THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXX, NO. 8
April 2021
PRESIDENT’S MESSAGE By Jay D. Miller By the time you are reading this, the Orioles will have swept the Boston Red Sox and will win at least one game against the Yankees in New York. The 4-2 Orioles will hold their home opener against Boston kicking off the 2021 spring season in Baltimore and headed toward their first winning month of April in some years. Mean and Zimmerman will continue to pitch well, and eventually Camden Yards will be filled with fans. Ok, so i am optimistic. But what’s wrong with being optimistic? Nothing...not after the year we have had. There are two ways to be: the one who believes that hope springs eternal and the one who believes that hope breeds eternal misery. I am the former. I hope that life continues to return to normal. I hope that the Orioles play competitive enough to keep fans interested. I hope all of you continue to do well and your practices continue to grow. I hope you utilize the benefits of the BCBA, including its tremendous networking opportunities. And I hope that you remember Judge Sandy Williams as an extraordinary judge who is the recipient of the 2021 Judith P. Ritchie Award. For those of you who had the benefit, as I did, of getting to know her as a friend, then you will remember her as an extraordinary friend. Sandy was a great listener. I was with Dana and Sandy in Chicago a few years ago and I mentioned to Sandy that my youngest daughter was struggling with her first college semester of pediatric psychology. Six months later I ran into Sandy on the Ocean City boardwalk and she asked me whether my daughter’s struggles had
improved. I had to think for a minute because I had forgotten about the course and the struggles she was having. But I have never forgotten that moment for two reasons. One, it made me feel great that she had really listened to me that night in Chicago and cared enough to ask me some months later. Two, it made me realize that I was not a good listener. The lesson I learned was to do a better job of listening, and I have strived to do that ever since. That’s an extraordinary friend. A friend who, simply by being herself, brought about a significant change in my life and made me a better listener. I hope I continue to improve at being a better listener. I hope I never forget my friend Sandy who taught me that most important life lesson. I hope that each of you spend a little extra time with those you love. Hope truly does spring eternal and I hope that this last year has made you appreciate what you have. Continued on page 2
Mid-Atlantic Spinal Rehab & Chiropractic THE ADVOCATE
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April 2021
PRESIDENT’S MESSAGE By Jay D. Miller Here is what your BCBA has on the horizon: Law Day is set for Monday, May 3rd at noon. Although it will be via Zoom, it is going to be great! The theme is “The Rule of Law NOW.” Chief Judge Barbera will be our guest speaker. In addition to presenting the Judith P. Ritchey Award, we will be presenting the Law Day award to Ed Gilliss. Plus, we will announce the student art and essay contest winners. Join us, and I promise you will enjoy it. Additionally, the rumors are true. We are golfing outside! Although there was a strong push for a golf outing by Zoom, Rachel simply couldn’t round up enough support so we are stuck with having to golf at the Eagles Nest Country Club on Wednesday, May 26th. For those of you who have grown so fond of Zoom, I apologize but this event will be outside and you can register online at www.bcba.org. Also, as we enter into Phase V, some of life as you used to know it returns to the courthouse. On April 26th, civil and criminal jury trials will resume. You will receive an email a few weeks prior to your trial asking for a status. Please answer the email promptly. That all for now… enjoy your month.
(Note from the Editors: As of publication date, the Orioles are tied for second place in the AL East with a record of 4-5. We remain optimistic.)
Jay D. Miller BCBA President, 2020-2021
MESSAGE
FROM THE
EXECUTIVE DIRECTOR
By Rachel M. Ruocco
As you read this issue, I hope you are enjoying your spring and have been able to get an appointment for a COVID vaccine if you have chosen to do so. As with all other aspects of our lives, this past year has turned things upside down at the Baltimore County Bar Association. I have chosen to look at it as an opportunity to change through growth and by taking a few chances! In August, we hired two new staff members: Amber Gaines and Jacob Bengel; in October, we went live with our new member management database and website host; we have hosted countless new virtual programs and events, including a Chopped Cooking Competition for charity and attendance at CLE’s has never been higher. THE ADVOCATE
Now we want to hear from you! Soon you will be receiving a short membership survey that will help us offer you the member benefits YOU want. The survey will be emailed and will take less than five minutes to complete online. Please complete this survey and help us help you as we navigate the everchanging landscape of Post-COVID membership.
As always, thank you for your loyalty and dedication to the Baltimore County Bar Association and I hope to see you safely in person soon! The next Stated Meeting of the BCBA will be held on Thursday, June 17 at 4:40pm in ceremonial courtroom 5 in the old courthouse as well as being broadcast live via Zoom.
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April 2021
2020-21 Officers President Pres-Elect Secretary Treasurer
Jay D. Miller Stanford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles
Executi v e Council Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki Michelle D. Siri Alaina L. Storie Hon. Michael W. Siri, Immediate Past President Nicole E. Rush, Young Lawyers’ Chair
Calendar of Events Please go to www.bcba.org and click on ‘calendar’ for an up-to-date listing of programs & events and to register for all programs & events.
The Advocate
Michael S. Barranco Committee Chair
Tracee O. Fruman Committee Vice-Chair
Inside This Edition
Cont ributi ng Writers Michael Jacko Cheryl Jones Wendy Meadows Matt Paavola Ceecee Paizs Cliff Robinson Ilona Shpraga Britt Stouffer
Bench/Bar Update Civil Law Update District Court Schedule Estates & Trust Mediation Estates & Trust Ethics In Chambers With Law Clerk Spotlight Lawyers Assistance MD Lynching Memorial Member Ads Professionalism Wellness with Wendy
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6 24 4 9 13 16 14 20 8 40 10 12
The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate. Publication deadline: 10th of the month preceding publication.
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April 2021
COURT NOTICES
APRIL DISTRICT COURT SCHEDULE
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April 2021
BCBA FACE MASKS
AND
CUFF LINKS STILL AVAILABLE
Jury trials resume on April 26. Show up to the courtroom in style with a BCBA face mask or a pair of cuff links. Contact Jacob Bengel at jbengel@bcba.org or 410-337-9101 to purchase Baltimore County Bar Association face masks or cuff links.
