May 2018

THE ADVOCATE Newsletter of The Baltimore County Bar Association VOLUME XXVI, NO. 11

May 2018

PRESIDENT’S MESSAGE

by Adam Thomas Sampson It is has been an incredible honor to serve as your BCBA President this past year. Since my term ends next month, I would like to use this opportunity to highlight some accomplishments and thank those who have contributed. In short, it was a year of unforeseen changes in the Bar Office, an unprecedented budget surplus, incredible support for our designated charity partner, and impressive events for the benefit of our profession and community.

First, to borrow a cliché, great challenges provide great opportunities …. And so it was with the unforeseen challenge of filling vacancies for all three Bar Office staff members, which allowed us to re-structure salaries and responsibilities.

Rachel Ruocco will continue to lead the Bar Office, drawing upon her nine years of institutional knowledge as the former LRIS Director, together with a fresh perspective in her new

role as the Executive Director.

Rachel Fuller, initially hired as an Administrative Assistant and recently promoted to the newly created position of Membership Director, will continue to strengthen membership outreach and assist with the Bar Office operations. Next month we will welcome Rae Wyatt as the new LRIS Director, so please be sure to stop in and introduce yourself.

I want to thank my fellow Officers, and the Executive Council, for their support and assistance with these personnel decisions. The BCBA is poised for new and exciting times ahead!

Second, through sound stewardship, innovative policies to increase non-dues revenue, and prudent restructuring of salaries, the BCBA has an unprecedented surplus of funds. cont’d on page 2

Inside This Edition Annual Sponsors Bench/Bar Report Calendar of Events Committee News County Council Update Court Notices District Ct Assignments Golf Tournament Judicial Portrait Fund Law Library Law Day Member Ads Members News Pro Bono Clinic Professionalism

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Gore Brothers Court Reporting THE ADVOCATE

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May 2018

PRESIDENT’S MESSAGE

by Adam T. Sampson This achievement began with the budget crafted by the Budget Committee during our planning meetings last April, approved by the Executive Council last June, and implemented by the Committee Chairs, Bar Office, and Executive Council throughout the year. Special thanks to Drake Zaharis and Suzanne Farace for participating along with the Officers to carefully craft this budget. Thanks also to the Committee Chairs and Bar Office for honoring your particular budgets. The BCBA is in great financial shape!

Third, through your support, the BCBA has raised approximately $13,000 for Show Your Soft Side, our designated charity partner. Those funds come primarily from three initiatives – the Wine & Whiskey Tasting, the Young Lawyers Bull and Oyster Roast, and the Cutest Pet photo contest. I wish to, again, thank Julie Landau and her planning committee, Craig Borchers and Whitney Wilder along with their committee, and our Bar Staff -Rachel Ruocco and Rachel Fuller. Their hard work and commitment made these events fun and resourceful. I also must thank the sponsors of these events, whose generosity added greatly to the fund raising effort. Thanks to all who made possible this transformative gift for Show Your Soft Side!

let’s not overlook Adoption Day last November – Thank you Judge Sherrie Bailey for presiding and making it a special day for the Forever Families.

The BCBA continues to be a collegial association that serves others!

Unfortunately, space limitations prevent me from adequately acknowledging everyone who has contributed to this year’s success. I sincerely thank every one of you who participated in a committee, attended an event, volunteered in some way, or sponsored a BCBA initiative. Your contributions strengthen this association, provide value to the membership, improve the legal profession, and serve the greater community in which we live and work.

Fourth, our signature events continue to impress.

For starters, Rachel Ruocco, immediately upon promotion, and Rachel Fuller, with less than two months on the job, stepped up big to seamlessly plan and execute the Annual Black Tie Banquet (and the President’s Reception). Also, last month’s Law Day ceremonies truly highlighted the BCBA’s outreach and impact on the community. Special thanks to Governor Larry Hogan for his remarks at the noon ceremony, and for presenting a proclamation to each student who won as essay or art award! Thanks also to Law Day Chair Tyler Nowicki, Vice-Chair Alaina Storie, and the Law Day Committee for their planning and dedication to this signature event. And THE ADVOCATE

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Adam T. Sampson BCBA President, 2017-2018

Click the image above for a link to Caroline Griffin’s blog

May 2018

C ALENDAR

2017-18 Officers President Pres-Elect Secretary Treasurer

OF

E VENTS

Adam T. Sampson Rebecca A. Fleming Michael W. Siri Jay D. Miller

May 2018

Executive Council Stanford G. Gann, Jr. John G. Turnbull III Lisa Y. Settles Sondra M. Douglas Richard Grason VI Robert K. Erdman, Jr.

