Advocate June 2019

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVIII, NO. 12

June 2019

PRESIDENT’S MESSAGE

by Rebecca A. Fleming As I sit and write my last President’s Message, I wonder how it is possible that this year has flown by so fast. It feels like I was just pondering my remarks for my installation. In the blink of an eye, the year has ended. Many people have asked me if I am ready to step down, and the truth is that I am not. I have told everyone who asks that I am not sure if there is going to be a smooth transition of power.

I haven’t decided yet. Please come to see the announcement of my decision at the Stated Meeting on June 20, 2019 at 4:30 p.m. at Ceremonial Courtroom 5.

Immediately following there will be a reception at Towson Tavern to honor Michael Siri, who may or may not become President.

Since I definitely still have a few weeks left, of course, there is still work to be done. The Annual Golf Outing is on Thursday, May 29, 2019 at Towson Golf and Country Club. This will be our last chance to raise funds for the American

Foundation for Suicide Prevention.

As of the writing of this message, we have raised approximately Twenty-two Thousand Seven Hundred Dollars ($22,700.00).

The golf event should easily take us over Twenty-five Thousand Dollars ($25,000.00). That is an impressive amount, and more than we have raised for our charity partner since I have been keeping track.

I think back to when I chaired the Young Lawyers Committee and ran the Annual Bull and Oyster Roast. In that year we raised what I thought was an impressive amount of money for the charity.

It was the year that Deb Shubert was the President and she had selected a women’s shelter for her charity. That was a tough charity to raise funds for because their clientele did not have money to purchase tickets, nor access to silent auction items to donate.

Inside This Edition Bar Wars Bench/Bar Update Calendar of Events Committee News County Council Update Court Notices Day of Service District Ct Assignments Family Law program Law Day Law Library News Member Ads Member News Orioles Game Portrait Committee Professionalism

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June 2019

PRESIDENT’S MESSAGE

by Rebecca A. Fleming But I remember being so proud of the amount of money that the Bull Roast raised that year, and I remember keeping track of the amount that was raised in the years that followed. As my friends rose through the ranks and led that committee (Dave Luby, Mike Siri, Wendy Meadows, Rob Erdman, Alaina Storie, etc.) we always challenged each other to raise more funds than our predecessor. I would say there was a little bit of friendly competition involved, but we always rooted for the current chair to outraise the last.

It is my great hope that each year the BCBA President will attempt to raise more funds for his or her charity partner than the last. Our members are generous and kind individuals. I have been amazed at how many have contributed to our charity in some way over the course of the past year. Some have purchased tickets, sponsored events, bid on auction items, purchased raffle tickets, and some have just sent money to the bar office. I am looking forward to seeing the final number for this year, and to announcing that total at the Stated Meeting when we will present a check to the American Foundation for Suicide Prevention. I look forward to President-elect Siri’s announcement of his charity and I know that our members will be just as motivated to raise funds for that partner.

Rachel Fuller. The success of our programs and events is, in large part, the result of their hard work behind the scenes.

I look forward to seeing everyone at the Stated Meeting on June 20th. I also look forward to seeing everyone at the MSBA Annual Conference in Ocean City from June 12th through June 15th, when we will have the pleasure or witnessing our own Past President Dana Williams be installed as the next MSBA President. I am sure everyone joins me in congratulating outgoing MSBA President, the Honorable Keith Truffer, on a job well done, and congratulating Dana on his ascension to the throne!

While you are there, please don’t forget to stop by the BCBA Cabana at the Clarion Hotel.

That will be my last hurrah as the BCBA President…..maybe….

Rebecca A. Fleming, Esquire BCBA President, 2018-2019

I must say that I have enjoyed every minute of the past year. That is not to say that every minute has been easy, because that is certainly not the case.

Leading this great organization is hard work. It is time consuming. It is challenging. But at the end of the day, it is a personally rewarding endeavor. I will forever be thankful for the opportunity to serve as President of the Baltimore County Bar Association.

I want to take this opportunity to thank the Executive Council. Each of them has been a blessing to me, and to this association, and as I take a step away from leadership (maybe), I know this association is in great hands.

I would also like to thank our team of Rachels – Executive Director Rachel Ruocco, Lawyer Referral Director Rae Wyatt, and Membership Director

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June 2019

C ALENDAR

2018-19 Officers President Pres-Elect Secretary Treasurer

OF

E VENTS

Rebecca A. Fleming Michael W. Siri Jay D. Miller Stanford G. Gann, Jr.

June 2019

Executive Council John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr. Tyler J. Nowicki Adam T. Sampson, Immediate Past President

The Advocate Ari J. Kodeck Committee Chair Adam E. Konstas Committee Vice-Chair

Contributing Writers Jennifer Aist Michael Barranco Mariela D’Alessio Susan Francis Tyler Nowicki Cee Cee Paizs Adam Phillips Raphael Santini Paul Schwab Alaina Storie Matt Wyman

The Advocate is a monthly publication of the Baltimore County Bar Association informing its members about current events relating to law.

Articles do not necessarily reflect the official position of the BCBA and publication does not constitute an endorsement of views expressed.

The contents of advertisements are the responsibility of the advertisers and are not recommendations or endorsements by The Advocate.

4.

Memorial Committee Planning Meeting, 4:30pm, Grand Jury Room 5.

Historical Committee Meeting, 4:30pm, Grand Jury Room 6.

Bench/Bar Meeting, 8am, 4th Floor Conference Room 12.

Lawyer in the Lobby Clinic, 4:30 —6:30pm 12-15 MSBA Annual Conference, Clarion Hotel, Ocean City 18.

Pro Bono Committee Planning Meeting, 4:30pm, Grand Jury Room 20.

Bar Foundation Meeting, 3:30 p.m., Ceremonial Courtroom #5 20.

Stated Meeting and President’s Reception, 4:30 p.m.

Ceremonial Courtroom #5 24.

Professionalism Committee Planning Meeting, 4:30pm, Grand Jury Room 26.

Lawyer Referral Committee Planning Meeting, 4:30pm, Grand Jury Room 27.

Entertainment Committee Planning Meeting, 4:30pm, Grand Jury Room

July 2019 4.

10.

15.