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April 2021
BENCH/BAR COMMITTEE REPORT By Cliff Robinson
The March meeting of the Bench-Bar Committee was held virtually on March 11, 2021. Chair, Raphael Santini, woke up some of us not-so-early risers with his call to order at 8:02 am. He received the first report of the morning from the Honorable Ruth Jakubowski on behalf of the Circuit Court Bench. Judge Jakubowski announced that the Circuit Court would enter Phase IV on March 15 and that all judges, staff and employees would return to the courthouse, with most having received COVID vaccines. She added that the Court is promoting remote platforms, and that VOPs and post convictions will continue to be heard remotely. She advised that attorneys should expect to receive emails from different officials in the courthouse, such as Central Assignment, the Honorable Judith Ensor, the Honorable Robert Cahill, Jr., or herself, regarding the status of their cases, and she urged all to respond promptly. She said criminal dockets will be staggered. Plea dockets will be held on Wednesdays and Thursdays. The biggest development pertains to jury trials, which will resume on April 26. For the foreseeable future, all jurors will report to the Towson American Legion Hall at 125 York Road. They will be kept safe by maintaining a safe distance and wearing masks. For criminal cases, juries will be picked on the first day of trial, but will report to the assigned courtroom the following day. For civil cases, juries will be picked in the morning and will report to the assigned courtroom the same afternoon. There will be four criminal courtrooms equipped for jury trials and three for civil cases.
Judge Jakubowski announced that there will be a judicial conference for all state judges on April 28 and 29 and that this will affect trials scheduled on those dates. Lastly, she wanted everyone to be aware that the Court is available to conduct bench trials and to let Central Assignment know if that is your preference. Circuit Court Administrator Tim Sheridan did not have much to add to Judge Jakubowski’s report but did urge all to notify him if they become aware of any COVIDrelated issues. The Clerk of the Circuit Court offered no report. THE ADVOCATE
Magistrate Wendy Schenker reported on behalf of the Magistrates. She announced that Magistrate Phyllis Brown’s retirement will be effective April 1, 2021 and the Court has appointed Carrie Polley to replace her beginning in mid-April. She added that while Magistrate matters will continue to be held remotely, the Magistrates have the discretion to conduct hearings in-person. Orphans’ Court Judge Arthur Frank reported for the Orphans’ Court and stated that hearings continue to be conducted remotely, but he expects in-person hearings to resume at the end of April. Orphan’s’ Court staff will resume their normal office work schedule starting March 15. The Honorable Dorothy Wilson reported for the District Court and focused on the upcoming change to Phase IV. She let us know that initially, practitioners will not notice much of a difference in the volume of cases because the dockets were scheduled far in advance. The dockets will continue to be staggered and the case numbers will remain small due to social distancing. However, some of the shuttered courtrooms will reopen and once again dockets will expand to include VOPs, minor traffic, DNR, tolls, MTA light rails, camera tickets, parking tickets, toll tickets and many, many landlord/tenant cases. She added that the Court is currently working with the County Executive’s Office to help resolve the large backlog of these rent cases. She also expressed that the court encourages remote hearings and urged practitioners to submit the special form requesting remote hearings in advance. The techies out there will be interested to know that Webcams and Polycom equipment (whatever that is??) will be installed in every courtroom. She advised all that notwithstanding the Judicial Conference on April 28 and 29, afternoon dockets will still be conducted. Judge Wilson was followed by Maria Fields reporting for the District Court Clerk’s Office. She stated that the Clerk’s office will be staffed Monday through Friday, but it is still not open to the general public. The Clerk’s office continues to receive filings
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April 2021
BENCH/BAR COMMITTEE REPORT By Cliff Robinson
from physical drop boxes located outside the courthouses. In an effort to create a safer environment in the courtrooms, the Court had ordered additional plexiglass in December, but it has not yet been delivered.
capacity to store such digital devices. Clerk of the Court, Julie Ensor, said she would look into that issue and will provide an answer. Judge Robinson offered that someone had dropped off a thumb drive in advance of one of his trials and that worked well.
The Office of Administrative Hearings provided no report. President Elect Stan Gann, pinch-hitting for President Jay Miller, presented the update from the Executive Committee. He announced that the Baltimore County Bar Office will be staffed Monday through Fridays and open for attorneys, but not the general public. Law Day will be celebrated May 3, 2021, but most of the celebrating will take place in our own homes and offices as it will be held virtually. The guest speaker will be Chief Judge Mary Ellen Barbera of our highest court. The Golf Tournament will be on May 26. There will be a celebration on September 23 from 5:00 to 10:00 p.m. in recognition of the 100-year anniversary of the BCBA. Hopefully, that event can be safely conducted in person. Details to follow.
The Criminal Defense Bar offered no report.
Taking a few minutes to be with us on his birthday, State’s Attorney Scott Shellenberger refused to tell anyone how old he is (one of us is two months older than Scott but kept quiet) but was happy to report that all of his attorneys and those staff members who attend court have been vaccinated. Other staffers will continue to work from home four days a week. His office is geared up and prepared to try two murders per week and non-murder back-up cases. The District Court ASA’s are very busy and functioning at a high level. James Dills shared the updates from the Public Defender’s Office. He reported that most PD attorneys have been vaccinated and are working on a hybrid schedule.
The report from the Office of Law was delivered by Greg Gaskin who let us know that all staff members are still working virtually. He posed a trial prep logistics question that was relayed to him by an attorney in his office. The attorney had asked a Circuit Court Clerk how to pre-file a CD or DVD to be used at trial and was told that the Clerk’s Office has no THE ADVOCATE
The Family Law report was provided by Wendy Meadows who announced that there will be three programs before the end of the year. The first will be a Yoga class held on March 31, 2021 starting at 12:00, if you are flexible enough. It apparently can be performed in your chair. On April 14, there will be a multijurisdictional meeting spearheaded by Chris Malanga. Lastly, on May 20, 2021, there will be a Family Law legislative update.
