Advocate February 2021

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXX, NO. 6

February 2021

PRESIDENT’S MESSAGE

By Jay D. Miller As most attorneys, I consider myself lucky to be in this profession. While it is demanding and stressful on a daily basis, I very much enjoy the satisfaction that comes with helping those unable to help themselves. And, in thinking about what we as lawyers do to help those in need of our counsel, I wonder, who or what is there to help us? Well, the answer is quite simple. It is, in fact, our very own Baltimore County Bar Association.

Think about the reasons why you choose to be a member of the Baltimore County Bar Association? Is it the great networking opportunities that the BCBA provides? Is it the many educational programs offered each month? The attorney support programs offered?

The up-to-date information and current legal developments provided? Is it the great, interactive website? The helpful advertising? Or simply, the comradery and social connections that come with belonging to a Bar Association? No matter what it is that brought you here, I hope you are aware of all of the advantages to being a BCBA member.

Since March 2020, the BCBA has proved why it is such a great association for its membership. We have received great feedback about the frequency and substance of BCBA’s weekly emails. As you probably know, each week an email is sent by the BCBA advising members of the latest and most up-to -date news directly from the courthouses. Our Chief Judge of the District Court, The Honorable Dorothy Wilson, has continuously kept our Association apprised of any and all changes in the local district

court practices. Our Chief Judge of the Circuit Court, The Honorable Ruth Jakubowski, and The Honorable Kathleen Cox before her, keep the BCBA on speed dial to ensure that current court updates are disseminated immediately to you, our members.

As you know, COVID-19 and its devastating effects could not be anticipated. But as we were forced to adhere to many significant changes, the BCBA has been here to assist in ways we never imagined.

Moreover, rather than simply supply information and wait for Baltimore County to reopen its doors, our Executive Director, Rachel Ruocco and her new team of Amber Gaines and Jacob Bengel, made it their mission to ACT. And to act immediately. At the very start of the pandemic, Rachel and her team made sure that each of our BCBA committees met virtually.

Committee planning meetings were held by Zoom and CLE courses continued remotely. In fact, Zoom became the cool meeting spot to hang with all your colleagues. To consult, to catch up, to effectively practice law. Zoom became the “place to be.” The hot spot. Of course, it was much cooler if you actually bought Zoom stock (NYSE: ZM) last year

Vallit Advisors THE ADVOCATE

Page 1

February 2021

PRESIDENT’S MESSAGE and watched it increase to 500 points (raise your hand if you did). In all seriousness, that is the forum we used to hold our Stated Meeting (allowing us to still award Mary Sanders and Judge Cox with their well-deserved honors). Also, by Zoom, in November, we participated in a BCBA Happy Hour (no designated drivers necessary), and in December, we held a holiday party with Christmas-themed bingo. But the fun doesn’t end there…

BCBA Lawyer Assistance Committee is closely aligned with the MSBA Lawyer Assistance Program (“LAP”). If you are aware of a colleague who is struggling with depression, substance abuse, alcoholism, financial issues, or is simply burned out with stress during these difficult times, simply call (410) 625-7878 and make a completely anonymous and confidential referral. You can be confident that your colleague will receive support in a confidential manner, without reporting or notes, just help if they are willing to accept it. For those in need of inpatient or outpatient help but are unable to afford such treatment, the Bates-Vincent Fund is available to assist any member of the State Bar or Judiciary who needs it, including law school students.

In February, we will host our annual Chopped Cooking Competition, where members will vote for the champion chef. You see, rather than simply acquiesce into this “pandemic slow-down” your BCBA leaders have been energized by it – bringing opportunities that never existed before, all in an effort to connect us now more than ever. While we Don’t go yet, there is still more. Our Executive remain six-feet apart, we are anything but socially Director, Rachel Ruocco, along with Hasson Barnes distant. and our Pro Bono Committee Chair, Marissa Joelson, So, you want more? Well, the BCBA Lawyer are putting the finishing touches on a new networking Referral Service (“LRIS”) is moving along at a great program that will bring BCBA lawyers together in an clip. LRIS is currently offering one free panel for effort to help attorneys affected by the pandemic every three you sign up for. There is no better way increase their business during these difficult times. A to obtain new clients than simply contacting the bar perfect example of “lawyers helping lawyers.” office and signing up to receive referrals. What Because we are all in this together and we will come else? Well, rest assured that the minute there is a out stronger than ever. change in the status of the court’s COVID regulations, you will be informed by the BCBA. Also, the BCBA is currently offering a payment plan to allow members to pay membership dues over time. Simply log onto the BCBA website at www.bcba.org and the “MyBCBA” section will contain any outstanding invoices you have. It allows you to define how you would like your payments to be made. While you are on the website, be sure to check out the upcoming remote CLE’s.

The BCBA is and always has been about building a close-knit community of attorneys and their support teams in an effort to help us become better at what we do. The BCBA continues to improve our profession, providing the resources to help us become more effective professionals for those who seek our help.

So, don’t forget, the next time you are exhausted after a long week of solving other people’s problems, your BCBA is here for you in more ways than you probably thought.

Recently, I wrote about how by helping others we can help ourselves. This is the perfect time. The

Jay D. Miller BCBA President, 2020-2021

MOCK TRIAL SCORERS NEEDED MYLaw Virtual High School Mock Trial Competition needs scorers! Judges, Attorneys and Law Students are all encouraged to volunteer.

Competitions are held every Tuesday and Thursday, now through mid-March from approximately 4:457:00pm. Score from the comfort of your home or office! Click here to Judge/Score a Mock Trial!

THE ADVOCATE

Or, for more information, visit www.mylaw.org

Page 2

February 2021

2020-21 Officers President Pres-Elect Secretary Treasurer

Jay D. Miller Stanford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles

Executive 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

Contributing Writers Bill Alcarese, Jr. Michael Barranco Craig Borchers Amy Hennen Ari Kodeck Judge Stacy Mayer Matt Paavola Ceecee Paizs Britt Stouffer Thomas Tompsett, Jr.

Bench/Bar Update Chopped Competition Diversity & Inclusion Estates & Trusts RON Foreclosure Crisis In Chambers With Judge Cox Retirement Law Clerk Spotlight Lawyers Assistance MD General Assembly Member Ads Memorial Service Professionalism Reasons to Mediate

Pg. Pg. Pg. Pg. Pg. Pg. Pg. Pg. Pg. Pg. Pg. Pg. Pg. Pg.

8 13 10 5 22 16 6 14 26 18 44 10 23 24

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.

THE ADVOCATE

Page 3

February 2021

COURT NOTICES

DECEMBER DISTRICT COURT SCHEDULE

BCBA FACE MASKS AND CUFF LINKS STILL AVAILABLE Not only do we still have a few BCBA face masks available to purchase for $10 each, but we now have BCBA cuff links available as well. At only $25 per pair, these cuff links are sure to make a statement next time you are in the courtroom!

Contact Jacob Bengel at jbengel@bcba.org or 410-337-9101 to purchase face masks or cuff links.

THE ADVOCATE

Page 4

February 2021

REMOTE ONLINE NOTRIZATIONS

By Britt Stouffer

On December 8, 2020, Renee Hunter, Esq., General Counsel for Notarize gave a virtual presentation on Remote Online Notarization (RON). Hunter provided a detailed history of RON and its legislative development, both federally and on a state-by-state basis. RON laws originated from a need in the real estate industry for a remote signing solution as evidenced from real estate association lobbying and advocacy. As such, most laws and online RON software solutions cater to the real estate industry.

concern to many attorneys is the high cost of RON software and desire to use their own in-house notaries. Hunter did acknowledge this as a concern her company is aware of, and currently any notary can register with the software. From a pricing standpoint, currently Notarize offers a monthly fee versus a per-signing option. A per-signing fee structure is in the works and should be offered by the second quarter of 2021 for those attorneys who may only need a RON signing options every now As of 2020, the vast majority of states have enacted and then. some form of RON legislation. RON software providers like Notarize use an online system to verify a signer’s identity. “Presence” is a key component of the law and the standard of presence is met by video conference (no physical presence required). Maryland law is modeled off the federal model RON law; however, there are limitations on what documents can be signed remotely. Wills and Trusts in Maryland still require physical presence for witnesses; witnessing by video presence is not valid. So, while RON software may be used for Powers of Attorney and Health Care Directives, if a client is doing a complete estate plan, not all documents can be signed remotely which defeats the purpose of remote signings in many cases.