Courts and Bar Office Closed for Independence Day Lawyer in the Lobby Clinic, 4:30 —6:30pm Family Law Committee Planning Meeting, 4:30pm, Grand Jury Room

**More committee planning meetings are being scheduled daily. Check the calendar at www.members.bcba.org/calendar/ for additional meeting dates.

Publication deadline: 10th of the month preceding publication.

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June 2019

COURT NOTICES

FAMILY LAW DIVISION ASSIGNMENTS The following judges will serve in the Family Division for six months effective July 1, 2019:

The following judges will serve in the Family Division for six months effective January 1, 2019�

Judge Robert E. Cahill, Jr.

Judge Paul J. Hanley

Judge H. Patrick Stringer, Jr.

Judge Julie L. Glass

Judge Dennis M. Robinson, Jr.

Judge Kathleen G. Cox

Judge C. Carey Deeley, Jr.

Judge Andrew M. Battista

Judge Vicki Ballou-Watts

Judge John J. Nagle III

Judge Judith C. Ensor

Judge Jan Marshall Alexander

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June 2019

COURT NOTICES From The Daily Record, May 17, 2019

registered as of Friday morning, according to a

Heather Cobun

spokesperson for the Judiciary. The AIS is

Judiciary: 10% of active attorneys still not

comprehensive

registered with mandatory database.

agencies and allows attorneys to fulfill the reporting

More than 4,000 active Maryland attorneys are not

and assessment requirements and the rule change

registered for the mandatory Attorney Information

included a requirement that all active attorneys—

System database ahead of the June 1 deadline,

including judges and law clerks—register with the

according to the Maryland Judiciary. Of the nearly

system by June 1.

40,000 active attorneys in the state, 4, 171 have not

maintain the license to practice law in the state.

database

maintained

a

by court

Registration is required to

MESSGAE FROM BALTIMORE COUNTY FAMILY DIVISION Original Filing Dates and Deficiencies: If you have received a deficiency notice and are attempting to cure the deficiency and restore the original filing date, you need to specifically request this and reference the envelope number of the original filing in the comments section of your submission.

Name of Parties: Please ensure that the names in the caption of your filings match those listed on Maryland Judiciary Case Search. If there is a party with a new last name, be sure to include an indication of this, i.e., F/K/A or A/K/A. If the names listed on Maryland Judiciary Case Search are incorrect, please file a Line to bring this issue to the Clerk’s attention, indicating the correct name of the party.

Exhibits: Please be sure to save/upload any exhibits accompanying your filings as separate PDF documents, and make sure that exhibits containing confidential information are marked accordingly, as some exhibits may contain confidential information and others may not.

Exhibits accompanying pleadings or Motions get filed in the same envelope, but uploaded separately.

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Submitting Orders: If you are attempting to file a proposed Order that pertains to a matter heard by a particular Judge or Magistrate, please contact the Judge or Magistrate’s Chambers to inquire as to how they would like the proposed Order to be submitted.

At a minimum, please reference the applicable Judge or Magistrate in the Comments section of in your submission of the proposed Order through MDEC. Pleading Grounds for Divorce: There have been increasing difficulties with Magistrate’s Hearings for uncontested divorces wherein attorneys have not sufficiently alleged the grounds for divorce in the Complaint. This is especially problematic with respect to mutual consent grounds. Attorneys are failing to specify that: the parties have reached a written settlement agreement; the agreement is attached to the Complaint and includes Child Support Guidelines, if applicable; the agreement resolves all issues (alimony, property, monetary award, use and possession, care, custody, access and support of minor or dependent children); neither party has filed a pleading to set aside the agreement; and, the parties are requesting that they be awarded a Judgement of Absolute Divorce based upon the grounds of mutual consent.

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June 2019

BENCH/BAR UPDATE

By Raphael J. Santini The April meeting of the Bench Bar Committee was called to order by Chairman Fred Allentoff on April 11, 2019.

Judge Kathleen Cox gave the Circuit Court Bench report. MDEC is still keeping everybody busy. The Clerk’s Office is working overtime and temporary summer staff is being hired. She will be reviewing MDEC “deficiency” issues and policies.

The members of the Bar are invited to bring to her attention any problems in order to refine the process.

“MDEC” filed orders should follow this procedure: (1) do not include any line for a date in the order.

When a Judge electronically signs an order, the date and time are automatically added to the Judge’s signature. (2) If a date must be added to the body of the order use the following: ORDERED, this ______________ that the Plaintiff . . .

Judge Dorothy Wilson gave the District Court Bench report. The Catonsville District Court will hopefully open on September 1, 2019. The legislature has approved TWO new District Judgeships for Baltimore County! The advertisement for these positions has not been set. Currently there is no expedited jail docket in criminal cases for defendants which are incarcerated. Unfortunately this is an MDEC issue.

The solution is to request the case be advanced. If a request is not made, the case will remain on the original Court date and location.

Maria Fields gave the District Court Administration report. The Clerk’s Office is working hard on scanning files. There are thousands of post judgment collection matters which are being addressed.

Julie Ensor gave the Circuit Court Clerk’s Office report. Land Records can be electronically filed statewide. When correcting a deficiency, please cite the envelope number and add a note to the Clerk.

When calling the Clerk’s Office know the envelope number.

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President Rebecca A. Fleming gave the Executive Council report. Bar Wars Trivia is on April 25th at C&R Pub. Ten percent of the revenue was given to the American Foundation for Suicide Prevention.

Eagle’s Nest Country Club shall host the Annual Golf Tournament on May 29th.

Administrative Law Judge William Somerville gave the Office of Administrative Hearings report. Five new ALJs were sworn in or April 1st. ALJ Tara Lehner announced her retirement.

Orphan’s Court Judge William Evans gave the Orphan’s Court report.

There are new laws on Elective Share and Family Allowance, please review the Statute.

Harry Chase reported that Judge Bollinger’s portrait unveiling is not scheduled and Judge Dugan’s portrait is “in the works.”

Debra Schubert gave the Harford County report.

The new Jury Assembly Room will hold 150 potential jurors which should increase the number of jury trials to be conducted in Harford County.

Judge Eaves is revising the criminal docketing procedure.