Nikki Rush updated us on the news of the younger generation from the Young Lawyers Committee. She let us know that there will not be a Bull Roast this year due to COVID. However, the silent auction will go forward and will be held at the Golf Tournament on May 26. On April 7, there will be a program titled “Everything you want to know about being a lawyer but were afraid to ask.” It will be an opportunity for young lawyers and law students to openly ask questions which they may otherwise not feel comfortable asking at their workplaces. Reports were not offered from the Baltimore City Liaison or the Portrait Committee. Harford County Liaison Debra Schubert did provide us with the latest news from her county. She reported that in Phase IV there will not be many changes in the Circuit Court. The judges want hearings to continue to be conducted remotely unless specifically requested. She issued a friendly reminder to upload all exhibits prior to trial. As for the District Court, the staff vaccination rate is 50%. The District Court is also encouraging remote hearings and has expanded the criminal docket. Contested trials will continue and Affidavit Judgments will begin on March 15.
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Continued on page 8 April 2021
HISTORIC MARKER
TO BE
UNVEILED
IN
TOWSON
Reprinted from Maryland Lynching Memorial Project Newsletter
Just after midnight on Monday, July 13, 1885, a 15year old boy named Howard Cooper was dragged from a cell in the old Baltimore County Jail in Towson by 75 masked men and hanged from a sycamore tree next to the building. His was one of at least 40 racial terror lynchings in the state between 1854 and 1933.
Cooper was convicted of assault and rape by an allBENCH/BAR white jury that reached its verdicts in less than a COMMITTEE REPORT minute. An appeal to the US Supreme Court was By Cliff Robinson planned. Rather than risk a reversal, an enraged mob “summarily disposed” of the case “without the There are Zoom links in each courtroom which are utilized for preliminary dispositions. She said the best intervention” of the high court. court-related information is found on the Harford To publicly acknowledge Cooper’s lynching and County website. honor his memory, the Baltimore County Coalition of the Maryland Lynching Memorial Project (MLMP), in The Diversity and Inclusion Committee report was partnership with the Equal Justice Initiative (EJI) and provided by the Honorable Dennis Robinson. He the Baltimore County government, will install an shared with us that the Courageous Conversations program has been well attended thus far. This is a historical marker at the site of Cooper’s murder. joint program with the Professionalism Committee The public ceremony is scheduled for Saturday, May and 189 had signed up for the 21 Week Challenge 8, 2021 at 11a and will feature comments from which started the first week of March. He representatives of government (including Maryland emphasized that it is not too late to sign up and House Speaker Del. Adrienne Jones and Baltimore receive materials for the first few weeks. The County Executive, John A. Olszewski, Jr., EJI and Committee is also sponsoring the Summer Scholars MLMP as well as performances from community Program, which is designed to place diverse artists. Additionally, the winner of the EJI-sponsored candidates in legal positions. Forty applicants have high school Racial Justice Essay Contest will read his applied and seven law offices, thus far, are or her winning essay. All contest finalists will receive participating in the program. Chair Santini scholarships from EJI. encouraged all to sign up for these programs. There was no real New Business to report but the ever-optimistic Chair Santini proposed an in-person or hybrid meeting in May if everyone has been vaccinated. We would all love to see that happen. THE ADVOCATE
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April 2021
HOW CAN MEDIATION IMPROVE YOUR ESTATE PLANNING PRACTICE? By Cheryl Jones
On Thursday, March 17, the Estates & Trusts Committee of the BCBA hosted Jeff Trueman, Esq., who spoke about “How Can Mediation Improve Your Estate Planning Practice?” Mr. Trueman, who is a full-time, independent mediator and arbitrator and Distinguished Fellow of the International Academy of Mediators, highlighted many of the emotional and behavioral dynamics that are inherent in the estate planning process, how overlooking or ignoring those issues can lead to communication barriers and conflict, and the role that mediation can play in resolving those conflicts.
helping clients and their families understand their own emotional needs and more fully identify the legacy they wish to leave. Mr. Trueman examined several key situations that arise during the development of an estate plan in which mediation could be particularly useful. First, when there are estranged children. Second, when there is a blended family (children from previous marriages/relationships). And third, when there is a family business to be passed on. Involving a meditator in these emotion-laden situations would allow information to be gathered from beneficiaries and clients without conflict, encourage open and honest dialogue, create collaborative dynamics to address questions such as what does the future of the family business/family legacy look like and who should manage decisions, and create better overall outcomes by reducing the chances of family litigation and/or attorney malpractice later. Thank you, Jeff, for your expertise!
Some of the key communication barriers Mr. Trueman highlighted included the difficulties individuals have facing their own mortality, the fact that couples and families are not always in alignment about what they want to accomplish from an estate planning and/or end of life standpoint, and that often, money and death conversations are “taboo” in some families. Recognizing that litigation is not always the right solution because of the damage that can be done If you have questions about Jeff, his practice, or how to family relationships, Mr. Trueman explained how mediation can help your practice, his website is using a mediator during the estate planning process www.jefftrueman.com. can help better inform the estate planning process by
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April 2021
LESSONS
ON
CIVILITY
FROM A
16TH CENTURY SAINT
By Michael Jacko
It is not controversial to observe that lawyers are a competitive bunch. Whether we are drawn to this profession because competition is in our nature or whether the trait is cultivated through our training in argument and our exposure to the adversarial system, we often recognize in our collective selves the desire to engage —and to prevail —in competition. It is similarly uncontroversial for lawyers to recognize the importance of tempering this combative nature by cultivating courtesy in our dealings with other members of the legal community. While celebrations of civility are by no means rare (see last month’s professionalism column for an excellent example), it seems less common for us to spend time contemplating how to develop our own habits of civility, particularly if we want to avoid seeming disingenuous. I would like to take a moment now to share one thought on how we might do so: the socalled “Ignatian plus sign.”