Robert J. Thompson, Immediate Past President Craig R. Borchers, Young Lawyers Chair

The Advocate David F. Luby Committee Chair

1. 7:30am, Law Day Breakfast, Martin’s Valley Mansion 1. 12pm, Law Day noon program, ceremonial courtroom #5 3. 5pm, Family Law, Spring Mini-Series Parenting Plans, Grand Jury Room.

9. 5pm, Estates & Trusts, Legislative Update, Grand Jury Room 15. 12pm, Real Property, Land Records E-filing, Grand Jury Room 17. 4:30pm, Family Law, Legislative & Case Law Update, Courtroom TBD 18. 5pm, Young Lawyers Thirsty Third Thursday Happy Hour, 7 West 30. 5:30pm, Estates & Trusts, annual dinner, Country Club of Maryland

Ari J. Kodeck Committee Vice -Chair

Contributing Writers Thomas H. Bostwick Mariela C. D’Alessio Justin E. Fine Bruce E. Friedman Laura C. Jenifer William R. Levasseur, Jr. Margaret M. McKee Hon. John J. Nagle, III Cecilia B. Paizs Kimberly K. P. Rothwell Jeffrey R. Scholnick Scott D. Shellenberger Alaina L. Storie Craig Ward Laurie M. Wasserman Whitney E. Wilder Matthew I. 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.

June 2018 2.

7.

9:00am, Pro Bono Clinic, Owings Mills Library 12pm, Golf Tournament & Beginners’ Clinic, Rocky Point Golf Course 11. 5:00pm, Chair & Vice-Chair Committee Meeting, Ceremonial Courtroom #5 21. 3:30pm, Bar Foundation Meeting, Ceremonial Courtroom #5 21. 4:30pm, Stated Meeting & Presidents’ Reception, Ceremonial Courtroom #5 & Towson Tavern

July and August Committee Planning Meetings will be held throughout July and August. Please watch for an email regarding the dates for these meetings. You are encouraged to attend and share your ideas for committee programming for the 2018 2019 year.

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

Publication deadline: 15th of the month preceding publication.

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May 2018

COURT NOTICES

MONTGOMERY CUNTY CIRCUIT COURT SECURITY POLICY UPDATE The most immediate changes that members of the legal community will see concern entrance screening for attorneys and random screening for employees (judges and elected officials with courthouse offices excepted). A courthouse identification card or state bar card will no longer except an attorney from screening after June 4. Random screening has been underway in our court for several months and has run quite smoothly. As the process is refined, we fully expect the effect on members of the bar to be minimal, and less restrictive than is seen in many courthouses throughout the state, including Anne Arundel, Howard, and Baltimore County Circuit Courts. For instance, standard dress belts with small profile buckles will THE ADVOCATE

not need to be removed for screening purposes.

We also intend to establish a priority screening line for attorneys from 8:30 to 9:30 a.m. and 12:30-1:30 p.m., Monday through Friday, at the Monroe Street entrance. These procedures apply in the Circuit Court only.

Thanks for your understanding and cooperation with this policy.

Robert A. Greenberg Administrative Judge Circuit Court for Montgomery County, Maryland Page 4

May 2018

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May 2018

COUNTY COUNCIL UPDATE

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

Baltimore County Budget – on April 12, 2018, Baltimore County Executive Kevin Kamenetz presented the administration’s Budget Message, and offered his $3.3 billion Total Operating Budget for Fiscal Year 2019. Highlights of the budget include continuing to fund school construction for public education, maintaining public safety, and facilitating greater economic opportunities, while also holding the line on the property tax rate for the 30th year in a row, and the income tax rate for the 26th year in a row. Through its sound fiscal policies, the County has also been able to keep its Triple A bond rating from the three main rating agencies during some uncertain economic times. This rating shows the fiscal confidence that financial professionals on the “outside” have in how your government is run, and allows the County to borrow money for much needed infrastructure and other capital projects at much lower rates than other local governments across the country, saving County taxpayers millions in interest costs.

The County Council now undertakes its own review of the FY19 budget. This includes a budget analysis of individual County agencies and departments by the County Auditor, the fiscal advisor to the Legislative branch.