Maryland RON law requires the recording of the notarial act (not the entire meeting) and maintenance by the notary of such recording for 10 years. Of

FAMILY LAW SELF-HELP SERVICES AVAILABLE The Self-Help Office is currently offering Family Law assistance via virtual appointments. Pro se parties can schedule a 30-minute appointment by clicking on the link below. https://calendly.com/baltimore-county-circuit-courtself-help/30-minute-appointment?month=2021-02 If the assistance the parties need does not require an appointment, they may email the Self-Help Office at baltcoselfhelp@mdcourts.gov.

THE ADVOCATE

Page 5

February 2021

RETIREMENT OF THE HONORABLE KATHLEEN GALLOGLY COX

By William F. Alcarese, Jr.

On December 18, 2020, the Honorable Kathleen Gallogly Cox took the bench for the final time as Administrative Judge for the Circuit Court for Baltimore County. Unfortunately, due to the current state of affairs, individuals could not attend her last docket to congratulate Judge Cox on her retirement.

Instead, during this “new normal,” Judge Cox’s husband, Deputy State’s Attorney John Cox, arranged a surprise Zoom session that evening which was virtually attended by many friends, family, lawyers, and judges to share stories and extend cheers on a wonderful career. She will be greatly missed as the leader of the bench, but she leaves it in good hands.

Notre Dame. Judge Cox remains a loyal and devoted fan of the Fighting Irish! After graduating from law school, she served as a law clerk to the Honorable James R. Miller, Jr. in the United States District Court for the State of Maryland. Thereafter, Judge Cox was an Assistant Federal Public Defender for the District of Maryland and then entered private practice at Cook, Howard, Downes & Tracy, which merged into Venable Baetjer & Howard, where she became a Partner.

In 1999, Governor Parris Glendening appointed Judge Cox to the Circuit Court for Baltimore County. In 2013, Judge Cox ascended to Administrative Judge for the Third Judicial Circuit by Chief Judge Mary Judge Cox’s work ethic was unmatched. Her Ellen Barbera. character flaw was that she could not say “no.” She Throughout her distinguished career as a practitioner was willing to take on any matter, regardless of the and judge, she was the recipient of many deserving challenge or commitment required. Judge Cox is awards and accolades. There are too many to extremely knowledgeable in all aspects and many mention all of them, but notable recognitions include would visit or call Judge Cox seeking advice and the Honorable Glenn T. Harrell, Jr. Judicial guidance. No matter how busy she was, Judge Cox Excellence Award, the Baltimore County Bar was always willing to share her time with others.

Association Law Day Award, Leadership in Law Judge Cox recounts that she was blessed with great Award, and Top 100 Women Award (multiple times). colleagues, friends, and staff and will miss everyone Judge Cox humbly and gracefully accepted these inside and outside of the Courthouse. She is awards and was sure to acknowledge all those who appreciative and thankful for all of the support from supported her, especially her family, colleagues, and her colleagues, the Bar, and other groups over the friends. years.

Moreover, Judge Cox was involved in many positions Judge Cox has a genuine admiration for her and committees to improve the administration of professional family and has enjoyed working with justice including, but not limited to, the Chair of the them during her tenure. She is grateful for her past statewide Conference of Circuit Judges; Chair of and present staff, Kathy, Brittany, and Debbie, who Problem-Solving Courts; Domestic Law Committee, kept her organized and on top of things on a daily Criminal Pattern Jury Instruction Committee, basis. Judge Cox is very proud of the more than two Judiciary ADR Committee and Maryland Judiciary dozen law clerks who worked with her and she has Bench Book Revision Committee. Additionally, enjoyed following their professional career paths, Judge Cox was an active member of the Maryland which are in many diverse directions. Judge Cox State Bar Association, Baltimore County Bar remains connected to her law clerks and staff by Association, Women’s Bar Association of Maryland, hosting an annual reunion party.

Women’s Law Center, Fellow of the Maryland Bar Judge Cox has a remarkable history as a practitioner Foundation, and member of the Dissenter’s Law and Judge. She received her bachelor’s degree and Club. juris doctorate from the prestigious University of As a practitioner, it was a pleasure to appear before THE ADVOCATE

Page 6

February 2021

RETIREMENT OF THE HONORABLE KATHLEEN GALLOGLY COX

By William F. Alcarese, Jr.

Judge Cox. She is open-minded and would willingly work with attorneys and the parties in a meaningful effort to resolve matters. But, if a case went to trial, everyone was given a fair opportunity to present the case. Judge Cox conducted herself with the highest level of professionalism and everyone received a fair trial in her Courtroom. At the close of the case, she had an innate skill of explaining her well-reasoned ruling that was delivered in a thoughtful and considerate manner to the parties and counsel.

Looking ahead, Judge Cox is most excited to spend time with her husband, John, her three children that are all living close by, and especially, her grandchildren (two and counting!). Judge Cox and John are also busy with their new puppy, a Wheaton Terrier Poodle Mix, named Kennedy, who recently joined their Goldendoodle, Madison. She also looks forward to trips to her home away from home on the Outer Banks and will make travel plans when this pandemic is an afterthought.

Many of Judge Cox’s responsibilities as Administrative Judge occurred behind the scenes and go unnoticed as she juggled all of the required tasks.

The implementation of new policies and procedures improved case management for all types of cases and were advancements for the judicial system that we now take for granted.

Professionally, Judge Cox will stay involved in the judiciary/legal world. She will be sitting as a retired judge in Settlement Court, and likely other special assignments, and plans to explore serving as a private mediator or arbitrator. We can all agree that Judge Cox will be phenomenal as a facilitator in ADR matters.

Judge Cox recalls two challenges as Administrative Judge that were significant accomplishments and were very gratifying to her: first was the anticipated rollout of MDEC; second was the unexpected COVID-19 pandemic. In each of these situations, Judge Cox worked tirelessly with many people in various roles within the judiciary. She collaborated and tapped into the skills and strengths of the courthouse family and valued their roles and input as they all worked towards the achieving goal, which probably seemed like a moving target.

In closing, Judge Cox again extends genuine thanks to everyone and looks forward to the unwritten chapters of her upcoming journey.

THE ADVOCATE

To Judge Cox – I have heard that in retirement every day feels like a Saturday. Notre Dame football also plays on Saturdays. Unfortunately, they do not play 365 days a year, but I know that you will find plenty of things to do to fill all the “other” Saturdays.

On behalf of everyone, congratulations, and best wishes!

Page 7

February 2021

BENCH/BAR COMMITTEE REPORT

By Judge Stacy A. Mayer

The January meeting of the Bench/Bar Committee in order to have the position filled by the retirement was held virtually on January 14, 2021, with date.

Chairperson Raphael Santini presiding.

A question was raised as to whether clerks must hold Administrative Judge Ruth Jakubowski delivered the motions for remote hearings for a certain time and Circuit Court Bench Report, announcing the Judge Jakubowski assured that no such delay was elevation of The Honorable Stacy A. Mayer to fill necessary. It was explained that requests to appear The Honorable Mickey Norman’s seat. Judge Mayer remotely before a magistrate are routed to the Family is expected to be sworn in on February 1st in a Law queue and any questions about such pending private ceremony, given COVID safety restrictions, requests may go to Judge Cavanaugh’s judicial and will move into Judge Jakubowski’s former assistant. chambers on the fifth floor.

