THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXX, NO. 5
January 2021
PRESIDENT’S MESSAGE By Jay D. Miller The events of January 8 will never be forgotten. I believe it is appropriate to utilize this space to re-print the response of the BCBA in addition to the statement issued by the Maryland State Bar Association. Our BCBA is not a political organization. However, we are an organization of lawyers who take seriously the constitution and our duty to protect it. This past week, I shared my own condemnation (with thanks to immediate past president Judge Michael Siri) of the attack on our Nation’s Capitol. Here in its entirety is and fairly conducted with accurate results. As my response followed by MSBA President Judge lawyers, we must believe in the process. Mark Scurti’s statement. Yesterday was a hard day for many of us, regardless The First Amendment of the United States’ of our political affiliation. Not since 1814 has the Constitution empowers the people of our nation to U.S. Capitol been breached; however, instead of peaceably assemble and protest. Yesterday, the British soldiers, the Capitol was breached by citizens individuals storming the Capitol and disrupting the of the United States, seeking to disrupt the process to electoral process was anything but a peaceful protest. count the Electoral College victory of President-Elect It was an assault on our democracy, our way of life, Joe Biden and Vice President-Elect Kamala Harris. and our profession. The Baltimore County Bar Fortunately, the attack merely delayed the legal Association condemns the assault on the U.S. Capitol process and Congress worked tirelessly to complete and the assault on democracy. We condemn the their duties throughout the night and into the morning. individuals who refused to peaceably protest. We We thank the law enforcement officers risking their condemn the individuals who incite violence. We lives to allow our democratic way of life to succeed. condemn those who refuse to follow the rule of law. As a bar association, each member plays a vital role in As lawyers, we are the defenders of the rule of law. supporting and protecting the rule of law. We ask all We believe in democracy, the legal system, and the elected officials and others in positions of civic process. Various courts throughout the United States responsibility to do the same. We ask for all to considered dozens of lawsuits relating to claims of defend the Constitution, support a peaceful transition impropriety related to the November 3, 2020 election of power, and protect the rule of law. and no evidence of significant fraud was found. The Continued on page 2 courts confirmed that the 2020 election was properly
Vallit Advisors THE ADVOCATE
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PRESIDENT’S MESSAGE Dear MSBA family –
The horrific images and scenes of rioters that broke through one of our most sacred institutions made me sad and, more so, fearful. We as a nation have vigorous debate and disagreement on many issues, red or blue, democrat or republican, but in the end, we reach compromise and resolutions that all agree to uphold and respect. We uphold and respect the rule of law despite it all. That is what has made our democracy the most revered in the world. What happened in our Capitol was the worst of the worst and played no part in our American free way of life. It is shameful and devastating. Seeing members of our Montgomery County and Prince George’s County police forces on the steps of the capital in riot gear was surreal. Yesterday’s events made me reflect on what it might look like if the Supreme Court or any of our Maryland Courts issued a decision that incited a segment of our community, or if our legislators passed laws that were not viewed positively by a portion of the electorate. Will our leaders incite,
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encourage, and support, not peaceful demonstrations, but rather riots to insurge and takeover, with physical attacks on the objectionable institutions, thus threatening the very rule of law? The rule of law is where we place our trust, our faith and our lives. That is a bedrock principle of our MSBA. I applaud Vice President Pence and leaders of both parties in Congress for getting back to business of the people despite the insurrection and tragedy they faced. They are all to be commended for their bravery in upholding the rule of law and their constitutional obligations. This shall be a lesson for all leaders to learn that their words have consequences and can undermine our democracy. Although we are fiercely apolitical as an organization, representing tens of thousands of attorneys who function as officers of the court, we are just as fiercely loyal to the concept of the importance of the rule of law. We play an important role in society and voicing the importance of our constitutional underpinnings is appropriate for our profession. -MSBA President, Judge Mark Scurti
EXECUTIVE DIRECTOR
By Rachel M. Ruocco
It is hard to believe that 2021 is finally here and we can celebrate the 100th Anniversary of the Baltimore County Bar Association. The BCBA first met on May 21, 1920 and was formally founded on May 4, 1921. Since then, we have had 103 presidents and we have grown from 27 members to nearly 2,000! In 1922, there were four committees of the BCBA and we now have 27 standing committees in addition to the Executive Council. Did you know the annual dues in 1921 were $1 per year? My, how we have grown.
I have worked for the BCBA for the past 12 years and am proud to be a part of such a warm, collegial, dedicated and enthusiastic group of people. I have witnessed the growth and change that has taken place over the past 12 years and look forward with anticipation to the growth we will continue to experience. It is, and will continue to be, our members who make us what we are. And that is the best bar association in the State of Maryland and one of the best in the country.
The Historical Committee has been hard at work the past few years planning for this momentous year, and even though we are living through a pandemic, the BCBA will continue to move forward with our plans. Please stay tuned for more information on the memory book being put together. We will be looking for advertisers and contributors. As always, please send any memories, stories or photos to the Historical Committee, care of the Bar Office or email them to me at rruocco@bcba.org.
While the events of the past year have caused us all to change the way we live our lives and do our jobs, I look forward to being back to ‘normal’ when we can host programs, happy hours, dinners, fundraisers, and other events in person again. Anyone who knows me, knows that is by far the best part of my job and what makes the BCBA so special.
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Thank you all for your continued support. healthy and safe and I hope to see you soon.
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2020-21 Officers President Pres-Elect Secretary Treasurer
Jay D. Miller Stanford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles
Executi v e Council Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki Michelle D. Siri Alaina L. Storie Hon. Michael W. Siri, Immediate Past President Nicole E. Rush, Young Lawyers’ Chair
Calendar of Events Please go to www.bcba.org and click on ‘calendar’ for an up-to-date listing of programs & events and to register for all programs & events. Inside This Edition
The Advocate
Michael S. Barranco Committee Chair
Tracee O. Fruman Committee Vice-Chair
Cont ributi ng Writers Michael Barranco Anthony Bartlett Suzanne Farace Tracee Fruman Ari Kodeck Michael Lentz Peter McDowell Matt Paavola Ceecee Paizs Zach Reichenbach Nicole Rush Mary Sanders Hon. Michael Siri Alaina Storie
ADR/Family Law Bench/Bar Update Judge Byrnes Retirement Civil Law Update Court Notices Diversity & Inclusion Estates & Trusts Family Law Holiday Party In Chambers With Law Library Lawyers Assistance Magistrate McBee Member Ads Memorial Service Professionalism Save the Date Vallit Webinar Series
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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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January 2021
COURT NOTICES
DECEMBER DISTRICT COURT SCHEDULE
BCBA FACE MASKS
AND
CUFF LINKS 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 THE ADVOCATE
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FOR
PURCHASE
or 410-337-9101 to purchase face masks or cuff links. Are you wearing your BCBA mask proudly? We want to see photos so please send them to Rachel Ruocco at rruocco@bcba.org. Laure Ruth wore hers on a socially distanced trip to Captiva Island, FL. January 2021
FAMILY LAW
DIVISION
Dear Bar Colleagues: The Family Division Meeting held on December 2, 2020 was chaired by Judge Jakubowski in her final meeting as Family Division Lead Judge. We will share our thoughts about Judge Jakubowski’s outstanding tenure in another forum, but suffice to say, we, as Family Law practitioners, are all the better for having had Judge Jakubowski piloting the Family Division with such care and efficiency. At the meeting, all of the division and department participants, including all of the Magistrates, had the opportunity to welcome the Honorable Colleen A. Cavanaugh into her position as the new Family Division Lead Judge. We share in Judge Jakubowski’s confidence that Judge Cavanaugh will do a great job in guiding the division into the future. Now onto the regular business… 1. Pre-filing of Exhibits: The Clerk's Office is still reporting that attorneys are not meeting the deadline of pre-filing trial and hearing exhibits at least two days before the scheduled trial or hearing. We cannot file exhibits the morning of the hearing because of the way the MDEC queue is processed within the Courthouse and because of the way work flows to the Judges and Magistrates. In fact, the Magistrates do not have Law Clerks, so it is even more critical that
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exhibits be filed well in advance of such hearings. While there may be some last minute work-arounds, attorneys run the risk, in addition to the digital impediments, of having exhibits tendered at the last minute excluded as a matter of evidentiary discretion exercised by the Trial Judge or Magistrate. File exhibits late at your own (and your client’s) peril.
2. Family Support Services: This meeting was also the last one for Mary Stengel, our Family Services Coordinator (see our previous e-mail of October 16, 2020). Mary asked us to disseminate the Interim Workplan for the Office of Family Services for after her departure. Please contact one of us for a copy. We will send out future information as it becomes available. Happy holidays to all.
