THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVIII, NO. 10
April 2019
PRESIDENT’S MESSAGE by Rebecca A. Fleming On February 5, 1958, President Dwight D. Eisenhower proclaimed that May 1st would be recognized as Law Day. He believed that the world faced a choice between force and law, and that civilization had to choose the rule of law if it wanted to survive. Following President Eisenhower’s lead, in 1961, Congress issued a joint resolution designating May 1st as the official date for celebrating Law Day each year. I had to conduct some research on this, but apparently several decades ago Congress was able to pass joint resolutions to mark something that was important to everyone, rather than to make a purely political or partisan statement. Every President since then has issued a Law Day Proclamation on May 1st to commemorate the country’s commitment to the rule of law. For those who are wondering, yes, President Trump issued a Law Day Proclamation on May 1, 2017 and May 1, 2018. Those proclamations were made publicly available on
the website of the White House, and NOT on Twitter. I do not know how to use twitter, but I do believe that the proclamations that I read were too long to fit into one tweet. If you are slightly nerdy like I am, you can read the annual Presidential proclamations, each of which addresses the particular theme for the annual event. Law Day is intended to reflect on the role of law in the foundation of our country and to recognize its importance for society. To commemorate Law Day, each year the American Bar Association selects a Law Day theme and promotes that theme, encouraging state and local bar associations to engage in programming and events to celebrate the theme. The ABA actually presents awards to bar associations that provide outstanding activities to recognize Law Day. Continued on page 2
Inside This Edition Bench/Bar Update Calendar of Events Committee News County Council Update Court Notices District Ct Assignments Family Law Dinner Golf Tournament In Chambers With Law Library News Member Ads Member News Orioles Game Portrait Committee Portrait Unveiling Professionalism Save the Date flyer
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Health Quest THE ADVOCATE
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April 2019
PRESIDENT’S MESSAGE by Rebecca A. Fleming This year the Law Day theme is “Free Speech, Free Press, Free Society.” According to the ABA website, the theme this year “focuses on these cornerstones of representative government and calls on us to understand and protect these rights to ensure, as the U.S. Constitution proposes ‘the blessings of liberty for ourselves and our posterity.’” While some may say the theme is very timely, debates surrounding free speech, free press, and the balance between the freedom afforded us by the Constitution and boundaries surrounding those rights were first debated by the Founders, and those debates have continued ever since. New technology has changed the debate. Can you imagine the Federalist Papers being disseminated via Twitter? The BCBA celebrates Law Day each year by enjoying both a breakfast program and a noon program. This year the breakfast will be held at Martin’s Valley Mansion, where our speaker will be The Honorable Frederic N. Smalkin, retired United States District Judge of the United States District Court for the District of Maryland, who coincidentally was one of my favorite professors in law school. The breakfast will begin at 7:30 a.m., which is only slightly earlier than his class began. The speaker at our noon program will be Lucy Dalglish, Professor and Dean of the Philp Merrill College of Journalism at University of Maryland College Park. We will be presenting art and essay awards to students from Baltimore County schools, or students who are children of BCBA members. Listening to the essay award winner read his or her essay, is always a highlight of the noon program. As most of you know, at our noon program we also present the Law Day Award and the Judith P. Ritchey Award to recipients who are nominated by members, voted upon and selected by the Law Day Committee and then are approved by the Executive Council. This year we will present the Law Day Award to Leon Berg, Esquire and the Judith P. Ritchie award to Ralph Sapia, Esquire. I want to congratulate Leon and Ralph. Both are very deserving and I hope many of you will be there to see them receive their awards. THE ADVOCATE
I also want to encourage everyone to attend the Young Lawyers Annual Bull and Oyster Roast on Sunday, March 31, 2019 at the Towson American Legion Hall from 2:00 p.m. until 6:00 p.m. The committee, led by Craig Borchers (Chair) and Whitney Wilder (Vice Chair), have been hard at work on the event. As usual there will be food, drinks, a silent auction, games, DJ, face painting and raffles. This is one of our largest fundraisers, so I hope to see many of you there to raise money for the American Foundation for Suicide Prevention. The AFSP has been a fantastic charity partner and they have donated some interesting items to the silent auction. We have been provided with a signed guitar and some travel vouchers that can save winners from $1,500 to $3,200 per vacation package, depending on where you choose to go and how many people are travelling in your party. If you cannot attend the Bull Roast, we do have another charity event coming up on Thursday, April 25, 2019 at C&R Pub beginning at 5:30 p.m. That is Bar Wars – a trivia battle between law firms and judges. Teams of ten can enter for an entry fee of $100.00, all of which will go to the AFSP, along with ten percent of all food and beverage purchases. Bragging rights are on the line, so make sure you enter your team quickly. I have heard from Mary Sanders, who has done the lions share of the work to make this event possible, that we are close to selling out. With so many great events coming up, I hope to see all of you at one of them.
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Rebecca A. Fleming, Esquire BCBA President, 2018-2019
April 2019
C ALENDAR
2018-19 Officers President Pres-Elect Secretary Treasurer
Rebecca A. Fleming Michael W. Siri Jay D. Miller Stanford G. Gann, Jr.
Executive Council John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki Adam T. Sampson, Immediate Past President
The Advocate Ari J. Kodeck Committee Chair Adam E. Konstas Committee Vice -Chair
Contributing Writers Michael Barranco Harold Burgin Ari Kodeck Hon. Stacy Mayer Tyler Nowicki Adam Phillips
2. 9. 9. 10. 11. 17. 23. 24. 25. 27. 30.
Publication deadline: 10th of the month preceding publication.