Tim Sheridan gave the Circuit Court Administration Phase Two is expected to continue through March 14th with an update expected in late February or early March for the next phase. Circuit Court has been conducting remote hearings throughout this phase and everything is being done to move cases while ensuring all remain safe. Family law matters are being conducted remotely and those may include multi-day cases if they can be conducted safely.

There are also two currently scheduled in-person criminal bench trials, which will involve the use of larger courtrooms, witness staggering, and socialdistancing protocols.

The court can conduct additional bench trials for defendants willing to waive their right to a jury trial. Jury trials are expected to resume on April 26th, with the possibility of an additional county location for jury selection.

Judges, magistrates, sheriffs, and other front-line courthouse personnel have begun the vaccination process and there have been no reported side effects.

Judge Jakubowski wants to spread the word about how well everyone is doing post-vaccine to encourage all to participate. Plexiglass dividers have been located and will be moved into courtrooms in short order to enhance safety. There are also smaller tables that can be brought into the courtrooms to allow attorneys to sit separately from clients, should that be desired. The use of masks, social distancing, and sanitation procedures will also continue.

report, requesting that anyone interested in using smaller trial tables, to allow for social distancing, simply give him a call. There are options available and the court will work with the parties to make accommodations.

The Circuit Court Clerk’s Office reported that virtual weddings have been conducted since January 1st and Julie Ensor indicated that it seems quite popular.

Magistrate Wendy Schenker had no formal report, except to offer thanks to Judge Jakubowski for coordinating a quick replacement process for Magistrate Brown.

Arthur Frank reported for the Orphan’s Court that all proceedings are being conducted virtually.

Administrative Judge Dorothy Wilson reported for the District Court Bench, indicating that most of Group 1a has been vaccinated. That group includes judges, clerks, constables, and commissioners. There have been no adverse reactions reported and the process has been very efficient and orderly. While the Judiciary cannot mandate vaccinations for its employees, it is certainly encouraged.

Judge Wilson thanked Judge Michael Siri for his work in developing processes and protocols for remote hearings in the district court. Those protocols will be shared with the Bar Association to encourage participation and provide certainty to parties. Remote Magistrate Phyllis Brown is retiring April 2nd and hearings are currently being conducted in all locations, that position will be advertised in February with including in all pre-trial settlement conferences which interviews to be held in late February or early March Judge Phil Tirabassi has continued without THE ADVOCATE

Page 8

February 2021

BENCH/BAR COMMITTEE REPORT

By Judge Stacy A. Mayer

interruption throughout the phases of operation. Judge Wilson also reported that each courthouse location is equipped with a Polycom system and additional technology is being installed at the Catonsville courthouse to facilitate such proceedings. Judge Wilson encouraged the filing of remote requests as early as practicable so that any necessary accommodations can be made.

his office is strongly encouraging vaccination though, as with the Judiciary, it cannot be mandated. The Office is also working on establishing parameters for OPD representation as the topic has long generated questions and confusion. The guidelines should be complete within the next month or so and input from the Bar is welcome.

Report, indicating that the clerks are working hard to get cases moving in a safe fashion. Additional plexiglass has also been ordered for the courtrooms and should be arriving in the near future.

The Young Lawyers report was presented by Nikki Rush. The holiday toy drive was a huge success, with CASA receiving innumerable toys along with $350 in Amazon gift cards and $100 in Giant gift cards.

Greg Gaskins reported from the Office of Law that It was also noted that the District Court is now down teleworking continues, and the Office of two judges.

Administrative Hearings is conducting virtual Maria Fields gave the District Court Administration hearings at the present time.

Administrative Law Judge William Somerville On behalf of the Portrait Committee, Harry Chase reported that ALJ Eileen Sweeney is retiring on reported that portraits are now complete for Judges February 1st.

Smith and Murphy and almost complete for Judge Bar President Jay Miller reported that the new BCBA Wright. There will be small, COVID-safe, family website is up and running. Dues can be paid via the ceremonies to present these portraits in the near website, including with a new option of a payment future. As the Baltimore City liaison, Harry Chase reported that Judge Carrion has created an encrypted plan. email process to send notifications when an employee With COVID restrictions, it has been difficult to hold tests positive in the courthouse. events to raise money for CASA. As such, all members are strongly encouraged to participate in the Debra Schubert presented as the Harford County upcoming Chopped cooking competition. Members liaison that Harford County Circuit Court has revised may pledge $1 per vote from February 3rd through its Phase Two COVID operations plan and she February 11th and those dollars will make a big emailed a copy of that plan to all members of the Bench/Bar Committee. difference to our deserving charity.

Bar President Miller also reminded members that the The Diversity and Inclusion Committee report was next Stated Meeting will be held on February 18th and presented by Snehal Massey. On February 11th, there that lawyers are being sought for lawyer referral. If will be a webinar available on implicit bias in the courtroom. On February 26th, there will be a interested, contact Jacob in the Bar Office. discussion as to what direction the BCBA should take State’s Attorney Scott Shellenberger advised that the given the insight gained from the webinar. Members Office is handling a lot of cases in District Court and should also look forward to the launch of a summer working to get pleas in Circuit Court. While the scholars program in the near future. support staff is working remotely at the current time, attorneys can be reached by calling the main number at The next meeting of the Bench Bar Committee is 410-887-6610. Calls are forwarded to the ASAs and scheduled for February 11th at 8 am. If anyone has an issue to bring to the Bench/Bar Committee, please routed to voicemail on their home laptops. speak with an at-large member. The list of at-large Acting District Public Defender Jim Dills reported that members can be found on the Bar website.

THE ADVOCATE

Page 9

February 2021

ARE YOU UP FOR A CHALLENGE?

By Craig R. Borchers

The BCBA Diversity and Inclusion Committee has been hard at work putting ideas into action. On the calendar already is a two-part program, Courageous Conversations: Discussing Systemic Racism, Implicit Bias, and the Role of Bar Associations in Addressing Them, scheduled to take place on February 11th and 25th, which will be led by Russell McCain, Dean of Diversity and Inclusion at the University of Maryland Carey School of Law. There is also the Summer Scholars Program aimed at pairing a diverse and qualified applicant pool with local firms for a meaningful summer clerkship experience. You will hear a great deal more about these important programs in coming editions of the Advocate, and can learn more about each at the BCBA website.

educational material, and in turn, challenged the Baltimore County Bar Association and its members to take the pledge. The intent, at the conclusion of our Challenge, is to then challenge another of the State’s bar associations, allowing the program to continue to spread until all attorneys throughout the State have had an opportunity to take The Challenge.

You can find the pledge within this edition of the Advocate, and it is also available on the BCBA website. Feel free to take a quick break from this wellwritten and informative article to put your thoughts into action by signing the pledge now, and emailing it to againes@bcba.org. What are you waiting for?

Participation in the program is free to all; members and non-members alike. We encourage you to share the pledge with other members of the legal community, The focus of this article, however, is “The including your office staff and colleagues.

Challenge,” a 21-week commitment to learn and educate association members and non-members In an effort to keep the program free to participants, the regarding systemic inequalities in the legal system Diversity and Inclusion Committee is soliciting and generally. Beginning the first week of March sponsorships. Sponsorship money will go directly to 2021, and continuing each week thereafter for 21 covering the monthly participation of members of the weeks, the Diversity and Inclusion Committee will Association of Black Psychologist. The participation circulate articles or videos to all pledge participants of these psychologists and social workers is vital to the related to racism, social injustice, or bias. At the end program, providing facilitators trained to advance the of each month, participants will meet virtually to dialogue and educate participants on these sensitive discuss and distill the past month’s educational issues. If you are interested in sponsoring, either materials. The monthly meetings will entail directed personally or through your firm, please see The discussion facilitated by members of the Association Challenge Sponsorship Opportunities flyer also of Black Psychologists, and shall serve as an included in this edition of the Advocate and on the opportunity for participants to digest the materials BCBA website. While there are four enumerated sponsorship tiers, any donation, small or large, will be and answer questions in a safe environment. accepted and appreciated in helping to advance this Research indicates it takes 21 days to create a habit. great cause.

