THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVIII, NO. 7
January 2019
PRESIDENT’S MESSAGE by Rebecca A. Fleming For the Baltimore County Bar Association, the New Year brings The Annual Black Tie Event. Yes, my friends, it is prom season. This year The Prom will be a little different. Hopefully you have all noticed that the location is different. This year The Prom will be held at Martin’s Valley Mansion in Cockeysville. There will be complimentary valet parking. In addition, there will be an Uber discount available to anyone attending our event. I encourage everyone to celebrate responsibly. Perhaps the most noticeable difference will be that there will not be a speaker at the event. We will still present the rest of the program, but we will not have a speaker. Each year it is very difficult to get everyone to sit, and then we have trouble getting everyone to stop talking to listen. I considered this to be a clear indication from our members that they do not want to listen to a speaker at The Prom. For the past
several years I have sat at the back of the room at The Prom and I have noticed how many people do not listen to the speaker and who seem to prefer to socialize with the rest of the people at their table, and at the tables that surround them. It seems clear to me that our members would rather spend time catching up with their table mates than listening to a speaker. This is not a decision of the Executive Council to stop inviting a speaker to The Prom. This is a decision made by this President, for this Prom, that there will be no speaker in this particular year. I do not know what the coming years will bring, but for this year, please enjoy the conversation that you would have had anyway, even if there was a speaker. While I was considering whether or not I would invite someone to speak, I started to ask members why we have a speaker.
Inside This Edition Bench/Bar Update Calendar of Events Civil Law Update Committee News County Council Update Court Notices Criminal Law Update District Ct Assignments Family Law Dinner Holiday Party Judge Howe Portrait Member Ads Portrait Committee Professionalism Save the Date flyer Young Lawyer Lunch
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January 2019
PRESIDENT’S MESSAGE by Rebecca A. Fleming I have spent the past year posing that question to various members. You may be one of those people. Invariably, the response was “that’s a good question,” “I don’t’ know,” or “because we always have.” I am committed to looking at this association and assessing that which we do well, and that which we can improve upon. The world is changing around and us, and being able to adapt is what will keep our association relevant to our members. As we spend more time looking at screens, and communicating electronically rather than personally, the time that we spend face-to-face becomes that much more important. I am hoping everyone will appreciate having more time to personally interact with their peers at The Prom this year. I was made very aware of the replacement of personal interaction with screens while I was visiting my family in November. While I was on Long Island for Thanksgiving I was running errands with my mother and we ended up in Target with two items to purchase. As we walked toward the registers, I pointed out to her that we could just use the self check-out lane. My mother bristled and said she would not do that. This is a woman who still carries around cash in bank envelopes and refuses to use a credit or debit card, so I asked her why, expecting her to tell me that she likes what she is used to. Instead she told me that she will not use “those lanes” because they are taking jobs away from someone.
They have evolved into spaces where people search for, and locate, attorneys; space where people connect professionally, to locate providers of services and to advertise services. I admit that I do not know how to fully maximize the benefits of all of those social media outlets to expand my practice, but I am committed to exploring those outlets in the coming year. Websites that offer low-cost legal document creation has also impacted the legal profession. In 2015 the Maryland Lawyers’ Rules of Professional Conduct and the Maryland Rules of Civil Procedure were amended to allow attorneys to enter their appearance in cases for limited purposes. I have heard many attorneys scoff at the idea of limited scope representation, even though limited scope is intended, in part, to minimize the impact of those websites on the legal profession. There is no doubt that attorneys are losing business to those websites. Are you taking steps to limit the impact those websites may have on your business? Are you offering limited scope representation services to clients? When was the last time you looked at the services that you offer and how you can change the price structure or delivery of those services? The New Year is a good time to ask ourselves these questions; to evaluate what we did last year, and to consider that which we may do differently this year to improve our profession and our practice.
That had never occurred to me. So much of what has made our lives convenient has involved replacing people with technology. This has had an impact on the legal profession, both in terms of how we develop our practice and how we deliver services.
Rebecca A. Fleming, Esquire BCBA President, 2018-2019
LinkedIn, Facebook and Twitter have become marketing tools. A few short years ago, social media was a space where people connected socially, looking for love or pictures of friends. THE ADVOCATE
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January 2019
C ALENDAR
2018-19 Officers President Pres-Elect Secretary Treasurer
OF
E VENTS
Rebecca A. Fleming Michael W. Siri Jay D. Miller Stanford G. Gann, Jr.
January 2019
Executive Council John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki
Adam T. Sampson, Immediate Past President Craig R. Borchers, Young Lawyers Chair
1. 8. 9. 9. 10. 21. 22.
The Advocate Ari J. Kodeck Committee Chair Adam E. Konstas Committee Vice -Chair
Contributing Writers Michael Barranco Craig R. Borchers Thomas Bostwick Suzanne K. Farace Bruce E. Friedman Ceecee Paisz Aidan F. Smith Carolyn Thaler Alexander Walsh Martha K. White Matt Wyman
The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law. Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed. The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate. Publication deadline: 10th of the month preceding publication.
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22. 23. 28. 29. 30. 31.
Courts and Bar Office Closed Family Law, 12pm, Grand Jury Room, ACES Test of Effects of Trauma MDEC Training, 4pm, Circuit Court, Courtroom TBD Lawyer in the Lobby Clinic, 4:30 —6:30 p.m. Bench/Bar Committee Meeting, 8am, 4th floor Judicial Conference Room Courts and Bar Office Closed Estates & Trusts, 5pm, Grand Jury Room, Ethical Consideration in the Representation of Clients with Diminished Capacity Professionalism Committee Meeting, 5pm, Levin & Gann, 502 Washington Ave, Towson Young Lawyers, 5pm, Grand Jury Room, Growing Your Practice MDEC Registration, 9am —3:30pm, Circuit Court Law Library MDEC Registration, 9am —3:30pm, Essex District Court MDEC Registration, 9am —3:30pm, Catonsville District Court 97th Black Tie Banquet, 6pm, Martin’s Valley Mansion , 594 Cranbrook Rd, Cockeysville
February 2019 5. 5. 7. 13. 14. 14. 14. 18. 19. 19. 20. 27. 28.
CLE, 5pm, Grand Jury Room, How to Build a $1 Million Practice Pro Bono Committee Meeting, 5 pm, Women’s Law Center, 305 W. Chesapeake Ave, Towson Criminal Law, 5pm, Grand Jury Room, 4th Amendment Lawyer in the Lobby Clinic, 4:30 —6:30 p.m. Bench/Bar Meeing, 8am, Courtroom #15 Bar Foundation Meeting, 3:30 p.m., Ceremonial Courtroom #5 Stated Meeting, 4:30, Ceremonial Courtroom #5 Courts and Bar Office Closed Estates & Trusts, 5pm, Grand Jury Room, Fiduciary Responsibility Family Law, 6pm, Liberatore’s, 9515 Deereco Rd, Timonium, Collecting on Judgements Historical Committee Meeting ADR, 12-2pm, Baltimore City, Mediation Styles Young Lawyers Happy Hour, 5pm, The Point
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January 2019
COURT NOTICES
There will be multiple MDEC Registrations Fairs offered in Baltimore County to any attorneys who have not yet registered for electronic filing. The Registration Fairs are as follows: Monday, January 28, 2019, 9:00 a.m.—3:30 p.m. in the Circuit Court Law Library Tuesday, January 29, 2019, 9:00 a.m.—3:30 p.m. at Essex District Court
There will be an MDEC Go-Live Presentation offered by Chief Judge John P. Morrissey of the District Court of MD. The training will be held on Wednesday, January 9th at 4:00 p.m. in the Circuit Court for Baltimore County. Due to space availability, registration is required. Please visit our website at www.bcba.org to register or CLICK HERE.