Very truly yours, William R. Levasseur, Jr. Martha K. White
Co-Liaisons, Baltimore County Family Division
FAMILY LAW ROTATION The following judges are assigned to the Family Law rotation from January 1, 2021 through June 30, 2021:
Judge Michael F. Finifter Judge Robert E. Cahill, Jr. Judge H. Patrick Stringer, Jr. Judge Dennis M. Robinson, Jr. Judge Vicki Ballou-Watts THE ADVOCATE
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MAGISTRATE MICHAEL MCBEE By Mary R. Sanders
practice was always as a gracious winner and good sport. It is clear from his years “in the trenches” that he understands the practice of law and the challenges clients and attorneys face when appearing in court. Magistrate McBee has been married to his lovely wife, Bridget, for 37 years and they have three adult children (two daughters and one son), AND most importantly grandchildren, with one on the way! He has been a dedicated dad, participating in his children’s extracurricular activities, and watching his son become a +3 handicap golfer (for those of Magistrate Michael McBee is no stranger to the Circuit you who, like me, are not golf aficionados, this is Court for Baltimore County – he just used to be on the very good!). other side of the Bench. Magistrate McBee was Magistrate McBee joined the Magistrate appointed by the Circuit Court as the new Family Law Corps in the midst of the pandemic. He has been Magistrate, replacing longstanding Magistrate Richard impressed with how well the litigants and attorneys J. Gilbert. Magistrate McBee took the bench on June have handled the special challenges that have been 8, 2020 and has been going strong since then. brought about by the pandemic. Magistrate McBee Magistrate McBee attended the University of Baltimore Law School, graduating in 1983. He started his distinguished career in the Baltimore County State’s Attorney’s Office where he credits the work environment with teaching him how to both litigate and work collaborative with opposing counsel.
has the philosophy to allow lawyers to try their case and believes that the attorneys who have appeared before him have done a stellar job. Everyone has been prepared and civil. His only tip to attorneys is to make sure you review the pleadings, especially if you are not the original attorney, and make sure the After his stint at the State’s Attorney’s Office, proper relief has been requested. Magistrate McBee opened his private practice in 1987 When he applied and was appointed, Magistrate and remained in private practice for 33 years, until his McBee thought he would like the job – now seven appointment. Magistrate McBee had a varied practice months in, he loves his job and looks forward to including civil and criminal cases. At the time of his each and every day. We at the Family Law Bar are appointment, family law cases composed about 80% of pleased, as well, that Magistrate McBee has joined his private practice, which made him a perfect the bench. DO GOOD! candidate to become a Family Law Magistrate. Favorite Book – James Michner, Chesapeake Magistrate McBee was drawn to the practice of law for Favorite Music – Old time rock and roll – Boston, several reasons. First, he felt he could “do good and Foreigner, Billy Joel, James Taylor affect positive outcomes for people,” especially in the area of family law. Second, at his core he is a Favorite Christmas Present – One he gave to his competitive person – he played sports all through wife early on in marriage – an antique (i.e. used) college (soccer and baseball). He enjoys the sports- chest that he filled with fully wrapped free samples like nature of the law – there is strategy, lots of of makeup, personal products, etc.
practice, preparations, focus, quick thinking and a Favorite Food - Whatever his wife is cooking winner/loser. Magistrate McBee’s reputation and THE ADVOCATE
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January 2021
BENCH/BAR COMMITTEE REPORT By Suzanne K. Farace
processes as when it was last in Phase II. Counsel will get an email approximately three weeks before trial asking for the case status and will receive that again ten days before trial. It will then be determined which cases are assigned and which are placed on call. There will be two back up cases. Older cases and more serious cases will have priority. Judge In attendance were: Fred Allentoff, Andy Alperstein, Ensor (for Civil cases) and Judge Cahill (for Criminal Damien Banks, Harry Chase, The Honorable cases) are reviewing and assigning cases. The Circuit Kathleen G. Cox, John Cox, Mariela D’Alessio, Court Policy has been updated in the Advocate. James Dills, Julie Ensor, Suzanne Farace, Maria Fields, The Honorable Arthur Frank, Greg Gaskins, In response to a question asked, Judge Cox indicated Carl Gold, The Honorable Ruth Jakubowski, The that the Circuit Court is not keeping records of the Honorable Stacy Mayer, Wendy Meadows, Stanford temperature of the lawyers or public entering the Gann, Jr. (for President Jay Miller), Chris Nicholson, building. They will refuse entry to those with a Cliff Robinson, The Honorable Dennis M. Robinson, certain elevated temperature. Jr., Nicole Rush, Mary Sanders, Raphael Santini, Circuit Court Administration Scott Schellenberger, Magistrate Wendy Schenker, Lenny Shapiro, Debra Shubert, The Honorable Reporting for the Administrative Office of the Circuit William Somerville, Debra A. Thomas, Timothy for Baltimore County, Timothy Sheridan indicated Sheridan, Eric Steiner (for the Honorable Michael that if any lawyer sees any issues in the courtrooms such as a lack of wipes or hand sanitizer, please let Siri), and the Honorable Dorothy J. Wilson. him know or let the judge’s staff know. He indicated Circuit Court that he greatly appreciated everyone’s patience and Reporting for the Circuit Court, the Honorable insights. Kathleen G. Cox announced that Judge Ruth Ann Circuit Court Clerk's Office Jakubowski will be the new Administrative Judge for the Circuit Court and that Judge Colleen Cavanaugh Reporting for the Clerk’s Office, Julie Ensor will be the new Family Law Administrative Judge. indicated that admittance is allowed in the courthouse Judge Cox further indicated that Judge J. Norris with appointments only. There is a report given to the Byrnes will be retiring in December 2020 after Sheriff’s office every morning as to all scheduled fifteen years of service on the Settlement Court. appointments, the exception being for newly-filed Judge Howe and Judge Martin will take on additional Domestic Violence petitions and Requests for days in Settlement Court and Judge Cox will join the Emergency Evaluations. If someone comes to the courthouse without an appointment, an appointment Settlement Court in February 2021. can be made for the next day. Given all the staff who Judge Cox confirmed that Phase II of the Maryland are teleworking, the best way to contact the Clerk’s Judiciary COVID plan is in effect. Some criminal Office is through the department emails that have dockets have been cancelled. Fewer people are being been published. allowed in the courthouse with only parties, attorneys, witnesses, and victims their families and Magistrates the family of the defendants to be admitted. Magistrate Wendy Schenker advised that the December and January trial dates that are postponed Magistrates continue to conduct remote hearings. will be reset. All other matters will remain as Uncontested hearings and Scheduling Conferences scheduled. The court will continue the same are being held remotely. They are trying to do cases The December meeting of the Bench Bar Committee took place via Zoom on December 10, 2020. The Committee Chair, Raphael Santini, called the meeting to order at 8:02 a.m. The Minutes of the meeting of November 12, 2020 were voted on and approved.
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BENCH/BAR COMMITTEE REPORT By Suzanne K. Farace
that are set in for a half day or less remotely. Cases which are set in for a full day are being held in person. The parties may request a remote hearing, and the requests are being reviewed by Judge Cavanaugh. According to Judge Jakubowski, these requests are being liberally granted. Requests should not be made at the last minute. Additionally, exhibits should be pre -filed, submitted (through MDEC) two to three days before the trial, including impeachment evidence. Neither the Judges nor Magistrates will look at the pre -filed exhibits in advance. The Magistrates are trying to handle as much as possible remotely. Please remember that Magistrates currently have only Skype to use and thus cannot share their screen (a feature in Zoom) and they do not have Law Clerks, so pre-filing exhibits is crucial.
According to Judge Jakubowski, Settlement Conferences are also being handled remotely. Orphan’s Court Reporting for the Orphan’s Court, the Honorable Arthur Frank reported that caveat trials are being held in person, but that most other matters are being handled virtually. The Register of Wills is dealing with people by telephone or by appointment. District Court Reporting for the District Court, Judge Wilson indicated that Phase II is in effect. The Court will not be hearing most landlord tenant actions, such as Failure to Pay Rent actions, but is still hearing Emergency Wrongful Detainer actions and Tenant Holding Over actions. Furthermore, the Court will not be hearing payable traffic cases, or cases arising from camera tickets, toll violations, or light rail tickets. The court is not processing affidavit judgments, except those filed before November 30, 2020. The focus is on scheduling those cases involving an incarcerated Defendant. All bail reviews are being done in Towson, but beginning in January 2021 they will be split between Catonsville and Towson. ERPOs, DVs and Peace Orders are skyrocketing, especially in Essex, and dockets are being added. THE ADVOCATE
Judge Wilson further indicated that the court is trying to do more cases remotely. Please file the appropriate form with the Court if you would like your case heard remotely. Bail reviews are being done remotely so please let the Court know and your request can be last minute. There is an Order to proceed with civil matters that can be done safely, at the court’s discretion. The same question was asked regarding whether Court is keeping track of the temperatures of people entering the building. At the District Court, the Bailiffs do keep a log of the temperature readings and it is used in the event that someone later tests positive for contact tracing purposes. There was also a question to Judge Wilson about whether bail reviews will be split based on the place of arrest. She indicated that the Court will decide the best way to split the bail review docket. It will probably be split by geography but there will be notice in advance and the Clerk’s Office should have notice. There was a final question as to whether there will be iPads made available to incarcerated Defendants so that they can review discovery or pleadings. James Dills advised that this should be possible soon, and that everyone in the county is working on getting this done.
District Court Administration Reporting for the District Court Administration, Maria Fields indicated that there was nothing to add to Judge Wilson’s report at this time.
Office of Administrative Hearings Reporting for the Office of Administrative Hearing, the Honorable William J.D. Somerville, III, indicated that the OAH is handling matters via videoconferencing, and doing few in-person hearings. Two Administrative Law judges have retired. Executive Council Reporting for the Executive Council, Stan Gann reported that the holiday party via Zoom was a big success, continued on page 23
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ANNUAL MEMORIAL SERVICE By Peter T. McDowell
Louis Kaplan
Hon. Patrick Cavanaugh
Martin I. Moylan
Howard B. Gerber
Despite the COVID-19 pandemic, on November 19, 2020, the Baltimore County Bar Association held its Annual Memorial and Recognition Ceremony. Not to be overcome, we forged forward honoring our members who passed on over the last year by holding the ceremony via remote video broadcasting. Rachel Ruocco reported that 75 members of our Bar communally gathered remotely to joyously remember the Honorable Patrick Cavanaugh, Michael Connolly, Howard Gerber, Louis Kaplan, Martin Moylan, and Bob Winkler. The Ceremony was preceded with music performed by Ann Marie Cordial. The Honorable Kathleen G. Cox opened our ceremony welcoming the family members of the recently departed members of our Bar. Due to the unique circumstances of this year’s Baltimore County Bar Association Annual Memorial Service, she noted “I’m sure I speak for all of us when I say that I’m sorry this isn’t being done in person, but obviously, it’s prudent that we’re doing it remotely as we are here today.” Judge Cox commended the Bar Association on their efforts to continue this tradition and figuring out how to continue this ceremony. She noted that, “every time I attend it, I’ve learned something new about someone that maybe I knew as THE ADVOCATE
Michael F. Connolly
Robert N. Winkler
colleague but didn’t know personally.” Judge Cox further stated, “There’s a benefit to reminiscing and celebrating someone’s life, not – after a little time has passed from their passing. I think you get past the immediacy of the loss and you can come together and really remember and more joyfully celebrate all that they’ve accomplished and all that they’ve contributed.” The Honorable Judith C. Ensor offered the invocation, praying that “in the midst of our current challenges and these troubling times, we are so grateful for this opportunity to come together and focus our attention on the lives and memories of our departed friends and colleagues.” Judge Ensor noted that the Annual Memorial and Recognition Ceremony allows us to celebrate our departed colleagues for their “lives well lived, their boundless love for their families, their selfless service to their communities, and their passion for the law.”