said better than it sounded. However, the pay-off for such feats of mental gymnastics can be worth the effort: it makes our relationships more manageable, it reduces our own stress, and it makes us more approachable to others. Let us consider how this plays out for the working lawyer:
Example 1: On the eve of trial, I receive a piece of supplemental discovery to which I am entitled and was previously unaware. I could assume opposing counsel is trying to gain an advantage and playing fast and loose with the rules or that her client is deliberately concealing further evidence as a way of crippling my case. Alternatively, I could consider that perhaps my opponent had believed this evidence had already been shared (or, perish the thought, perhaps it was shared and I misfiled it). In either case, I will have to do my due diligence to be sure that I have all the evidence necessary to represent my client. However, by giving opposing counsel the benefit of the doubt, I Ignatius of Loyola is probably best known today as communicate more humbly, civility comes more being the founder of the Roman Catholic religious naturally, and I maintain more goodwill with my order known as the Jesuits, and perhaps secondarily adversary and the Court. as being the author of a book called The Spiritual Example 2: I am cross-examining an eyewitness who Exercises. In the first project, communities of has testified to having seen events contrary to what my celibate men have to spend their lives residing and investigation tells me occurred. I could assume the working together to advance a common project. In witness is a liar and attempt to make him recant his the second, a director guides a retreatant in a position, or I could begin from the premise that he is program of prayer — the spiritual equivalent of a simply mistaken. Recalling the three-step process period of intensive in-patient psychotherapy. Both described above, it is more desirable to err on the side endeavors require developing relationships of mutual of ascribing a favorable interpretation to the other’s trust. In order to get there, Ignatius found it wise that actions. If I go on the attack too early, I risk raising the each party put the best imaginable interpretation on witness’ defenses and alienating the jury. On the other the other’s speech and behavior. If one could not hand, if I start off treating the witness charitably, he imagine a positive intention behind another’s words might be more forthcoming and perhaps admit his or deeds, Ignatius would encourage him to ask the possible error. If it turns out he is being deceitful, the interlocutor her intended meaning. Only when jury is still likely to reward my initial display of good disagreement persists after these first two steps ought will. one to consider correcting the other, and even then Example 3: A judge denies my motion. I did my with all possible kindness. research, I articulated it clearly, and I am convinced Adopting this philosophy involves discipline: it that the judge has erred. But the court’s ruling is final, means that every time I take offense to someone and I have to make my record and move on. Most else’s words, I must call myself to do the work of litigators know that moment when it comes, but there imagining a way they could have intended what they is still a choice in how to proceed. If I conclude that THE ADVOCATE
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April 2021
LESSONS
ON
CIVILITY
FROM A
16TH CENTURY SAINT
By Michael Jacko
the judge is lazy, ignorant, or obstinate, it becomes difficult and stressful to maintain my composure and civility through the remainder of the case. However, if I can imagine a more benevolent reason the judge may have ruled as she did (perhaps she was moved by sympathy for the opposing party or was reminded of another case on which she had erred in the opposite direction), it will become more natural for me to preserve a gracious demeanor throughout this case. There’s a reasonable chance the difference in my composure will inure to my client’s benefit because I remain more sympathetic. It is also worth considering that it is more stressful to think ill of others, and stress can impair my judgment for the next decision.
giving a free pass to his adversary. There’s nothing wrong in that case with encouraging the client to join me in considering the opposing party, opposing counsel, or the court in a more flattering light. I find that when I do, many of the same benefits described above can manifest for my clients: they are able to comport themselves with greater and more authentic civility, which in turn causes them to appear more sympathetic to judge and jury.
There is a common desire for civility in our professional community and our society at large. The next time you find yourself struggling to maintain that spirit and to express it genuinely, remember the “Ignatian plus sign” and imagine a good reason that other person might have done whatever it was that It is worth mentioning that in any of the above upset you. examples, my client may not like it that I seem to be
COVID COURTROOM SAFETY ARRANGEMENTS
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April 2021
WELLNESS
WITH
WENDY
By Wendy Meadows
taking care of your wellness? During the day? Each evening?
Greetings! I am beyond tickled that I get to talk about my favorite thing with my colleagues – Wellness! My background? While you all know me as a family law mediator, lawyer, and BIA, I have been a health and wellness coach for the last five years and have helped countless practitioners lead healthier, happier, and well lives through exercise, nutrition, and mindset. Given that this is my first article, I am going to start this one by asking questions, rather than providing answers. Why? Because your wellness starts with you. What do I mean by that? There is no other person on this planet that can make you well, until you take care of you first. Yes, doctors and health practitioners can treat you, but your actual day starts, ebbs and flows, and ends with you. You are in the driver’s seat. Questions I want you to consider (and I hope you will email me your responses!)
Remember as you answer each question, you are the person in control here. Right now, you might be saying, “Wendy, you mentioned my client above, I cannot control their wellness, it is hard enough to control my own!” My reply. True. But you can control how you react to them, what you say, your tone, and your body language. Still further, what you put out you will receive back. How do I know this? Because I have seen it (and experienced it) time and time again. You try to beat down your client or opposing counsel with terse and loud words – you will get nothing in return but loud and terse words, high blood pressure, and nowhere in your case. Come at that again from a place of wellness – where you are well mentally, physically, and emotionally – the rewards are endless. This isn’t “woo woo.” This isn’t lip service. This is being aware in the moment and asking yourself if what you are doing is working, then trying it differently the next time. I have done it both ways, guess which one I strive for? Guess which one I am embarrassed by once I hang up the phone? You might find that not only are you able to resolve your case, but you also keep your blood pressure down.
I want you to really think about these questions and spend some time here. Ask yourself what each What does being a “well” lawyer mean to you? A means to you. Sit down and write it out. “well” paralegal? To end, I will leave you with my staples that keep me What does “wellness” mean to you?