Wednesday, January 30, 9:00 a.m.—3:30 p.m. at Catonsville District Court. THE ADVOCATE
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January 2019
NOTICE TO FAMILY LAW BAR
MDEC TOWN HALL MEETINGS FOR CIRCUIT COURT
By Hon. Ruth Ann Jakubowski If you have an uncontested divorce case that is already set for a Scheduling Conference, the uncontested divorce hearing can take place at the time of the Scheduling Conference and counsel should bring all necessary documentation with them (a proposed Judgment of Absolute Divorce, executed waiver/submission, a completed Blue/ White form and verify that all court costs have been paid). There will be a Civil/Family Law Town Hall Meeting on January 17, 2019 at 8:00 a.m. in court room 2, which will specifically address matters concerning MDEC. In advance of the Town Hall Meeting, attorneys are encouraged to provide any specific areas of concern and/or suggestions for MDEC procedures utilized already by other counties that have been helpful. Please email Tim Sheridan directly with this information: TimSheridan@mdcourts.gov
By Tim Sheridan The members of the Baltimore County Bar Association are invited to meet with the Circuit Court Bench to discuss the rollout of Maryland Electronic Courts in Baltimore County. The Go Live date for electronic filing is Tuesday February 19, 2019. The Bench will give a brief presentation regarding the e-filing rollout and what is expected of the Bar and will entertain questions. Family and Civil case policies, procedures and expectations will be discussed on Thursday January 17, 2019 at 8:00 a.m. in Courtroom #2. Criminal and Juvenile Delinquency cases will be addressed on Wednesday January 23, 2019 at 8:00 a.m. in Courtroom #2. If you have questions you wish to be addressed please email those questions to Tim Sheridan, Court Administrator at Tim.Sheridan@Mdcourts.gov
MDEC FAQ’s
FAQ’s and important information regarding e-filing can be found on the Judiciary’s website: http:// www.mdcourts.gov/mdec/efiling.html
MDEC Policies and Procedures: http://mdcourts.gov/mdec/pdfs/manualh5.pdf
Register and e-file (File and Serve): https://maryland.tylerhost.net/
Register and view cases MDODYSSEYPORTAL
Our vendor (Tyler Technologies) technical support line: 800-297-5377 (Monday through Friday, 8 am – 10 pm)
Maryland Judiciary Service Desk: mdcourts@service-now.com
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remotely
(Secure
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Portal):
https://mdecportal.courts.state.md.us/
January 2019
BENCH/BAR UPDATE by Bruce E. Friedman The third meeting of the Bar year was held on November 8, 2018. Following the call to Order by Chairperson Fred Allentoff, Circuit Court Administrative Judge Kathleen Cox’s written report was presented. She advised that, by the end of the calendar year, she expects Governor Hogan to fill the vacancy created by the retirement of Judge Souder. She also noted that MDEC planning is dominating the activity in the courthouse.
Rebecca Fleming, president of the Bar Association, announced three (3) upcoming Bar events: the wine and whiskey event to be held that night at Maryvale Prep, the annual Memorial Service on November 15th, and the Holiday Party at the Towson Tavern on December 6th (Note: due to inclement weather, the Memorial Service was postponed to December 11th).
Magistrate Wendy Schenker reminded the committee that a new Mutual Consent Divorce law Tim Sheridan, Circuit Court Administrator, advised took effect on October 1, 2018. If the parties have that the ribbon cutting for Patriot Plaza was scheduled no children, then only one party needs to appear. If for November 15, 2018, and that it was to be dedicated there is at least one child, both parties must be to the late Baltimore County Executive, Kevin present to resolve a parenting plan, child support, Kamenetz. He reminded the committee that January etc. Furthermore, child support guidelines must be and February dockets will be reduced as a result of the attached to custody agreements. implementation of MDEC, and stated his expectation that civil dockets will be impacted to a greater degree Laurie Wasserman, Family Law Committee than will criminal. He announced that there will be Chairperson, advised that a custody evaluations three (3) registration fairs for the Bar, to be held on program was scheduled for November 14th at January 28th in the Circuit Court’s library, on the 29th Vito’s in Cockeysville, and that a Domestic at the Essex location of the District Court, and on the Violence program would be held on November 27th. 30th at the Catonsville location. District Court Administrative Judge Dorothy Wilson reported that Rose Day gave an MDEC presentation to the bench recently, and that judges will be traveling to other jurisdictions to see how MDEC is operating at their courthouses. On a sad note, Judge Wilson advised that Judge Stacy Mayer’s father passed away on November 6th. Arrangements were pending.
Young Lawyers Committee Chairperson, Craig Borchers, reported that a “Chambers Chat” was held last week with Judges Cavanaugh and King, and that the Annual holiday lunch will be held on December 5, 2018, from 12-2 in the basement of the Courthouse. In addition, a “Growing Your Practice” seminar will be held on January 23rd.
Under new business, Harry Chase reported that the unveiling ceremony for the portraits of Judges Byrnes and Cavanaugh was very well attended. Judge Howe’s portrait ceremony is scheduled for November 27th, and Judge Levitz’s for December 14th. Portraits of Judges Bollinger, Souder, and Turnbull are underway, and Harry advised that the Julie Ensor, Clerk of the Circuit Court (newly-elected approximate cost per portrait is $4,200.00. to another term in office), shared her hope that, prior to “going live” with MDEC, she will fill a couple of The minutes of the October 11, 2018 meeting were vacancies. She reminded the committee that new e- approved, and the meeting was adjourned at 8:42 The next meeting of the Bench/Bar filing rules require attorneys to include their Client a.m. Protection Fund ID numbers on all documents, and Committee is scheduled for December 13, 2018. advised that attorneys may scan documents at the law library’s eighteen (18) computers. Maria Fields, District Court Administrative Clerk, advised that clerks will begin intensive MDEC training in January, and that dockets are expected to be reduced to 25% of their normal size for at least one (1) week as a result. She asked that attorneys be patient during the implementation process.