Laurie Wasserman gave the Family Law Committee Report. On April 17th the Woodholme County Club hosted the second annual Multi-Judicial Family Law Dinner. Judges from Baltimore City, Baltimore County, Harford County and Carroll County will be presenting at the dinner. May 16th will be the Family Law update. Mary Sanders, Dr. Santora and Jennifer Brandt will be presenting on how to settle a high conflict custody cases.

The Young Lawyers report was given by Craig Borchers. The bull roast raised over $6,000.00 for the American Foundation for Suicide Prevention.

Details of upcoming events will be available on the Baltimore County website.

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June 2019

BENCH/BAR UPDATE

continued

By Raphael J. Santini Credit should be given to Christopher W. Nicholson, Vice Chair for his submission of the minutes for the March meeting.

The minutes of the March meeting were approved.

The next Bench Bar meeting will be on May 9, 2019 at 8:00 a.m.

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June 2019

COUNTY COUNCIL UPDATE

By Adam M. Phillips

Greetings! The members of the Baltimore County Council are grateful for the opportunity to update the County Bar on the activities of our County’s legislative body. Your seven member County Council serves as the independent Legislative Branch of County government. The Council meets year-round, generally in bi-monthly Legislative Sessions (held at night) and bi-monthly Work Sessions (held during the day). All proceedings are open to the public, and the Legislative Session is broadcast on BCTV (Comcast & Verizon channel 25).

The Council’s Website at www.baltimorecountycouncil.org provides helpful information as well.

At its April 15, 2019 Legislative Session, the Council approved Bill 8-19 which creates design guidelines for Small Wireless Facilities (SWF).

These guidelines will help preserve the esthetic quality of public rights of way as mobile providers prepare to implement 5G, the next generation of wireless internet. The size of a SWF can range from the size of a small backpack to the size of a refrigerator. While SWF’s and the 5G technology

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within them promise to bring much faster data transfer speeds and greater bandwidth, they require many more signal transmitters than today’s cellular towers that must be at near ground-level. By some estimates, each wireless provider will need about 100 SWF per square mile of average density urban area. In his testimony before the Council on Bill 819, County Attorney Mike Field explained these guidelines were urgently needed because, in late 2018, the FCC implemented a rule that any local government without reasonable permitting and design guidelines published by April 15, 2019 would be pre-empted from limiting SWF placement on such grounds. The FCC’s rule also severely limits the fees local governments can ask to offset the permitting and approval process costs and prohibits any such fees if the local government has not published guidelines by April 15, 2019.

At its April 15 Legislative Session, the Council also passed Bill 9-19 that amends the County Code governing the Metropolitan District. Among other things, the bill increases the time a wastewater customer may ask for a review of the charges from 90 days to 240 days after mailing of the bill for wastewater charges. The bill also requires the customer’s bill to state, in a separate paragraph, the directions to ask for a review of charges. Last, the bill creates a reporting requirement focused on the review and appeal process of sewer charges. At the hearing for Bill 9-19, the Council took testimony from several Metro District sewer customers who were not made aware the large increases in their sewer bill until their mortgage escrow monthly payment was increased. While the Metro District sewer bill are released in June alongside the property tax bill, many mortgage escrow accounts are not adjusted until December or January, which is outside of the old 90-day limit.

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June 2019

MARYLAND LAWYERS’ DAY OF SERVICE Saturday, April 27, was the first ever Statewide Lawyers’ Day of Service. The theme this year was homelessness and the purpose of the day was to highlight the many ways lawyers around the state give back to their communities by serving the homeless in our counties. Many bar associations throughout the state participated by holding events and providing service opportunities for their members. Baltimore County Bar Association held three events: A Pro Bono Clinic at the Woodlawn Public Library; collecting, sorting and delivering of hygiene products to homeless individuals; and providing and serving dinner to the homeless residents of the Eastside Family Resource Center.

At the Pro Bono Clinic, 18 volunteers assisted 44 clients and addressed 49 legal issues. Thanks to the generous donations of toiletry products and diapers and baby wipes, our dedicated volunteers sorted, packaged and delivered over 150 hygiene kits with the help of Empower4Life and its founder, Jennifer Cox. Lastly, because of the many generous monetary donations from our members, we were able to provide an Italian Feast from CVP in Towson to the residents of the homeless shelter at Eastside Family Resource Center in Rosedale.

Because of the donations, the volunteers and their family members; we served the residents a hot meal, including dessert and there was even enough left over for lunch the next day!

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June 2019

BAR WARS TRIVIA NIGHT

By Jennifer Aist from Turnbull, Nicholson & Sanders, “Torts Illustrated” from Franklin & Prokopik, “Barstools” from Sagal, Filbert, Quasney & Betten, and “The Committee” and “Towson-ites & Friends”. The most imaginative team name went to “Team Rob & Craig” from Howanski & Meadows.

The first ever BCBA Bar Wars Trivia Competition was held on Thursday, April 25th at C & R Pub in Towson and almost $3,000 was raised for the American Foundation for Suicide Prevention. 14 teams from various law firms and government agencies in Baltimore County competed against each other in a fiercely competitive game. Showtime Trivia donated their services, with Elizabeth Herndon, Esq., the trivia hostess for the evening.

Bradley’s Wine & Spirits donated a basket of cheer for the silent auction. Several boxes of hygiene supplies were also donated to the local homeless shelter via Empower4Life for the first Maryland Lawyers’ Day of Service.

The winning team was the “Get Out of Jail Free” Team from the Office of the Public Defender. It was comprised of attorneys from the felony, district court, and juvenile divisions of the OPD who worked together and pooled their knowledge of trivial things to show everyone how it’s done! They are looking forward to defending their title next year—because defending is what they do best. Meanwhile, they are enjoying their kick a** trophy that will have their team name engraved upon it for all eternity as the Inaugural winners of Bar Wars.

Written by the “Get Out of Jail Free” Team Captain, Jennifer Aist.

It was a wonderful night of friendly competition pitting firm against firm-outside the courtroom. 115 players, on 14 teams, competed against one another.

Legal technicalities regarding question and answers were rampant throughout the evening.