THE ADVOCATE
Pro Bono Committee Meeting, 5pm, Women’s Law Center, 305 W. Chesapeake Ave, Towson Family Law Committee, 12pm, Parenting Coordination, Grand Jury Room ADR Committee, 5pm, Mediator Mindfulness, Grand Jury Room Lawyer in the Lobby Clinic, 4:30 —6:30pm Bench/Bar Meeting, 8am, 4th Floor Conference Room Family Law Committee, 6pm, Multi -jurisdictional Dinner, Woodholme Country Club CLE Committee, Accounting & Bookkeeping for Lawyers, 5pm, Grand Jury Room Lawyer Referral Committee Meeting, 5:00pm, Grand Jury Room Bar Wars Trivia Night, 6:30 -8:30pm, C&R Pub, 1 W. Pennsylvania Ave, Towson Maryland Lawyers Day of Service Young Lawyers Committee, Business Development & Growing Your Practice, 5:30pm, 809 Gleneagles Ct, Suite 111, Towson
May 2019 1.
7.
The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.
E VENTS
April 2019
1.
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.
OF
8. 9. 10. 16. 21. 23. 27. 29. 30. 30.
Law Day Breakfast, 7:30am, Martin’s Valley Mansion, 594 Cranbrook Rd, Cockeysville Law Day Noon Ceremony, 12:00pm, Ceremonial Courtroom #5, 400 Washington Avenue, Towson Pro Bono Committee Meeting, 5pm, Women’s Law Center, 305 W. Chesapeake Ave, Towson Lawyer in the Lobby Clinic, 4:30 —6:30pm Bench/Bar Meeting, 8am. 4th Floor Conference Room Orioles Night at the Yard, 7pm, Oriole Park at Camden Yards Family Law Committee, 5pm, Legislative Update followed by Happy Hour, Grand Jury Room Estates & Trusts Committee, 5pm, Annual Dinner, Country Club of Maryland Family Law Committee, 12pm, High Conflict Custody, Grand Jury Room Memorial Day—Courts and Bar Office Closed Annual Golf Tournament, 12pm, Eagle’s Nest Country Club, 12801 Stone Hill Rd, Phoenix Young Lawyers Happy Hour, 5pm, The Point, Towson Criminal Law Committee, 5:30pm, DUI, CVP, 19 West Pennsylvania Ave, Towson
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April 2019
COURT NOTICES
MDEC TIPS With the transition to MDEC, there are some minor issues the bench identified that will facilitate the entry of orders. The format that is frequently used for proposed orders includes the date of entry within the order. Since electronic signatures by judges automatically include the date and time, the date within the order itself is often superfluous. If the date does not need to be included in the body of the order, please just leave it out. If the date should be included in the body of the order, the MDEC program has a function that permits a Judge to insert a date with a couple of clicks. When the space for a date on an order has separate spaces for the day, month and year or runs from one line to another, it takes additional time to format the order and enter the date. Please see below for an example of the preferred format and the format that is not preferred. Please note that the wording below is simply used to illustrate the formatting issues and is not required or suggested as the preferred wording. Preferred Format/Spacing (permits the Judge to enter the date on one line) Based upon the Court’s consideration of [the ______________________________ that the motion is….
motion],
it
is
ORDERED
this
Not preferred Format/Spacing (requires the Judge to clean up and reformat the order) Based upon the Court’s consideration of [the motion], it is ORDERED this __________ day of ____________________ of 20___ that the motion is…. Thanks for your assistance. THE ADVOCATE
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April 2019
MDEC UPDATE We are over a month into the “Go Live” launch for MDEC in Baltimore County. This transition involves significant changes in the business practices in both the District Court and the Circuit Court. It also required substantial training and preparation in advance of the MDEC launch. Staff have worked tirelessly, often after hours and through weekends, to try to ensure a smooth transition. We appreciate their efforts that got us this far, and thank them for the additional efforts that will be needed to get back up to full speed. We are aware that both courts are experiencing processing delays. These are unavoidable with any MDEC launch. We expect to see continued, gradual improvement as our staff gets more adept with the new system, as we decrease the time required to back-scan older files, and as we work through the backlog of paper filings that hit right before “Go Live.” We appreciate your patience as we get back up to speed. In the meantime, if you have a matter that requires expedited processing, please call the Clerk’s Office with the case information and the envelope number. The Clerks are making every effort to prioritize matters that need special attention.
Helpful information is also found on the Maryland Odyssey File and Serve site when using use the system (https://maryland.tylerhost.net/OfsWeb). In addition, the Circuit Court has created an Attorney Tip Sheet that is posted on the Baltimore County Bar Association website (https://www.bcba.org/site/wp-content/ uploads/2019/02/EXTERNAL-MDEC-AttorneyTips-Revised-2.17.19.pdf) and on the Circuit Court website (https://www.baltimorecountymd.gov/ Agencies/circuit/mdecattorneytips.html). If all else fails, you can always contact the Maryland Judiciary’s Help Desk at mdcourts@service-now.com or 410-260-1114. In addition, Tyler Technologies, the vendor for MDEC, can be reached at efiling.support@Tylertech.com or 800-297-5377. Please know that you have our continued support. Go MDEC!
All attorneys are now required to efile all cases and documents (except landlord tenant failure to pay rent actions) in all courts in Baltimore County. All new civil cases filed in the Baltimore County District Court must be efiled through the Towson District Court location only. If you have any questions about the Odyssey File and Serve system, a multitude of information on the requirements for efiling, frequently asked questions, the MDEC Policies and Procedures Manual and publications and other resources can be found at the Judiciary’s website
Honorable Dorothy J. Wilson Administrative Judge District Court for Baltimore County Honorable Kathleen G. Cox Administrative Judge Circuit Court for Baltimore County
https://mdcourts.gov/mdec/efilingatty You should also review Maryland Rules 20-101 et seq., as these rules govern electronic filing and all things MDEC.