The Council also conducts budget hearings with County agencies as part of its review process. This will culminate in the County Council’s Budget Message and FY19 Budget Adoption on May 24, 2018 in the Council Chamber.

Charter Bills – at its April 2, 2018 Legislative Session, the County Council passed Bills 13-18 through THE ADVOCATE

17-18 and Bill 19-18. These Bills to amend various sections of the County Charter were recommended by the Charter Review Commission last fall. Following their passage, the Bills will now become ballot questions in the General Election on November 6, 2018, at which time County voters will be given the opportunity to determine whether the proposed Charter changes are approved.

Bill 25-18 – Basic Services Maps – Article 4A of the Baltimore County Zoning Regulations sets out the provisions for growth management in Baltimore County. The growth management provisions are designed to facilitate implementation of the Master Plan with specific regard to the quantity and timing of new growth and development. Basic Services Maps are designed to aid the County in providing public services (water, sewer and transportation) in an amount that facilitates the level of growth allowed by the current zoning. This growth management system applies inside the Urban Rural Demarcation Line (URDL). Article 4A requires that the three Basic Services Maps be prepared annually by the appropriate Executive agencies, and thereafter the Planning Board must recommend to the County Council any proposed annual revisions to the maps. The law requires the Council to take action on the maps after consideration of the recommendations of the Planning Board. The Council is required to hold one public hearing prior to the adoption of the maps; the hearing was held on April 2, 2018. Bill 25-18 repeals the 2017 Basic Services Maps and enacts the 2018 Basic Services Maps.

Appointment – at its May 7, 2018 Legislative Session, the Council confirmed the appointment by Councilman Todd Crandell of William A. McComas, Esq. to a three-year term on the County Board of Appeals as the representative from the Seventh Councilmanic District. Mr. McComas is a partner with the firm of Bowie & Jensen in Towson. As a seasoned corporate attorney, he is among the leading technology and intellectual property attorneys in the area.

The Council offers its sincere congratulations to Mr. McComas and appreciates his willingness to serve on this important appellate panel.

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May 2018

BENCH BAR REPORT

by Hon. Nancy Purpura The Bench/Bar Committee meeting was held on April 12. 2018. The meeting was called to order, minutes of the prior meeting were approved and accepted. Honorable Kathleen G. Cox advised that preparations for MDEC were ongoing and involve a conversion from County to State operating systems.

MDEC is scheduled to “go live” in February 2019 in the Circuit Court. Baltimore County is the largest court system to date that has made the conversion to MDEC. Judge Cox also reminded attorneys of the requirement to file pretrial statements in civil cases.

As for criminal matters, Scott Shellenberger advised that the Office of the State’s Attorney is switching to a vertical prosecution model where individual prosecutors will be assigned to cases at arraignment and follow those cases to conclusion. Criminal defense counsel will now be able to communicate with prosecutors very early on in the process. This will avoid the need to “reinvent the wheel” every time a case is transferred to a new prosecutor, and should enhance the ability of attorneys to resolve matters prior to scheduled trial dates as well as prepare for trial.

are no longer required to appear in mutual divorce cases since only one party is necessary.

Two new Administrative Law judges have recently been appointed. They are Alicia Trout and Brian Weeks.

The young lawyers bull roast was an enormous success bringing in over $6,000. The results of the “cutest dog” contest are in now that all of the votes have been counted. The winner is Oliver Warshaw -Cavanaugh. Mr. Warshaw-Cavanaugh graciously accepted his award, thanking his many supporters.

As you can see from the photo below this award is well deserved (rumors of a “rigged” election are unsubstantiated).

Judge Wilson provided an update on the landlord/ tenant bulk filing pilot project which is scheduled to start at the same time as MDEC. Also, repairs resulting from water damage in the Towson court clerk’s office have been completed. The new Catonsville District Court location is scheduled to open in September, 2019. This state of the art LEEDS certified courthouse will have a two story atrium, a floating staircase, a ceremonial courtroom, monitors and cameras throughout, office suites for State’s attorneys and Public Defenders, and a four and one half story garage adjacent to the building. As if that weren’t enough, the building will have a grass roof with shrubs. Clearly someone must have mistakenly believed that Catonsville was located in Montgomery County.