What does being a “well” judge, magistrate or clerk going. In future articles, I will come back and explain more as I continue to get to write for you. mean to you? What does a successful day as a lawyer, while Staples balancing your own wellness mean to you? • Physical exercise. Daily. At least 30 minutes. From walking to high-intensity interval training What about a successful day as a lawyer, while (HIIT) to barre to weights to yoga to spinning. balancing your client’s wellness? Break a sweat every darn day. Mix it up. Make it What about a successful day on the bench, while fun. Stop complaining and procrastinating about balancing your wellness? it and just do it. Think of someone who is laid up What can you do each morning to make sure you are and unable to move and would give anything they THE ADVOCATE
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April 2021
WELLNESS
WITH
WENDY
By Wendy Meadows
and stretches where I really reign it in. (I am on a reigned-in streak as I type). Here is what I can tell you – yes, that drink feels great AT THE TIME. But then you wake up foggy, depressed, and tired. You don’t know if you feel that way because of life or the booze. But you sure as heck aren’t operating as your best well self if you are foggy, depressed, and tired. Go two weeks without weekday drinking. See how you feel. Make a mental note of how you feel when your alarm goes off. Decide between a quick “fix” or a clear morning. When in doubt, go to bed.
could to work out for 30 minutes or even walk without pain. The ability to move is a gift. •
Watch what you eat. I could write a whole book here but understand this: That bag of Skittles at 3PM isn’t helping with your afternoon slump. It is making it worse 10 ways to Sunday. I didn’t want to give them up either . . . it was really hard until it just wasn’t. What is one thing you know you need to cut out? In the words of Joey from Full House, “Cut. It. Out.”
•
Number one beverage? Water. Every time.
•
Booze . . . this is the number one place I get pushback. From my challengers I lead, colleagues, family, and friends. “No way can I give up my weekday wine! It is how I unwind and forget about my day and my cases and clients. Without the wine, how will I cope!?” Trust me. I get it. I have been there. I have had stretches of the same
ETHICS TIPS
Until next time!
WHO’S GOT CAPACITY? FOR ESTATE AND TRUST PRACTITIONERS By Britt Stouffer
Everyone seems to be thinking about their own mortality. How could you not? It’s all over the news covering all things COVID-related. The sight of the illness is everywhere you go–from masks to gloves to distant waves to zoom meetings. Death, or thoughts of death, surrounds us and now everyone, it seems, is demanding to get their “affairs” in order. That includes the families of the elderly as well as others with disabilities and underlying health conditions that require frequent hospitalizations or medical interventions. While we attorneys are all trying to figure out what 2021 is going to bring and the increased volume of drafting estate planning documents, it is important to refresh our recollection of our ethical obligations when it comes to the representation of clients, specifically clients with diminished capacity. On March 25, 2021, seasoned attorney, Richard Berwanger, a Principal with Eccleston, & Wolf, P.C., THE ADVOCATE
I look forward to hearing your responses. Please email me at wendy@wendymeadowslaw.com using the subject “Wellness in the Advocate.” All responses will be kept confidential!
presented, “Who's Got Capacity? Ethics Tips for Estate and Trust Practitioners” to the Estates and Trusts Committee of the Baltimore County Bar Association. Richard’s presentation highlighted potential pitfalls that may arise while representing a client in estate and trust matters and suggested practice tips to avoid them. The presentation covered several of the Maryland Attorneys’ Rules of Professional Conduct and included practical tips for avoiding issues that commonly give rise to ethical problems or malpractice cases, such as properly and frequently communicating with the client, identifying conflicts of interest and securing appropriate written conflict waivers during representation, and the importance of securing retainer agreements that clearly identify the scope of representation and the basis for the attorney’s fee.
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Continued on page 15 April 2021
LAW CLERK SPOTLIGHT By Ilona Shpraga
tripped to 43 different states with his friends. They were able to visit different cities, hike in many National Parks, meet new people and enjoy lots of food along the way.
Dominic Gilani
Dominic Gilani is currently clerking for the Honorable Keith R. Truffer. Mr. Gilani came to Maryland from Dallas, Texas and earned a double major in finance and economics from the University of Texas at Dallas. Mr. Gilani attended the University of Maryland Francis Carey King School of Law, which left him interested in administrative law and legislative counsel career opportunities. Mr. Gilani decided to pursue a clerkship position, because it is “one of the only jobs fresh out of law school that exposes you to all sorts of different fields within law, from criminal law to civil tort litigation, to contractual disputes, and family law. A judicial clerkship provides an incredible opportunity to learn and work with the different facets of law through a judge’s perspective.” – Mr. Gilani says. One of the most important things Mr. Gilani learned from Judge Truffer, is “how to write well in a fastpaced environment. Judge Truffer has shown me many ways to structure my writing depending on the type of a case we are working on. I am lucky to work with a judge that is knowledgeable and willing to slow down in order to develop my writing skills in a holistic fashion.” Mr. Gilani commented. If Mr. Gilani had to guess Judge Truffer’s biggest courtroom pet peeve, he would say it is when attorneys and parties start yelling and talking over one another. Mr. Gilani’s biggest pet peeve is when parties and attorneys do not turn off their microphone when trying to say something confidential to one another.
Titilope (Alex) Titcombe Titilope (Alex) Titcombe is currently clerking for the Honorable Sherrie R. Bailey. Ms. Titcombe was born and raised in Baltimore County, Maryland. However, she identifies as Nigerian because that is where her parents are from and that is the culture in which she was raised. Ms. Titcombe received her undergraduate degree in social work from Virginia Commonwealth University in Richmond, Virginia. Ms. Titcombe attended Howard University School of Law in Washington, D.C., which left her interested in civil rights and business litigation. Ms. Titcombe is also open to other practice areas as long as they involve litigation. When asked about why she decided to go to law school, Ms. Titcombe gave three reasons, “First, I have always been a huge advocate for myself and for people around me. I believe the heart of being a lawyer is being an advocate, so I wanted to pursue a career that felt natural to me. Second, I love problem solving! I can spend hours, days, weeks, and even months thinking of creative ways to solve a problem or resolve a conflict. Lastly, the law excites me. I love that it has nuances and that laws are always changing to fit the values of society. It affects everyone’s life whether we are aware of that or not.”
Ms. Titcombe’s hobbies include dancing, hiking, watching documentaries, reading, and spending time with friends and family. She hopes to resume Last but not least, one fun fact about Mr. Gilani is that traveling when the situation allows. Ms. Titcombe’s since his freshman year of college, Mr. Gilani road THE ADVOCATE
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LAW CLERK SPOTLIGHT By Ilona Shpraga
best childhood memory is of her playing outside and riding bikes and electric scooters with her friends in her neighborhood. Finally, one fun fact about Ms. Titcombe is that she spent 9th grade in a boarding school in Nigeria. She did not like it at the time, but now when she reflects back, her time there significantly contributed to the better parts of who she is today.