The teams were “And Then What Happened?” from the State’s Attorney’s Office, “Get Out of Jail Free” from the Office of the Public Defender, the “Back Bench” comprised of circuit court judges, “Clearly Erroneous” from Bodie, Dolina, Hobbs, Friddell & Grenzer, “SGS Land Sharks” from Smith, Gildea & Schmidt, “Asked & Answered” from The Law Offices of Frank Daily, “PKLawsome” from Pessin Katz Law, “The Royston Rockers” from Royston, Mueller, McClean & Reid, “Badgering the Witless” THE ADVOCATE

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June 2019

BAR WARS TRIVIA NIGHT

By Jennifer Aist

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June 2019

PROFESSIONAL HANDLING OF REFERRALS

By Paul J. Schwab Maryland attorneys are required to “provide competent representation to a client.” Md. Rule 19301.1. The Maryland Rules of Professional Conduct state that competency “requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for representation.”

Id. With this requirement in mind, most attorneys limit their practices to specific areas of law in which they are competent and refer persons seeking assistance in other areas to other lawyers or organizations.

Maryland Rule 19-301.7 mandates the declination of representation in certain situations, which may also result in making referrals.

The preferred practice when making a referral is to give the inquiring individual (hereinafter referred to as the “consumer”) the contact information of multiple competent attorneys that may be a good match for their needs. The referring attorney may also provide the consumer with the referred attorneys’ experience and practice and suggest that the consumer mention their name and/or their firm’s name when initially contacting the attorneys. If unsure whether the other attorneys would be interested in handling the matter, many referring attorneys first discuss it with their colleagues prior to giving information to the consumer.

There are times an attorney may not know whether or where to make a referral. If the consumer’s case has limitations or other legal problems or the consumer is unreasonable or has fired multiple lawyers, many decline to give a referral. One option when not knowing where to make the referral is to suggest that the consumer contact Baltimore County Lawyer Referral and Information Service at (410) 337-9100. At other times, an appropriate referral may be Maryland Volunteer Lawyers Service, Inc., Maryland Legal Aid, Pro Bono Resource Center of Maryland, Inc., Disability Rights Maryland or other organizations

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If an attorney refers a consumer to an attorney not in the same firm with the expectation of receiving a “referral fee,” they must comply with Maryland Rule 19-301.5(e). Rule 19-301.5(e) provides that a fee can only be divided between attorneys who are not in the same firm if: “(1) the division is in proportion to the attorney’s services or each attorney assumes joint responsibility for the representation, (2) the client agrees in writing to the joint representation and (3) the total fee is reasonable.” (Emphasis added). In personal injury cases attorneys frequently satisfy Rule 19-301.5(e) (1)’s requirement by providing that each attorney assumes responsibility for the case. This means, at a minimum, that both attorneys/firms should have all applicable statute of limitations, notice deadlines and case litigation schedules on their calendars.

Besides complying with Rule 1.5(e), attorneys splitting fees should have an agreement on responsibility for services, advancing costs and division of the fee confirmed in writing. Doing so helps to avoid misunderstandings and differing memories of the agreement.

Regardless of whether the referral involves a division of fees, an attorney receiving a referral should timely communicate with the potential client and also thank the referring attorney. Some attorneys may also give the referring attorney a summary at the end of the matter.

After making a referral, the referring attorney should keep in mind another provision of the Maryland Rules of Professional Conduct. Under Maryland Rule 19-301.18, a consumer that inquiries about the possibility of forming an attorney-client relationship becomes a “prospective client.” Rule 19-301.18 mandates that, even if the inquiry did not result in an attorney-client relationship, the attorney must not thereafter use or reveal information learned in the consultation except as is permitted by

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June 2019

PROFESSIONAL HANDLING OF REFERRALS

ORIOLES NIGHT AT THE YARD

By Tyler J. Nowicki

By Paul J. Schwab the Maryland Rules of Professional Conduct.

Consequently, an attorney who receives information during a consultation with a prospective client shall not represent another individual with interests materially adverse to those of the prospective client in the same or a substantially related matter if the information received “could be significantly harmful,” unless both individuals give “informed consent in writing or the disqualified consulting attorney is timely screened from any participation in the matter and is apportioned no part of the fee.”

Md. Rule 19-301.18.

The professional lawyer gives attention to the making and receiving of referrals. Referrals are an important part of the legal process that enable attorneys to efficiently and competently practice their profession while assisting the public in obtaining appropriate representation.

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On Friday, May 10th, 2019 the Baltimore County Bar Association held their annual O’s Night at the Yard. Many members and non members alike braved the weather to come to Camden Yards to watch the Baltimore Orioles battle it out with the Los Angeles Angels.

While the Orioles ultimately unfortunately fell to the Angels 8-3 the attendees got to see one of the MLB’s hottest young stars, Mike Trout, put on a display hitting a home run and 3 RBI’s.

Around the 6th inning the storms forced play to be suspended but that didn’t stop the attendees from taking the party from the Miller Lite Flight Deck to the box seats common area for some more laughs and good times.

We hope to see all of our baseball fans there next year!

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June 2019

LAW DAY BREAKFAST 2019

By Alaina L. Storie This year’s Law Day theme was “Free Press, Free Speech, Free Society.” The American Bar Association selects the theme each year, and with this particular theme, there was the opportunity to explore freedoms of the press and speech both through history and with an eye to the future. Not only as attorneys, but also as general members of society, we are asked to consider whether all speech should be “free;” what is the role of government in regulating or protecting the press; should speech or the press be constrained through laws or norms; and can a free society exist without free speech and free press? Law Day 2019 focused on these cornerstones of representative government and called on us to understand and protect these rights to ensure, as the U.S. Constitution proposes, “the blessings of liberty for ourselves and our posterity.”

Members of the Baltimore County Bar Association attended the breakfast program held at the Valley Mansion. Judge Battista gave the invocation, our BCBA President, Rebecca Fleming, warmly welcomed all those attending, and Law Day Committee Chair, Alaina Storie, introduced our keynote speaker for the morning, the Honorable Frederic N. Smalkin, Retired Chief Judge of the U.S. District Court for the District of Maryland. Judge Smalkin had been a Professor to many of the attendees, either at the University of Baltimore School of Law or the University of Maryland School of Law; Judge Judy Ensor had been his law clerk and Judge Smalkin’s father had been the President of the BCBA in. 1955. After discussing the connections he had with many of us in the BCBA over the years, Judge Smalkin moved on to discuss how, over the years, the law is an evolutionary process, and can either move with the times or fall into obscurity.

protected as we know it, under the Human Rights Act of 1998. Judge Smalkin commented how our ancestors did not have a tradition of speaking freely, and it was not until the 20th century when case law began to emerge that gave us guidance on what the limitations are on our freedoms. The Schenck v. US case, for example, contains the famous reference to shouting “fire” in a crowded theater, and the ruling that the First Amendment could be restricted if the words spoken or printed represented to society a of clear and present danger. Judge Smalkin’s comments illustrated how long it can take for the law, specifically regarding the rights of free speech and free press, to transform, evolve, and yet still be up for debate in present day society.