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January 2019
COUNTY COUNCIL UPDATE By Thomas Bostwick Greetings! The members of the Baltimore County Council are grateful for the opportunity to update the County Bar on the activities of our County’s legislative body. Your seven member County Council serves as the independent Legislative Branch of County government. The Council meets year-round, generally in bi-monthly Legislative Sessions (held at night) and bi-monthly Work Sessions (held during the day). All proceedings are open to the public, and the Legislative Session is broadcast on BCTV (Comcast & Verizon channel 25). The Council’s Website at www.baltimorecountycouncil.org provides helpful information as well. At its Legislative Session on December 17, 2018, the County Council approved the following measures related to the redevelopment of Sparrows Point: Tradepoint Atlantic, LLC – Public Infrastructure Agreement – Tradepoint Atlantic is home to former steelmaking giant Bethlehem Steel, which employed 30,000 workers at its peak and at one time was the world’s largest iron, steel and tin producer, located on the Sparrows Point peninsula in Dundalk. Steelmaking occurred at the site from 1889 through 2012, when the mill closed. In 2012, Sparrows Point was purchased out of bankruptcy, and in September 2014 Sparrows Point Terminal began rebuilding the site into a state-of-the-art logistics park and multi-modal center for global trade. In January 2016, Sparrows Point Terminal became Tradepoint Atlantic, and shortly thereafter, FedEx Ground became its first major tenant. Almost three years later, there are additional tenants that include Pasha Automotive Services, Harley-Davidson of Baltimore, Access World, Atlantic Forest Products, Lafarge, Under Armour, and Amazon supporting over 3,000 jobs. The
County
Administration,
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including
Administration of former Executive Don Mohler and the new Administration led by County Executive John Olszewski, Jr., requested County Council approval of an Agreement with Tradepoint Atlantic (TPA) for financial assistance in the design and construction of certain infrastructure improvements. The County’s analysis projects that this assistance will support the continued revival and redevelopment of Sparrows Point, enhance the County’s tax base, and promote continued job growth and economic development at the site as well as the County as a whole. The Agreement provides for the County to reimburse TPA up to $78 million for eligible infrastructure improvement costs, including $34 million for road and $44 million for public water and sewer line infrastructure. The scope of the road and water and sewer infrastructure improvements will be described in multi-year construction contracts. The Agreement also requires TPA to provide certain land to the County, at no cost, for public safety facilities and open space. Following a month of vetting the proposed Agreement, including a fiscal and policy analysis of the Agreement by the County Auditor’s staff, the Council voted unanimously to approve the Agreement with Tradepoint. It should be noted that following the initial formal presentation of the Agreement at the December 11th Work Session, the Council raised a number of concerns that became part of the final Agreement, including increasing MBE/WBE participation percentages from 15% to 20%, requiring Tradepoint to report information on wages and benefits for the infrastructure workers on the site, and increasing the amount of land to be donated to 18 acres instead of the previously-agreed 5 acres.
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THE PROFESSIONAL LAWYER—THE PITFALLS OF COMMUNICATING WITH A SELF-REPRESENTED LITIGANT By Suzanne K. Farace We have all had cases where the opposing party in the case, for any number of reasons, is unrepresented. Communications with an unrepresented opposing party in such a case can be concerning and problematic.
or explaining what pleadings or other legal documents need to filed. Any explanation of the factors that a Judge might find important in considering a particular issue must be stated as the attorney's opinion rather than as an authoritative fact.
The comment to Rule 19-204.3 of the Maryland Rules of Professional Conduct, entitled "Dealing with Unrepresented Person", states: "This Rule does not prohibit an attorney from negotiating the terms of a transaction or settling a dispute with an unrepresented person. So long as the attorney has explained that the attorney represents an adverse party and is not representing the person, the attorney may inform the person of the terms on which the attorney's client will enter into an agreement or settle a matter, prepare documents that require the person's signature and explain the attorney's own view of the meaning of the document or the attorney's view of the underlying legal obligations."
Here are some practical tips to consider in your communications with unrepresented opposing parties:
What an attorney cannot do is fail to make it clear that the attorney's loyalty is solely to his or her own client and his or her own client's interests, which are adverse to the unrepresented opposing party. Rule 19-204.3 itself states: "An attorney, in dealing on behalf of a client with a person who is not represented by an attorney, shall not state or imply that the attorney is disinterested. When the attorney knows or reasonably should know that the unrepresented person misunderstands the attorney's role in the matter, the attorney shall make reasonable efforts to correct the misunderstanding." An attorney also needs to be careful not to inadvertently give legal advice to the unrepresented opposing party. Giving legal advice can take many forms, including explaining the definition of legal terms and explaining how to prepare pleadings and/ THE ADVOCATE
1. Always suggest that the unrepresented opposing party consult with and hopefully obtain the services of a lawyer. Two great resources are Baltimore County Bar Association's Lawyer Information and Referral Service (https:// www.bcba.org/community-resources/lawyer-referralprogram/) and Lawyers in the Lobby Program (https://www.bcba.org/volunteer-opportunities/). Having a lawyer on the other side of the case is always, in my opinion, preferable to dealing with a self-represented litigant. 2. If the opposing party has an attorney for some other legal matter (different than the one in which you are involved), then reach out to that attorney. This will allow you to verify that the other attorney does not, in fact, represent their client in your matter, and to also find out if they have any objections to you communicating with their client in your matter. Doing this is critical, I believe, in particular where that other attorney may be representing the opposing party in a criminal case or other high stakes matter. Enlist the attorney's help in setting the ground rules for your future communications with their client. 3. Limit your communications with unrepresented opposing parties to those in writing. By doing so, there is a clear record of the communication and therefore much less room for misinterpretation or misunderstanding. Parties representing themselves are not bound by the same
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COUNTY COUNCIL UPDATE
THE PROFESSIONAL LAWYER… By Suzanne K. Farace
By Thomas Bostwick
code of conduct to which attorneys are bound. It is not uncommon for an unrepresented opposing party to tell the court, either in a pleading or in open court, that you said "XYZ" when you know that you did not say that. If your communications have been in writing, then they speak for themselves as to what was said. Keep your communications straightforward, civil, and to the point.
Bill 95-18 – Tradepoint Atlantic Grant – The Council approved a related supplemental appropriation of private funds from Tradepoint Atlantic totaling $1.5 million. The funds will be used for the management and administration of a $20 million federal Transportation Investment Generating Economic Recovery (TIGER) grant, which will be used to support port upgrades and infrastructure improvements at the Tradepoint Atlantic site in Sparrows Point, and for workforce development activities. The Council previously approved the TIGER grant on November 19, 2018 in Bill 84-18. The TIGER grant requires a $30.5 million match, which Tradepoint Atlantic will provide, and includes this $1.5 million funding commitment to the County.
4. Keep your cool. Dealing with unrepresented opposing parties can be frustrating, time-consuming (and therefore more expensive for your client), and sometimes downright irritating. Particularly in cases where emotions run high, or if there are mental health issues involved, self-represented litigants can be difficult and sometimes even abusive and rude. They tend to take things very personally. They often do not know the court procedures, the legal rules, nor the applicable law. Attorneys, on the other hand, are bound to maintain their civility and objectivity and to keep their personal emotions out of matter. In other words, stay calm, stay civil, and take the high road. 5. Consider your own security, and that of your client. There is always the possibility that an unrepresented opposing party could pose a risk of physical or other harm. This is particularly true where the self-represented opposing party has a history of violence or mental illness. Factor these things in to your dealings with that person, and do not take unnecessary risks. Handling a case with an unrepresented opposing party can be complicated and worrisome. If you are not lucky enough to have a lawyer on the other side of your case, then focus on dealing just with the issues that need to be addressed and on making sure that all communications and dealings with the unrepresented opposing party are fully documented. THE ADVOCATE
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January 2019
YOUNG LAWYERS HOLIDAY LUNCH AND TOY DRIVE By Craig R. Borchers Not deterred by the court closure on its originally scheduled date of December 5, 2018, due to observance of the National Day of Mourning for the late President Bush, the Young Lawyers Section Annual Holiday Luncheon and Toy Drive went off with its usual success the following day, December 6th. Despite the date change, the local legal community - judges, clerks, attorneys, and courthouse staff - came together armed with toys, books, stuffed animals or monetary donations all to support a great cause. CASA of Baltimore County, the recipient of a literal van full of toys, and the $580.00 raised, is certainly deserving of the support. For those not aware, CASA (Court Appointed Special Advocates) of Baltimore County is an organization that provides advocates for children in foster care who have been abused, neglected or abandoned. If you would like to get involved or learn more about their cause, please visit their website casabaltco.org.
generous food donations of local vendors, which this year included Jake's NY Deli, The Point, Towson Tavern, 206 Restaurant Group, CafÊ Troia, Chick-fil -A, 7 West, Casa Mia's of White Marsh, Brown Rice, Lotsa Pizza, Baltimore Soup Co. and Charles Village Pub. The Young Lawyers Section thanks members of the bench and bar, and court employees who attended and helped to make this year’s event successful.