Andrew Harvey Andrew Harvey is currently clerking for the Honorable C. Carey Deeley. Mr. Harvey grew up just outside of Towson and went to Loch Raven High School. Mr. Harvey received his undergraduate degree in criminology and criminal justice from the University of Maryland College Park. Mr. Harvey attended University of Baltimore School of Law as an evening student, which left him interested in complex civil litigation, specifically antitrust and business.
future career and make a note of attorney practices that he should avoid. Mr. Harvey also believes that the relationship one creates with the judge he/she clerks for (and the other judges on the bench) is invaluable. One of the most important things Mr. Harvey learned from Judge Deeley is to always be precise and thorough. One can never know too many facts and it is important to be prepared and to think of roadblocks that one might face before they get in your way. Mr. Harvey enjoys taking his dog to a dog park, play golf and soccer, put together puzzles with his wife, and listen to music. Finally, one fun fact about Mr. Harvey is that he is an avid soccer fan. In 2010 he traveled to South Africa and went to three world cup games. While in South Africa, he also went on a weeklong safari. Mr. Harvey is extremely excited for the World Cup to come to North America in 2026.
WHO’S GOT CAPACITY? By Britt Stouffer
Attendees also learned some tips for representing a client with diminished capacity, and how the law recognizes intermediate degrees of capacity. Part of the presentation focused on Maryland Rule 19301.14, Clients with Diminished Capacity, which emphasizes, among other things, that an attorney should maintain a normal client-lawyer relationship with the client even if the client has diminished capacity. Richard further discussed the potential red flags for planners to recognize and avoid when dealing with client who may have diminished capacity.
When asked about why he decided to go to law school, Mr. Harvey responded, “I enjoy solving puzzles and learning new ways to attack complex problems. I thought that the legal profession would be a great way to expose myself to such problems. I also believe that being a lawyer is one of the only professions that can lead you to any and all corners of the world. Lawyers The presentation ended with a lively discussion of are employed in almost every single profession, so you hypothetical scenarios, which highlighted the never know where your job could take you.” potential ethical issues and best practices for solving In addition, Mr. Harvey decided to pursue a clerkship the client’s problems. position because he wanted to gain litigation The Baltimore County Bar Association thanks experience through watching actual lawyers perform Richard Berwanger, Esq. for his time and for their craft. He figured it would be a great way to see providing an excellent refresher course on such an lawyering techniques he likes and could use in his integral part of an attorney’s practice and the law. THE ADVOCATE
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THE HONORABLE
IN CHAMBERS WITH…. JOHN J. NAGLE III: CHARACTER REVEALED By Matt M. Paavola
Massachusetts, where he majored in history. He has maintained a strong interest in American history to this Day. After college, Judge Nagle performed title searches for a Towson title company for a year, and then enrolled at the University of Baltimore School of Law, while simultaneously working as a judicial law clerk for the Honorable William R. Buchanan, Sr. After passing the bar exam, Judge Nagle began his career in 1981 with the law firm of Power and Mosner, later named Bodie, Nagle, Dolina, Smith & Hobbs, P. A. in Towson. He worked at that firm for 29 years, eventually becoming its president. At first, the Judge engaged in the general practice of law but Fresh from losing a motion for summary judgment in eventually specialized in complex civil litigation. which I was personally named among a string of Because of his judicial clerkship experience, the defendants, I found myself interviewing the presiding courtroom did not intimidate the young lawyer. judge, the Honorable John J. Nagle III, for this Here is how my interview went: publication. What’s wrong with this picture? At first blush, I thought it might be awkward. But it was not. I Was it difficult to make the transition from insurance have known Judge Nagle since the ‘90’s when he was defense litigation to the bench? a fearless, civil defense attorney for cases in which I Not really. I had already been active in the local bar. was pursuing motor torts for plaintiffs. He was always People knew who I was. I worked my way through a man of good character then, and still is on the bench. the BCBA (Baltimore County Bar Association), and I gave His Honor advance warning that I might be was president in 2000-2001. I served on the [Court asking some touchy questions. He did not flinch. That of Appeals] Character Committee, the Judicial is because he has committed his courtroom to trying to Nominating Commission, and many other [BCBA] do what is right. I did not agree with his recent judicial volunteer positions. I believe I enjoyed a good decision as it pertained to me, but I know he wanted to reputation and was determined to carry that do the right thing. So, the interview went swimmingly. reputation to the bench. That’s exactly how it should go with a judge of What did you contemplate about being a judge? character; this interview will reveal more. There is a reason why John Nagle became the high- I just wanted to be myself. I had seen many, many minded man he is to this day. Judge Nagle was raised judges in my career and I saw their styles, the good in Towson in a close-knit family. The Judge was ones and the not so good ones. The best ones let the baptized at the Church of the Immaculate Conception lawyer try the case. That’s how I wanted to be in Towson and has served there in various lay known. I was determined to run my court on time, positions. He has been married to his wife, Libby for and I wasn’t worried about learning new areas of law 40 years; together they have raised three children. He because I had been exposed to so many while in private practice. I knew I would work hard and get has one grandchild with another on the way. up to speed on less-familiar subjects like family law Judge Nagle attended Loyola High School and the and criminal law. College of the Holy Cross in Worchester, THE ADVOCATE
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THE HONORABLE
IN CHAMBERS WITH…. JOHN J. NAGLE III: CHARACTER REVEALED By Matt M. Paavola
Were you concerned about presiding over a motor tort manner. I stand up to greet lawyers on both sides. trial where you would have to understand both sides? My basic rule is that they leave my courtroom or No. I look at each case for what it is and the respective my chambers with the feeling that they had the sides. I don’t look to see who-is-who in the case. I use opportunity to be heard. my experience to do the best I can. My goal is to place blinders on my eyes like the [image of the lady holding] scales of justice. I believed then, and now that I can weigh each case on its merits and do the right thing. What are your thoughts about judicial elections?