THE ADVOCATE
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April 2019
BENCH/BAR UPDATE By Hon. Stacy A. Mayer The February meeting of the Bench/Bar Committee was held on Valentine’s Day, February 14, 2019, with Chairperson Fred Allentoff dispensing chocolates to the attendees, many of whom were appropriately attired in red. The Circuit Court Bench reported that they were “all MDEC, all the time.” The court is expecting to go live with MDEC on Tuesday, February 19th, with a scheduled 3 pm call the preceding Sunday to ensure that all systems are ready. The UCS will be down from 5 pm Thursday, February 14th, in order to begin the transition. Circuit court dockets will be reduced beginning the week of February 19th, and will ramp back up to full capacity over the first month of MDEC. Judge Cox noted that tip sheets have been distributed and will be posted on the circuit court and BCBA websites. The tip sheet is divided by practice area and will be updated on an ongoing basis as needed. Judge Cox complimented the clerk’s office, and its staff, on its work gearing up for MDEC. During this transition, the clerks have been working weekends and overtime and will be working all day Sunday and Monday (President’s Day) to scan and link documents in anticipation of the “go live” date. Tim Sheridan gave the Circuit Court Administration report, requesting that everyone be patient with staff as the MDEC transition gets underway. Other MDEC counties suggested it would take six (6) months before everyone was truly comfortable with the new system. Fortunately, the library staff is trained on MDEC and available to help those who need assistance with file and serve. The Circuit Court Clerk’s Office reported that they were anxious to begin and that they have greatly appreciated the support (and goodies) provided by the BCBA. The District Court reported that all judges received a full-day training on MDEC and all had a chance to participate in MDEC docket observations by sitting in THE ADVOCATE
either Howard, Carroll, or Harford counties. The district court mainframe is scheduled to go down on Friday, February 15th at 4:30 pm for data conversion. That conversion will continue through the following day, will all data expected to convert successfully by Sunday, February 17th. Court leadership, clerks, JIS, headquarter personnel, and Tyler personnel will be working on Sunday afternoon in anticipation of going live Sunday at 3pm. Although MDEC is expected to be up and running at that time, attorneys will not be able to file electronically until Tuesday, February 19th, at which time electronic filing will be required. District court dockets will be reduced for the next month to accommodate the learning process. Nick Iliff, Staff Attorney to Chief Judge Morrissey, has been assigned to work with the Office of the Public Defender and the Office of the State’s Attorney to assist in their transition to MDEC. Mr. Iliff was previously an assistant public defender in an MDEC county. The district court also complimented its staff on their hard work and overtime hours and requested that everyone be patient, especially with the clerks, who are working hard to implement this exciting new technology. It was also noted that the Judiciary has requested two additional judgeships for the Baltimore County district court. The authorizing legislation is currently being considered by the Maryland General Assembly. Of recent note, the budget analysts for the Department of Legislative Services agreed that the two judgeships were warranted and recommended their funding to the legislature. Bar President Rebecca Fleming reported that the prom was a great success with 622 members in attendance. While there was some pre-event angst about parking capacity, the valet system seemed to work well and no one reported any issues. If anyone experienced any issues with either parking or the venue, please contact the Bar office to share that
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April 2019
BENCH/BAR UPDATE By Hon. Stacy A. Mayer information as the location is under consideration for next year as well. The next big Bar event is the Young Lawyers Bull Roast and all are encouraged to attend. Magistrate Wendy Schenker reported that the magistrates all participated in MDEC docket observation by sitting with magistrates in MDEC counties and are ready to go. State’s Attorney Scott Shellenberger advised that there will not be instant jury trials during the first week of MDEC but, rather, parties will be assigned later dates. Don Zaremba gave the report from the Office of the Public Defender, indicating that his staff had trained in MDEC jurisdictions and noted a great variance in the practices between localities. As a result, their office is developing appropriate local business practices. Their motions have been re-tooled to be MDEC-compliant and the OPD will no longer enter an appearance, given that their omnibus motions constitute an entry under the Maryland Rules. For circuit court and juvenile cases, the individually assigned public defender will be entered. For district court cases, the generic “Baltimore County Public Defender” will be entered and that title has its own account. The office is also expecting to have some temporary additional staff to help process their filings in MDEC. In non-MDEC news, the Orphan’s Court reported that they are not using MDEC so all hesitant BCBA members are encouraged to practice in that area. On behalf of the Portrait Committee, Harry Chase reported that great strides have been made to eliminate the portrait backlog. Judge Turnbull’s portrait will be presented on March 8th at 3:30 pm. Judge Daniels’s portrait is also now complete and the committee is working on portraits for Judges Souder, Bollinger, and Kahl. Additionally, portraits THE ADVOCATE
are being planned for Judges Dugan, Hennegan, and Murphy. Debra Schubert, Harford County liaison, indicated that the Bench Bar Committee of Harford County met on January 15th. There was an update on the Harford County courthouse renovations, with an advisement to expect noisy conditions throughout June and July. However, the jury room renovations are expected to be complete by mid-April. Filings in the Harford County circuit court should be submitted with proposed orders and postponement requests should include attempts to contact opposing parties. Proposed Harford County orders should NOT have the month, day, or year filled in. In Harford County district court, attorneys should still submit three proposed dates with their postponement requests. Requests for interpreters in Harford County must be submitted at least thirty (30) days in advance. The Family Law Parent Coordinator lunch had to be re-scheduled because of weather and is now set for April 9th. The dinner remains as scheduled on February 19th. The Young Lawyers are seeking raffle and silent auction donations for their annual Bull Roast on March 31st 2 pm-6 pm at the Towson American Legion. Please contact the Bar office for tickets. All proceeds will benefit the American Foundation for Suicide Prevention. The next meeting of the Bench Bar Committee is scheduled for March 14th at 8 am. If anyone has an issue to bring to the Bench/Bar Committee, please speak with an at-large member. The list of at-large members can be found at www.bcba.org.