Kevin Carr, the Chair of the Memorial and Recognition Committee, introduced the first speaker emphasizing that “although we cannot be together in person as in the past, it is important to honor these members.” Louis Kaplan was remembered by his mentee K. Alice
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Young. She remembered her first law partner and mentor as the person who taught her the importance of professionalism, “being the lawyer that your client expects you to be,” showing up well-dressed, and the importance of making the effort. Mr. Kaplan was a member of the Maryland Bar for more than 50 years. He worked in the public sector for the Internal Revenue Service and in private practice. Mr. Kaplan’s focus in private practice was fiduciary law, estate planning, estate administration, trust administration, and guardianship administration. He served as a fiduciary for “probably a thousand people,” ensuring finances were managed and bills were paid on behalf of the beneficiaries of estates. Mr. Kaplan cared for families who had lost someone and acted as a guardian for hundreds of people in a compassionate and kind way. Since his loss, Ms. Young has heard from the families of the wards regarding where Mr. Kaplan was to ensure that their son was not homeless or making sure bills were paid. Louis Kaplan’s example profoundly influenced Ms. Young who concluded that “his impact [is] like a stone in the pond, the ripples that Louis created with his compassionate service to those wards and their families is one thing that . . . has continued to impact me.”
Stuart Schadt was then called upon to remember his “second father,” mentor, friend, and colleague Martin Ignatius Moylan. Mr. Schadt first met Mr. Moylan when Mr. Schadt was a freshman in high school and became close friends with Mr. Moylan’s eldest son, Stephan. Mr. Schadt and Stephan formed an eternal bond and special friendship and attended the same high school, college, and law school. Mr. Moylan embraced Mr. Schadt and treated him as another son. At 86 years of age, Mr. Moylan lived a full life and “did his best to enjoy every minute of it.” Mr. Moylan was born and raised along with this three brothers and sisters in an Irish section of Baltimore known as the 10th Ward. During the Depression, Mr. Moylan learned that education, knowledge, and experience could bring him happiness and success. After high school, Mr. Moylan enlisted in the Navy THE ADVOCATE
and served on an aircraft carrier in the Caribbean. Thereafter, under the GI bill, Mr. Moylan received his undergraduate and law degrees from the University of Baltimore. Mr. Moylan initially worked in the insurance industry before working in private practice for over four decades and practiced with his son, Christopher, during the latter part of his career. He served on the Maryland Criminal Injuries Compensation Board, The International Association of Criminal Injuries Compensation Board, and was the chair of the National Association of Crime Victims Compensation Board. Mr. Moylan was “the consummate family man.” He loved and adored his “fairytale romance of love at first sight,” with his wife of 54 years, Birgitta. He was a supporting, proud, and loving father to his two sons, Stephan and Christopher, and his daughter, Martina, and his seven grandchildren. His sons followed his career path, the Honorable Stephan Moylan is a district court judge in Garrett County, and Christopher became a patent attorney, while his daughter Martina was a psychiatric nurse and later a pharmaceutical sales representative. Mr. Schadt described Mr. Moylan as a “true gentleman,” a strong advocate for his clients, cheerful and also often mischievous, with a “zest for life.” The Honorable Colleen Cavanaugh remembered her father, the Honorable Patrick Cavanaugh. Judge Patrick Cavanaugh started practicing law in 1974 and loved networking the “old-fashioned way,” face-toface. He found the Baltimore County Bar Association to be an invaluable networking tool, not just with regards to clients, but as a way of getting to know his colleagues. He loved the Bar golf outings and bull roasts. Judge Colleen Cavanaugh described her father as “an intelligent, but humble man who was always eager to learn.” He frequently attended the Bar Association’s educational seminars and found the practice of law to be more enjoyable when he knew the judges, magistrates, and opposing counsel as people with families and feelings. Although Judge Patrick Cavanaugh did not give special favors, “some cases could be settled over a club sandwich with opposing counsel, where cooler heads prevailed over
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posturing.” Judge Patrick Cavanaugh encouraged Judge Colleen Cavanaugh to join the County Bar right after she passed the bar exam, and he was eager to introduce his daughter to its members at the Bar banquet. Judge Patrick Cavanaugh’s proudest banquet was in 2007 after Judge Colleen Cavanaugh took the Bench in the orphan’s court and she was able to attend the judges’ reception with him. Judge Colleen Cavanaugh’s earliest memories are of attending her father’s law school graduation and swearing in at the Supreme Court. That is where her interest in law took root and she shared this interest with her father throughout his life. Judge Patrick Cavanaugh was hard working, but his sense of humor and fun were always evident. “He was more likely to chuckle at a ridiculous set of facts than to get upset or frustrated by them.” When Judge Colleen Cavanaugh was appointed to the circuit court, four short months after her father’s retirement, her father delighted in the fact that they had made history as the first father/ daughter judges in Maryland to sit on the same bench in the same county. So many of the Cavanaugh family’s milestones have been marked with the Bar Association and the courthouse family: Judge Patrick Cavanaugh’s investiture and retirement, Judge Colleen Cavanaugh’s investiture, Judge Patrick Cavanaugh’s portrait ceremony and his funeral mass in December 2019. The outpouring of condolences, kindness and sympathy from fellow attorneys and judges were a great comfort to the Cavanaugh family and the many anecdotes shared kept Judge Patrick Cavanaugh’s spirit alive. Judge Patrick Cavanaugh’s portrait hangs in Judge Colleen Cavanaugh’s courtroom. But a second portrait of her father hangs in her home. She looks at it often, “and his twinkling blue eyes continue to guide me.”
help people in tough situations he once found himself in” to ensure they had competent representation in court. “Just this year, he had received the 2020 Law Firm Pro Bono Award from the Pro Bono Resource Center. He was always willing to help anyone in need.” Committee Chairman Carr added personal insight remembering Mr. Connolly in law school as an eager participant who sat in the very front of every class and participated vigorously. But more importantly, Carr recalled a man whose kindness and eagerness to help exceeded all.
Michael F. Connolly was honored by his daughter Nicole Humphrey. Committee Chairman Kevin Carr shared Ms. Humphrey’s words with the Bar because she was unable to participate in the video conference. Mr. Connolly started to pursue a law degree at 39 years of age. After being sworn into the Maryland State Bar in 2007, Mr. Connolly was determined to
In Bob’s latter years his health forced him into assisted living. Mike routinely brought Bob his beloved “Colonel Lee” bourbon, at the whopping price of $16.00 a gallon. It was not clear from Mike’s remarks which of the two was being cheap. Robert Winkler is survived by his wife Kathy, children Richard and Haley, his five brothers, and his many
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Robert Winkler was remembered by his friend Mike Lawlor, once Mike could figure out how to unmute himself, and stop his phone from ringing. Mike and Bob met at Mt. Saint Joseph High School in 1959, a time when Bob, a “Towson boy,” took the number eight street car to school, then on 33rd Street. They “got out of St. Joe, because you don’t graduate from Catholic school you get out,” and Bob went on to attend the University of Maryland, and then Mt. Vernon School of Law, which at that time was merging into the University of Baltimore School of Law. Mike and Bob became roommates just as Mike himself was beginning law school. Bob began his legal career at “the Cut,” the penitentiary at Jessup. Hard as it is to believe, the two spent many a night imbibing at Alcazar’s Pub where they quaffed 10ounce beers for 15 cents. In 1974, Bob went to work at the Public Defenders’ Office in Towson, then run by his uncle, Paul Feeley. He later took the position of Public Defender in Harford County, where he found true fulfillment. However, he always maintained a small practice in Towson, at one time practicing with Dana Levitz and later with Mike, whose only “irritation” was that Bob would never bill his clients— not even for complex civil matters.
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brothers at the Elk’s Lodge.
California.
Howard Gerber was remembered by Peter McDowell as one of the colorful personalities of a bygone era of trial work in the District Court where an eclectic cast of characters tried cases before an equally interesting Bench. Names like Boone, Rellas, Pytash, Karceski, Donadio, Steinberg and Zerwitz were of the realm when Howard Gerber entered in his cashmere coat, flower in lapel, and assistant at his side. Always dapper, always polite, and soft spoken and never a bad word about anyone. He hailed from Harrisburg, Pa., and joined the Marines out of high school to fight in Vietnam, of which he rarely spoke. He then obtained his bachelor’s degree from the University of Pennsylvania and a master’s degree from Villanova before moving to Baltimore. Once here, he fell in love with charm of the City. He used to play the horses at Pimlico where he bet big on a horse and won big. That big win led to his purchase of a pub in Fells Point named, “The Horse You Came In On.” Enough lawsuits piqued his interest in the law, and he went on to attend the University of Baltimore School of Law. As an attorney, Howard exercised his intellect, his sense of the odds in his trial strategies, and gentle humor. He knew the odds of employing a bold, seemingly ridiculous defense in a DUI case to convince Judge Boone to acquit an client who acted out for Judge Boone just how she mocked the rude officer that pulled her over and how she intentionally failed all field sobriety tests. It was so ridiculous it actually raised reasonable doubt. In a gambling case with several defendants represented by the likes of Richard Karceski, Dennis Cuomo, and Craig Garfield, Howard took control of the State’s Exhibit which contained the names of the accused and asked, rhetorically, how it was the prosecuting Assistant State’s Attorney’s name (Pete McDowell) appeared on the betting sheet. It did not. But for a moment every face in the court room turned to a red-faced Assistant before breaking out in laughter. In that moment, all were reminded that as serious as the situation might be, a little humor could humble all of us trial lawyers who take ourselves so seriously. He is survived by his son Jason who lives in
Judge Cox summed up the remembrances with gratitude for the insights shared and a sober reminder that as we head into Thanksgiving in a time when we are “bombarded with statistics” from the pandemic, we should cherish the fleeting time we share with our members at the Bar and with our families. Judge Cox concluded by thanking Ann Marie Cordial for providing the music for the ceremony and to the Memorial Committee for persevering in these times and presenting the ceremony in a safe and honorable manner.