As always, the success of the luncheon is dependent on the efforts of volunteers and the
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January 2019
ANNUAL HOLIDAY PARTY Hustling in from a chilly night and a nice reprieve of the busy workweek, members of the bar and members of the bench came together for the Baltimore County Bar Association’s annual holiday party at Towson Tavern. The atmosphere was jovial and festive, with one executive board member, he will remained unnamed, masquerading as a mobile light show. The food and drink were top notch and conversation light and flowing. Raffles awarded some members with boxes of cheer. As we get ready to raise our glasses to another year, here’s to 2019 being a prosperous and successful year!
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CIVIL LAW UPDATE by Ceecee Paizs generally prohibits a prevailing party from collecting attorney’s fees absent an agreement, rule, statutory provision or limited case law.
Peter Ibru v. Janet Ibru, No. 100, September Term 2017, filed September 27. Opinion by Leahy, Andrea, Judge Review of the Amicus Curiarum for November and December 2018 revealed the following civil cases of interest: THE COURT OF SPECIAL APPEALS: Jason Andrew Poole v. Bureau of Support Enforcement O/B/O Jessie Roebuck, No. 1985, September Term 2016, filed August 28, 2018. Opinion by Battaglia, Lynne, Judge The Bureau of Support Enforcement filed a Petition for Contempt and sought the incarceration of Mr. Poole for failure to comply with a consent order related to payment of child support and arrears in child support. The court determined that Mr. Poole was in contempt and had failed to pay the purge amount and had the present ability to pay the purge amount. Relying on Section 12-103 of the Family Law Article of the Maryland Code, the court awarded the mother attorneys’ fees incurred in pursuit of payment of child support. Mr. Poole appealed, contending that attorney’s fees are not available in a contempt action pursuant to Maryland Rule 15-207. The Court of Special Appeals affirmed, finding that with the passage of the new Family Law Article in 1984, the General Assembly intended to provide for attorney’s fees incurred as a result of the enforcement of a child support order for the necessaries of a minor. Therefore, the provisions of Section 12-103 of the Family Law Article would be an exception to the “American Rule” which THE ADVOCATE
Chief Michael Christopher Ibru died intestate in Maryland. A majority of his $2 billion in assets were in Nigeria where an estate was opened. His daughter, Janet Ibru, had a power of attorney for her father, and as his attorney in fact, while he was still alive, transferred Chief Ibru’s funds into an account that she held jointly with him and upon his death, she became the sole owner of the account. Her brother, Peter Ibru, filed this action seeking an accounting of Janet’s actions and challenging those actions. The circuit court dismissed Peter’s action based on a lack of standing, as the estate case was pending in Nigeria. The Court of Special Appeals reversed, concluding that the assets in question were non-probate assets which were located in Maryland. The question of whether Janet fraudulently obtained and employed the powers of attorney to become the joint owner of those accounts is a question squarely within the scope of the circuit court’s equity jurisdiction and “beyond the jurisdiction of the Orphans’ Court.” Libonati v. Ransom, 664 F. Supp. 2d, 519, 524 (D. Md. 2009) (citing Tribull v. Tribull, 208 Md. 490, 499-500 (1956). Under the Estates and Trust Article, Section 17-103(a), standing was conferred on Peter as Chief Ibru’s descendant, to petition the Circuit Court to review Janet’s actions as Chief Ibru’s agent during his lifetime, and to construe the validity of the powers of attorney that were purportedly executed in Maryland and by their terms, governed by Maryland Law. Further, Chief Ibru’s other descendants were not necessary parties to the underlying action because Peter’s complaint sought
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CIVIL LAW UPDATE by Ceecee Paizs only to (1) declare the validity of the powers of attorney; (2) account for the funds contained in joint accounts as listed in the guardianship inventory, now owned by Janet solely; and (3) review Janet’s actions as a fiduciary and agent. The suit would not affect the rights of Chief Ibru’s other children to inherit Chief Ibru’s estate.
Antonio Ruiz v. Yuko Kinoshita, No. 197, September Term, filed November 2, 2018. Opinion by Leahy, Andrea, Judge. Antonio Ruiz (“Father”) and Yuko Kinoshita (“Mother”) had two children during their marriage. During the marriage, the parties entered into a postnuptial agreement under which Father transferred to Mother his interest in a condo. Mother filed an action for divorce, custody support and other relief in the Circuit Court for Montgomery County. The Circuit Court bifurcated the matter, addressing the child support and custody issues first, and thereafter, determining property rights, grounds for divorce and any other remaining issues. In a series of orders entered between August and December 2016, the court enforced the postnuptial agreement and transfer of the condo to Mother, ratified a consent order the parties reached as to custody and access and awarded Mother child support, which included costs related to the children’s private school costs plus a portion of the costs of therapy and child care. A final judgment of absolute divorce was entered on March 8, 2017. Father filed an appeal on April 3, 2017, and Mother moved to dismiss as untimely Father’s appeal from the Circuit Court’s 2016 order.
disposed of all the parties claims in the proceeding. The Court confirmed the trial court’s interpretation of the parties’ postnuptial agreement, holding that the agreement provided no mechanism to compensate Father for his interest in the property in the event of a separation or divorce. In addition, the Court held that the Circuit Court was correct not to adjust upwardly Mother’s non-taxed income because it had no discretion to do so under the applicable statue. Finally, the Court held that it was within the discretion of the trial court to include in its child support calculation certain costs related to the children’s private schooling, extraordinary medical expenses and work-related child care costs.