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April 2019
COUNTY COUNCIL UPDATE By Adam M. Phillips
Greetings! The members of the Baltimore County Council are grateful for the opportunity to update the County Bar on the activities of our County’s legislative body. Your seven member County Council serves as the independent Legislative Branch of County government. The Council meets year-round, generally in bi-monthly Legislative Sessions (held at night) and bi-monthly Work Sessions (held during the day). All proceedings are open to the public, and the Legislative Session is broadcast on BCTV (Comcast & Verizon channel 25). The Council’s Website at www.baltimorecountycouncil.org provides helpful information as well. At its March 18, 2019 Legislative Session, the Baltimore County Council approved a package of three ethics and government reform bills proposed by the County Executive, Johnny Olszewski, Jr. Among other things, the bills create a public campaign financing system, reforms and modernizes the County lobbying rules, and creates a new Office of Ethics and Accountability. 3-19: County Charter – Citizens’ Election Fund System – Bill 3-19 initiates a process to create a Citizens’ Election Fund System similar to systems THE ADVOCATE
adopted by Montgomery, Howard, and Prince George’s Counties. The purpose of the systems in other counties has been to reduce the role of large private contributions and to encourage individual small donor donations. First, a public financing Charter Amendment will appear on the next general election ballot on November 3, 2020. If the voters approve the Charter Amendment, then the County Council must draft appropriate enacting legislation. The bill requires the system be available for the 2026 election cycle, which starts December 2022. The Administration advised that it anticipates each election cycle to cost approximately $4.3 million. While Bill 3-19 does not set forth the complete details, it does set guidelines for the prospective enabling legislation. First, the system must be voluntary so candidates may opt-in. Second, there must be a voluntary taxpayer contribution system set up. Third, the bill requires the Council to establish a Citizens’ Election Fund Commission, consisting of nine members (two County Executive appointees and seven Council appointees) and provide for the qualifications, terms, and officers. The Commission will annually estimate the money needed to fully fund the system in the next election and submit a proposed appropriation amount for the ensuing fiscal year. The County Executive must include the Commission’s recommended appropriation in the proposed budget, except if the County had to transfer funds from the Revenue Stabilization Reserve Account (“rainy day account”) to the General Fund. If funds from voluntary taxpayer contributions do not meet the Commission’s estimate, the County Executive may use money from the General Fund to cover the difference. However, those funds may only be used after the voluntary funds have been exhausted.
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COUNTY COUNCIL UPDATE By Adam M. Phillips 4-19: Amendments to the Baltimore County Ethics Law - Bill 4-19 proposes several changes to the procedural rules and duties of the Ethics Commission (the “Commission”) and modernizes lobbyist registration and ethics training. The bill closely follows the Maryland State Ethics Commission Model Ethics law. For County employees, the bill allows online ethics training without the two hour time requirement and expands the number of employees required to take the ethics training. The bill authorizes the Ethics Commission to set up online training and registration for lobbyists and to eliminate the in-person trainings. It also moves the required lobbyist training course from January to March. The bill also permits the Commission to create an electronic filing system for lobbying registrations, annual reports, and terminations of registrations, as well as to move the public version of these documents to the Commission’s webpage. 5-19: Office of Ethics and Accountability – Bill 5-19 creates the Office of Ethics and Accountability and reorganizes the Ethics Commission. The bill models the new office after a similar office created in Prince Georges County in 2012. The new Office will conduct evaluations, investigations, and inspections to provide increased accountability and oversight in County Government. It will operate independently of the County Executive and County Council. The Office will investigate complaints from any source of alleged abuse, fraud, or deficiencies. Investigators will have unrestricted access to records and information. The Office may conduct joint investigations with the County Auditor and other
Craig J. Little, Esquire is pleased to announce he has expanded his practice to include
Divorce Mediation and Parent Coordination Law Office of Craig J. Little 309 W. Pennsylvania Avenue Towson, Maryland 21204 Office (410) 296-0770; Cell (443) 895-1688
THE ADVOCATE
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April 2019
IN CHAMBERS WITH THE HONORABLE JUSTIN J. KING By Michael Barranco The Honorable Justin J. King has served as an Associate Judge of the Baltimore County Circuit Court since January 30, 2012. He was born and raised in Rockville Centre, New York (on Long Island) and attended Southside High School, which is the only public school in Rockville Centre. He was the school photographer. Judge King earned his Bachelor of Science degree with High Honors in 1977 from Lehigh University, located in Bethlehem, Pennsylvania. There he majored in economics and minored in government. He went to law school at the University of Maryland School of Law and received his J.D., with honors in 1980. While in law school, he was co-chair of the Moot Court Program. He was admitted to practice in 1980. Judge King clerked for the Hon. Martin B. Greenfeld, Baltimore City Circuit Court from 1980 to 1981. He then worked as an Assistant City Solicitor for the Baltimore City Department of Law from 1981 to 1986, and became the Deputy Chief of Litigation and Chief, Central Bureau of Investigation, Department of Law, Baltimore City from 1996 to 2012. Before becoming a judge, he also maintained a private practice in Towson, representing a variety of clients in civil litigation, family law matters and non-litigation legal work, such as estates and trusts.
Judge King was last interviewed “in chambers” for the September 2012 edition of The Advocate (by Emma Twig Clarke) in his first year of service as a judge. I asked Judge King to reflect on what he has learned about the job and about himself now that six more years of service have passed. He stated that one of things he finds most satisfying about serving as a Circuit Court judge is that he continues to learn something new each day. Because there is such a diversity of matters that come before the Circuit Court, each day is different. He says he has come to understand “how much I didn’t know” before becoming a judge. He notes that it is often the case that he does not know the assignment of his cases until the day before, and has to learn new things on short order to prepare. However, he credits his judicial assistant, law clerk and all of the Court’s support personnel for making his job easier. In terms of what he finds challenging, he says that sentencing decisions are never an easy task. He also notes that it is humbling to know that no judge can be perfect and capable of always being correct, but like everyone on the bench, he tries his best to make the correct decisions in each case, understanding the importance of his decisions to the parties and litigants.