THE ADVOCATE
Memorial Committee Chair Kevin Carr thanked the members of the Bench, his committee. He praised Rachel Ruocco, Executive Director of the Baltimore County Bar Association, and her assistant Amber Gaines for the success of the ceremony in its first ever virtual ceremony, which was flawless. Finally, Baltimore County Bar President Jay Miller summed up his memory of each of the members who were remembered, including how his breaking up a bar fight at The Horse You Came In On while he was an undergrad introduced him to Howard Gerber and led to Mr. Miller working there as a bouncer while attending law school himself. He mused over one of Judge Cavanaugh’s last civil jury trials and how Judge Cavanaugh not so subtly convinced Jay, and a host of other defense attorneys, to settle a complicated case over the not-so-subtle threat of a mistrial.
With that, the proceedings were concluded. All and all, the ceremony was more than a virtual success.
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January 2021
WITH
DEAR JUDGE BYRNES, BEST WISHES FROM YOUR LAW CLERKS
By Tracee O. Fruman with special thanks to Marianne DePaulo Plant
On November 5, 2005, the Honorable J. Norris Byrnes (also known as JNB and “Judgie”) retired from the Baltimore County Circuit Court bench. However, Judge Byrnes did not truly hang up his robe until December 2020, when he retired as a judge in the Settlement Court. Although this occasion is not typically marked with much fanfare, Judge Byrnes is not a typical judge. One could say that an excellent judge leaves the most significant impression on the parties who come before him or her. Others might say it is the lawyers who learn the most. But as Judge Byrnes’s former law clerks, we are undoubtedly the greatest benefactors of what his Honor had to offer. So, I consulted with Judge Byrnes’s other former law clerks and asked them to share some favorite stories and memories from their respective years in Judge Byrnes’s chambers. Martha Gaines (1993-1994) said that “Judge Byrnes is the embodiment of justice. [He is] that rare combination of a brilliant mind and compassionate spirit. To top it all off, he has a fantastic sense of humor and a heart of gold.” Leslie Dobres Goldstein (1994-1995) recalls Judge Byrnes as a kind, compassionate and brilliant judge, employer, and mentor. She, along with all of Judge Byrnes’s former law clerks, enjoyed those “working” lunches at “the club” (get the crab cake!). “To this day, Judge Byrnes remains my favorite employer,” said Ms. Goldstein. What Carol Magid Johnson (1996-1997) recalls most from her clerkship was Judge Byrnes’s ability to take the most complicated situation and look through all the issues, emotions, and personalities to get to the key issues quickly and efficiently. This skill has continued to serve Judge Byrnes well as a settlement judge and certainly contributes to his reputation for fairness and efficiency when settling cases. “There was no conflict that was beyond his ability to mediate and no ego that was too big for Judge Byrnes to manage. If the THE ADVOCATE
decision makers were not in the room, he got them on the phone. Judge Byrnes did not see obstacles, he saw solutions,” said Ms. Johnson. C. Shea McSpaden (1997-1998) recalls the wonderful experience of working for Judge Byrnes. Ms. McSpaden said, “I have always admired the immense respect he has for the law and for everyone who appeared in his courtroom.” Ms. McSpaden describes Judge Byrnes as one of the kindest people she has ever met. “He is incredibly patient, quick to laugh, and always tries to put everyone at ease,” said Ms. McSpaden. She remembers when children would come to court with their parents for child support enforcement and Judge Byrnes would let them come up to the bench, look around, and then give them candy. “I am incredibly grateful that I had the opportunity to work for him and to know him as a mentor and a friend,” said Ms. McSpaden. Marianne DePaulo Plant (1998-1999) reported that “Judge Byrnes was an exceptional teacher and role model during [her] clerkship and has remained so in the many years since. He encouraged me to voice my opinions to him, saying that my job was like being his attorney. That got my attention!” Judge Byrnes is “a patient, thoughtful and fair judge, and sees the best in people. He took notes in pencil while carefully listening to witnesses and attorneys—noting his observations and allowing for corrections along the way,” recalls Ms. Plant. Once Judge Byrnes decided on his ruling, he wrote it decisively in red pen. He did not shy away from or postpone difficult decisions once he had the relevant law and facts. Judge Byrnes showed Ms. Plant the importance of careful research and preparation, keeping one’s mind open, showing respect for every person one encounters, and of course, the value of a good sense of humor. Judge Byrnes made Ms. Plant laugh “often and much” during her clerkship—either with a colorful expression (e.g., “they are fighting like Kilkenny cats!”), with a practiced joke or his quick wit. All joking aside, Judge Byrnes helped steer Ms. Plant’s career in large and small ways and has a very special
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January 2021
WITH
DEAR JUDGE BYRNES, BEST WISHES FROM YOUR LAW CLERKS
By Tracee O. Fruman with special thanks to Marianne DePaulo Plant
place in her heart. “I wish him a very happy retirement and look forward to seeing him at law club meetings and our lunches for many years to come,” said Ms. Plant. Kimberly Owens (2001-2002), who coined the nickname “Judgie,” recalls how Judge Byrnes taught her the difference between being done and being finished. When Judge Byrnes asked how far along Ms. Owens was in the opinion she was drafting, she said, “I’m done,” to which he replied, “a chicken is done, you are finished!” She has never made that mistake again. And truth be told, I am certain he taught me the same lesson. Judge Byrnes even presided over the adoption of Ms. Owens’s daughter, Anngelina (now 18 years old). As do many of Judge Byrnes’s law clerks, Ms. Owens and his Honor have kept in touch over the years. Ms. Owens said, with fondness, “He may have been my boss for one year, but he’s been my friend and father figure for the last 18 years.”
always two sides to the stories told in family law disputes. Mr. Mudd said that he learned more during his clerkship with Judge Byrnes than he ever thought possible about the role and importance of humanity and decency in the practice of law. “Thank you, Judge Byrnes, for all that you taught me, and all that you taught every clerk and lawyer to make their way through your courtroom,” said Mr. Mudd. I clerked for Judge Byrnes in 2003-2004. Judge Byrnes is and will always be my favorite employer. He taught me so much, and, I think, even learned a few things from me—notably, how to identify an authentic Louis Vuitton handbag carried by a family law litigant asking for more alimony. Judge Byrnes’s courtroom was a place of order. Who doesn’t have a story about someone who violated the dress code? My story involves a defendant who left the wrist tag on his suit sleeve to show Judge Byrnes that he bought a new suit for the occasion. But more importantly it was a place of great patience, fairness, and respect for whoever walked through the doors. Judge Byrnes took his job very seriously, and he did so with humility and humor, which is something I strive to do in my own practice. He could sum up a case with a witty turn of phrase (“Cherchez la femme!”) or boil down a dispute to a single sentence (“They hate each other more than they love their kids.”). This no doubt comes from many years of seeing it all. My clerkship was the single most educational year of my career and I feel extremely fortunate to have worked with such a well-respected, kind, and skilled judge.
Chris Keelty (2002-2003) said that one of the many lessons he learned from Judge Byrnes, besides never calling him Norris, was to always be fair and never play favorites. Mr. Keelty recalls one example involving his strict (some may call it infamous) courtroom dress code. One day, one of Judge Byrnes’s favorite attorneys, who shall remain nameless, came to court dressed in jacket, tie, and slacks. Judge Byrnes referred to this as cocktail attire. When Judge Byrnes took the bench, he immediately pointed to said attorney, requested he approach, and advised him to go home and change, which he did. “I am thankful for having worked for someone who applied the rules evenly and fairly,” said Mr. Keelty. Judge Byrnes, although our time working with you Christopher Mudd (2004-2005) looks back on his was short (a year of one’s career is not very long), clerkship as a year when he was “able to spend a year we hear your voice in our heads every day. You working alongside one of the most thoughtful, patient, used to say when an opinion became too wordy, “if I and fair people” that he has ever known. Specifically, had more time, I would have written you a shorter Judge Byrnes taught Mr. Mudd the importance of letter,” quoting Winston Churchill (and others to perspective, such as having an awareness of whom this quote is attributed). But the truth is, there underlying circumstances that caused a defendant to are not enough words to tell you how much we adore and respect you. Enjoy your official retirement! behave in a certain way; and that there were almost THE ADVOCATE
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January 2021
IN CHAMBERS WITH…. THE HONORABLE NANCY M. PURPURA By Matt M. Paavola
“You Can Take me in 1973 where she had a lot of fun (and, coming from Out of Highlandtown me as a fellow alum, was a guy magnet). She is one But. . . . “ of only a handful of attorneys to have graduated from Judge Nancy M. Patterson and the only judge in the history of this Purpura (née Maggitti) school! Like many ethnic parents, Nancy’s parents was born and raised in wanted her to work and earn her way through Highlandtown. To state college. As a result, Nancy’s college education was a that this fact influences very long journey culminating in her graduation from who she is today is an what was then called Towson State University. understatement. The Consistent with the times, Ms. Maggitti married Highlandtown of her Stephen Cohen while still in college. Her husband youth was an ethnic was very supportive and challenged her to continue hodgepodge of blue-collar Italian, Polish, Lithuanian her education, ergo, law school. and Greek descendants. Indeed, her father (first “The Paper Chase Did Not Scare Me” generation) and mother (second-generation) were It did not take long for Nancy to perceive that she did Italian immigrants. Dad worked hard at Bethlehem not fit the typical University of Maryland law school Steel as mom stayed home to raise the four daughters, student profile; nevertheless, she does not recall of whom Nancy was the youngest. She grew up being intimidated, except briefly in the very hearing Italian and was no stranger to the slur words beginning. Once again, her rugged individualism, describing her ethnicity. She had a straight-forward borne from her Highlandtown upbringing, prepared upbringing; there were no expectations. This fact has her for the experience. She took nothing for granted indelibly shaped Judge Purpura into the person she is and expected no free gifts. It was not easy to be a to this very day. new wife, new law student, new homemaker, all Hers was a typical working-class experience of life in while continuing to work part-time. Nancy had to the Highlandtown of the 60s and 70s. Kids from that kick her work ethic into a second gear and, cultural context learn resiliency. Predictably Nancy incredibly, sailed through law school. Writing skills attended a Roman Catholic grade school (Sacred Heart are to be credited – – no small thanks to those strict of Jesus), but, unlike her older sisters, Nancy was not nuns. a rule follower. She rebuffed her parents’ attempts to Indeed, legal writing continued to be her forte upon send her to nearby Catholic High School because it graduation and while working in the Felony Trai was for girls only. You might say Nancy had a little Division and later the Appellate Division of the rebellious streak; she threatened to fail the admission Office of the Public Defender. With appellate exam purposefully if her parents would not permit her advocacy, she practiced statewide, which kept the job to attend Patterson High, a coeducational public interesting. Eventually Purpura made her way into school. But Nancy does not begrudge her Catholic private practice but not before having two children. faith or education. While she questions some of the By the time she established herself in an Annapolis tertiary doctrine rife in those days, Nancy is eternally boutique firm, her children were situated in private grateful for the grammar foundation demanded by the schools in Towson – – Catholic, of course, teaching nuns. It led to excellent writing skills which reminiscent of her own Highlandtown training. continue to serve her well. Thankfully, her children were rule followers, unlike Nancy Maggitti graduated from Patterson High School mom, who still had to juggle a busy career and THE ADVOCATE
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January 2021
IN CHAMBERS WITH…. THE HONORABLE NANCY M. PURPURA By Matt M. Paavola
motherhood. But the commute grew wearisome, so she transferred her practice to Baltimore County where, through a series of coincidences, a door opened in 2001 for an opportunity on the County bench. “Have I Really Served Already for Two Decades?” Bear in mind that although Nancy Purpura never targeted the judiciary as a career goal, circumstances dictated otherwise. It is hard to believe but, “in those days”, women were still a rarity in the Baltimore County judiciary. She was appointed to the District Court by Governor Parris Glendening who had a keen interest in judicial diversity. This interest was published in a Baltimore Sun article which by happenstance came to Nancy’s attention. So, she quickly called upon her girlhood resiliency and deftly pushed her way through the process. Lo and behold, Nancy was one of several females on the newly diverse “short list.” The rest is history.