The breakfast program is always a great opportunity to gather with fellow members of the bar and bench and get a unique perspective on the Law Day theme.

The Law Day Committee Vice Chair, Mariela D’Alessio, closed the program to thank all those who made the morning program successful, including our BCBA staff, and invited everyone to continue our recognition of “Free Press, Free Speech, Free Society” at the Noon Ceremony.

Judge Smalkin gave us a history lesson starting in 1351 in England, then moved to 1689 when King William signed a Bill of Rights, although certainly not the Bill of Rights that we know today. The EU Convention of 1998 was the first time free speech was

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June 2019

LAW DAY BREAKFAST 2019

By Alaina L. Storie

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June 2019

LAW DAY NOON CEREMONY 2019

By Mariela C. D’Alessio On Wednesday, May 1 the Law Day Committee held its noon ceremony in Ceremonial Courtroom 5 of the Old Courthouse. Lawyers and Judges were joined by teachers, students and their families from public and private schools in Baltimore County.

Lucy A. Dalglish, Dean of the Philip Merrill College of Journalism at the University of Maryland, was featured as the keynote speaker. Her speech was engaging and touched not only on how free speech is an integral part of our society, but the importance of promoting civics education.

Monetary awards were presented to students in Kindergarten through 8th grade for the artwork competition. Monetary awards were also presented to the top three submissions in the essay competition. The winner, Julia Kallaur of Towson High School read her essay to those in attendance.

The High School Mock Trial team from Beth Tfiloh was recognized for their accomplishment of winning first place for the Third Judicial District.

Law Day Chair, Alaina Storie presented the Judge Kathleen Cox and Judge Dorothy Wilson with a token of appreciation from the Bar Association for all of their hard work and support in the preparation and rollout of MDEC in Baltimore County. Their custom ’MDEC Sweet MDEC’ pillows are sure to be the envy of many.

Our distinguished and well-deserving BCBA members, Ralph L. Sapia and Leon W. Berg were presented with the Judith P. Ritchey Award and Law Day Award, respectively.

Congratulations again to all the award recipients!

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June 2019

LAW DAY NOON CEREMONY 2019

By Mariela C. D’Alessio

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June 2019

SECOND ANNUAL MULTI-JURISDICTIONAL FAMILY LAW JUDGES’ PANEL

By Alaina L. Storie There was an impressive turnout of Judges, Magistrates, and Attorneys on April 17, 2019 at Woodholme Country Club to attend the Second Annual Multi-Jurisdictional Family Law Judges’ Panel. Historically, the Family Law Committees of the Bar Associations of Baltimore City and Baltimore County held an annual joint dinner program in the Spring. Last year, our current Family Law Committee Chair, Laurie Wasserman (then-Vice Chair) took the reins to expand the program to include Carroll, Harford and Howard Counties. This year, Vice-Chair for the BCBA, Alaina Storie, and Chair for the BABC, Mollie Caplis, joined forces to co-moderate the program on High Conflict Cases.

The Judges on the panel were the Hon. Ruth Ann Jakubowski (Baltimore County), the Hon. Kendra Y. Ausby (Baltimore City), Hon. Fred S. Hecker (Carroll County), Hon. Angela M. Eaves (Harford County), and the Hon. Mary M. Kramer (Howard County).

Each Judge was introduced by a representative of her or his county – Alaina Storie, Mollie Caplis, Samantha Smith, Kristen Barrett, and Tracey Perrick, respectively. Ahead of time, the Judges were provided with a fact pattern and series of questions on how they would handle requests for certain services, such as substance abuse assessments, domestic violence screening, best interest attorney appointment, custody evaluations, and special assignment. The Judges were fairly uniform in whether they would be inclined to grant, or deny, certain requests, but the process by which those rulings are made vary greatly county by county.

Judge Hecker did not miss the opportunity to reference Carroll County’s DCM plan, with hard copy in hand, and the other Judges followed suit. Every attorney should take a look at the County’s specific case management plan to determine when and how to seek services that may be appropriate in his or her case. The Scheduling Conference is consistently

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where services should be requested, although they can be requested by subsequent Motion. However, there can be the risk of a Judge questioning why the service was not initially requested and may be more resistant to granting a later request.

If you seek a custody evaluation, for example, depending on which county you are in, will determine if the evaluation would be conducted by social workers on staff at the courthouse, by professionals who agree to be appointed by the Court, or by way of a private evaluation. It’s always best to speak to local practitioners to find out who they would recommend to perform these services.

Fees associated with the evaluations also vary by jurisdiction. Even the co-parenting classes that most parties are required to attend vary by jurisdiction – whether they are done online or in person, and what verification is given to reflect that the course was complete. The lesson learned from all the Judges is that whenever you do feel additional services are necessary above and beyond the co-parenting classes and mediation generally ordered in each jurisdiction, you must have a sufficient basis on which to make the request. The Judges will not grant an assessment, evaluation, or appointment of child’s attorney on bald allegations – if that were the case, they would be ordered in in every family law matter. Keep in mind the costs associated with the services, and the resources of the parties. Again, it would be wonderful to have a Best Interest Attorney for every child, but it is not always possible.

The Judges, after answering all questions about the high conflict fact pattern, and having a captive audience, did wrap up the program with identifying a few other areas of their DCM plans that they want attorneys to pay special attention to – emergency hearings, ex parte motions, and postponement requests to name a few.

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BALTIMORE COUNTY CLERK’S OFFICE, FAMILY DEPARTMENT TOP 8 TIPS FOR SMOOTH FILING PROCESS 1. Do Not Use the “DO NOT USE” code.