The Court of Special Appeals affirmed, holding that the 2016 order did not constitute final judgments for purposes of an appeal in the bifurcated action. The actions were not final until the court resolved or THE ADVOCATE
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January 2019
JUDICIAL PORTRAIT UNVEILING FOR JUDGE BARBARA KERR HOWE By Carolyn Thaler On Thursday, November 27, 2018, the Baltimore County Bar Association honored one of its finest, Judge Barbara Kerr Howe. The Honorable Kathleen G. Cox welcomed the assembled audience and proceeded to talk about her mentor, Judge Howe. Judge Howe had been on the bench ten years when Judge Cox was appointed. They immediately bonded and their chambers became known as the “chick chambers.” They have remained close friends and associates ever since. John Gontrum, as Chair of the Baltimore County Bar Foundation, welcomed those assembled and expressed his gratitude for those who contributed and supported this event. Next, Judge Howe’s children shared some memories with the audience. Her daughter, Susan Howe Baron was pleased to note that she was happy her mother was there to unveil the portrait herself. She noted what a leader her mother was, attending law school when both she and her brother were small. She noted that she was homeschooled for a year, which was a valuable experience. Susan recalled, she was always the president and Judge Howe was always the secretary. Harvey “Skip” Howe weighed in as well. Skip followed his mother’s lead, becoming an ambulance driver and first responder. As a child he worried he might not be successful, so he asked his mother, “If I become a garbage collector, how would you feel?” Judge Howe said to just be the best garbage collector he could be. A former law clerk, Hans B. Miller said how Judge Howe fostered camaraderie. She had amazing skill on the bench and charmed everyone. He was very proud to have served as her first law clerk. THE ADVOCATE
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JUDICIAL PORTRAIT UNVEILING FOR JUDGE BARBARA KERR HOWE By Carolyn Thaler She attended Calvert School and graduated from Randolph Macon Women’s College in 1959. She was married the same year and attended University of Maryland Law School from 1965-1969. She is now married to Donald M. Nixdorff, III. Following graduation, she began her legal career at Kerr and Kerr, with her father and brother. In 1985, Governor Harry Hughes appointed her to the District Court of Maryland and in 1988, Governor William Donald Schaefer appointed her as the first woman judge on the Circuit Court for Baltimore County. Judge Howe also served as President of the Maryland State Bar Association in 1996-1997. She continues to serve in the Circuit Court by working in Settlement Court. Judge Howe took the opportunity after the unveiling to say a few words. She remembered how honored she was to be appointed, but indicated she wasn’t welcomed as an equal partner. She remarked that on he first day, one of the judges said to her, “Don’t worry honey, we won’t give you anything that is too hard.” With that, Judge Howe marched down to the Assignment Clerk and asked, “Do you have any murder trials coming up?” Judge Howe then thanked the portrait artist, Katherine Meredith. The portrait is stunning. The Honorable Vicki Ballou-Watts responded from the bench. She thanked Judge Howe for her service and for serving as a mentor and serving all the young people who appeared before her. We are so lucky to have had the pleasure of appearing before such a wonderful judge.
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ANNAMARIA WALSH—BALTIMORE COUNTY FAMILY MEDIATION DIRECTOR By Alexander Walsh
The newest head of Baltimore County’s Office of Family Mediation, Annamaria Walsh, started her post on September 24, 2018, following Wendy Sawyer’s retirement earlier in September. Anna Walsh was born and raised in Towson, MD and attended Institute of Notre Dame before completing college at Towson State University, earning her BA in 1989. Following her undergraduate studies, Anna went on to earn her JD from the University of Baltimore School of Law in 1993. Before joining the Office of Family Mediation, Anna ran her own successful private law practice in Towson, predominantly focused in family law. Her passion for mediation and dispute resolution has driven her throughout her career. Over the last 10+ years of practice, Anna has been an active member in the Alternative Dispute Resolution community. In addition, she’s served on boards of the Maryland Collaborative Practice Council, the Collaborative Project of Maryland, and served as the past president of the Collaborative Professionals of Baltimore. Anna is a member of the ADR section of the Maryland State Bar Association. Building upon many years of service in the mediation and dispute resolution community, Anna felt it was the right time in her life to move on from litigation (and the trials and tribulations of THE ADVOCATE
running a solo practice) to focus on the area where her true passion lies – “helping families to navigate through some of the most difficult transitions in life.” Anna firmly believes that “most family law cases do not belong in the court, especially when children are involved.” Through her new post as head of OFM, Anna’s ultimate goal is to move as many family law cases as possible away from the courtroom and into the appropriate ADR processes available to help reach amenable solutions. She also strives to better educate the public about the options available to them when it comes to dispute resolution. What should we expect from Anna’s tenure as head of OFM? She explains, “Wendy Sawyer built a tremendous program here – Baltimore County is the only jurisdiction in Maryland with an in-house family mediation program” that is of great value because it is robust, low-cost and very accessible to the parties that come through the court. Building upon that legacy, the job is to now to further strengthen the program, perhaps with the addition of other forms of ADR services. Further insight and suggestions from the bar are welcome! Anna is eager to make the most of the office, which will include taking the time to prepare clients to participate productively in the mediation process. Leveraging her experience as a private attorney in family law, Anna will talk to families about ways to resolve issues such as potential parenting schedules and can provide them with real-time feedback and reality checks as they negotiate solutions. By pointing families to the resources available, they can better advocate for their children’s developmental stages and needs. For example, the AAML has developed a set of “Child Certified Residential Guidelines” that are a great place for parents and lawyers to start.
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ANNAMARIA WALSH—BALTIMORE COUNTY FAMILY MEDIATION DIRECTOR By Alexander Walsh Outside of the office, Anna is the proud mother of four children, the oldest of whom also works in the Baltimore County courthouse as an ASA and occasionally visits her office for snacks and advice. She is happy to report that all four of her kids have successfully left the house – without any children or pets under her roof, Anna has extra time to devote to enjoying her hobbies, which include cooking, travel, and singing with the Baltimore Symphonic Chorale.
Favorite restaurant(s): Too many to list – anywhere from hole in the wall dives, to fine dining Pet peeve: Poor grammar Favorite sports team(s): Orchestra
Baltimore Symphony
Favorite ice cream flavor: Cappuccino Chip Favorite type of music or artist: Classical (Adagio for Strings, by Samuel Barber, is probably one of my favorite pieces)
Station on your car radio right now: 91.5 Guilty pleasure: Chocolate, and more chocolate Favorite charity: Maryland
Collaborative
Project
of
Favorite book: Bel Canto by Ann Patchett Travel destination still on bucket list: Croatia If you could meet one person, living of dead, who would you want to meet?: My maternal grandfather If you had not gone into law, what profession would you choose?: Broadway diva Bonus question from BCBA Family Law Chair Laurie Wasserman – Who’s your favorite child?: Anna responds to interviewer, “your sister” Interviewer’s correction: her oldest son, Alexander Walsh
Mark Your Calendars! The Baltimore County Bar Association’s 97th Annual Black Tie Banquet (‘The Prom’) will be held on Thursday, January 31st, 2019 at 6:00 p.m. at Martin’s Valley Mansion on Cranbrook Road in Cockeysville. Please note that this is
A NEW LOCATION!
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FAMILY LAW DINNER—STRATEGIC ANALYSIS OF CUSTODY EVALUATIONS AND PSYCHOLOGICAL EVALUATIONS By Martha K. White What should you be looking out for when reviewing custody evaluations and/or psychological evaluations completed by an expert in your case? How do you know if an expert has overstepped their professional ethical boundaries? How do you determine if the expert is presenting an objective and unbiased opinion? On November 14, 2018, the Family Law Committee had a dinner presentation at Vito’s Ristorante to find out the answers to these questions. Dr. John Lefkowits, ABPP, of Suburban Psychology, gave a fantastic presentation about common issues that arise in custody and psychological evaluations that can impact the credibility of an expert’s opinion. Dr. Lefkowits addressed the four key aspects that should be considered when analyzing custody or psychological evaluations, which are as follows: How did the evaluator manage the case and their professional relationships with all persons involved in the evaluation? This analysis focuses on the expert’s conduct throughout the evaluation process and whether it was objective, fair, and in-line with applicable professional standards. Also, the expert’s level of professional competency to complete such an evaluation should be considered both generally and with respect to the specific facts of your case. Lastly, any written work product or reports should contain adequate and clear data to support any conclusions; attorneys should be cautious of reports that are heavy on conclusions and light on supporting information. Did the evaluator gather sufficient data from which to form an opinion?