Magistrate Wendy Schenker reported that mutual consent divorces can now be granted when they include custody agreements. In addition, both parties THE ADVOCATE

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May 2018

BAR FOUNDATION JUDICIAL PORTRAIT FUNDRAISER The Baltimore County Bar Foundation Judicial Portrait Fundraising subcommittee held a Wine Pairing Fundraiser on April 24th from 5-7 pm at Towson Tavern. As many of you are aware, the Bar Foundation is raising funds for judicial portraits for retired and deceased judges from Baltimore County Circuit Court.

Foundation Chairperson, Hon. Vicki BallouWatts, and Committee Chairs John Gontrum and Harry Chase, along with the rest of the Judicial Portrait Committee worked tirelessly to put on a successful event. This event was not only to raise money for the judicial portrait fund, but also to raise awareness for the fund.

The food and wines did not disappoint and the attendees did not leave hungry.

Thank you to our event sponsors, Advantage Sentencing Alternative Program (ASAP), Law Offices of Peter G. Angelos, and Whiteford, Taylor & Preston.

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May 2018

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May 2018

THEY’VE GOT WHAT IT TAKES TO BE THE NEXT SOFT SIDE MODEL Thank you to everyone who submitted photos of their pets for our BCBA/Show Your Soft Side Cutest Pet Contest. We had 31 entries and they all deserved the title of cutest pet! However, there were a few pets who garnered a large amount of votes and raised a large amount of money for our annual charity, Show Your Soft Side.

Coming in at third place with 283 votes was Joey Ensor. A very respectable showing by Stella Wyman with 603 votes earned her second place. And certainly no stranger to many of those in the courthouse, the first place winner was the one-and-only Oliver WarshawCavanaugh with 812 votes! Congratulations to Oliver! He and his parents, Michael Warshaw and Hon. Colleen Cavanaugh will receive a photo shoot with award winning photographer, Leo Howard Lubow. They will be featured in their own Show Your Soft Side ‘Softie’ campaign.

The contest raised over $2,700 including entrance fees and online votes, so a huge thank you to everyone who voted for your favorite.

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May 2018

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May 2018

HONORABLE KATHLEEN G. COX RECIPIENT OF THE 2018 HARRELL AWARD FOR JUDICIAL EXCELLENCE

by William F. Alcarese, Jr.

Among all of the distinguished judges in the state of Maryland, the 2018 recipient of The Harrell Award for Judicial Excellence is our own Judge Cox!

On April 19, 2018, the Bench and Bar gathered to honor the Honorable Kathleen G. Cox at the MSBA Litigation Section’s annual dinner in Annapolis. The event was well attended with lawyers and Judges from the Federal, State Appellate, Circuit and District Court benches.

After a lively social hour, Mary Ellen Flynn, Esquire welcomed the distinguished guests in attendance and presented opening remarks on behalf of the Litigation Section. Mary Ellen transitioned to the presentation of The Harrell Award for Judicial Excellence.

The prestigious award, named after the Honorable Glenn T. Harrell, recognizes distinguished Judges for standout accomplishments, achievements and career dedication as a member of the Judiciary. Prior recipients of the award include the Honorable Alan M. Wilner, the Honorable Stuart R. Berger, the Honorable John P. Morrissey, the Honorable Daniel T. Long, the Honorable Glenn T. Harrell, Jr. and the Honorable Patrice E. Lewis.

The criteria for evaluation of the nominations include: assessment of knowledge of the law, assessment of courtroom management skills, reputation for fairness and civility, extra-curricular service to the Judiciary and the Bar and extra-curricular contributions to the community at-large.

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Judge Cox exceeds the criteria considered and is most deserving of this significant award. Judge Cox’s accomplishments and commitment to the Judiciary would be a monthly Advocate publication in and of itself.

Some of her most notable accomplishments and distinctions include, but are not limited to: Administrative Judge for the Third Judicial Circuit (Baltimore and Harford Counties); past or present member of countless committees constantly seeking to improve various areas of the practice and the Judiciary (Domestic Law Committee, Criminal Pattern Jury Instructions, Judiciary ADR Committee, Maryland Bar Association Special Committee on Gender Equality, Judiciary Juvenile Law, Drug Court, etc.); multiple time recipient of The Daily Record’s Top 100 Women Award; recipient of Leader in Law Award; involvement with the local and state Bar Associations; and the list goes on.