When asked about his thoughts on the recent transition to MDEC, Judge King enthusiastically responded, “I love it.” He believes it helps with the efficient flow of the cases and eliminates clutter and the possibility of lost files. He recognizes that there are some “kinks” to be worked out, but he is optimistic they will be resolved over time. He believes that for most judges Judge King has been a member of our Baltimore and lawyers, it is just a matter of time and getting used County Bar Association since 1991 and is past chair to something new. (twice) of the Professionalism Committee and past When asked what advice Judge King would give to chair (twice) of the Long-range Planning young lawyers, he stated his advice may not be unique, Committee. In addition, Judge King has been active but is worth repeating—be prepared and be polite. He in many community associations and other civic says that while he is not overly rigid with the organizations. observance of formalities, he does ask that lawyers THE ADVOCATE
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April 2019
IN CHMBERS WITH THE HONORABLE JUSTIN J. KING By Michael Barranco stand up to address the Court and he asks that they try to maintain the proper decorum that the proceeding and tradition dictate. He has also observed that some young lawyers speak to the judge or jury in a way that presumes the listener knows as much about the case as the lawyer, and he suggests that this is “a big mistake” in advocacy. Echoing Denzel Washington’s oft quoted line in the 1993 movie Philadelphia, Judge King says to “explain this to me like I'm a six-year-old.” In other words, “do not presume that I know the case as well as you do.” Similarly, Judge King believes that some young lawyers have a tendency to speak to jurors like they are speaking to other lawyers, using too much legalese. He believes that a good way for young lawyers to improve their advocacy skills is to put thought into understanding their audience. Judge King also offered advice to all lawyers. He notes that our profession often involves hard work and long days and can be very stressful. Thus, he believes it is important to find a sense of balance in your life. He strives to do this himself, spending time with his family and devoting time to community service, when not on the job. Judge King also enjoys flower gardening and working in his yard and trying to discover which plants and shrubs are deer resistant (he concludes very few). He and his wife, Cynthia, have two adult sons and granddaughters who live in Manhattan, and they enjoy frequent visits to New York City. There they often try to attend Broadway shows and theater productions. One of Judge King’s sons, Bradley, is a very successful theater lighting designer who won the Tony Award in 2017 for “Best Lighting Design in a Musical” for the show, Natasha, Pierre & The Great Comet of 1812. Judge King and his wife were thrilled to attend the Tony awards ceremony at Radio City Musical Hall. They also traveled to London to see his next production, which is another musical—Hadestown. THE ADVOCATE
Editor's Note: Each judge profiled is asked a set of questions. Judge King’s answers are as follows: Favorite Restaurant(s): Linwoods and the Towson Tavern Pet Peeve: Incivility Favorite Sports Team(s): Any one that begins with the name Baltimore Favorite Ice Cream Flavor: Cookies and Cream Favorite Type of Music or Artist: Classical and Jazz favorite, but listens to all types Station on Your Car Radio Right Now: WTMD, WBJC, WIYY, 99.1
WYPR,
Guilty Pleasure: Ice Cream (note that in 2012 Judge King’s answer was “Anything with chocolate” Favorite Charity: ASPCA Favorite Book: Although not technically a book, Inherit the Wind Favorite Movie: Casablanca Travel Destination Still on Bucket List: Grand Canyon If you could meet one person, living or dead, who would you want to meet: Lincoln
Abraham
If you had not gone into the law, what profession would you choose: College professor/higher education administration Member of the Baltimore County Bar who has passed he misses the most: Judge King prefers not to list just one.
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April 2019
PORTRAIT UNVEILING FOR JUDGE JOHN G. TURNBULL II By Tyler J. Nowicki On March 8th, 2018, at the Circuit Court for Baltimore County, Courtroom 2, the Baltimore County Bar Foundation held the Judicial Portrait Unveiling Ceremony for the Honorable John G. Turnbull, II. The Baltimore County Bar Foundation would like to specially thank Harry Chase, Esq. and John B. Gontrum, Esq. particularly for their fundraising efforts and progressive shift for making the portrait ceremonies prior to the recipient’s passing. The unveiling had a tremendous gathering from all walks of life consisting of lawyers, judges, courthouse personnel, police officers, sheriff’s department, elected officials and members of the community. There was not an open seat in the gallery after the clock struck 3:30pm and the ceremony began.
of the man was of the utmost quality but what no portrait can ever display is the aura and essence that Judge Turnbull, II displayed and commanded in his everyday being, both in the Courthouse and in the community. Finally, Honorable Robert E. Cahill, Jr. gave a heartfelt response from the bench which perfectly summarized Judge Turnbull, II’s time as a practitioner and judge. Judge Turnbull, II’s portrait will be hung in Judge Cahill, Jr.’s courtroom where he will forever be enshrined next to his dear friend and former colleague Warren G. Mix, Esq. (along with Judge Turnbull, II’s other dear friend and colleague Judge Cahill’s father, Judge Robert E. Cahill Sr.)