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be relevant to an expert when conducting an evaluation. However, if the expert conducted a very limited amount of information gathering, if they relied heavily on information from only one party, or if they did not attempt to get information from collateral sources; they may have lacked a proper basis from which to form a professional opinion. Accordingly, a review of what information the expert attempted to obtain, the information actually obtained, and the adequacy of both of these aspects in light of the facts of a case, can all be highly relevant to the credibility of the expert’s opinions. Were the techniques that the evaluator used in accordance with professional standards? This analysis includes a review of the techniques employed by the expert throughout the evaluation process and any efforts made by the expert to maintain and ensure their objectivity. With respect to psychological testing, any guidelines for standardized administration or scoring of tests should be compared to what actually occurred. It is not proper for an expert to form conclusions prior to considering all information and having a complete record. Attorneys should look out for confirmatory bias on the part of the expert wherein a conclusion is reached prematurely and thereafter the data obtained by the expert is focused on finding support for that conclusion. Two indicators of confirmatory bias are: 1) an expert did not consider alternative theories; and, 2) if the expert was not diligent in attempting to find information that might not support their initial beliefs and/or final conclusions. Was the reasoning employed by the evaluator in forming their conclusion flawed? In reviewing evaluations, attorneys should be mindful of any indications that the expert’s conclusions are based upon speculative reasoning, illogical reasoning,
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CRIMINAL LAW EVIDENCE UPDATE
FAMILY LAW DINNER— By Martha K. White
By Aidan F. Smith On November 14, 2018, the Honorable Joseph F. Murphy, Jr., presented his annual evidence update in the Harford County Circuit Court. Of particular importance, Judge Murphy discussed the Court of Appeals opinion in Ford v. State in which the Court found that remarks contained in an opening statement do not “open the door” for evidentiary purposes. Judge Murphy also pointed out that in Jackson v. State, 460 Md. 107 (2018), a relaxed evidentiary standard was used to authenticate bank documents. The Court found that if business records contain “all the indicia of a regular statement provided… by [the] Bank” then the document is properly authenticated. Id. at 122. This is a change from the previous typical procedure in which a custodian of records or a certificate of authenticity would need to be presented to authenticate the business records. After Judge Murphy’s presentation, all of the participants adjourned to the Tower Restaurant for refreshments. and reasoning that includes conclusions outside of the expert’s area of expertise. Additionally, consideration should be given to over-reliance upon computer generated test interpretations, any inferences that the expert relied upon their subjective parenting values rather than empirically established values, whether actual pathology was not appropriately considered or weighted because it wouldn’t support the expert’s conclusion, and whether any parental deficits were missed or ignored. The above information is only a short summary of Dr. Lefkowits’ presentation. For anyone that would like to learn more about Dr. Lefkowits and the services he can provide, please visit his website: www.suburbanpsychology.com. THE ADVOCATE
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CRIMINAL LAW UPDATE By Matt Wyman alluded to it in their opening statement. The Court ruled however that the error was harmless in light of the abundance of other evidence against Ford. The Court also ruled that Brown’s testimony was admissible because Ford’s reaction could be construed as consciousness of guilt. David Leander Ford v. State of Maryland, No. 11, September Term 2018, filed October 26, 2018. Opinion by Watts, J. Ford was charged with murdering Mohamed Eltahir in Anne Arundel County. The two were involved in an altercation that became physical. Witnesses testified that Ford then produced a knife and stabbed Eltahir. At trial, he was convicted of second degree murder. He appealed, arguing in part that the State should not have been permitted to introduce evidence of the victim’s peaceful nature as Ford had not produced any evidence to the contrary at trial. In opening statements, Ford’s attorney mentioned that Ford was attacked by Eltahir who was described as bigger, younger, faster and stronger than the victim. In order to rebut this statement, the State sought to introduce testimony that Eltahir was a peaceful person, not prone to violence. The State also introduced testimony from Ms. Brown, whom Ford was staying with at the time. She testified that Ford became angry when told he had to leave after he admitted his role in Eltahir’s death. The State argued this showed consciousness of guilt. Ford objected, and appealed on that issue as well. The Court of Appeals upheld the conviction. The Court ruled that the State was not permitted to introduce evidence of the victim’s character until contrary evidence was offered by the Defense. In this case, the Defense offered no such evidence, only THE ADVOCATE
Ronald Cornish v. State of Maryland, No. 12, September Term 2018, filed October 30, 2018. Opinion by Greene, J. Cornish was charged with a murder as a result of a failed drug deal. Pope, the key State’s witness, was involved in that deal as well. He testified at trial that Cornish left the car to conduct the deal with the victim, he then heard gun shots, and helped Cornish dispose of the body and burglarize the victim’s house following the crime. Pope’s testimony was more forthcoming than his initial statement which downplayed his involvement. He indicated at trial that he came forward because it was “the right thing to do.” Cornish was convicted of all counts. Cornish later discovered that there were additional statements and evidence against Pope. Pope was under investigation for other crimes at the time, and he was never charged with them. He also provided a statement that he was pressured into testifying by the detective, and was threatened with prosecution for the other crimes if he did not cooperate. Cornish filed a motion for a new trial based on the newly discovered evidenced, which was denied without a hearing The Court of Appeals ruled that the newly discovered evidence constituted a prima facie case for granting a new trial. Under Rule 4-331 the Court is required to conduct a hearing on the merits if the Defendant can show he was prejudiced and that the evidence couldn’t be discovered until a later date. The Court reversed the decision and remanded the
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CRIMINAL LAW UPDATE By Matt Wyman matter for a hearing on the merits of Cornish’s motion.
Daquan Middleton v. State of Maryland, No. 911, September Term 2017, filed August 28, 2018. Opinion by Battaglia, J. Middleton was charged, with a codefendant, in the robbery, and related murder of Robert Ponsi. The two were part of a group of juveniles who attacked Ponsi on his bike, robbed him, and stabbed him. He died as a result of his injuries. Statements from both of the Defendants indicated they intended to rob Ponsi, but not to harm him. However, they stomped Ponsi while he was on the ground after he resisted the assault. During a bench trial, the Judge convicted Middleton of the robbery and a first degree assault. The Judge specified that the first degree assault was for the stomping that occurred after the initial attack where Ponsi was stabbed. Middleton argued that the first degree assault was not charged, and is not properly a lesser included offense. Specifically, the first degree assault for the stomping was not appropriate as he was charged with the stabbing only.
29, 2018. Opinion by Battaglia, J. Thaniel was convicted of Murder and related charges in 2005. His conviction was upheld by the Court of Special Appeals shortly thereafter. Thaniel filed a post-conviction petition with several allegations of ineffective assistance of counsel. Specifically he argued that trial counsel was deficient by asking the court to be closed for jury selection and for addressing a note from the jury without the Defendant present. He also argued that appellate counsel was deficient for not raising the issue of the note during the appeal despite no objection having been lodged. The Court denied Thaniel’s request on both of these issues. The Court found that trial counsel acted appropriately in asking the room to be closed because of flaring tensions and the possibility of an altercation between the Defendant and Victim’s families. Further, the rules allow for counsel to
The Court of Special Appeals ruled that the Court cannot convict Middleton of the lesser included offense of First Degree Assault as it was part of the Second Degree Murder Charge. The Court ruled that the stabbing (which resulted in death) was a separate act from the stomping, which while horrendous, was not the cause of death. The conviction for first degree assault was vacated and the case remanded for resentencing on the other charges.