Let us, as an organization, engage in this 21-week challenge and make it part of who we are. The I signed the pledge. Will you? origin of The Challenge traces back to the Racial Justice Council of the Bar Association of Montgomery County. That group undertook the 20 Weeks in 2020 Challenge, and if you go to their website, you will see the names of 336 individuals who took the pledge. The Racial Justice Council and the Montgomery Council Bar Association and Foundation have generously provided the THE ADVOCATE

Page 10

February 2021

ANNUAL MEMORIAL SERVICE

By Peter T. McDowell

THE ADVOCATE

Page 11

February 2021

ANNUAL MEMORIAL SERVICE

By Peter T. McDowell

THE ADVOCATE

Page 12

February 2021

THE ADVOCATE

Page 13

February 2021

LAW CLERK SPOTLIGHT

By Ari J. Kodeck

On January 11, 2021, I had the pleasure of interviewing Taylor Deer, Nathan Adams, and Brittany Feinberg, three of the Circuit Court for Baltimore County’s newest law clerks. Of course, interviewing folks over Zoom is basically talking to a computer screen, but it became evident early on that they made it personable and engaging, nonetheless.

hopes to practice in the Seaside Beach area, which is a stone’s throw from Rosemary Beach area. Sidenote: this area is the author’s favorite beach!

She finds the Estates and Trusts and Healthcare law very interesting and hopes to practice in those areas after her clerkship.

Her biggest courtroom pet peeve: When attorneys constantly talk over one another and object to everything, whether or not it is really objectionable.

Taylor Deer Ms. Deer is Judge Glass’s current law clerk, having started her clerkship in August 2020. Ms. Deer comes to us by way of West Virginia. She graduated with a Bachelor of Science in Broadcast Journalism from West Virginia University, followed by a Juris Doctorate from the University of Baltimore School of Law. Although the pandemic is challenging for all of us, so far, Ms. Deer’s toughest challenge was her first year of law school.

Ms. Deer’s favorite pastime is riding horses.

Competing since she was nine years old, Ms. Deer’s goal is to own a horse once again. Since she is a native West Virginian, and attended the University, her favorite sports team are the Mountaineers (football and basketball). Unfortunately, since she grew up visiting her uncles in New York, Ms. Deer became a huge New York Yankees fan. Do not worry Ms. Deer, we will hold that against you here in Birdland! She loves the color pastel yellow and the last book she read was “Where the Crawdads Sing,” by Delia Owens.

Nathan Adams Mr. Adams is Judge King’s current law clerk, also starting his clerkship in August 2020. Mr. Adams hails from Greenwood, South Carolina. Mr. Adams intimated that the pandemic presents unique challenges to clerking and practicing law.

Mr. Adams attended Auburn University, graduating with a degree in Political Science. And before you ask, he is an Auburn fan, not a Crimson Tide fan, and definitely not a Seminoles fan. Despite graduating from University of Baltimore Law School, he remains an Atlanta Hawks fan. His favorite pastime is playing Monopoly or any board game for that matter.

Mr. Adams also intends to sit for the February Maryland Bar exam and expects to waive into the South Carolina Bar soon afterwards. Another side Ms. Deer intends to sit for the February Maryland Bar note: this state is home to the author’s other favorite and then for the Florida Bar soon afterwards. She beaches. Mr. Adams enjoys real estate law and civil THE ADVOCATE

Page 14

February 2021

LAW CLERK SPOTLIGHT

By Ari J. Kodeck

litigation and is looking forward to practicing in those Her biggest pet peeve: When attorneys are late and areas. unprepared. Somewhere in those words is another Mr. Adams’ favorite color is blue and the last book he Professionalism Committee Article! read was “The Soul of America,” by Jon Meacham.

Please give Ms. Deer, Mr. Adams, and Ms. Feinberg His biggest courtroom pet peeve: When attorneys do a warm Baltimore County Bar Association welcome not submit proposed orders. Note to self, submit those and wish them good luck on the bar exam! orders!

PROFESSIONALISM AWARD NOMINATIONS SOUGHT

The Baltimore County Bar Association is currently soliciting nominations for the 2021 J. Earle Plumhoff Professionalism Award. Nominations are due to the Bar Office by March 19, 2021.

Brittany Feinberg Ms. Feinberg is Judge Robinson’s current law clerk, having started her clerkship in August 2020. Ms. Feinberg hails from Owings Mills, Maryland. Ms. Feinberg graduated from Florida State University with a degree in Sports Management. Ms. Feinberg graduated from the University of Baltimore Law School and is an avid Baltimore Ravens fan. Ms. Feinberg feels fortunate to be working as a law clerk but feels the pandemic has prevented her from having the full clerkship experience of seeing jury trials, inperson trials, in-chambers meetings, and generally interacting in person with other members of the bar.

Ms. Feinberg intends to sit for the February Maryland Bar exam and expects to waive into the South Carolina Bar. So far, she enjoys medical malpractice and hopes to practice in that area of law, on either side of the isle!

Her favorite color is hunter green and due to the pandemic-induced, perpetual, never-ending, forever studying for the bar, her pastime consists of watching quality programming, including Real Housewives, and listening to music.

THE ADVOCATE

The recipient of the award must have been a member of the Baltimore County Bar Association for at least five years. He or she must have made professional contributions to Baltimore County Bar Association activities, and must have made contributions that have gone largely unnoticed.

Finally, the recipient must have high marks for integrity, dignity, and civility.

Nominate a deserving legal professional by filling out this form and describing why you believe this person should receive the award, providing examples of his or her professionalism. The award will be presented in May, 2021.

Past award recipients include: Myles F. Friedman, 1984; Richard A. Reid, 2003; Leon Berg, 2005; Hon. Keith R. Truffer, 2006; Carolyn H. Thaler, 2007; Jennifer B. Aist, 2008; Christopher W. Nicholson, 2009; Kristine K. Howanski, 2010; Harris J. “Bud” George, 2011; Mary Roby Sanders, 2012; Robert L. Hanley Jr., 2013; Hon. Robert J. Steinberg, 2014; Herbert R. O’Connor III, 2015; Drake Zaharris, 2016; Carl Gold, 2017; Dominick Garcia, 2018 and Hon. Vicki Ballou-Watts, 2019.; Suzanne K. Farace, 2020 NOMINATION FORM CAN BE FOUND HERE.

Page 15

February 2021

IN CHAMBERS WITH….

THE HONORABLE ANDREW M. BATTISTA: THE PEACEFUL FIGHTER

By Matt M. Paavola

minded litigator. I suspect his Catholic faith also contributes to his pleasant demeanor and worldview.

Is there such a person as a peaceful fighter? The life of the Honorable Andrew M. Battista personifies this oxymoron. Here, we have a man who eye-balled the bench almost as soon he became a lawyer. He fought and fought every obstacle and would never take no for an answer. His dream finally came true after years of meeting resistance when Governor Larry Hogan gave him the nod two years ago. But to know Judge Battista throughout this process, as I did, you would have no idea about his fight. He remained at peace. Indeed, everything about Judge Battista’s exterior demeanor is calm and peaceful. I have observed him as a litigator, and now as a judge, and he rarely appears stressed.

Judge Battista was born in Washington, DC and grew up in Prince Georges County, where he attended school and grew to be a lifelong fan of the nearby Terps. In 1985, he married his lovely wife, Rebecca, and the couple enjoyed three daughters, Katie, Emily and Anne Marie, before welcoming their only son, Patrick. Sports and academics were huge for the Battista children. Even mom got into the sporting action with a long stint as a girls’ lacrosse official.