The ceremony began with the Honorable Kathleen G. Cox, Administrative Judge, Circuit Court for Baltimore County welcoming with the warmest of words those in attendance for the celebration of Judge Turnbull, II. Tyler J. Nowicki, Esq. then greeted and welcomed those in attendance with a story of how he became Judge Turnbull, II’s longest tenured law clerk after being “stolen” by Judge Turnbull, II from Judge Thomas J. Bollinger, Sr. Magistrate James R. Farmer, Esq., Judge Turnbull, II’s long time friend and law partner, then gave the tribute to Judge Turnbull, II. In Magistrate Farmer’s memories were their times together practicing law, memorable clients and cases, Baltimore County Bar Association events, and Senate’s Past dinners in Annapolis, MD. Magistrate Farmer even got Judge Turnbull, II a picture where Magistrate Farmer photo-bombed former President Bill Clinton at the last Senate’s Past event. It was a fitting tribute for quite the man. The Turnbull family then unveiled the exquisite portrait (Judge Turnbull, II’s two pride and joys; his cufflinks and class ring, were evident and perfectly depicted) done by the talented Katherine Meredith. The likeness THE ADVOCATE
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April 2019
PORTRAIT UNVEILING FOR JUDGE JOHN G. TURNBULL II By Tyler J. Nowicki
THE ADVOCATE
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April 2019
THE PROFESSIONAL LAWYER By Harold Burgin The preamble to Ideals of Professionalism (Appendix 19-B, Md. Rules of Procedure) says that “Attorneys are entrusted with the privilege of practicing law.” (emphasis supplied). The preamble goes on to provide that attorneys “…enjoy a distinct position of trust and confidence that carries the significant responsibility and obligation to be caretakers for the system of justice....” Given the multiple ongoing obligations faced by all practitioners, be they in private practice, corporate counsel, government practice or the myriad of other positions held by lawyers, it is easy to sometimes lose track of these loftier principles.
torneys must be mindful of the fact that “…the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance.” The Pro Bono Resource Center of Maryland and House of Ruth, Maryland represent only two of the many avenues for lawyers to assist in filling a huge need in our community. Attorneys can give time to any number of other charitable, educational or religious institutions.
Perhaps it would be useful to periodically take a deep breath and reflect briefly on these principles as a mechanism to reenergize and refocus ourselves and our careers. How do we step back from our everyday responsibilities to recognize anew what a privilege it is to be an attorney and properly discharge the obligations that are concomitant to that privilege?
Appendix 19-B under the section entitled Education, Mentoring, and Excellence, provides that an attorney should… “(5) understand that mentoring includes the responsibility for setting a good example for another attorney, as well as an obligation to ensure that each mentee learns the principles enunciated in these Ideals and adheres to them in practice.” It is possible that an attorney has no greater obligation to the profession than to mentor and thereby set an example for the next generation of lawyers. We do that not only by direct mentoring of younger lawyers, but by the example we set each day in the way we interact with one another, with clients and with the public.
Anyone engaging is such reflection would do well to consider two significant areas of need – pro bono and mentorship. Rule 19-300.1(6) provides that at-
Pro bono and mentoring – there are no better ways for us as lawyers to serve our community and create a strong legacy for the future.
Photos from February 19th Family Law Dinner
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COLLECTIONS IN FAMILY LAW: FROM PROCEDURE TO PAYMENT By Ari Kodeck tion that the practitioner must be very comfortable with the Maryland Rules, as they contain specific provisions regarding debt collection. Also, a working knowledge of bankruptcy law is important. Should the debtor file for bankruptcy, the easy rule is to cease all manner of collections. Attendees enjoyed a nice Italian meal while we covered the process for obtaining and enforcing judgments. Civil lawsuits for debt collection are rather straight forward and prosecuting the case through judgment is similar to other civil actions. The similarities end once the attorney obtains a judgment.
Members of the family law section of the BCBA gathered for a dinner at Liberatore’s on February 19, 2019 to hear Mary McCliggott and this author lecture on the collections aspect of family law practice. Moderated by Kate Hummel and Ralph Sapia, guests were treated to a fun (Ralph’s hypotheticals) and informative dinner. Most accomplished jurists run into this issue either when a client fails to pay the attorney’s fee or, and no less daunting, the client asks their assistance in collecting on some aspect (besides child support) of the divorce decree and settlement agreement. A little disclaimer: the lecture was a primer and not meant to give the practitioner the complete guide to collections. This area of law is fraught with potholes and potential malpractice. Consumer debt collection, a category which alimony, property settlements or other non-support debt fall into, contains protections for the consumer debtor. A practitioner must be familiar with the Fair Debt Collections Act, the Maryland Consumer Debts Act and the Fair Credit Reporting Act. And, I would be remiss if I also did not menTHE ADVOCATE
The monetary amount of the debt determines the starting point: Either the District Court of Maryland (for small claims and amounts up to and including $30,000.00) or the Circuit Court for the jurisdiction that the defendant resides (for the sake of simplicity, I am not expounding on venue nor jurisdictional choices) for amounts over $30,000.00. The practitioner has obtained the judgment, what now? Enforcement. Otherwise, you have a piece of paper that means nothing. Enforcement can proceed in several ways: Filing a lien on the defendant’s real property; filing a lien on personal property; garnishing a bank account; and garnishing wages. Assuming the practitioner can locate the place of employment or bank accounts of the debtor, the courts require various pleadings within which to affect the placement of the garnishment. Typically, garnishing wages is the easiest method of enforcement because it requires the least amount of “steps”. Remember, once the debt is paid in full, the practitioner must file an order of satisfaction with the court. After leaving the gun and taking the cannoli, attendees asked questions and left with bellies satiated and minds full.
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Lawyer in the Lobby Clinic Wednesday, April 10 4:30—6:30 p.m. County Courts Building, 1st Floor, 401 Bosley Ave, Towson Lawyer in the Lobby is held the 2nd Wednesday of every month. Walk-ins are assisted in General Civil and Family Law matters. If you are interested in volunteering, please contact Rae Wyatt at rwyatt@bcba.org or 410-337-9100. Thank you to our volunteers for April: Julius Blattner E. David Silverberg Eric Steiner Bryan Tillman
MESSAGE FROM THE LRIS DIRECTOR Now that spring is in the air, I’d like to remind everyone that the Towsontown Spring Festival (May 4, 2019 from 10:00 a.m. – 8:00 p.m. and May 5, 2019 from 1:00 p.m. – 6:00 p.m.) is soon approaching. It is hard to believe that before becoming the Lawyer Referral and Information Service Director I had never heard of this annual festival located in the heart of Towson on Chesapeake, Pennsylvania, Washington, and Baltimore Avenues. Now, not only do I know about it, LRIS will be one of the vendors at the festival! If you plan on coming out to enjoy the Towsontown Spring Festival, do not forget to stop by our booth on Pennsylvania Avenue to say hello. A special thanks to the LRIS panel members who have already agreed to volunteer their time to work the booth on Saturday and Sunday. If you are THE ADVOCATE
interested in working the booth, there are two open shifts available: Saturday, May 4th from 6:00 p.m.8:00 p.m. and Sunday, May 5th from 1:00 p.m.-3:30 p.m. Please contact me by phone at 410-337-9100 or by email at rwyatt@bcba.org if you would like to volunteer. Also, please be on the lookout for the 2019-2020 Lawyer Referral and Information Service Panel Application. The LRIS Panel Application will be available on the BCBA website by May 15. Everyone must complete a new application whether you are a returning member or a new member. We are hoping for more lawyers to join LRIS this year so that the program can continue to expand. For all current members, I’d like to thank you again for being part of the LRIS program and for your continued support.