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MEMBER NEWS ASSOCIATION SPONSORED GROUP DENTAL PLAN OFFERED BY ICS-INSURANCE Did you know that we are currently offering an Association Sponsored Group Dental plan through Dominion Dental? Association plans enable us to enhance the benefits of being a member of the BCBA. These plans would allow us to offer group products with more liberal underwriting and potentially lower cost than products available on the individual market. In the past we have offered association sponsored Long Term Care and Life Insurance coverage and are considering investigating the opportunity to offer an association Health Insurance plan. If you have interest in any of the mentioned products, please reach out to Rachel Ruocco, Executive Director 443-652-3228 or send an email to her at rruocco@bcba.org.
Divorce, or probating an estate. Your client has options when it comes to the real estate. Hawk Mortgage Group can help you and your client sort out the options and strategies they have at hand, to help at this time ‌ and down the road. Jeffrey T. Hawk, President 443-619-7900 - Office 410-241-7071 - Cell Jeff@hawkmortgagegroup.com
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SOCIAL MEDIA ADMISSIBILITY AND AUTHENTICITY By Ari Kodeck On November 28, 2018, members of the bar along with members of the Negligence, Insurance and Workers’ Compensation Committee attended a continuing legal education program on the use of social media at trial and in discovery. The Honorable Leo Ryan, Jr. and Michael G. DeHaven, Esquire led an interactive lecture on the process and pitfalls of using various forms of social media at a trial. Both speakers underscored the process of authenticating and ultimately admitting this form of evidence is fundamentally the same with traditional documents and statements.
the mention and denial of the statement is enough to call into question the veracity of the witness. Judge Ryan impressed upon the audience that “distinctive characteristics” are specific to a case. I am reminded of a rule that I teach my students in trial advocacy: use small, easy questions while building a large foundation within which to admit the evidence. Do not fear the denial. Anticipate authentication issues and create several scenarios to work around the problem. Thank you to the NIWC committee and our honored guests for a lively and comprehensive discussion on social media evidence.
In essence, if attempting to attribute a specific statement or social media post to a witness, several means exist to authenticate the statement: personal knowledge of the creation of the post or statement; evidence that the process that created the proffered document is reliable; expert testimony; and evidence that the proffered statement or post contains such distinctive characteristics that a reasonable trier of fact could conclude that the statement or post is what it purports to be. Imagine the scenario: Attorney A attempts to admit a Facebook posting purportedly made by the testifying witness. The witness denies making the post and testifies that some other person, known or unknown, gained access to their Facebook page and made the post. Judge Ryan and Mr. DeHaven noted similarly with traditional forms of evidence, Attorney A has a number of tools in their quiver to work around the initial denial. Looking at the rules of hearsay, if the posting is not offered for the truth of the matter asserted (as a refresher, “matter asserted” is that which is in the statement offered into evidence), hearsay is not implicated. Perhaps prior and subsequent postings by the witness can show adoption of the evidentiary statement. Maybe the statement is offered for rebuttal, in which case, THE ADVOCATE
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Committee News ADR COMMITTEE February 27, 12-2pm, Baltimore city, Mediation Styles from the Mediator, Attorney, and Client Perspectives April 9, 5-7pm, Grand Jury Room, Mediator Mindfulness ADVOCATE COMMITTEE Please submit any ideas for articles to Rachel Ruocco at rruocco@bcba.org or Ari Kodeck at akodeck@oag.state.md.us BENCH/BAR COMMITTEE This committee (appointed by the BCBA Presidents) meets the second Thursday of each month, 8 a.m., in Judicial Conference Room 412. If there are issues to be brought to the attention of this committee please contact Chairperson Fred Allentoff, 443-588-0066 or fallentoff@aol.com. CRIMINAL LAW COMMITTEE Date TBD, 5pm, Baltimore County Detention Center Programs, Grand Jury Room. February 7, 5pm, 4th Amendment, Grand Jury Room March 21, 5pm, Effective Cross Examination, Grand Jury Room CLE COMMITTEE February 5, 5pm, How to Build a Million Dollar Practice, Grand Jury Room March 19, 5 pm, Joint Program with ADR Committee April 23, 5pm, Accounting & Bookkeeping for Lawyers ENTERTAINMENT COMMITTEE May 29, 12pm, Golf Tournament, Eagle’s Nest Country Club ESTATES & TRUSTS COMMITTEE December 18, Holiday Lunch January 22, 5pm, Ethical Conduct, Grand Jury Room February 12, 5pm, Fiduciary Responsibilities, Grand Jury Room May 21, 5pm, Annual Dinner THE ADVOCATE
FAMILY LAW COMMITTEE January 8, 12 pm, Brown Bag Lunch-ACES Test, Grand Jury Room February 12, 12pm, Brown Bag Lunch on Parent Coordinators, Grand Jury Room February 19, 6 pm, Collecting on Judgements, Liberatore’s Restaurant March 21, 6pm, Sexual Abuse Allegations, Woodholme Country Club April 17, 6pm, Multi Jurisdictional Dinner May 16, 5 pm, Legislative Update & Happy Hour, Grand Jury Room LAW DAY COMMITTEE May 1, 7:30 am, Breakfast May 1, Noon Ceremony, Ceremonial Courtroom #5 This year’s theme is Free Speech, Free Press, Free Society Nominations are being sought for the Law Day Award and the Judith P. Ritchie Award. Nominations must be submitted in writing to the Bar Association Office no later than 4:30 P.M. on Friday, January 4th. Each nomination should include information in support of the candidate. Nominations will be reviewed by the committee for recommendations and forwarded to the Executive Council for selection. Awards will be presented at the Law Day Noon Ceremony on May 1st. Law Day Award Criteria are: 1. Bar Association Member 2. Impact on the status or administration of the law 3. Participated in bar related activities over the course of several years 4. Service to the Bar Association over the course of several years Judith P. Ritchie Award Criteria are: 1. Bar Association member. 2. Significant constructive impact on Bar Association activities during the past year. 3. Largely unrecognized for these efforts. 4. Adding to the proficiency, respect and reputation of the Bar Association.
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Committee News LRIS COMMITTEE Please renew or consider joining the LRIS at this time. Application can be found on the website: LRIS Application. Contact Rae Wyatt at rwyatt@bcba.org or 410-337-9100 for more information.
April 27, 9am-1pm, Pro Bono Day, Woodlawn Library
The 2018-2019 LRIS Panel Registration and Renewal Packet is now available. Join now! Current panel members, remember to renew!.
PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY Civics & Law will resume in the Fall of 2019. Please contact Rachel Ruocco if you are interested in participating.
MEMBERSHIP COMMITTEE Online Membership Application can be found here MEMORIAL COMMITTEE Please notify Rachel Ruocco at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to all members. Thank you. BCBA members who will be honored at next year’s service on November 21, 2019 at 3:30 p.m. If you know of any BCBA Member who passed away (since August 15, 2018), please advise Rachel Ruocco immediately, so they can be included in the service. Thank you. The reception for family and friends to honor and remember loved ones will be held immediately following the service.