divorce can wreak. On the bench, her pet peeves include unprepared attorneys and judicial waste. Attorneys should make every effort to stipulate as to matters on which they can agree.. Accordingly, her advice to young attorneys is: be prepared! She adds that one should not take a courtroom loss personally. In every case there is a winner and a loser. You might not have gotten everything you sought, maintains Judge Purpura, but you must not take it personally, so long as you know you did your best.
Finally, Judge Purpura wanted to highlight for anyone reading this article her excitement at having been placed in charge of the new drug court for Baltimore County. Incredibly, we are one of the last jurisdictions to implement the same. It was way overdue. She relishes the idea of a court which seeks sentences intended to reform drug offenders Judge Purpura spent 10 years on the District Court rather than punish them. Here, here! bench. She thoroughly enjoyed it. The archives of the Favorite restaurant: Sotto Sopra Advocate include an interview from those early years Pet peeve: none describing her enthusiasm and comfort level with the job of calling balls and strikes in an adversarial setting. Favorite sports team: Ravens It did not bother her, as it might some of us, to declare a Favorite ice cream flavor: Cherry Garcia winner and a loser. She obviously performed the job well because, in 2010, then-Governor Martin O’Malley Favorite type of music or artist: love all music considered her for a vacancy on the Circuit Court. She except country/western eventually won his favor. Her Honor casually concedes Station on your car radio right now: WYPR that her judicial journey involved part skill, part luck, Guilty pleasure: sweets and partly being at the right place at the right time. She is quick to recall the adage that sometimes it isn’t a Favorite charity: Pathfinders for Autism matter of who you know, but rather whom you “get to Favorite book: To Kill a Mockingbird know” (I would volunteer that her Highlandtown grit Favorite movie: Moonstruck and charm probably also contributed to her success). Travel destination: Italy After 10 years on the Circuit Court bench, Judge Purpura still finds as her biggest challenge the six- One person you would like to meet: too many to month family law rotation. She loves children and name just one hates to see them thrust into litigation. Fortunately, the A member of the Baltimore County Bar system charges her to do what is in the best interest of Association who has passed you miss the most: the child so there is no personal conflict for her. But Judge John Coolahan (Halethorpe meets Judge Purpura laments that it is still sad to see the havoc Highlandtown) THE ADVOCATE
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January 2021
ANNUAL HOLIDAY PARTY—2020 EDITION By Michael Barranco
Bingo. Scavenger hunts. Ugly sweaters. Virtual spinning wheel. Prizes. There was plenty of holiday cheer and fun at the holiday party on the evening December 3, 2020. While the pandemic conditions of 2020 regrettably required that yet another cherished BCBA event be conducted virtually via Zoom, our BCBA Staff worked incredibly hard to make the best of the situation and raise the spirits of the members, and clearly succeeded. With dozens of participants, the occasion kicked off with Judge Jakubowski offering a toast to honor Judge Cox in light of her upcoming retirement. The Holiday Carol bingo, run by our Executive Director, Rachel M. Ruocco and daughter Oliva, was won by Michelle Siri. President Jay Miller could not understand why he did not have a single match on his bingo card until he realized he was prematurely playing the Holiday Movie card rather than the Holiday Carol bingo card. Lesson learned. Our own Jacob Bengel (LRIS Coordinator) enthusiastically took charge of the scavenger hunts. The first to produce an Elf on the Shelf was the Siris. Ralph Sapia and Lauren Deutch found menorahs first. Sue Zellweger found a holiday cookie cutter first and Kevin Carr produced a stocking first for his prize. In the second round of bingo, Kim Barranco and Wally Kleid were the first to win straight Bingo in the Holiday Movie Bingo Serious consideration is being given to banning Kim from future BCBA bingo tournaments as she has a curious knack for winning. Just when it seemed that no one would ever win the second prize, Ari Kodek won for filling in the “X” on his Holiday Bingo Movie card. Back to the scavenger hunt, Mike Barranco was the first to quickly find a wine bottle sweater (technically it was a Tito’s Vodka sweater, but the judges let it pass). Stuart Schadt had a candy cane nearby to snag his scavenger hunt prize. Judge Michael Siri just happened to have some mistletoe nearby then Richard Seitz and Kevin Carr located a baby Jesus first. The best, or worst, holiday outfit, depending on your perspective was won by Whitney Wilder (Third place), Syeetah Hampton-El (Second Place) and the undisputed champion of holiday outlandishness in outfit was Ralph Sapia. THE ADVOCATE
In the final round of the scavenger hunt, Suzanne Farace showed off a poinsettia for her prize and Wendy Zerwitz Shenker won with dreidels on her Hannukah pajamas.
Finally, a really cool virtual prize wheel (who knew such a thing existed!), operated by Amber Gaines, produced winners in Kiernan Waters, Wendy Meadows, Laure Ruth and Judge Cox, who claimed that she “never wins” random drawings. Next year, the BCBA plans to return to the friendly confines of the Towson Tavern where members will be happy to celebrate with each other in person. The BCBA wishes to thank this year’s sponsors of gifts, Danielle Winchester with ASAP Home Detention and Kiernan Waters with Minnesota Lawyers Mutual.
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January 2021
CIVIL LAW UPDATE By Ceecee Paizs
causal link between lead exposure and several neuropsychological issues but not mentioning ADHD. The Court of Appeals granted certiorari to address four questions, among them whether the Court should “adopt the standard for admitting expert testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 US 579 (1993).