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Committee News PLEASE
VISIT WWW.BCBA.ORG TO REGISTER FOR ANY EVENTS LISTED WATCH YOUR INBOX AS EMAILS REGARDING COMMITTEE PLANNING MEETINGS WILL BE SENT SOON. WE WELCOME ALL IDEAS FOR PROGRAMS AND EVENTS!
ADR COMMITTEE April 9, 5-7pm, Grand Jury Room, Mediator Mindfulness ADVOCATE COMMITTEE Please submit any ideas for articles to Rachel Ruocco at rruocco@bcba.org or Ari Kodeck at akodeck@oag.state.md.us 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 Fred Allentoff, 443-588-0066 or fallentoff@aol.com. CRIMINAL LAW COMMITTEE April 11, 5pm, Grand Jury Room, Mental Health Issues May 30, 5:30pm, CVP Towson, DUI CLE COMMITTEE April 23, 5pm, Accounting & Bookkeeping for Lawyers ENTERTAINMENT COMMITTEE
May 21, 5pm, Annual Dinner FAMILY LAW COMMITTEE April 9, 12pm, Brown Bag Lunch on Parent Coordinators, Grand Jury Room April 17, 6pm, Multi Jurisdictional Dinner, Woodholme Country Club May 16, 5 pm, Legislative Update & Happy Hour, Grand Jury Room May 23, 12pm, High Conflict Custody Cases, Grand Jury Room HISTORICAL COMMITTEE Committee Meeting, BCBA Mezzanine Offices If you are interested in taking part in the planning of our 100th Anniversary Celebration, please contact Matt Nelson at mnelson@tydingslaw.com. LAW DAY COMMITTEE This year’s theme is Free Speech, Free Press, Free Society May 1, 7:30 am, Breakfast , Martin’s Valley Mansion, Keynote Speaker is Hon. Frederic N. Smalkin, Retired Chief Judge of the U.S. District Court for the District of Maryland. May 1, Noon Ceremony, Ceremonial Courtroom #5, Keynote Speaker is Lucy A. Dalglish, Dean of the Philip Merrill college of Journalism at University of Maryland. Law Day Award Recipient is Leon W. Berg Judith P. Ritchie Award Recipient is Ralph L. Sapia LRIS COMMITTEE
April 25, Bar Wars Trivia Night, 6:30pm, C&R Pub, Towson May 29, 12pm, Golf Tournament, Eagle’s Nest Country Club, Phoenix, MD
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ESTATES & TRUSTS COMMITTEE
April 24, 5pm, Committee Meeting, Grand Jury Room Please renew or consider joining the LRIS at this time. Application can be found on the website: LRIS Application. Contact Rae Wyatt at rwyatt@bcba.org
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Committee News or 410-337-9100 for more information.
PROFESSIONALISM COMMITTEE
The 2018-2019 LRIS Panel Registration and Renewal Packet is now available. Join now! Current panel members, remember to renew!.
Stay tuned for programming news. PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY
MEMBERSHIP COMMITTEE Civics & Law will resume in the Fall of 2019. Please contact Rachel Ruocco if you are interested in participating as a presenter. Classroom materials will be updated soon.
Online Membership Application can be found here MEMORIAL COMMITTEE Please notify Rachel Ruocco at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to all members. Thank you.
REAL PROPERTY COMMITTEE Stay tuned for programming news. SOLO & SMALL FIRM COMMITTEE
BCBA members who will be honored at next year’s service on November 21, 2019 at 3:30 p.m. If you know of any BCBA Member who passed away (since August 15, 2018), please advise Rachel Ruocco immediately, so they can be included in the service. Thank you. The reception for family and friends to honor and remember loved ones will be held immediately following the service. Monetary contributions are greatly appreciated to support the Memorial Reception, and can be made payable to the BCBA, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. Donors will be acknowledged on the printed program.
Stay tuned for programming news. STATE & LOCAL LAWS (SLLZ) COMMITTEE May, SLLZ Annual Dinner TECHONOLGY COMMITTEE For an updated MDEC Tip Sheet, go to www.bcba.org and click on Committee Report, Technology, Handouts. YOUNG LAWYERS COMMITTEE
NEGLIGENCE, INSURANCE & WORKERS’ COMP April 30, 5:30pm, 809 Gleneagles Ct, Suite 111, Towson, Business Development & Growing Your COMMITTEE Practice Stay tuned for programming news. PRO BONO COMMITTEE April 9, 5pm, Committee Meeting, Women’s Law Center, 305 W. Chesapeake Ave. May 7, Committee Meeting, Women’s Law Center, 305 W. Chesapeake Ave. April 27, 9am-1pm, Pro Bono Clinic, Woodlawn Library
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Last Thursday Happy Hour 5pm, The Point, 523 York Rd, Towson. Come join young lawyers, judicial law clerks, and a special monthly guest to relax and network. April 25 May 30 June 27
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CIRCUIT COURT LAW LIBRARY NEWS MDEC Checklist
ABA Book Publishing, 3803 .D4 .P43
Have you signed up for Portal Access?