They are now empty-nesters. Becky volunteers with underprivileged youth through the Sisters Circle, while hubby projects another decade on the bench before mandatory retirement. He fields questions about his career, retirement, and even death with the same calm that facilitated his success as a toughTHE ADVOCATE

I asked Judge Battista to compare his career before and after the bench. Without hesitation, he noted the achievement part of private practice. As a zealous advocate in both civil and criminal courtrooms, he enjoyed the thrill of victory but, unsurprisingly, he was easily able to shrug off the sting of defeat. The exhilaration of the former covered up the agony of the latter – – not to mention his built-in calm nature.

Life on the bench, by contrast, entails no achievement. There is a winner and there is a loser, but the judge remains above it all. Judge Battista tries his level best to mete out justice fairly and impartially, but his fighter instinct enables him to adjudicate conflicting truth claims without vacillation. Even though he fought hard for the criminally-accused for over 30 years, he has no problem uttering the word “guilty” from the bench.

What fascinates him most is observing the visible attitude of visitors to his courtroom. Family law litigants arrive to court already upset; criminal defendants generally have accepted their fate and are the least contentious because they are looking for mercy; contract and tort litigants are somewhere in between. His Honor’s calm demeanor facilitates the process for all three.

For example, I coincidentally tried Judge Battista’s first jury trial, a workers’ compensation petition for judicial review on a contentious issue of compensability between a small employer rankled by the claim of my worker. The employer believed my client’s accidental injury was a result of his own misconduct, a defense in workers’ compensation law. The tension between the parties was palpable.

Even the jury could pick up on it. The baby judge deftly weaved his way through the many complex procedural technicalities of a jury trial, and, once again, his calm demeanor overrode the shenanigans of the contentious litigants.

Page 16

February 2021

IN CHAMBERS WITH….

THE HONORABLE ANDREW M. BATTISTA: THE PEACEFUL FIGHTER

By Matt M. Paavola

Judge Battista is happy that he did not have to run for election (along with Hon. Vicki Ballou Watts). I asked him how he would have campaigned. Therein is the rub.

A judge by definition cannot make campaign promises.

One could not, for example, promise to be tough on crime. That would be unethical. So, there’s not much to tell the throng of voters other than to share a promise to show up every workday at the courthouse and give an honest effort at justice. Sadly, noted His Honor, exterior trappings like gender, age, and race sometimes surface in contested judicial elections. He is gratified to have avoided the fate of some of his colleagues in other jurisdictions in the November elections.

positive chord for both sides, summoning the acute need for national unity and reconciliation. The real problem will remain with Congress, which is composed of some on the extreme left who want nothing to do with some on the extreme right, and vice a versa. Those types cannot be appeased, rues Judge Battista, and only time will tell how well President Biden will succeed as a peacemaker.

Time permitted Judge Battista to wax a little bit about destiny and legacy. He was destined to become a judge.

He is exceptionally happy executing his job. Needless to say, he wants to be remembered as someone who was fair, treated the litigants courteously, and did his best to get the right decision. Naturally, the losers will not think his decision was right. That does not bother him; no doubt that is his fighter instinct. Indeed, both sides in a family law case tend to be unhappy with the judge no matter how hard he or she tries to emulate the Godgiven wisdom of King Solomon.

Judge Battista’s preferences:

As for legacy, I referenced the now famous 60 Minutes interview of Tom Brady and his view of his multiple Super Bowl rings; the quarterback described them as less than fulfilling. Having accomplished a career dream, Andrew Battista shirked off any Brady-like syndrome. He gives thanks to the Almighty not only for his selection to the bench, but for his wife, his extended family, his career, his children, and especially the recent arrival of his first grandchild.

It was fitting that the interview with this “peaceful fighter” would end on a note about the national desirability of outmatching congressional resistance with calm presidential demeanor.

Favorite movie: The Big Lebowski Favorite ice cream flavor: coconut gelato Favorite musical artist: Little Feat Favorite team: the Terps Favorite restaurant: Sammy’s Trattoria Favorite book: To Kill a Mockingbird Travel destination on his bucket list: Costa Rica Pet peeve: rudeness Station on his car radio right now: WTMD or 105.7 Deceased judge he misses the most: Judge Ciccone Famous person he’d most like to meet: Abraham Lincoln Guilty pleasure: Jack Daniels and ginger ale

Finally, I asked His Honor to pretend that he was the one and only confidant and speechwriter for a hypothetical incoming United States President, following all of the unrest of 2020. What would he say that could moderate the extreme groups to come toward the middle? Judge Battista felt, as it turned out, the actual incoming President did a great job of striking a THE ADVOCATE

Page 17

February 2021

MARYLAND GENERAL ASSEMBLY SESSION 2021

By Thomas Tompsett, Jr.

The Maryland General Assembly reconvened on “buckets.” The Senate President promises a “robust January 13th for what they hope will be a ninety-day package” on the following: session.

However, the session has a distinctly 1. Coronavirus response. This will focus on different look and feel in both the Senate and House, economics, education, and housing stability. thanks to the ongoing COVID-19 pandemic. As The State will be looking to the Federal highlighted below, the Senate and House implemented Government for financial assistance to help two distinct reopening approaches to the session address these complex issues; because of their respective sizes.

2. Law Enforcement Reform;

3. Racial Equity & Inclusion, which will include environmental justice, generational wealth creation, and the eradication of health care disparities; and

The Maryland Senate Maryland Senate President Bill Ferguson (D Baltimore City) has established rules and guidelines for how his chamber will approach the 2021 legislative session in the shadow of COVID-19. The Senate President’s plan represents a dramatic departure from the Senate chamber’s normal operations. Some of the plan elements resemble restrictions put in place during the closing days of the 2020 session as Maryland’s infection rate increased exponentially.

4. The Budget, which will serve as the umbrella and catch-all for the above.

Finally, there are some changes to notes to the Senate’s composition. The most notable absence from the Senate will be that of Senate President Emeritus Thomas V. Mike Miller Jr. (D - Prince George's, Charles and Calvert Counties), who was the longest-serving state Senate President in Maryland history ― and in the United States – holding that position from 1987 until 2019. Miller announced his retirement just before the start of the 2021 session due to an ongoing battle with prostate cancer, a battle he lost on January 15th at the age of 78. Former Delegate, now Senator, Michael Jackson, has been tapped to succeed Miller

The Senate will operate in one of three stages, depending on the extent of coronavirus infection among lawmakers and staff. Stage 3 is the most “normal” of the three stages. The Senate will be in Stage 3 when there is little or no virus activity in the State House complex. The chart below captures each stage and its impact on Senate Operations, Committee Operations, and general activities in and around the The Senate Minority Leadership also looks different Miller Senate Office Building. this session. After six years, Senator J.B. Jennings (R - Harford and Baltimore Counties) and Senator Stephen Hershey (R - Kent, Queen Anne's, Cecil, & Caroline Counties) have stepped down as minority leader and minority whip, respectively. The Senate Republican Caucus, in turn, elected Senator Bryan Simonaire (R - Anne Arundel County) as a minority leader and Senator Michael Hough (R – Frederick & Carroll Counties) as a minority whip. The new minority leadership expects to take a more aggressive stand on the Senate floor in debating and attempting to amend bills.

The Maryland House of Delegates The House is the largest legislative body that operates in the State of Maryland. Because of COVID-19, the House instituted both policy changes and rule changes in the hopes of protecting its members, their staff, and Senate President Ferguson has indicated that the constituents. Some of the changes include: Senate's legislative priorities will fall into four THE ADVOCATE

Page 18

February 2021

MARYLAND GENERAL ASSEMBLY SESSION 2021

By Thomas Tompsett, Jr.

•

The House still meets as one body, but simultaneously in two locations on campus.

Seventy House members sit in Rooms 170-180 in the House Office Building as the “Chamber Annex,” where the proceedings are live-streamed, • in real-time into the annex. Members sitting in the Chamber Annex can vote, offer amendments, and debate legislation in real-time as well.