2. Each document must be submitted as a separate PDF document.

3. If submitting multiple documents in one specific case, submit as a separate PDF document, but in one envelope.

4. When scanning in documents make certain before saving that the orientation is correct, any blank pages are removed, and all pages are legible.

5. Social Security Numbers (even last 4 digits) should be redacted on submissions.

6. If you are filing a request to waive the prepayment of filing fees, you must use the waiver account in File and Serve. If not, the system will not allow us to accept the filing without the fees.

7. Reference envelope number and filing date when correcting a deficiency.

8. Call 410-887-2614 when submitting an expedited filing. *If you have any questions on your portal account contact JIS at 410-260-1114

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June 2019

HOMEOWNER: MY HOME, MY DEED, MY LEGACY PROGRAM LAUNCHES

By Susan Francis Calling all Attorneys – Your Help is Needed

By Susan Francis, deputy director, Volunteer Lawyers Service (MVLS)

Maryland

On April 1, 2019, the Maryland Volunteer Lawyers Service (MVLS), with support from the Maryland Department of Housing and Community Development, launched the “My Home, My Deed, My Legacy Campaign.” The program features a major public awareness campaign as well as four Homeowner clinics hosted at community partners throughout 2019.

The first clinic was an overarching success with eight volunteer attorneys helping more than 20 clients. This clinic was booked well in advance of the event date.

We are hoping to say the same for the remaining clinics, but we need your help. The remaining clinic schedule is as follows: •

June 18 at the Arch Social Club in West Baltimore

•

August 15 at the 29th Street Community Center in North Baltimore

•

October 3 at the Southeast Anchor Library

To register as a volunteer attorney, please visit https:// mvlslaw.org/events/. You do not need to be an estates attorney to help out with this campaign!

Program asks: Do you own your home?

The clinic and outreach campaign have a simple premise – do you own your home? For many residents, their home has passed down through generations without anyone doing estate planning or the necessary estate administration to ensure the home stays in the family for future generations. Without their name on the deed to their property, homeowners can be shut out of critical programs enabling them to stay in their homes. These programs include the Homeowner’s Property Tax Credit, water credits and all home repair programs. Many homeowners are

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surprised to learn that while they’ve lived in their home for decades, paying the taxes, and maintaining the property, they aren’t the legal owners of their home.

How the program works.

Once volunteer attorneys help the clients answer the question, the client is sent down one of two paths. If they are the legal homeowner, they are provided with information about estate planning and, equally critical, planning to avoid probate, which is cost prohibitive for low-income homeowners. At the clinics, they are given basic explanations of these issues and provided “homework” to guide them on decisions they need to make. The clinic attorney also reviews what a life estate deed is and the important role it can play in avoiding probate. Clinic attorneys are encouraged to accept these clients for ongoing assistance with their estate planning and life estate deeds, but it isn’t required.

Volunteer attorneys are provided instructions at the clinic, and MVLS has templates and mentors available for full representation cases.

If the individual isn’t on the deed to their property, they are provided with step-by-step instructions on how to open an estate and are encouraged to come back to MVLS to record their new deed. These clients are also encouraged to get their estate planning in place.

The Homeowner: My Home, My Deed, My Legacy program grew out of MVLS’ Advance Planning Project, which focuses on connecting with community partners and community members to dispel the myth that low-income individuals don’t need to do estate planning. In fact, assisting with their estate planning and avoiding probate strategies is critical to preserving family homes and community stability for the next generation.

Continued on page 22

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HOMEOWNER: MY HOME, MY DEED, MY LEGACY With a focus on stabilizing housing and communities, this expanded work has become a critical piece of the puzzle of keeping families in their homes.

You can learn more about the campaign by visiting www.myhomemydeed.org.

While the targeted outreach and clinics are being held in Baltimore City, MVLS is committed to spreading the word about this important work across the state. If you know of community partners that would be interested in helping us spread the word through flyers, newsletter articles, social media posts, or other outlets, please contact Susan Francis, MVLS Deputy Director, at sfrancis@mvlslaw.org or 443-451-4084.

Craig J. Little, Esquire is pleased to announce he has expanded his practice to include

Divorce Mediation and

Parent Coordination Law Office of Craig J. Little 309 W. Pennsylvania Avenue Towson, Maryland 21204 Office (410) 296-0770;

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June 2019

Lawyer in the Lobby Clinic Wednesday, June 12 4:30—6:30 p.m.

County Courts Building, 1st Floor, 401 Bosley Ave, Towson Lawyer in the Lobby is held the 2nd Wednesday of every month.

Walk-ins are assisted in General Civil and Family Law matters.

If you are interested in volunteering, please contact Rae Wyatt at rwyatt@bcba.org or 410-337-9100.

Thank you to our volunteers for June: Marie-Yves Nadine Jean-Baptiste James Ruckle E. David Silverberg

The 2019-2020 Lawyer Referral & Information Service Panel Application is now available. Contact Rae Wyatt at rwyatt@bcba.org if you are interested in participating in Lawyer Referral. All current panel members will receive the new application via email.

CLICK HERE for panel application, rules, and minimum qualifications.

DID YOU KNOW? Any time you purchase books, periodicals, or journals from the American Bar Association, use this code when checking out PAB0EBCB (that is a zero in the middle!), and receive a 15% discount. In addition, you will be supporting the Baltimore County Bar Association, because the ABA will send us 15% of the sale!

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June 2019

Committee News VISIT WWW.BCBA.ORG TO REGISTER FOR ANY EVENTS LISTED WATCH YOUR INBOX AS EMAILS REGARDING COMMITTEE PLANNING MEETINGS WILL BE SENT SOON. WE WELCOME ALL IDEAS FOR PROGRAMS AND EVENTS!

ESTATES & TRUSTS COMMITTEE

ADR COMMITTEE

HISTORICAL COMMITTEE

Committee Planning Meeting date coming soon.

June 5, Committee Meeting, Grand Jury Room If you are interested in taking part in the planning of our 100th Anniversary Celebration, please contact Matt Nelson at mnelson@tydingslaw.com.

