Law and Legislative Update. County Courts Building.

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 all members. Thank you.

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Committee News Those members who will be honored at this year’s service on November 16, 2017, at 3:30 p.m., include: The Hon. Christian M. Kahl Constance Kellner Putzel Geoffrey K. Calderone, Jr. Lewis Leland Fleury Robert J. Zarbin

October 7, 2017, Fall Pro Bono Clinic. Eastern Technical High School. Volunteers needed. Please contact Ginny Reed, virginiareed2018@gmail.com October 24, 2017, 5 p.m., Annual Pro Bono Awards & Reception, Pessin Katz Law, Towson PROFESSIONALISM COMMITTEE

If you know of any other BCBA Member who passed away (since August 15, 2016), please advise Doris Barnes 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 again this year, immediately following the service on November 16th.

Monetary contributions are greatly appreciated to support the Memorial Reception, and can be made payable to the BCBA, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. Donors will be acknowledged on the printed program.

NEGLIGENCE, INSURANCE & WORKERS’ COMP COMMITTEE October 10, 2017, 5 p.m., Soft Tissue 101. Grand Jury Room.

November 15, 2017, 5 p.m., Accident & Bio-Medical Reconstruction. Grand Jury Room.

February 22, 2018, 5 p.m., A View from Big Insurance. Grand Jury Room

Committee Meetings, 5 p.m., Royston, Mueller, McLean & Reid, 102 West Pennsylvania Avenue, Suite 600, Towson.

November 14, 2017 January 9, 2018 TENTATIVE: April 18, 2018, District Court Judges Program.

THE PROFESSIONALISM COMMITTEE is now accepting nominations for the J. EARLE PLUMHOFF PROFESSIONALISM AWARD, which will be presented at the Annual Banquet on January 25, 2018. Please email your nomination to Doris Barnes (doris@bcba.org) for consideration, no later than Monday, November 14, 2017.

The Professionalism Committee requests nominations from Bar Association Members for the annual recipient of the J. Earle Plumhoff Professionalism Award, which will be presented at the Annual Black Tie Banquet in January.

Recipient of this award must be:

April 10, 2018, 5 p.m., Jury Selection/Mock Trial.

County Courts Building

A Baltimore County Bar Association member at least 5 years;

PRO BONO COMMITTEE

Have made professional contributions Baltimore County Bar Association activities;

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.

to

Have made contributions of time and resources that have gone largely unnoticed; and

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Committee News May 15, 2018, Noon, Land Records e-Filing Status, Grand Jury Room, County Courts Building

High marks for dignity, integrity and civility.

PRIOR RECIPIENTS INCLUDE: 1999 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

SOLO & SMALL FIRM COMMITTEE

Myles F. Friedman Richard A. Reid Leon Berg Keith R. Truffer Carolyn H. Thaler Jennifer B. Aist Christopher W. Nicholson Kristine K. Howanski Harris J. “Bud” George Mary Roby Sanders Robert L. Hanley Jr. Robert J. Steinberg Herbert R. O’Conor C. Drake Zaharris Carl R. Gold

“Cocktails, Tips & Treats” Networking, CVP November 28, 2017 February 27, 2018 May 29, 2018 TECHNOLOGY COMMITTEE October 18, 2017, Noon, Cyber Security & Wire Fraud, Judicial Conference Room 412. Lunch provided. Sponsored, in part, by Minnesota lawyers Mutual.

YOUNG LAWYERS COMMITTEE

Thirsty Third Thursdays, 7 West Bistro Grille, 5 p.m. Come join young lawyers, judicial law clerks, and a special monthly guest to relax and network.

PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY

October 19, 2017* November 16, 2017 January 18, 2018 February 15, 2018* March 15, 2018 April 19, 2018 May 17, 2018 June 21, 2018*

Academy Schedule October 6, 2017 @ CCBC Dundalk November 3, 2017 @ CCBC Owings Mills December 1, 2017 @ CCBC Owings Mills REAL PROPERTY COMMITTEE October 17, 2017, 5:30 p.m., Liquor Licenses, Country Club of Maryland December 13, 2017, Noon, Distressed Property: Real Estate in Bankruptcy, Foreclosure, etc., Levin & Gann, Towson

*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!

Chamber Chats (Limited to 15 registrants)

February 21, 2018, Noon, Condos, HOAs, Bowie & Jensen, Towson

November 1, 2017, Noon. Judge C. Carey Deeley, Jr. and Judge Dennis Robinson, Jr., County Courts Building.

March 15, 2018, Noon, Tax (assessment) Appeals, Whiteford, Taylor & Preston, Towson

March 29, 2018, Noon. Judge Colleen A. Cavanaugh and Judge Keith R. Truffer, County Courts Building.

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Committee News Annual Holiday Lunch & Toy Drive December 7, 2017, 12-2 p.m., Ground Floor, County Courts Building. $10 or a new, unwrapped toy. All proceeds and toys will be donated to CASA of Baltimore County.

Annual Bull & Oyster Roast April 8, 2018, 2-6 p.m., Towson American Legion

Please email Doris Barnes 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.

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.

Click the image above for a link to Caroline Griffin’s blog

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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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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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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 Doris Barnes (410 -337-9103 x101 to 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

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 Raldolph 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.

TOWSON. Do you need a satellite office in Towson directly across from the Circuit Court? Share nicely furnished office space with parking. $250 per month. Call, 410-557-4170.

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.

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.

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