Review of the Amicus Curiarum for October and November 2020 revealed the following civil cases of The Court of Appeals reversed and remanded, holding that expert testimony will no longer be evaluated interest: using the Frye-Reed test under Rule 5-702 but instead THE COURT OF APPEALS: must meet the threshold determination of being “not Stanley Rochkind v. Starlena Stevenson, No. 47, only relevant but reliable” as articulated in Daubert. September Term 2019, filed August 28, 2020. Citing Rule 5-702, the Court held that courts must determine if an expert witness (1) is a qualified expert Opinion by Getty, Judge. “by knowledge, skill, experience, training, or Ms. Stevenson filed suit against Mr. Rochkind as a education, (2) the appropriateness of the expert partial owner of the Fairview Avenue property she testimony on the particular subject, and (3) whether a resided in as a child, claiming that she was exposed to sufficient factual basis exists to support the expert lead paint resulting in major psychological disorders testimony”. In replacing the Frye-Reed test, the and Attention Deficit Hyperactivity Disorder Court set forth a non-exclusive list of Daubert factors (“ADHD”). At trial, a pediatrician filed a report it found persuasive when evaluating expert testimony concluding to “a reasonable decree of medical under Rule 5-702: probability” that Stevenson was poisoned by lead while living in Fairview and that the led poisoning was (1) whether a theory or technique can (and has been) a “significant contributing factor” to Stevenson’s tested; “neuropsychological problems, including her ADHD”. (2) whether a theory or technique has been subjected The admissibility of the report and the physician’s to peer review and publications; testimony was at issue through four trials. Rochkind filed motions for a Frye-Reed hearing to determine the (3) whether a particular scientific technique has a admissibility of the physician’s expert testimony known or potential rate or error; which was denied. After a jury verdict for Stevenson, a (4) the existence and maintenance of standards and new trial was held on the damages issue alone, with controls;… the court again denying a Frye-Reed hearing. On (5) whether a theory or technique is generally appeal, the Court of Special Appeals held that the accepted;… circuit court did not err in failing to conduct a FryeReed hearing on the physician’s testimony. On (6) whether experts are proposing to testify about appeal, the Court of Appeals applied Rule 5-702, matters growing naturally and directly out of research holding that the physician’s testimony as to the causal they have conducted independent of the litigation, or link between the led exposure and the ADHD was not whether they have developed their opinions expressly sufficiently supported, but did not address whether the for purposes of testifying; circuit court should have held a Frye-Reed hearing. In (7) whether the expert has unjustifiably extrapolated the third trial, the physician again testified that the lead from an accepted premise to an unfounded conclusion; exposure caused the ADHD, resulting in a mistrial. In the fourth trial, the physical testified again, stating a (8) whether the expert has adequately accounted for THE ADVOCATE
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January 2021
CIVIL LAW UPDATE By Ceecee Paizs
obvious alternative explanations; (9) whether the expert is being as careful as he [or she] would be in his [or her] regular professional work outside of his [or her] paid litigation consulting; and
(10) whether the field of expertise claimed by the expert is known to reach reliable results for the type of opinion the expert would give. The Court held that no single factor is dipositive and novel techniques no longer need to be distinguished. The new Daubert test is designed to assess the reliability, but “not the ultimate validity” of an expert’s asserted methodology or theory. THE COURT OF SPECIAL APPEALS:
Trina Moore v. Donegal Mutual Insurance Company, No 788, September Term 2019, filed September 30, 2020. Opinion by Graeff. Judge. Ms. Moore sued Belmont Hospitality, Inc. for negligence. Before trial, Donegal Mutual Insurance Co. (Donegal), through its adjuster, offered $18,000 to settle the case. After trial began, the adjuster stated that Donegal was willing to pay only $18,000 in response to a $21,500 courter offer by the Plaintiff. After Belmont moved for summary judgment, Ms. Moore’s counsel advised Donegal that she wanted to accept the $18,000 offer. The adjustor stated that the offer made two hours earlier was no longer available. The motion for summary judgment was denied and the jury returned a verdict finding Belmont was not negligent. Ms. Moore sued Donegal for the $18,000 claiming that Donegal breached the settlement agreement. The circuit court denied Ms. Moore’s motion for summary judgment but granted Donegal’s, finding that as a matter of law, that offer had lapsed because a reasonable amount of time had passed when the trial advanced to a different procedural posture.
acceptance, it must be accepted within a reasonable time under the circumstances or else it will lapse. In the present case, the question of whether the acceptance of the offer was made within a reasonable time is a question of fact, not of law, and the question of whether the offer being accepted prior to a final judgment within approximately two hours after the offer was stated to be still on the table was an acceptance within a reasonable period of time since there was no stated time for acceptance. Victoria Regina Trapasso v. Elliot N. Lewi, Personal Representative of the Estate of Thomas Edwin Kramer, No. 2843, September Term 2018, filed September 29, 2020. Opinion by Beachley, Donald, Judge. In 2003 Ms. Waltruad Regina and Thomas Kramer, without obtaining a marriage license, executed a “Marriage Agreement” and participated in a religious marriage ceremony, thereafter, holding themselves out as husband and wife. They purchased real estate as tenants by the entireties. In 2015, wife executed a deed purportedly transferring her interest in the property to a trust for which Ms. Trepasso became the Substitute Trustee. After wife’s death, the Substitute Trustee filed a petition to quiet title to the property, claiming that title to the property was tenants in common due to the invalidity of the marriage under Maryland law. Husband responded claiming that the marriage was valid and that as the surviving tenant he was the sole owner of the property. The trial court determined tat the parties were legally married, and therefore, husband was the sole owner of the property.
The Court of Special Appeals affirmed. Citing Feehley v. Feehley, 129 Md. 565 (1916), the Court of Appeals held that under Maryland’s common law, “a religious ceremony, in celebration of the civil contract, was sufficient to make the marriage lawful.” Id. At 569. The parties’ failure to obtain a marriage license as required by Section 2-401 of the Family Law article did not nullify the parties’ marriage where they The Court of Special Appeals reversed and remanded, executed a “Marriage Agreement” evidencing their finding that an offer is a conditional promise, and the intent to be married and participated in a marriage offeree has the power to accept the offer and create a ceremony officiated by their priest. Therefore, the contract. If an offer provided no specified time for THE ADVOCATE
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January 2021
CIVIL LAW UPDATE
YOUNG LWYERS HOLIDAY TOY DRIVE TO BENEFIT CASA
By Ceecee Paizs
marriage was valid and the deed purportedly transferring wife’s interest in the tenants by the entirety to a trust is invalid. Husband became the sole owner of the property by operation of law upon her death. Carlton Green v. State of Maryland Commission on Judicial Disabilities, No. 3467 and No. 2799, September Term 2018 filed September 30, 2020. Opinion by Graeff, Judge. Mr. Green filed a complaint with the Maryland Commission on Judicial Disabilities against a judge. The Commission dismissed the complaint without a hearing. Mr. Green then filed two complaints in circuit court, one seeking judicial review of the dismissal and the other seeking a declaratory judgment that the Commission’s procedure denied Mr. Green due process. The circuit court dismissed both complaints, finding that the appellant lacked standing to challenge the Commission’s decision. The Court of Special Appeals affirmed holding that the purpose of the Commission is “to maintain public confidence in the integrity, independence and impartiality of judges and the judicial system” and not to vindicate any individual person’s interest.
THE ADVOCATE
By Nicole Rush
As with all things 2020, the Young Lawyer’s toy drive looked a little different this year. While we couldn’t all get together and enjoy lunch with donations from local restaurants, we were still able to collect a list full of toys for CASA. The staff at CASA made things easy this year and created an Amazon wish list based on the desires of children currently in their care. The members of the Baltimore County Bar generously bought out that list of toys and went above and beyond by also donating $350 in Amazon gift cards and $100 in Giant gift cards. Lisa Turner, an Advocate Supervisor at CASA, stated that upon returning to her office, she “felt like a child on Christmas morning. There was a table full of so many gift cards, art projects, books, basketball and footballs, as well as many other items – something for kids of all ages!” She sent her thanks to our Association for the overwhelming generosity. The Young Lawyers are always happy to support CASA, which provides individual advocates for foster children who have been abused, neglected or abandoned. This year it was especially important as CASA is President Jay Miller’s charity for the current bar year! To learn more about CASA, please visit https://casabaltco.org/. Thank you for all who donated to make this toy drive a success!
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January 2021
VOCATIONAL
FAMILY LAW COMMITTEE REHABILITATION IN THE TIME By Alaina L. Storie
The issue of alimony in divorce cases is always a highly contested, subjective matter, which has been made more complicated by the risks, regulations, shutdowns, health and safety concerns, and uncertainty brought on by COVID-19. Often times a party will engage the services of a vocational rehabilitation expert to assess the employability and earning capacity of the party seeking alimony. COVID -19 has introduced new challenges for experts rendering these opinions. On November 19, 2020, the Family Law Committee welcomed Steven Shedlin, M.Ed., CRC, the owner of Rehabilitation Experts of Maryland, Inc., to speak on this timely topic. Mr. Shedlin presented to over 35 attendees for this webinar. He gave a general overview of the role of a vocational rehabilitation expert, including the process to determine employability and earning capacity, and render his opinion in family law cases. He discussed in what types of cases this type of expert opinion would be most useful, and examined how the pandemic has affected his opinions, and how those opinions have been received by the judiciary. We learned that the basics remain unchanged – the expert is going to question whether skills are stale; how long the party been out of the labor market; what is the party’s work history? He will look at the jobs the party has applied to, what they have done to separate themselves from the pack, and their attitude towards employment. There are specific industries that have certainly been more severely affected by the pandemic, including leisure and hospitality, food services, construction, retails and other service industries. However, other industries are on the rise and a party may be able to begin work on a part-time basis and then transition to a full-time position. The expert still has the ability to opine as to the party’s skillset, what employment exists now and what would
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OF
COVID-19
be available to the party; the primary questions become when that party can reasonably be expected to be a part of the workforce and if they have transferable skills or could be retrained in a more placeable occupation. Other considerations Mr. Shedlin cited are the party’s age, health, health issues of others in the household, having children who are attending school remotely, and even the person’s risk-aversion to COVID-19. Mr. Shedlin explained that the judiciary has been taking notice of a party’s age and any underlying health conditions that may make him or her more at risk during this time. Further, now that the world has moved to a significant work-fromhome and remote platform, that could present challenges in obtaining initial employment as the traditional interview and monitoring of job performance does not exist. The essential takeaways from Mr. Shedlin’s presentation are that the method of vocational rehabilitation remains the same, but the length of time for a job search may have to be adjusted and we have to look at “placeability” (who will hire this person?). Bottom line is that experts and the judiciary are acknowledging the pandemic’s effect on employment, so that is something for us as family law practitioners to keep in mind when advising our clients on what to reasonably expect when it comes to alimony. Thank you again to Mr. Shedlin for his time and thoughtful presentation, and to all attendees for their insightful questions and comments. The Family Law Committee looks forward to seeing everyone in this New Year.
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January 2021
BENCH/BAR COMMITTEE REPORT By Suzanne K. Farace
and he thanked ASAP Home Detention and Minnesota Mutual Lawyers Insurance for sponsoring that event. Bar Association Membership dues have been sent electronically and by mail. Many members have already paid on-line through the website. He further reported that the Association has passed amended bylaws allowing certain non-lawyers, such as other legal professionals, to join the BCBA. There will be a “Chopped” charity fundraiser on February 11, 2021. Anyone who wants to be a contestant must register by January 25th and on-line voting will be from February 3rd to February 11th. Office of the State's Attorney
applicants to have a round of interviews with firms in Baltimore County. There will also be a 21-week challenge to learn about racism following the Town Hall program. Harford County Bar Association
Reporting for the Harford County Bar Association, Deb Schubert submitted a written report. There is a Judge in court every day in District Court and a criminal docket daily. The Courts are doing what they can to hear matters virtually. There is a District Court/Circuit Court form to complete on MDEC to have a matter heard virtually.