PLEASE

ADVOCATE COMMITTEE Please submit any ideas for articles to Rachel Ruocco at rruocco@bcba.org or Adam Konstas at akonstas@pklaw.com

Committee Planning Meeting date coming soon FAMILY LAW COMMITTEE July 15, Committee Planning Meeting, 4:30pm, Grand Jury Room

LAW DAY COMMITTEE Committee Planning Meeting date coming soon.

BENCH/BAR COMMITTEE This committee (appointed by the BCBA Presidents) meets the second Thursday of each month, 8 a.m., in Judicial Conference Room 412. If there are issues to be brought to the attention of this committee please contact Chairperson Chris Nicholson, 410-339-4100 or cnicholson@tnsfamilylaw.com.

LRIS COMMITTEE The 2019-2020 LRIS Panel Registration and Renewal Packet can be found HERE. Contact Rae Wyatt at rwyatt@bcba.org if you would like it emailed to you.

CRIMINAL LAW COMMITTEE

June 26, Committee Planning Meeting, 4:30pm, Grand Jury Room

Committee Planning Meeting date coming soon.

MEMBERSHIP COMMITTEE

CLE COMMITTEE

Online Membership Application can be found here

Committee Planning Meeting date coming soon.

Committee Planning Meeting date coming soon

ENTERTAINMENT COMMITTEE June 27, Committee Planning Meeting, 4:30pm, Grand Jury Room

Bar Year Kick-Off Party Wednesday, September 4 5-7pm CVP in Towson

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June 2019

Committee News MEMORIAL COMMITTEE Please notify Rachel Ruocco at the Bar Office of the passing of any BCBA member. If this information is received in a timely manner, it will be emailed to all members. Thank you.

BCBA members who will be honored at next year’s service on November 21, 2019 at 3:30 p.m.

If you know of any BCBA Member who passed away (since August 15, 2018), please advise Rachel Ruocco immediately, so they can be included in the service.

Thank you. The reception for family and friends to honor and remember loved ones will be held immediately following the service.

PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY Civics & Law will resume in the Fall of 2019.

Please contact Rachel Ruocco if you are interested in participating as a presenter. Classroom materials will be updated soon.

REAL PROPERTY COMMITTEE Committee Planning Meeting date available soon.

SOLO & SMALL FIRM COMMITTEE Committee Planning Meeting date available soon.

Monetary contributions are greatly appreciated to STATE & LOCAL LAWS (SLLZ) COMMITTEE support the Memorial Reception, and can be made payable to the BCBA, 100 County Courts Building, Committee Planning Meeting date coming soon.

401 Bosley Avenue, Towson, MD 21204. Donors will TECHONOLGY COMMITTEE be acknowledged on the printed program.

NEGLIGENCE, INSURANCE & WORKERS’ COMP For an updated MDEC Tip Sheet, go to www.bcba.org and click on Committee Report, COMMITTEE Technology, Handouts.

Committee Planning Meeting date coming soon.

YOUNG LAWYERS COMMITTEE PRO BONO COMMITTEE June 27, Last Thursday Happy Hour June 18, Committee Planning Meeting, 4:30pm, 5pm, The Point, 523 York Rd, Towson. Come join young lawyers, judicial law clerks, and a special Grand Jury Room monthly guest to relax and network.

PROFESSIONALISM COMMITTEE June 24, Committee Planning Meeting, 4:30pm, Grand Jury Room

Ravens Tailgate Party September 22 9am –1pm Lot H

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June 2019

CIRCUIT COURT LAW LIBRARY NEWS MDEC HINTS & TIPS

NEW TITLES

Remember your password!

The law library staff added the following titles to the collection:

Now that we are all comfortable using MDEC, the Law Library staff is finding that not remembering passwords is the major impediment for attorneys filing remotely. We cannot assist you with filing if you can’t log in. Recovering your password may involve your cell phone and/or an e-mail. Know the password to them as well. Need help remembering all your passwords? Try a password manager. You can learn more about them at https:// en.wikipedia.org/wiki/List_of_password_managers.

Register in TWO (or more) places.

To make full use of MDEC, you will need to register for at least two services: Odyssey File & Serve and MDEC Portal. The former is to upload/ file documents remotely. The latter is required to remotely view cases to which you are a party. The passwords MAY be different. Also, as of May 1, parties may file/upload documents via a Vendor Electronic Filing Service Provider. GreenFiling is the first. More are likely to follow. More information is available at https://mdcourts.gov/ mdec/efilingproviders.

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MINI LAW SCHOOL FOR HR PROFESSIONALS /NBI, 2018. KFM 1531 .B35 NONPROFIT ORGANIZATIONS LAW: a legal research guide / Anglim, Christopher – William S. Hein & Company, 2018. KF 1388 .A1 .A954

PESKY AND PERSISTENT EVIDENTIARY ISSUES IN ESTATE & TRUST LITIGATION / Grant, Robert; Beckett, Jack; Keith, Peter – MSBA, 2018. KFM 1337 .P54 2018 THE POWER OF LICENSING: harnessing brand equity / Stone, Michael – ABA Book Publishing, 2018. KF 3197.5 .S7 A PRACTICAL HANDBOOK FOR THE CHILD’S ATTORNEY: effectively representing children in custody cases / Kucinski, Melissa – ABA Book Publishing, 2018. KF 479 .K83 REPRESENTING CHILDREN IN DEPENDENCY AND FAMILY COURT: beyond the law / Stahl, Rebecca; Stahl, Philip – ABA Book Publishing, 2018. KF 3735 .S67

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June 2019

MEMBER NEWS MEMBERS ON THE MOVE New Address: Chason, Rosner, Leary & Marshall, LLC 210 Alleghany Avenue, Suite 200 Towson, MD 21204

Congratulations to the following BCBA members for receiving the MD Bar Foundation Legal Excellence Awards on April 25th!

Erik S. Atas was awarded the Legal Excellence Award for Advancement of Public Understanding of the Law Cecelia B. Paizs was awarded the Legal Excellence Award for Advancement of Professional Competence

Have you moved? Added a partner to your firm?

Received an award? Have other news to share? Email it to Rachel Ruocco at rruocco@bcba.org and we will include it in The Advocate.