Have you signed up for Odyssey File & Serve Access?
Do you need to scan documents into File & Serve while at the courthouse?
The Law Library can help you with all the above and more. So stop by to learn how we can help you navigate MDEC. New Book Spotlight!
2018.
LLP
KF
Environmental Law: Legal Research Guides, volume 71 from William S. Hein & Co., Inc. 2018. KF 3775 .A1 .D95 The Essential Guide to Entertainment Law: Dealmaking and IP Set (With Forms) by Jay Shanker et al, Juris, 2018. KF 4290 .S53 A Guide to The Federal Tort Claims Act, 2nd ed by Paul Figley, ABA, 2018.
The second edition of The Fundamentals of Estate Planning (Maryland) by Angela Vallario is now available the Law Library. This book is an excellent primer for everything in Maryland concerning wills, trusts, and estates. It also covers guardianship, marital deductions, and ethical issues in estate planning among other topics. Practitioners will especially appreciate the copious sample forms in the appendix. New Titles The law library staff added the following titles to the collection: Commercial Leases for Restaurants and Franchise Operations by Mark Dall et al, ABA Book Publishing, 2018. KF 593 .C6 .D35 Crafting Effective Settlement Agreements: A Guidebook for Attorneys and Mediators by Brendon Ishikawa, ABA Publishing, 2018. KF 9084 .I85 Don’t Let Dementia Steal Everything by Kerry Peck
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MEMBER NEWS The Maryland Bar Foundation invites you to the: 2019 Open Meeting April 25th | College Park Marriott Hotel Join the Maryland Bar Foundation Board of Directors for our 2019 Open Meeting, featuring our notable networking reception to present this year's Legal Excellence Award & J. Joseph Curran Jr. Professionalism Award recipients. All are welcome to attend this event. Www.msba.org The Foundation is proud to present this year's Legal Excellence Award to: Hon. Thomas G. Ross - Steven P. Lemmey Award for the Advancement of Public Service Responsibility Cecilia B. Paizs - Advancement of Professional Competence (BCBA Member) Baltimore City District Court Re-Entry Project & Hon. Nicole Pastore-Klein - Advancement of the Rights of the Disadvantaged Susan K. Francis - Advancement of Advocacy for Justice Erik S. Atas - Advancement of Public Understanding of the Law (BCBA Member)
ASSOCIATION SPONSORED GROUP DENTAL PLAN OFFERED BY ICS-INSURANCE Did you know that we are currently offering an Association Sponsored Group Dental plan through Dominion Dental? Association plans enable us to enhance the benefits of being a member of the BCBA. These plans would allow us to offer group products with more liberal underwriting and potentially lower cost than products available on the individual market. In the past we have offered association sponsored Long Term Care and Life Insurance coverage and are considering investigating the opportunity to offer an association Health Insurance plan. If you have interest in any of the mentioned products, please reach out to Rachel Ruocco, Executive Director 443-652-3228 or send an email to her at rruocco@bcba.org. THE ADVOCATE
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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: Gambling Depression Internet Addiction Marital and Family Relationships Sexual Addiction Alcohol and Drug Abuse Compulsive Spending Stress and Burnout Eating Disorders Prescription Drug Concerns Balancing Work and Family Career Concerns 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. RICHARD LYNAS, Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA
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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
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YOUR AD COULD BE HERE! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9100 for advertising rates and to place your ad.
Divorce, or probating an estate. Your client has options when it comes to the real estate. Hawk Mortgage Group can help you and your client sort out the options and strategies they have at hand, to help at this time ‌ and down the road. Jeffrey T. Hawk, President 443-619-7900 - Office 410-241-7071 - Cell Jeff@hawkmortgagegroup.com
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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. 309 Allegheny Avenue. 2nd floor offices with private restroom, 3 regular offices, partially furnished, 1 executive office (can be made into five offices) fully furnished. Private restroom. Tenant will have available to them a conference room, print/scan/fax center and kitchenette on 1st floor. Additionally, 2nd floor has 2 private entrances, 5 free parking spaces, and approximately 800 sq. ft. of combined dry/secure storage on 3rd floor and basement. TOWSON. Sublease available one block from courthouse. Space in excellent condition. Spacious conference rooms, 34 offices, reception area, copy/supply room, and kitchen. Sublease until August, then take on new lease. Rent negotiable. Contact towsonfirm@gmail.com to schedule a tour or get more information. TOWSON. Office for Rent: $990/month for one office with reception area right off the elevator. Located in Towson within walking distance to courthouse. Newly renovated and furnished. $1,200 to add an additional office connected to entire suite. Includes electric, internet and one parking space. For more information email doug@dbmcommunications.com or call 410-825-7400. TOWSON. Three Office Spaces Available: Rent one office, four offices with reception area, or whole floor. Two blocks from circuit courthouse. Free parking. Rent and utilities are negotiable. More info at nicole@whitakerlegal.com or 410-207- 9272. TOWSON. Office sharing available. One block from Courthouse. Use of phone system, copier, fax and secretarial available. Please call Beverly at 410-296-6820. PERRY HALL/NOTTINGHAM. Real Estate Firm is hiring a title processor for residential real estate closings. Some experience in real estate closings, real estate title work and/or residential lending preferred but not required. Salary commensurate with experience; pleasant work environment. Please send resumes to Lisa Eisemann, Esq. at leisemann@mcrllaw.com , or mail to Moore, Carney, Ryan & Lattanzi, L.L.C. Attn: Lisa Eisemann; 9649 Belair Road; Suite 302; Nottingham, MD 21236 REISTERSTOWN. Office(s) available for rent. Includes electric and use of conference room/library, reception area & kitchen. Secretary/paralegal assistance and expense sharing opportunities also available. For more information, call Scott Westerberg at 410-526-7373.
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