They are grueling, tiring and nonstop. Thankfully I only had to run around for 10 months. But it was very difficult, being out most work nights and weekends. We had a very busy schedule. Our slate was Alexander, Bailey, Brobst and Nagle.*
I think I can look at each case as it is; I see who is involved but I filter that out. I am aware that an adverse decision could hurt a personal relationship. But I have to take that risk. So far as I know, no one I know has held it against me. What were your thoughts in the beginning when some of your biggest supporters appeared before you? We are all human. We [on the bench] are made aware of the idea of judicial bias. We have to be “mindful” of it, especially implicit bias. The members of the bar and bench have been offered courses of late on the issue of implicit bias. I am ever-mindful to avoid any appearance of bias for or against anyone appearing before me. I believe I have been successful in this regard.
I would like to see the system changed. It presents an image that judges may be beholden to their supporters, that they may give favors. I strongly believe that attorneys who volunteered or gave my campaign money did not expect anything in return. As an attorney, my firm and I always supported the judicial campaigns. It went without saying, that this support did not bestow What ran through your mind when you saw my any hint of favor. I believe this thinking is still that way. name in a case caption before you? Do elections give any accountability?
Not really; most members of the public really do not come to know most judge’s records or reputations. They don’t really know the quality of the judges. The thinking is that the public votes [randomly] for the first candidates shown on the list, regardless of the number of vacancies. That is why sitting judges have to campaign so hard. I don’t think a judicial election improves the quality of a judge. I would [however] favor retention elections. Do you think volunteer attorneys might be looking for some so-called “home cooking?”
I did not presume anything, if that’s what you mean. I never assume that a [civil] person did something wrong because they are a named defendant. Sometimes an attorney is a party. I don’t usually see that. But if I do, I try to view it neutrally. When I saw your last name, it took me only a couple of minutes to review the file, and I was not surprised by anything-- that I can remember. [Don’t forget,] I once was a lawyer and we had business matters with a lot of people. A private practice of law is also a business. I know that you run a law firm. It is inherent that disputes can occur from a business perspective.
I’m not sure I fully understand that. I think I’ve smelled Having been on the bench now for more than a some home cooking when I litigated in remote parts of decade, how would you grade yourself? the state in the past [smiling]. But as for me, I look at the individual case. There might be lawyers in a case whom I’ve known for many years, and others I haven’t Continued on page 18 met. I try to introduce myself and greet both in the same THE ADVOCATE
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THE HONORABLE
IN CHAMBERS WITH…. JOHN J. NAGLE III: CHARACTER REVEALED By Matt M. Paavola
I can’t give a letter grade. I just can’t do it. All I can do is my best. I want to be remembered as a judge who treated people with respect in my courtroom. Whether they won or lost, I want to make sure litigants understood the legal process and that [they concluded] this judge listened to them. I would like attorneys to think the same thing about me. Above all, I want them to see that I am prepared and familiar with their case, and treated them fairly. Hopefully, they see that I tried to do the right thing. CONCLUSION Now the reader can understand the subtitle of this In Chambers article: Character Revealed. Judge Nagle opened his public and his private world to my scrutiny even when warned that it could be sensitive. He had nothing to duck. He handled the probe flawlessly. It revealed his character of integrity, a Godly feature in my opinion.
Favorites: Restaurant - CuVino Trattoria Sports team – Ravens Ice cream flavor – Chocolate Chip Music or artist – The Beatles (always) Radio station – Sirius/XM (generally) Charity – United Cerebral Palsey
Book – Winds of War/War and Remembrance (Herman Wouk) Movie – It’s A Wonderful Life Travel destination - London
Famous person, dead or alive, he would like most to meet – Paul McCartney Had he not chosen the law what career might he have chosen – Finance/business
Yours truly volunteered to head the 6th District for that campaign.
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MVLS EXPANDS HUMAN TRAFFICKING PREVENTION PROJECT
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The Baltimore County Lawyer Referral & Information Service is fully operational. Please direct the public to call 410-337-9100 Monday—Friday from 9:00 a.m.—3:00 p.m. to be referred to a lawyer.
Interested in more clients? The 2020-2021 Lawyer Referral & Information Service Panel Application is available online. If you are considering joining Lawyer Referral for the first time and have any questions, contact LRIS Coordinator, Jacob Bengel at jbengel@bcba.org. Remember...You can join or renew at any time! We are looking for a few good screeners! As the bar office opens more regularly, we need phone screeners to help in person. LRIS panel members, call or email Jacob for more information on available shifts.
BALTIMORE COUNTY BAR ASSOCIATION HISTORICAL COMMITTEE Do you have old photos of past Baltimore County Bar Association events and programs? We would love to have them! Please email Rachel Ruocco at rruocco@bcba.org to coordinate.
Do you have a favorite memory of the Baltimore County Bar Association you would like to share? Or maybe a funny story? Email those too. The BCBA Historical Committee is hard at work on a yearbook to commemorate the 100th Anniversary of the Baltimore County Bar Association and your photos and stories will make great additions.
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2021 LAW DAY THEME ANNOUNCED
WELCOME NEW BCBA MEMBERS! 1st Year Attorneys: Alexander James Coffin Stacey Marie Lounsbury
The theme for Law Day 2021 is Advancing the
Rule of Law Now
2-5 Years Attorneys:
6+ Years Attorneys:
The rule of law is the bedrock of American rights and liberties—in times of calm and unrest alike. The 2021 Law Day theme—Advancing the Rule of Law, Now— reminds all of us that we the people share the responsibility to promote the rule of law, defend liberty, and pursue justice.
Kristen Lin
The BCBA will hold Law Day ceremonies on Monday, May 3.