ASSOCIATION SPONSORED GROUP DENTAL PLAN OFFERED BY ICS-INSURANCE Did you know that we are currently offering an Association Sponsored Group Dental plan through Dominion Dental? Association plans enable us to enhance the benefits of being a member of the BCBA. These plans would allow us to offer group products with more liberal underwriting and potentially lower cost than products available on the individual market. In the past we have offered association sponsored Long Term Care and Life Insurance coverage and are considering investigating the opportunity to offer an association Health Insurance plan. If you have interest in any of the mentioned products, please reach out to Rachel Ruocco, Executive Director 443-652-3228 or send an email to her at rruocco@bcba.org.

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June 2019

Reminders from Rachel Fuller, Membership Director:

Paul E. Alpert, Retired Judge

If you are not receiving the Week Ahead emails, please contact me at rfuller@bcba.org to confirm that we have your correct email address on file.

Available for Mediation and Arbitration Former Judge of District Court, Circuit Court and Court of Special Appeals

Mark your calendars for our Annual Stated Meeting taking place on Thursday, June 20th at 4:30 p.m. in Ceremonial Courtroom 5. At that meeting you will have the opportunity to meet the incoming Executive Council and Committee Chairs. Remember to check our calendar HERE for upcoming Committee Planning Meetings which will be occurring in June and July. This is a great way to help us jump start the coming Bar Year and get involved. As a reminder, we host over 75 programs throughout the Bar Year, and we would love to have your valuable input and ideas.

410-484-2088

National Adoption Day Saturday, November 23 11:00am Ceremonial Courtroom 5

Office Available in the Heart of Towson Opportunity to own your office in Towson Core at 606 Baltimore Ave. 1,222 SF 1,302 SF. Prime location for law firms and CPA offices. On site reserved parking and public parking available. Newly renovated common area hallways, main lobby and elevators. Walking distance to Baltimore County Courts, shopping and restaurants.

Close proximity to Towson University, Goucher College, GBMC, and UM St. Joseph Medical Center. Two condo suites available. Prices $183,300 to $195,300.

Will consider lease.

Contact Chris Smith at 410-472-3510 and csmith@trialliance.com.

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June 2019

ARE ALCOHOL AND DRUGS CAUSING PROBLEMS IN YOUR LIFE? There is a way up and a way out — for ABSOLUTELY CONFIDENTIAL help, call us today ...

BALTIMORE COUNTY LAWYER ASSISTANCE PROGRAM A CONFIDENTIAL resource for Baltimore County attorneys, assistants and judges.

Our services include help for a broad range of problems and personal concerns, such as: Gambling Depression Internet Addiction Marital and Family Relationships Sexual Addiction Alcohol and Drug Abuse Compulsive Spending Stress and Burnout Eating Disorders Prescription Drug Concerns Balancing Work and Family Career Concerns WE DO NOT KEEP RECORDS. Our sole purpose is to provide help. We can assist with providing access to treatment facilities and provide emergency practice management, as well as referrals to professional counselors.

RICHARD LYNAS, Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA

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410-288-1099 410-832-7579 410-241-8538 410-649-2000 917-226-6472 410-951-7165 443-851-7353 410-733-3306 410-583-6969

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June 2019

BCBA Committee Planning Meetings will take place in June and July. We want to hear from you! Your input is important to us in planning a successful Bar Year.. If you are unsure what committees you are on, contact the Bar Office at 410-337-9100 to find out. Emails will be going out soon with dates for all Committee Planning Meetings.

Signature Sponsors The Baltimore County Bar Association continues its Signature Sponsor program, which enhances the opportunities for our sponsors, as well as our members. This singletier program provides more engagement between our sponsors and our members. Each Signature Sponsor can host an event during the year, thereby reducing the cost of the event for members while providing added benefits.

Sponsorships help the Bar Association maintain its current dues level despite the increasing costs of providing top-shelf legal education programs, social events, networking opportunities and Bar Office services available in the County Courts Building. If you know of a business that would be interested in one of these limited sponsorship opportunities, please contact Rachel Ruocco (410) 337-9100 or rruocco@bcba,org).

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YOUR AD COULD BE HERE! Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9100 for advertising rates and to place your ad.

June 2019

Divorce, or probating an estate. Your client has options when it comes to the real estate.

Hawk Mortgage Group can help you and your client sort out the options and strategies they have at hand, to help at this time ‌ and down the road.

Jeffrey T. Hawk, President 443-619-7900 - Office 410-241-7071 - Cell Jeff@hawkmortgagegroup.com

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June 2019

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 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. 309 Allegheny Avenue. 2nd floor offices with private restroom, 3 regular offices, partially furnished, 1 executive office (can be made into five offices) fully furnished. Private restroom. Tenant will have available to them a conference room, print/scan/fax center and kitchenette on 1st floor. Additionally, 2nd floor has 2 private entrances, 5 free parking spaces, and approximately 800 sq. ft. of combined dry/secure storage on 3rd floor and basement.

TOWSON. Sublease available one block from courthouse. Space in excellent condition. Spacious conference rooms, 34 offices, reception area, copy/supply room, and kitchen. Sublease until August, then take on new lease. Rent negotiable. Contact towsonfirm@gmail.com to schedule a tour or get more information.

TOWSON. Office for Rent: $990/month for one office with reception area right off the elevator. Located in Towson within walking distance to courthouse. Newly renovated and furnished. $1,200 to add an additional office connected to entire suite. Includes electric, internet and one parking space. For more information email doug@dbmcommunications.com or call 410-825-7400.

TOWSON. Three Office Spaces Available: Rent one office, four offices with reception area, or whole floor. Two blocks from circuit courthouse. Free parking. Rent and utilities are negotiable. More info at nicole@whitakerlegal.com or 410-207- 9272.

TOWSON. Office sharing available. One block from Courthouse. Use of phone system, copier, fax and secretarial available. Please call Beverly at 410-296-6820.

PERRY HALL/NOTTINGHAM. Real Estate Firm is hiring a title processor for residential real estate closings. Some experience in real estate closings, real estate title work and/or residential lending preferred but not required. Salary commensurate with experience; pleasant work environment. Please send resumes to Lisa Eisemann, Esq. at leisemann@mcrllaw.com , or mail to Moore, Carney, Ryan & Lattanzi, L.L.C. Attn: Lisa Eisemann; 9649 Belair Road; Suite 302; Nottingham, MD 21236

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June 2019