Meetings Act; however, all subcommittee meetings will be live-streamed through the MGA website as well as committee voting sessions.

The State House will be closed to the public for the legislative session to prevent large crowds from congregating inside. Outdoor rallies will still be permitted if socially distanced and masked, based on City of Annapolis guidelines.

•

The full body does not meet for more than two hours without a break to allow the Chamber and • the Chamber Annex to be thoroughly cleaned and sanitized and give members a reprieve.

•

All House proceedings will be live-streamed.

•

Only members and essential staff are permitted in the Chamber and Chamber Annex.

As for House priority legislation, Speaker of the House Adrienne Jones (D – Baltimore County) To be able to manage the House’s workflow better: has introduced the 2021 Racial and Economic - The Bill Request Guarantee deadline was Justice Agenda, a comprehensive legislative moved up to January 19th. A bill introduced by package dedicated to closing race-based economic this date is guaranteed a committee hearing in and health gaps for minority communities. The the chamber of origin. agenda makes thirty policy recommendations, including nine pieces of legislation, in five key - The Hopper deadline will also be moved up areas: housing, corporate management, banking, to the close of business on February 5th. This health, business, and government. refers to a House member filing a bill with the Chief Clerk of the House for introduction.

Legislation & the Practice of Law The House will more than likely not be on the The modified session described above has not floor daily for the first third of the session nor resulted in a decrease in the number of bills Monday nights until March. proposed. The Senate and House combined to introduce 800 pre-filed pieces of legislation and House Committees will operate entirely virtually. have padded that number on a daily basis since All committees will provide at least 48-hour the start of the session. Let’s take a minute to member and public notice as to which bills will be review some of the bills that may impact the heard during which time slot on which day via the actual practice of law or how you run your MGA website. practice: The public will upload written testimony and • Senate Bill 486/House Bill 581: Labor and submit it online. Members of the relevant Employment - Employment Standards committee will be able to access the written During an Emergency (Maryland Essential testimony for each bill through their floor system.

Workers' Protection Act) The testimony file for each bill will be posted on Specifically including “lawyers and law the MGA website after a bill is voted out of the firms” in the definition of essential employers, relevant standing committee. Any bill file not up this emergency legislation requires, among on the website by Sine Die will be publicly things, that an essential employer during an released after the session. emergency provide working conditions that Online testimony sign-up will also be through the “reduce physical harm and mental distress and MGA website. Each Committee Chair will provide detriment and ensure physical health and time slots per bill for members of the public to sign safety.”

The bill requires employers to up the day before the bill is scheduled to be heard. provide necessary personal protective equipment and follow all federal and state Subcommittees do not fall under the Open

•

•

•

•

•

•

•

THE ADVOCATE

Page 19

The House Office Building will be open for limited meetings by appointment only to avoid unnecessary crowding in hallways. Any meeting guests will have to be escorted to and from the main entrance to the House Office Building and the delegate’s office.

February 2021

MARYLAND GENERAL ASSEMBLY SESSION 2021

By Thomas Tompsett, Jr.

health and safety protocols. Finally, an essential employer shall provide “hazard pay for each pay period that the essential worker works. . .of $3.00 per hour[.]”. While the bill states in its enabling language that it only applies prospectively as to hazard pay, the plain language of the bill states that “an essential worker is eligible for hazard pay dating back to the start of the emergency.”

•

Senate Bill 210/House Bill 508: COVID-19 • Claim - Civil Immunity A “COVID-19 claim” is a claim or cause of action for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to the exposure or potential exposure to COVID-19 or to conduct intended to reduce transmission of COVID-19. This bill provides immunity from civil liability for claims related to COVID-19 for all business and government entities who follow applicable federal, state, and local statutes, rules, regulations, executive orders, and agency orders related to COVID19, so long as the person’s actions do not amount to gross negligence or intentional wrongdoing. An isolated, minor deviation from strict compliance with COVID-19 rules and regulations does not deny a person this immunity if the deviation is not related to the • plaintiff’s injuries. If passed, the bill will take effect July 1, 2021, and applies retroactively to affect any claim arising between March 5, 2020, and 180 days after the expiration or rescission of the Governor’s proclamation of March 5, 2020, “Declaration of State of Emergency and Existence of Catastrophic Health Emergency – COVID-19.”

•

Senate Bill 295: Circuit Court Judges – • Election This bill proposes a constitutional amendment where, if passed, any vacancy in a circuit court judgeship must be filled in a similar manner as a vacancy on the Court of Appeals or Court of Special Appeals. Thus, circuit court judges must be selected by gubernatorial appointment, subject to confirmation by the Senate, followed by approval or rejection via retention election by the voters.

- House Bill 35: Judges – Selection

THE ADVOCATE

Page 20

and Retention is similar to Senate Bill 295 described above; however, a notable distinction in this constitutional amendment is that a circuit judge’s term is reduced from 15 years to 12 years and a judge’s term on the Court of Appeals and Special Appeals is increased from 10 years to 12 years.

House Bill 326: Clerks of the Courts - Case Management System - Information on Judge or Magistrate This bill requires the clerk of a court, including a clerk of the District Court, when providing case information for the case management system of the relevant court, to include the name of the judge or magistrate who (1) after a hearing is held, presided over the hearing or (2) took judicial action, including granting a motion, issuing a summons or warrant, or entering a judgment. The Administrative Office of the Courts must include this information when publishing case information for the Maryland Judiciary Case Search. The bill has a prospective application and only affects information for an active case entered into Case Search after the bill’s October 1, 2021, effective date.

House Bill 268: Criminal Trials - Spousal Privilege – Exception

House Bill 268 establishes that the spouse of a person on trial for a crime may be compelled to testify as an adverse witness if the person on trial and the spouse married after the date on which the alleged crime for which the person is on trial occurred.

Senate Bill 363/House Bill 227: Courts – Improperly Summoning a Police Officer – Civil Liability This bill authorizes a plaintiff to bring a civil cause of action for damages against a defendant who knowingly causes a police officer to arrive at a location to contact the plaintiff with the intent to (1) infringe on the plaintiff’s state or federal constitutional rights; (2) unlawfully discriminate against the plaintiff; (3) cause the plaintiff to feel harassed, humiliated, or embarrassed or be expelled from a place the plaintiff is lawfully entitled to be; February 2021

MARYLAND GENERAL ASSEMBLY SESSION 2021

By Thomas Tompsett, Jr.

or (4) damage the plaintiff’s reputation or • standing within the community or financial, economic, consumer, or business prospects or interests. A plaintiff entitled to bring the civil action may recover (1) the greater of economic and non-economic damages, including damages for emotional distress, or statutory damages of $10,000 against each defendant found liable and (2) punitive damages. The sponsors plan to introduce an amendment that would carve out calls for • service related to domestic violence.

•

Senate Bill 232/House Bill 478: Civil Cases – Surcharges This bill increases the surcharge that is applied to specified civil filings in the Circuit and District Courts. Specifically, the maximum authorized surcharge for civil cases filed in the circuit courts increases from $55 to $75; in the District Court, the maximum authorized surcharge increases from $8 to $13 for summary ejectment cases and from $18 to $24 for all other civil cases. The bill also prohibits a court or landlord from passing on the surcharge for a summary ejectment case to a tenant. Money from the surcharge affected by the bill is deposited into the Maryland Legal Services Corporation (MLSC) Fund, which is used to finance civil legal services to indigent clients.

•

House Bill 31: Courts – Surcharges and Payment to Rental Assistance Programs This bill also increases the surcharge that is applied to specified civil filings in the Circuit and District Courts. Specifically, the maximum authorized surcharge for civil cases filed in the circuit courts increases from $55 to $85. Summary ejectment filings are increased from $8 to $68, which may not be passed on to the tenant. Money from the surcharge affected by the bill is deposited equally into the Maryland Legal Services Corporation (MLSC) Fund and directed towards rental assistance programs in the state.