PROFESSIONALISM COMMITTEE March 28, 5pm, Sexual Harassment, CVP, Towson
REAL PROPERTY COMMITTEE Stay tuned for programming news. SOLO & SMALL FIRM COMMITTEE Stay tuned for programming news. STATE & LOCAL LAWS (SLLZ) COMMITTEE February, Meet the County Council April, SLLZ Annual Dinner TECHONOLGY COMMITTEE January 9, 5pm, MDEC Training
YOUNG LAWYERS COMMITTEE Bull & Oyster Roast, March 31, 2-6 pm, Towson American Legion contact Craig Borchers at Monetary contributions are greatly appreciated to **Please support the Memorial Reception, and can be made craigb@towsonfamilylaw.com or Whitney Wilder at payable to the BCBA, 100 County Courts Building, wwilder@bodie-law.com if you are interested in 401 Bosley Avenue, Towson, MD 21204. Donors will helping out with the Bull and Oyster Roast. We need many hands to make this a successful event. be acknowledged on the printed program. Last Thursday Happy Hour NEGLIGENCE, INSURANCE & WORKERS’ COMP 5pm, The Point, 523 York Rd, Towson. Come join COMMITTEE young lawyers, judicial law clerks, and a special Stay tuned for programming news. monthly guest to relax and network. PRO BONO COMMITTEE February 5, 5pm, Committee Meeting, Women’s Law Center, 305 W. Chesapeake Ave. March 5, 5pm, Committee Meeting, Women’s Law Center, 305 W. Chesapeake Ave. April 2, 5pm, Committee Meeting, Women’s Law Center, 305 W. Chesapeake Ave. May 7, Committee Meeting, Women’s Law Center, 305 W. Chesapeake Ave. THE ADVOCATE
February 28 March 28 April 25 May 30 June 27
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If you have not received your 2019 BCBA Dues Invoice and Black Tie Banquet Information via mail, please contact the Bar Office immediately. Invoices and Black Tie Banquet Information was sent out to all members by the end of October, but it was brought to our attention that a large number of people did not receive theirs. Call Rachel Fuller at 410-337-9100 x106 or email her at rfuller@bcba.org if you have any questions or if you did not receive yours.
Lawyer in the Lobby Clinic January 9th 4:30—6:30 County Courts Building, 1st Floor, 401 Bosley Ave, Towson Lawyer in the Lobby is held the 2nd Wednesday of every month. Walk-ins are assisted in General Civil and Family Law matters. If you are interested in volunteering, please contact Rae Wyatt at rwyatt@bcba.org or 410-337-9100. Thank you to our volunteers for January Julius Blattner Gregg Mosson James Ruckle E. David Silverberg THE ADVOCATE
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Running Club. Monthly runs will be held on the last Thursday of each month. August – May, 5:30 p.m., meet in Patriot Plaza. December-February, meet at 401 Washington Avenue, Lobby. We recommend that runners bring reflective gear, headlamps, etc. Please RSVP to Craig Borchers, craigborchers@hme-law.com, thanks.
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Property for sale in the heart of Timonium/Lutherville, MD Move in ready and perfect for small practice of attorneys. 3,000 sq. feet with additional storage, 4 private offices, conference room, reception area and many more advantages. If you’re paying rent now, why not consider investing instead? Also ideal for shared offices. Listed @ $459,900. Call realtor, Bob Mikelskas @ 410-375-2990 or email him @ bmikelskas@gmail.com for an appointment or questions.
Rosario Realty, 12202 Happy Hollow Road Cockeysville, MD 21030
ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ... BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges. Our services include help for a broad range of problems and personal concerns, such as: Gambling Depression Internet Addiction Marital and Family Relationships Sexual Addiction Alcohol and Drug Abuse Compulsive Spending Stress and Burnout Eating Disorders Prescription Drug Concerns Balancing Work and Family Career Concerns WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access to treatment facilities and provide emergency practice management, as well as referrals to professional counselors. RICHARD LYNAS, Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA
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410-288-1099 410-832-7579 410-241-8538 410-649-2000 917-226-6472 410-951-7165 443-851-7353 410-733-3306 410-583-6969
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COOPERATING ATTORNEY PANEL Established, respected Legal Services Fund providing legal benefits to thousands of members seeks Washington D.C. and surrounding vicinity counsel (Virginia and Maryland) practicing in the areas of immigration, civil, criminal, family, divorce, bankruptcy and real estate law (combination or individual areas). Bilingual attorneys a plus. Potential for practice growth. Please contact Joy Khan at: lfadmin@32bjfunds.com and request an information packet.
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PROPERTY FOR SALE 600 Eastern Boulevard Baltimore, MD 21221 Property is zoned CR (Commercial/ Residential) and is currently set up as an attorney’s office with 3 offices, kitchenette, waiting area & ample storage upstairs & in lower level. Rear parking for up to 10 cars makes this property excellent for a professional user. $175,000 Call Sean O’Conor at 410-218-7996
Michael A. Mastracci, Esquire Realtor Www.mikehasyourhome.com mike@mikehasyourhome.com
M: (443) 257-5339 O: (410) 723-3600
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Baltimore County Bar Association
Presort Standard U.S. Postage PAID Permit No. 1262 Baltimore, MD
100 County Courts Building 401 Bosley Avenue Towson, MD 21204-4491 410-337-9103-Telephone 410-823-3418-Facsimile www.bcba.org
MEMBER ADVERTISEMENTS TOWSON. Three Office Spaces Available: Rent one office, four offices with reception area, or whole floor. Two blocks from circuit courthouse. Free parking. Rent and utilities are negotiable. More info at nicole@whitakerlegal.com or 410-207- 9272. TOWSON. Office sharing available. One block from Courthouse. Use of phone system, copier, fax and secretarial available. Please call Beverly at 410-296-6820. PERRY HALL/NOTTINGHAM. Real Estate Firm is hiring a title processor for residential real estate closings. Some experience in real estate closings, real estate title work and/or residential lending preferred but not required. Salary commensurate with experience; pleasant work environment. Please send resumes to Lisa Eisemann, Esq. at leisemann@mcrllaw.com , or mail to Moore, Carney, Ryan & Lattanzi, L.L.C. Attn: Lisa Eisemann; 9649 Belair Road; Suite 302; Nottingham, MD 21236 REISTERSTOWN. Office(s) available for rent. Includes electric and use of conference room/library, reception area & kitchen. Secretary/paralegal assistance and expense sharing opportunities also available. For more information, call Scott Westerberg at 410-526-7373. TOWSON. Towson office space available to share. Large, windowed office and secretarial space, shared reception area and conference room, copier, internet, etc. available. Free parking and easy access to I-695. Contact Rich Desser at 410-821-5435x104 or dresser@desserlaw.com. TOWSON. Office for rent in the heart of Towson. One block from the Circuit Court. Rent includes one parking space. Available in September 2018. Rent is negotiable. Call 410-494-1494 to schedule a tour. Ask for Dilip. TOWSON. Up to three furnished offices for rent one block from the Circuit Court for Baltimore County. Share use of conference room, reception area, kitchen and copy machine. Includes parking and all utilities. Call Cynthia at 410-3825910 for more information. LUTHERVILLE/TIMONIUM. Seeking reputable subtenant to share office suite in nice building in Lutherville/Timonium. Fully furnished partner’s office (2 available), includes internet, receptionist, use of conference room and free parking in a pleasant low key environment. If interested, please contact Randy Wase, 410-828-8500 or Randy@Waselaw.com.
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