Other matters Reporting for the Office of the State’s Attorney, Scott Schellenberger indicated that the office has reviewed The following committees did not have anything new the cases of 150 individuals who are scheduled for to report: Criminal Law Committee and Family Law Committee. There was no report from the Bar release soon, to see if they can be released early. Association of Baltimore City and the Portrait Office of the Public Defender Committee. Reporting for the Office of the Public Defender, James Judge Jakubowski thanked Judge Cox for her Dills indicated that telework in that office continues. leadership and exceptional work for the Court these Baltimore County Office of Law past many years and all congratulated Judge Cox on Reporting for the Office of Law, Greg Gaskins also her retirement. indicated that telework in that office continues.
There was no additional new business or old business to discuss. After a motion to adjourn, which was Young Lawyers Committee seconded, the meeting was adjourned. The next Reporting for the Young Lawyers Committee, Nikki meeting will be held on January 14, 2021. Rush provided information as to their virtual fundraiser for CASA, which involves buying toys and activities for children from a list established by that organization on Amazon. Diversity and Inclusion Committee Reporting for the Diversity and Inclusion Committee, Eric Steiner indicated that in 2021, there will be a twopart Town Hall-type program on Racial Injustice being done in conjunction with Dean Russell McLain from the University of Maryland School of Law. The first part will be educational and the second part will focus on “having the courageous conversation.” The BCBA Professionalism Committee is a co-sponsor of this program. The committee is also working on a “summer scholars pipeline” program to allow minority THE ADVOCATE
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MY TRIAL DATE IS WHEN? - ARBITRATION OF DIVORCE AND MARITAL PROPERTY ISSUES AS A TIMELY ALTERNATIVE By Anthony Bartlett
On December 1, 2020 the BCBA ADR and Family Law Committees hosted a CLE on Arbitration of Family Law Cases. The program was presented by the Hon. Diane Leasure (Ret.). Judge Leasure outlined her experience in commercial and construction litigation prior to taking the bench as well as her current role as a mediator, arbitrator and American Arbitration Association panel member. Arbitration of family law matters is a relatively recent development compared to construction and personal injury matters that have a long history of arbitration. Like other matters, the decision whether to arbitrate a family law matter requires an analysis of the pros and cons. The pros include a faster resolution, the choice of a trier of fact, the ability to limit discovery, and no public disclosure for public figures or those with problematic tax filings. Conversely, the cons include paid arbitrator vs. “free” judge, limited discovery is not appropriate in all cases, limited grounds for overturning an arbitration award, and no right of appeal.
Family law litigants may arbitrate all or just some marital property issues such as grounds for divorce, alimony and alimony modification, marital property, and monetary award. Custody determinations, generally, are not the subject of arbitration, but the Kovacs case seems to leave some room for that as long as the circuit court exercises independent judgment to determine whether the best interests of the children are met by the arbitration award. Arbitrating parties should enter into an arbitration agreement addressing scheduling deadlines, scope of discovery, procedural and evidentiary issues, as well as the responsibility for arbitration fees. Unless the parties agree otherwise, the Md. Uniform Arbitration Act, Cts. & Jud. Proc. Section 3-201 et seq., will apply. The arbitration proceedings can occur at a in person at a law office or remotely, as we have all become familiar with remote proceedings. Parties can call witnesses and present evidence at the proceeding as well as submitting documents and/or expert reports in advance by agreement of counsel. The arbitration award may then be incorporated into a judgment of divorce or other court order for enforcement purposes. With the current backlog of cases, many family law clients may find arbitration a better alternative to a traditional judicial trial. Speaking of arbitration, did you know that the BCBA Fee Arbitration panel provides both mediation and arbitration of fee disputes between attorneys and clients? In order to qualify for the BCBA program, there must be a written agreement to mediate or arbitrate in your retainer agreement; or, the parties can voluntarily agree to this process even without a written provision in a retainer agreement. More information can be found on the BCBA website under the “Non-Lawyers” heading or by contacting the BCBA office.
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WHAT COULD POSSIBLY GO WRONG: HOW TO AVOID LITIGATION YOU CAN, AND WIN IT IF YOU MUST
IF
By Michael Lentz
Pirate lore reminds us that “dead men tell no tales.” But, of course, their heirs certainly do. Often, those well-spun tales lead to stress and expense, and sometimes litigation, for those left behind.
Planning and administering an estate are fraught with potential pitfalls or traps for the unwary that can lead to protracted, expensive litigation, all without the benefit of the presence of the deceased, who could likely eliminate any such disputes almost immediately. On November 18, seasoned fiduciary litigator Michael Lentz presented What Could Possibly Go Wrong: How to Avoid Litigation if You Can, and Win It if You Must, to the Estates and Trusts Committee of the BCBA. Michael’s presentation – via Zoom due to the pandemic, of course, highlighted potential pitfalls that might arise during the planning or administration of an estate, and suggested practice tips to avoid them.
problems, such as a potentially incompetent testator, an inattentive personal representative, or the filing of improper claims against an estate. Attendees learned the basics of a will contest, and of other potential litigation that might arise during the administration of an estate. The presentation focused heavily on the dangers of undue influence, and the potential red flags for planners to recognize and avoid. In a flashback to our law school days, attorneys were presented with a hypothetical client, then broke into four small Zoom groups to discuss potential issues and best practices for solving the client’s problem while avoiding the potential issues.
After finishing the group hypothetical exercise, attendees returned to the main Zoom room to hear about two very recent developments in Maryland law: revisions to the manner in which spousal share is calculated, and the creation of a new tort, Tortious The presentation explained some of the root causes of Interference with Expected Inheritance. fiduciary litigation both before and after death, and included practical tips for avoiding common Both developments were so new that they will almost certainly be the subject of future presentations.
DIVERSITY &
INCLUSION
In 2021, implementation of several events and educational programs by the Diversity and Inclusion Committee will begin. This includes a two-part event in February hosted by Russell McClain, Dean of Diversity and Inclusion of the University of Maryland Carey School of Law; The Challenge - a 21 week educational commitment on understanding racism; and the Summer Scholars Program, which will place diverse law students selected by specialty bar associations with law firms throughout Baltimore County. In conjunction with the Professionalism Committee, Russell McClain, Dean of Diversity and Inclusion at the University of Maryland Carey School of Law, will host a two-part event. Part One focuses on educating our membership on racism and bias and Part Two will THE ADVOCATE
COMMITTEE UPDATE
By Judge Michael W. Siri
be a facilitated discussion of the Baltimore County Bar Association’s role related to the same. An announcement related to dates and time shall be released in the near term.
Beginning in early March 2021, the “21 Weeks in 2021 Challenge” begins, where all participants will receive a short article to read or video to watch related to racism or bias. The program includes a facilitated discussion with licensed social works and phycologists on a monthly basis regarding the past materials. Participation is free; however, the BCBA need sponsors to defray the cost of the licensed professionals assisting with the group discussions. Participation and sponsorship information can be found at www.bcba.org in February.
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VALLIT ADVISORS WEBINAR SERIES By Zach Reichenbach
What a year 2020 has been. Like so many companies, we at Vallit Advisors anticipated 2020 to be a banner year. The economy was steaming along, with unemployment rates being the lowest in decades and one of the biggest challenges most companies were facing was finding qualified employees to meet the demand of clients and customers. Then, COVID hit in March 2020. Social interaction as we knew it was turned upside down. Vallit Advisors, like so many companies, had to create new ways to interact with our clients and referral sources and share information about various topics using technologically advanced formats like Teams, Zoom, and Google Hangout. Employees started working from home, much to the trepidation of many employers. Businesses in the US and around the world were forced to utilize technology like never before to continue operations.
legal issues COVID was generating in the real estate business sector. Mark W. Norris, CPA/ABV, ASA, CVA, MAFF with Vallit Advisors, LLC shared various aspects of valuing an entity that owns real estate. Discussion focused on discounts for lack of control and lack of marketability and how COVID could impact these discounts. June 11, 2020 – Bankruptcy During COVID-19 The negative economic impact COVID has had on businesses is significant. Many companies have had no option but to go out of business and declare bankruptcy. Paul Sweeney, Managing Partner with Yumkas, Vidmar, Sweeney & Mulrenin discussed various options a business owner has when declaring bankruptcy, including filing for Chapter 7, Chapter 11, and Chapter 13. Carl Miceli, President of Miceli Appraisers & Liquidators, Inc. shared information on the impact COVID was having on machinery and equipment appraisals in various industries including restaurants, fitness centers, retail stores, liquor stores, auto industry, food processing, farming equipment, jewelry stores, aviation, medical/ healthcare, cannabis, and construction. Zachary C. Reichenbach, CFA, CPA/ABV/CFF, a Director with Vallit Advisors reviewed how the approach to valuing businesses has been impacted by COVID along with issues that must be considered if a company is considering filing for or is in bankruptcy.