THE ADVOCATE

Page 21

Senate Bill 530: Landlord and Tenant Eviction Actions - Filing Surcharge and Prohibited Lease Provisions Introduced on behalf of Maryland Attorney General Brian Frosh, the bill seeks to increase the failure to pay rent filing fee from $15 to $120 per case. Further, should the landlord prevail in the failure to pay rent matter, the court may not award or assign the filing fee to the tenant as a court cost or fee.

Senate Bill 154/House Bill 18: Landlord and Tenant – Eviction Action – Right to Counsel The bill establishes a right to legal representation in eviction proceedings for tenants whose median incomes are not greater than 50% of the state's median income as determined by the United States Department of Health and Human Service. The bill creates a “Right to Counsel in Eviction Fund,” which will consist of funds appropriated in the State’s budget and from “any other money from any other source accepted for the benefit of the fund."

Virtual Stated Meeting Of the BCBA Thursday, February 18 4:30pm CLICK HERE to register to join the meeting

February 2021

LESSONS FROM THE LAST FORECLOSURE CRISIS

By Amy P. Hennen

Economists and lay-people can agree that we are facing a looming foreclosure crisis. In many ways this crisis will look different when compared to the 2008 foreclosure crisis. However, with little effort, we can guess at what may be ahead.

The effects will last a long time The ripple effects from the 2008 crisis could be seen for years. The housing boom of the early 2000s lead to record high foreclosures for years. The Home Affordable Modification Program (HAMP) was implemented in 2012 because the foreclosure crisis was still impacting homeowners and families four years after the crisis began. The HAMP program didn’t end until 2016. Even then, homeowner advocates felt like it was still needed even after it was phased out. That may signal the lasting impact we will see with the up-coming crisis.

resources. A tidal wave of foreclosures will effectively be a massive wealth transfer from these individuals. A home is often the biggest asset of any family. Once these individuals lose these assets, that will end any hope for intergenerational wealth transfer and the ability to prevent intergenerational transfer of poverty.

Early action is critical and difficult One of the biggest lessons from the last crisis was that the sooner we act, the greater the impact.

However, this can be the hard to achieve. During the last crisis, homeowners struggling to make mortgage payments often waited to seek help. They did not know their financial situation would not improve and that early intervention with the help of a housing counselor, an attorney, or both was the best options.

Currently many banks are still offering forebearance and deferment options. Even if those options are not workable, speaking with a housing counselor may help. The more attorneys can do to inform friends, neighbors, and clients that more options exist, the sooner homeowners might seek the help they need.

Separately, the long-term consequences of the foreclosure crisis were acutely felt in Maryland.

Maryland has consistently seen one of the highest rates of foreclosure, generally ranking 3rd or 4th in the nation year over year. This suggests Maryland may see harsh consequences of the looming crisis.

Volunteers will be needed

Those among us with the fewest resources will be the More than any other lesson, the last foreclosure hardest hit crisis taught us was that there are not enough legal Currently, it’s estimated that 10% of FHA mortgages services attorneys to meet the needs of every person are in default. The only reason we haven’t seen a eligible for and seeking free assistance with wave of foreclosures is due to the current foreclosure. Volunteers helped bridge that gap and moratoriums. The moratoriums are critical to volunteers will be needed again. Currently it’s hard preventing our current public health crisis from to plan how to enlist, train, and support volunteers worsening, but they are also the only thing holding for a title wave that we know is coming, but is not back the flood of foreclosures. During the last crisis here yet. However, we know that attorneys will be subprime borrowers were often lower-income with needed to advise about loss mitigation options, bad credit. Borrowers in this position often came from negotiate with servicers, and represent borrowers at economically depressed areas with lower access to mediation. If attorneys are ready to assist by seeking credit. We know that lower-wage retail and restaurant training and resources, the better prepared we will all workers are among the hardest hit during our current be. Anyone seeking to volunteer and find current crisis. Without significant federal intervention, these resources can learn more at www.mvlslaw.org. homeowners currently financially recover.

in

default

many

never

- Amy Hennen, Director of Advocacy and Financial The impact will also last longer on those with the least Stabilization at Maryland Volunteer Lawyers Service THE ADVOCATE

Page 22

February 2021

THE PROFESSIONAL LAWYER AND CONTINUING EDUCATION

By Michael S. Barranco

We have so many demands on our time. Caseloads and client obligations. Court appearances. Endless phone calls and meetings. Managing a law practice and an office. Firm responsibilities. Marketing. Bar Association committee activities. Pro bono projects.

Family obligations. Spending quality time with our children or helping with the care of elderly parents.

Running a household. Paying the bills. Finding time for physical fitness and wellness. Squeezing in a little time now and then if we are lucky for a hobby or relaxation. So, with all that, who has time for anything more? We went to law school to learn the law. We have a JD degree and passed the bar. We have learned through on-the-job experience, so why bother with continuing education?

Competence. RPC 19-301.1 Let’s face it, no matter how experienced and competent we may be, or think we are, is there anyone who can honestly say that they wouldn’t benefit by a refresher course every now and then to keep up with changes in the law and changes in the practice of law? It seems to me that the books that contain the court rules, statutes and regulations have grown thicker and multiplied in volume over the years, with countless changes. Case law constantly evolves.

Whole new areas of law exist that didn’t exist when I was in law school. Specialization is more the rule than the exception. The pace of change in technological, medical and scientific advancements has accelerated, and with it the development of law affecting all aspects of modern life. Society also evolves and changes, and with it the law. As we are all now aware, with little advance warning our entire world, including the way we must practice law, was changed dramatically by the global pandemic. Can we rely on our law school education alone to stay competent without doing more to keep up with the times?

Marketing and practice diversification. Looking to grow your practice and attract clients? Bored with the monotony of doing the same thing over and over?

Continuing education may expose you to new avenues in your practice, new passions and interests and new economic opportunities. Even with the limitations of THE ADVOCATE

the pandemic, there are increased networking opportunities and collegial social opportunities when you interact with other legal practitioners. How can it hurt to enhance your credentials?

So, if we need and want it (that is continuing education), how do we get it? Fortunately, we need not look far and wide. We can start right at home.

Virtually every month, BCBA Committees present numerous high-quality programs on a multitude of topics at little to no cost, presented remotely to your office or the comfort of your family room via Zoom.

What can be better than supporting your bar association and learning something new at the same time? Similarly, the MSBA through both its CLE department and many Sections and Committees provides a full menu of programs. In fact, nearly all of the MSBA’s online CLE portfolio has been offered free to the profession during the pandemic.

Many pro bono legal service organizations provide training and education to volunteer lawyers. Some firms offer continuing education to their lawyers and clients. In fact, teaching and presenting a program to other lawyers or non-lawyers can be both highly rewarding from the standpoint of personal satisfaction as well as client development. It seems that there are as many ways to be educated as there are educational subjects.

Personal development.

Does the concept of continuing education have to be limited to just keeping up with new legal developments? Could we all benefit by learning more about the broader issues affecting our profession and society, such as implicit bias and the need for diversity and inclusion? Can we learn more about ourselves? Funny you should ask.

The Professionalism Committee and the Diversity and Inclusion Committee of the BCBA and the MSBA are jointly sponsoring two programs on this very topic of implicit bias on February 11 & 25. Check the bar calendar and Advocate fliers for more information and hope to see you there.

Page 23

February 2021

TOP 10 REASONS TO MEDIATE ANY DISPUTE

By Ceecee Paizs

1.

LESS EXPENSIVE: Disputes can be resolved in many ways: through conversation between the disputants, conversations between attorneys for the disputants; four-way conversations between the disputants and their counsel; mediation; collaboration and/or litigation. Each process, other than conversation between the parties themselves, involves a cost. The mediation process is generally shorter and more efficient than other adversarialbased processes, and therefore, involves lower fees overall.

2.