Austen Cohen
Roxanne Lynn Ward MEMBERS
ON THE
MOVE
Government/Non-Profit Emily Alt Lyons Kathleen Carol Murphy
After 34+ years of practice at Levin & Gann PA, Howard Alderman has opened up Alderman Law LLC where he will continue his practice in the areas of land use, development, zoning, administrative matter, etc. New contact information is as follows: Howard L. Alderman, Jr. Alderman Law LLC 7505 Mount Vista Road Kingsville, MD 21087-1759 halderman@aldermanlaw.net Office: 410-929-9113 Cell: 410-456-8501
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CIVIL LAW UPDATE By Ceecee Paizs
add the word “first” before “publication of notice of” when it amended the ET §8-103(f) if the intention was to have the time period run from the first rather than the last publication. Richard A. Kaplan v. Chelsea M. Kaplan, No. 3387, September Term, 2018, filed November 18, 2020. Opinion by Leahy, Andrea M., Judge Wife filed a complaint and Husband filed a counterReview of the Amicus Curiarum for January, complaint for limited divorce or in the alternative, February and March 2021 revealed the following absolute divorce after a 17-year marriage. After a civil cases of interest: contested custody trial, the circuit court entered a THE COURT OF SPECIAL APPEALS: custody, access, and child support order, granting, Maryland Department of Health v. Christine Myers, inter alia, sole legal custody and primary physical No. 3168, September Term, 2018, filed December custody of their three children to Husband and ordering weekly access for Wife with the Children. 17, 2020. Opinion by Gould, Steven B., Judge After a three-day trial later that year, based on the fact When Ms. Miller died, she had received Medicaid that Husband earned an annual base salary of $1.1 benefits in the amount of $449,053.71, giving the million and Wife earned $50,000 annually, the trial Maryland Department of Health (“MDH”) a court awarded Wife indefinite alimony in the amount reimbursement claim against her estate. On July 17, of $8500 per month and child support in the amount of 2017, the Register of Wills Appointed Ms. Myers as $6,500 per month. Husband timely appealed, the personal representative (PR) of the estate. The challenging the award of indefinite alimony and its Register published notice of this appointment in the award of child support to a non-custodial parent. local paper on July 26, 2017, August 2, 2017 and August 9, 2017. MDH filed its reimbursement claim The Court of Special Appeals affirmed, finding that an on January 25, 2018 and it was marked received by unconscionable disparity would exist in the parties’ the Register on January 30, 2018. The PR filed a relative standards of living even after Wife could be Notice of Disallowance of the claim stating that expected to reach her maximum earning potential. pursuant to §8-107(a) of the Estates & Trusts Article Based on the lengthy duration of the parties’ marriage, (“ET”). The Department filled the appropriate the COSA saw no error in the trial court’s focus on the Petition for Allowance. The Orphan’s Court denied parties’ standard of living during the marriage rather the claimed as untimely under §8-103(f). The circuit than their respective standard of living prior to the marriage and thereby awarding Wife indefinite court affirmed. alimony. In addition, consideration was given to the The Court of Special Appeals reversed and parties’ contributions, both monetary and nonremanded. The COSA held that the timeliness of the monetary during the marriage. Further, as to the child filing by the MDH hinged on what started the tolling support, the trail court did not abuse its discretion in of the time for the response. After examination of the awarding Wife, the non-primary custodial parent, legislative history of ET §8-103(f), the COSA held child support in that this was an above the guidelines that the time period for the filing of the MDH claim case and the best interests of the child warranted an did not begin to run until after the third publication of award to Wife of child support as a method of notice on August 2017. A review of the legislative balancing “the best interest and needs of the child with history by the COSA led the COSA to the the parents’ financial ability to meet those needs. presumption that the General Assembly would have THE ADVOCATE
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CIVIL LAW UPDATE By Ceecee Paizs
Rutz v. Kinoshita, 239 Md. App. 395, 425 (2018). Since Wife had the children with her for a significant period of time and that the award of child support would allow for the children to maintain the lifestyle and advantages to which they are accustomed in both homes. Finally, the COSA held that the circuit court properly considered Wife’s spending habits, which Husband felt were excessive, as one of many equitable factors in its determinations of alimony and child support. Bel Air Carpet, Inc. v. Korey Homes Building Group, LLC, et al., No. 1006, September Term, 2019, filed January 28, 2021. Opinion by Leahy, Andrea, Judge Bel Air Carpet, Inc. (Bel Air) was a subtractor to Korey Homes Building Group, LLC et.al (Korey Homes) which was financed by Hamilton Bank. Based on non-payment, Bel Air included Hamilton Bank as a defendant, claiming that Hamilton Bank owed Bel Air a duty to ensure that funds disbursed to Korey Homes for work done by Bel Air were actually paid to Bel Air. Bel Air claimed that Hamilton Bank beached its duty to Bel Air by failing to obtain releases of Mechanic’s Liens for work performed which was “standard industry practice.” Hamilton Bank filed a motion to discuss arguing that Hamilton Bank, as a matter of law, had no obligation to ensure that Korey Homes paid subcontractors. Invoking the economic loss doctrine, Hamilton Bank asserted that it did not have a contractual relationship or the requisite intimate nexus between it and Bel Air to import tort liability on Hamilton Bank. The trial court granted the motion to dismiss and explained that, as a conduit of funds, there was neither a special relationship nor an intimate nexus necessary to establish a duty between Hamilton Bank and Bel Air necessary to assert a claim for negligence. The court entered a written order and certified this order as a final and appealable judgment pursuant to Maryland Rules.
Air did not allege the necessary “linking conduct” between the parties to justify Bel Air’s reliance that Hamilton Bank would ensure that its borrower’s funds were paid to Bel Air. The Court concluded that Maryland Law does not recognize a general duty on the homeowner’s lender to ensure that the general contractor on a home construction project pays all of its subcontractors for work completed when the lender disburses funds to the general contractor and where there is no privity of contract or intimate nexus between the lender and the subcontractors. Second, the Court held that the trial court’s ruling that Hamilton Bank did not owe a duty of care to Bel Air was a legal determination, and therefore, discovery could not have saved the deficiency in Bel Air’s complaint.
Court of Special Appeals affirmed and reached two holdings. First, the Court held that Bel Air failed to allege a cognizable duty of care owed to it by Hamilton Bank because Bel Air did not allege privity or any equivalent intimate nexus in the complaint. Bel THE ADVOCATE
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YOUR AD COULD BE HERE! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9103 for advertising rates
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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
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