Once it became apparent that face-to-face interaction was at risk and most, if not all business lunches, happy hours, meet and greet outings and conferences were going to be canceled, the team at Vallit Advisors committed to provide a series of eight webinars with six local bar associations. A common theme of each of the webinars was how COVID had impacted business as usual, our economy and other topics of interest to the bar association membership. The participating bar associations included Baltimore County, Anne Arundel County, Baltimore City, Howard County, Montgomery County, and Prince George’s County. The following represents a summary of each of the June 25, 2020 – So, the Quarantine Didn’t Make webinars presented in 2020. You & Your Spouse Closer? May 28, 2020 - COVID-19: Assessing the Impact on For spouses who had difficulty living and being Real Estate Values close to each prior to COVID, the implications of Tom Weigand, MAI, with Treffer Appraisal Group, being quarantined together would appear to represent discussed the impact COVID was having on real estate a volatile situation. Therefore, we thought a webinar values in the Maryland and DC market. James P. on this topic was appropriate. The Honorable Diane Lighthizer, SIOR, CCIM, with Chesapeake Real Estate O. Leasure (Retired) and Craig P. Ward, Esquire Group, LLC reviewed how COVID was impacting the with Royston, Mueller, McLean & Reid, LLP shared commercial real estate market. Information was numerous issues from a legal perspective on how provided from the perspective of a tenant, landlord, COVID was impacting divorce matters. One of the developer and operator. James W. Constable, Esquire, many topics discussed included the Chief Judge’s with Wright, Constable & Skeen, LLP shared various Administrative Order dated May 22, 2020 that THE ADVOCATE
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VALLIT ADVISORS WEBINAR SERIES By Zach Reichenbach
contained five phases. Kristopher R. Hallengren, CPA/ABV/CFF, ASA, MSF, a Managing Member with Vallit Advisors discussed how COVID was impacting various services he typically would provide in a marital matter including, but not limited to business valuations and household income analysis. July 9, 2020 – The Perfect Storm: Why Now May Be the Best Time for Estate Planning COVID has negatively impacted many industries, including, but not limited to travel, entertainment, retail shopping, dining, and healthcare. Many businesses that operate in these industries and businesses that sell goods and services to businesses in these industries have been negatively impacted financially. As a whole, the value of these businesses has generally decreased when looking at the overall effects of COVID to a variety of businesses. Such a decrease in value could represent an opportunity to conduct some estate planning. In addition, the possibility of the Democratic Presidential Nominee, Joe Biden (now President-Elect) winning the presidential election represents an additional incentive to seriously consider estate planning. Frederick R. Franke, Jr., Esquire, Managing Attorney of Franke Beckett, LLC and Lisa M. Whitcomb, Director of Wealth Strategy with Glenmede Private Wealth not only discussed numerous reasons why estate planning should be conducted, but reviewed various strategies. R. Christopher Rosenthal, CPA/ ABV/CFF, ASA, AEP, Managing Member with Vallit Advisors discussed how COVID has impacted business values and the benefits associated with this and estate planning. October 1, 2020 – Cyber Issues During COVID-19: Understanding the Legal Obligations, the Risks and How to Mitigate Them COVID and the requirement for social distancing has required businesses to rely on technology more than ever. As a result, data security incidents are at an alltime high. Eric Fiterman, CTO with Cignal discussed various topics including data security, cyber security, and ransomware. Howard Feldman, Esquire, CIPP/ THE ADVOCATE
US, a Partner with Whiteford, Taylor and Preston discussed the increasingly complex legal environment that cyber law represents at all levels. Mr. Feldman also touched on private lawsuits, government enforcement actions, contract enforcement actions and business, financial and reputational risks. A 10-step action plan was provided regarding compliance and mitigation. Mike Volk, Vice President, Cyber Risk Solutions with PSA reviewed issues related to cyber insurance. Topics included what typical policies cover and how cyber insurance supports incident response. Zachary C. Reichenbach, CFA, CPA/ ABV/CFF, a Director with Vallit Advisors discussed what happens after a theft or misappropriation has occurred. Topics included determining what documents are needed to assess the economic damage incurred, identifying what assets have been negatively impacted, examples of misappropriation and the need to bring in experts such as forensic accountants and cyber security specialists. October 15, 2020 – Breach of Contract and Damages During the Indefinite Pandemic COVID has produced significant economic stress on our economy which, in turn, has negatively impacted many businesses. Many companies have experienced a reduction in operations, and some have ceased operations all together. As a result, the ability for many companies to fulfill obligations required in contracts has been jeopardized. Consequently, many contracts have been breached, with economic damages being incurred by the parties involved. Lane Hornfeck, Esquire, Litigation Shareholder with Shulman Rogers, and Vice President of the Commercial Litigation Department discussed two types of damages as a result of a breach of contract: compensatory and punitive. Ms. Hornfeck also discussed breach of contract defenses including impossibility, impracticability, and frustration of purpose. R. Christopher Rosenthal, CPA/ABV/CFF, ASA, AEP, Managing Member with Vallit Advisors
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on the taxation of estates. Several planning strategies were also discussed. Zachary C. Reichenbach, CFA, CPA/ABV/CFF, a Director with Vallit Advisors provided an example of how an increase in income tax rates would negatively impact the value of a business. Mr. Reichenbach also reviewed additional issues valuation analysts have had to consider when valuing October 29, 2020 – The New Business Normal: businesses because of COVID. Working Remotely and the Legal and Control Issues It was a pleasure and an honor for the team at Vallit You Need to Know About Advisors to be able to work with the six bar COVID and the requirement for social distancing has associations and all the presenters in providing the required businesses to rely on technology more than above webinars. For additional information on any of ever as much of the workforce has been required to the above webinars, feel free to contact either Mark work remotely. Working remotely has various issues Norris, mnorris@vallitadvisors.com (443-482-9500, that businesses have not had to deal with before. ext. 102) or Zach Reichenbach, Russell B. Berger, Esquire, Labor and Employment zreichenbach@vallitadvisors.com (443-482-9500, ext. Principal and Department Chair with Offit Kurman 111). discussed key stats on employee fraud, COVID-19 legal issues, remote work policies and legal risks of remote work. Zachary C. Reichenbach, CFA, CPA/ ABV/CFF, a Director with Vallit Advisors discussed internal control issues related to working remotely. In addition, Mr. Reichenbach discussed theft of cash and misappropriation of various assets, and the related damages incurred. discussed the differences between lost value and lost profits because of a breach of contract. Mr. Rosenthal also reviewed various methodologies to calculate lost profits and lost business value. In addition, he discussed causation issues as it relates to the wrongful act and damages.
December 3, 2020 – Considerations of Tax and Valuation Issues in 2021 Our last webinar took a break from issues related to COVID and focused on a tax update, potential tax issues related to estate and gift taxes under a Biden administration tax plan, and business valuation issues impacted by these changes. Mary-Kay Leary, CPA, MST, Partner with Fitzpatrick, Leary & Szarko, LLC reviewed Paycheck Protection Loans (“PPP”) and related forgiveness. In addition, Ms. Leary reviewed various aspects of the Cares Act and related planning tips. Finally, she reviewed what may be on the horizon in a Biden administration tax plan. James A. List, Esquire, Owner of James A. List, LLC focused on estate and gift tax planning issues. After a brief review of the history of estate exemptions and estate tax rates, Mr. List provided some insight on the impact a Biden Administration tax plan would have THE ADVOCATE
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MVLS EXPANDS HUMAN TRAFFICKING PREVENTION PROJECT
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The Baltimore County Lawyer Referral & Information Service is fully operational. Please direct the public to call 410-337-9100 Monday—Friday from 9:00 a.m.—3:00 p.m. to be referred to a lawyer. Interested in more clients? The 2020-2021 Lawyer Referral & Information Service Panel Application is available 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.
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PROFESSIONALISM IN THE ‘INTERESTING’ TIMES IN WHICH WE LIVE By Ari J. Kodeck
The events of January 6, 2021 (and all of 2020) bring to mind an ancient proverb: “May you live in interesting times.” Given the unimaginable chaos that recently transpired within the walls of the Capitol Building, I turned inward towards the core values of my profession. In doing so, what I found was not surprising, but rather served as a timely reminder of our accountability as legal professionals. The Maryland Rules of Professional Conduct contemplate our role as a pillar of freedom and individual rights. Where, you ask, is this amazing language? I thought you would never ask. In the Preamble of the Rules, Section 19-300.1, these three paragraphs are so pertinent to the current state of affairs:
our profession and paragraph five speaks to this. [13] Attorneys play a vital role in the preservation of society . . . The use of the pejorative phrase “the first thing we do, let’s kill all the lawyers,” misses the real meaning of the Shakespeare’s Henry VI line. In essence, as lawyers, we are the last defense against tyrants and the elimination of individual freedoms. In today’s anxious and unsettled world, our role is of the utmost importance.
How do each of us best put to use these principles in our practices and personal lives? That is for you to contemplate. To all my fellow defenders of [1] An attorney, as a member of the legal democracy, stay safe and remain true to thine profession, is a . . . public citizen having special profession. responsibility for the quality of justice. As legal professionals, we have a special responsibility to the quality of justice. Now more than ever, we must be committed to the equal and fair application of the rule of law in our society. [5] An attorney's conduct should conform to the requirements of the law, both in professional service to clients and in the attorney's business and personal affairs. An attorney should use the law's procedures only for legitimate purposes and not to harass or intimidate others. An attorney should demonstrate respect for the legal system and for those who serve it, including judges, other attorneys, and public officials. While it is an attorney's duty, when necessary, to challenge the rectitude of official action, it is also an attorney's duty to uphold legal process. Our conduct, whether in our professional roles or in our private lives, directly affects those around us. In this instance, the last sentence of this paragraph rings especially true when viewed through the events of January 6, 2021. There are times to challenge official action and times to uphold the legal process. The rule of law is the foundation of our democracy. The EQUAL AND FAIR administration of justice within the rule of law is the most important underpinnings of THE ADVOCATE
LAW LIBRARY NEWS By Scott Stevens
Phase II News While the Judiciary is in Phase II of the COVID reopening plan, the Law Library will be closed to everyone. Staff will be working remotely. Please call us at 410-887-3086 if you need our assistance. New Titles The following books were added to the law library collection: Birth Rights and Wrongs by Dov Fox. Oxford, 2019. KF 3760.F69 Can They Do That? Understanding Prosecutorial Discretion by Melba Pearson. American Bar Association, 2020. KF 9640.C36 Constitutional Analysis in a Nutshell by Thomas Baker. West Academic Publishing, 2019. KF 4550.Z9.W53 Constitutional Law in a Nutshell by Jerome Barron& Thomas Dienes. West Academic Publishing, 2020. KF 4550.Z9
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2021 LAW DAY THEME ANNOUNCED
WELCOME NEW BCBA MEMBERS! Law Students Nathan Henderson Adams Hayley Curran Lucas 1st Year Liam Edward Rhodes Vincenzo Culotta Government/Non-Profit
Hossein R. Parvizian Kinda E. France Legal Associates Tammy Daily
Christine Micklos-Nadolny Vanessa Nadolny Mary S. Nullally Andrea D. Shrieves Karen Teichan Paula Valese
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.
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YOUR AD COULD BE HERE! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9103 for advertising rates THE ADVOCATE
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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. 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.
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