Less adversarial: Even in discussions between the parties themselves, conversations can be adversarial and less result oriented. In four-way settlement discussions involving the parties and his/ her/their counsel, an attorney’s role is to represent his/her/their client zealously, which can place greater weight on results that are not palatable to the other party(ies). Mediation provides a neutral person who is trained to facilitate the most difficult conversations with an eye towards potential options that can lead to a resolution that would work for all participants. The mediation process allows the mediator to control the process and steer it towards less confrontational conversations where development of common interests and options is more likely.

5.

Flexibility: The mediation process can occur at any point in the resolution process, including before the litigation process is initiated. The earlier the process occurs, the less likely that the parties and/or his/her/their counsel might become entrenched in “his/her/their positions.” Further, the mediation process can be tailored to meet the schedules of the participants and counsel, more so than the litigated process.

6.

More clarity: When participants determine the terms of his/her/their agreement, he/she/they can define and clarify those terms so that everyone understands what is meant by each term, and how that term would operate in the future. Clarity is important for the participants so that he/she/they can understand the impact of the terms that they are agreeing to, and when the attorneys and court systems are no longer involved, he/she/they can follow the terms set out by his/her/their own hands without a new dispute arising.

7.

More in a party’s control: Mediation allows the participants to control the outcome of the resolution process, rather than having third parties such as magistrates and/or judges make the determination. While the mediator controls the process, the ultimate agreements, even an agreement to disagree, are controlled by the parties themselves.

3.

More options: The participants can include This can include resolutions/options that a court could terms that are not available through a litigated not consider, and which may only be important to the process, such as an apology, or an agreement to take parties themselves. an action that is not available through the legal 8.

Confidential: The mediation process is process. This can allow for the resolution of issues confidential, and any options discussed, even if that are important to the parties but may not be part tentatively agreed to in mediation, cannot be used of the litigated process or even party of the state outside of the mediation process until a term sheet dispute. and/or agreement and/or other document containing 4.

Saves time: Rather than waiting weeks, months, and sometimes even years, the mediation process can occur early and result in agreements and narrowing of issues within a short period of time.

This saves the participants time by having answers now instead of later. The parties can also save emotional energy and have less disruptions in his/her/ their lives by having the matter resolved through mediation.

THE ADVOCATE

the terms is signed by the parties. The mediator cannot be subpoenaed into court nor can the mediator’s file contents. This allows for a more open conversation between the participants which can lead to a resolution that benefits all participants.

9.

Cooperation: The mediation process is built on the concept of cooperation of the parties and his/ her/their counsel during the process. Full disclosure is

Page 24

February 2021

TOP 10 REASONS TO MEDIATE ANY DISPUTE

By Ceecee Paizs

part of the mediation agreement for that reason. The process begins with the sharing of each participant’s goals and priorities and allows the parties to express him/herself/themselves on each issue raised. In mediation, the parties are encouraged to seek common interests when working towards a resolution.

10.

Improves communication: Mediation is about communication, seeking to assist each party to state his/her/their needs and goals in a safe environment.

The process seeks to have participants adjust his/her/ their communication processes to allow for consideration of common interests and options for meeting those common interests. It allows for each person to be empowered to state his/her/their issues, both direct and underlying, allowing for greater sharing of information and a more cooperative resolution process.

Hopefully, mediation can demonstrate to the participants how discussions between the parties about issues can be resolved more satisfactory in the future without the intervention of third parties.

Ceecee Paizs provides mediation services and mediation trainings through The Mediation Center, which can be found at www.agreeonit.com

THE ADVOCATE

Page 25

February 2021

MVLS EXPANDS HUMAN TRAFFICKING PREVENTION PROJECT

THE ADVOCATE

Page 26

February 2021

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 now so please renew. If you are considering joining Lawyer Referral for the first time and have any questions, contact LRIS Coordinator, Jacob Bengel at jbengel@bcba.org. All current panel members should have received the new application via email. Remember...You can join or renew at any time!

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.

THE ADVOCATE

Page 27

February 2021

THE ADVOCATE

Page 28

February 2021

2021 LAW DAY THEME ANNOUNCED

WELCOME NEW BCBA MEMBERS! Law Students Sara Raab 1st Year Hannah Ellis

Laura Bacon Marcus Barahona Paul Rodriguez 2-5 Year Attorneys: Angela Snyder Saad Malik 6+ Years Attorneys: Cliff Boan Government/Non-Profit Patricia DeMaio

The theme for Law Day 2021 is Advancing the

Rule of Law Now 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.

The BCBA will hold Law Day ceremonies on Monday, May 3.

The MSBA, in accordance with its Bylaws and Policy Manual, is now accepting petitions for the THREE upcoming Class I - District Governor vacancies for Baltimore County. The terms for the vacancies begin at the June 2021 Legal Summit & Annual meeting and conclude at the June 2023 Legal Summit & Annual Meeting. Any MSBA member whose primary address falls within the District, and whose nomination is supported by at least ten (10) MSBA members from that District or the governing body of a local bar association within the District, may submit a petition for a vacancy. Petitions must be submitted through the electronic portal at https://www.msba.org/ bog-nominations/ by 5:00pm on February 12, 2021.

To the extent the MSBA receives more petitions than available vacancies in any given District, an election will be held for that District. Nominees will be notified by email if an election is needed. Nominees will also receive any and all instructions for the election by email, and are solely responsible for completing any actions items and meeting any deadlines outlined in the instructions.

If you have any questions about the petition process, please contact Theresa Michael at Theresa@msba.org.

THE ADVOCATE

Page 29

February 2021

THE ADVOCATE

Page 30

February 2021

THE ADVOCATE

Page 31

February 2021

THE ADVOCATE

Page 32

February 2021

YOUR AD COULD BE HERE! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9103 for advertising rates

THE ADVOCATE

Page 33

February 2021

THE ADVOCATE

Page 34

February 2021

THE ADVOCATE

Page 35

February 2021

THE ADVOCATE

Page 36

February 2021

THE ADVOCATE

Page 37

February 2021

THE ADVOCATE

Page 38

February 2021

THE ADVOCATE

Page 39

February 2021

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 TIMONIUM – Sublease available for Class A office space, 1-3 furnished offices, close proximity to I-83, spacious conference room, kitchen, ample parking, deli and fine dining restaurant on premises. Contact info@vallitadvisors.com if interested.

TOWSON. Towson-first floor office space and parking available a block from circuit court. 402 West Pennsylvania Ave. Contact Carl Gold cgold@carlgoldlaw.com or 410-337-5545.

TOWSON. Set of Maryland Reporter, Volumes 1-875 (2005) available for free. Call Neil at (443) 632-9060.

CATONSVILLE. Office space available; 1007 Frederick Road; one to four rooms. Prime location along Frederick Road with signage. Call 410-744-3256

TOWSON. 2536.

Nicely furnished office space with parking, half block from circuit court. Pete McDowell 410-960-

TOWSON. Furnished office available in beautifully appointed suite in the heart of Towson. Use of conference room and other amenities. Contact Susan at 410-583-7007.

TOWSON. Small firm in Towson looking for an experienced part-time legal assistant/secretary two to three days a week. Any experienced candidates should contact Robert Jacobson at 410-583-8883.

TOWSON. 303 W. Pennsylvania Avenue, Towson across Bosley Avenue from the Circuit Court Building, three offices with bathroom on the second floor, 3rd floor four offices available, conference room, bathroom and kitchen on first floor, free parking space available, rent negotiable $50 to $100 less than comparable spaces. $400-$500 per office, great satellite office with possibility of overflow work. Contact Joe Glass at 410-823-4214 or 410-790-1980.

CATONSVILLE. Office Space for Rent. Catonsville, 1002 Frederick Road, 2nd floor office. Private entrance, semi private restroom, use of conference room and kitchen on first floor. Free parking. Would be a great satellite office.

Please contact Lou Weinkam, Jr. at 410-744-3256 ext. 103.

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.

THE ADVOCATE

Page 40

February 2021