Since being appointed as the Administrative Judge, Judge Cox has implemented many new policies and procedures that has drastically improved the efficiency of cases within the Circuit Court. Her professionalism and temperament in the Courtroom is greatly recognized and appreciated by attorneys and parties alike. Her work ethic is unmatched.

Upon receipt of the Award, Judge Cox shared heartfelt words of appreciation and thanks. Judge Cox took the opportunity to thank many of those in her professional and personal life. Among all of her accolades, Judge Cox is most proud of her family.

She recognized her husband, Deputy State’s Attorney John Cox, and children Jen, Casey and Brady and their spouses/significant others who were all in attendance.

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May 2018

HONORABLE KATHLEEN G. COX RECIPIENT OF THE 2018 HARRELL AWARD FOR JUDICIAL EXCELLENCE

by William F. Alcarese, Jr.

Judge Cox acknowledged her relationship with Judge Harrell and thanked him for his friendship and guidance and shared how important it meant to receive the award named after him. She deeply values and cherishes the friendships she has made with her fellow members of the Bench. Judge Cox acknowledged her past and present staff and courthouse personnel that she has worked with over the years.

as Practice Tips from Maryland’s Circuit and U.S. District Court Judges. Judges from a number of counties across the state took a couple of minutes to share words of wisdom to practicing attorneys related to their specific jurisdiction and the practice of law at-large.

As the program concluded, everyone exited wiser than when they entered.

Please share with me in congratulating Judge Cox!

A number of her Law Clerks attended and Judge Cox has enjoyed the professional relationship evolving into a personal relationship by getting to know them, their spouse/significant other and children as time has passed.

Our local Judges were in attendance to commend Judge Cox and her accomplishments and improvements to the Bench namely, in no particular order, the Honorable Ruth Ann Jakubowski, the Honorable Judy C. Ensor, the Honorable Nancy M. Purpura, and the Honorable Keith R. Truffer from the Circuit Court and the Honorable Dorothy J. Wilson from the District Court. Magistrate Theresa Beck was there too with her camera and we are thankful for her wonderful pictures that are included with this article.

Also, a number of Baltimore County attorneys trekked down I-97 to applaud Judge Cox. Subsequent to Judge Cox’s humble remarks, dinner was served. Thereafter, Bar Counsel Lydia E. Lawless emceed the remainder of the event themed

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May 2018

LAW DAY, MAY 1, 2018

by Adam E. Konstas The Baltimore County Bar Association’s Law Day program on Monday, May 1, 2018 celebrated this year’s theme – “Separation of Powers - Framework for Freedom.”

Law Day kicked off with BCBA President Adam T. Sampson, Esq., welcoming the crowd of Judges and Attorneys in attendance to the Law Day Breakfast at the Martin’s Valley Mansion, which featured Maryland Insurance Commissioner and Republican candidate for Baltimore County Executive Alfred W. Redmer, Jr. as the keynote speaker. Commissioner Redmer was introduced by Law Day Committee Chair Tyler Nowicki, Esq., who highlighted Commissioner Redmer’s public service in both the legislative and judicial branches of Maryland State government. Commissioner Redmer drew on his experience in two branches of State government in reflecting on the healthy tension which emerges between the branches in our system of government, as well as the push and pull of opposing viewpoints, which he credited as a means of raising the level of dialogue in government.

abusing its authority. Governor Hogan spoke about the importance of the rule of law, reminding the audience that no man, not even the President, is above the law. Governor Hogan also presented BCBA President Sampson with the Governor’s Law Day Proclamation officially recognizing the BCBA’s efforts and celebration of Law Day on May 1, 2018.

The Baltimore County Bar Association’s Law Day festivities continued at the Ceremonial Courtroom for the Noon Day Ceremony, where the crowd of Baltimore County Judges, Attorneys, students, parents, and community members were greeted with an impressive rendition of our National Anthem by Towson High School Senior Julia Batavik. The Ceremony featured Governor Lawrence J. Hogan Jr., as the keynote speaker. Addressing the crowd, Governor Hogan shared the lessons he learned from his father, former U.S. Congressman Lawrence J. Hogan Sr., on the importance of separation of powers and checks and balances in our system of government to prevent any one branch of government from THE ADVOCATE

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May 2018

LAW DAY, MAY 1, 2018 The Noon Day Ceremony also featured the presentation of the Judith P. Ritchey Award to Michelle D. Siri, Esq., and the Law Day Award to Drake C. Zaharris, Esq. The Park School of Baltimore’s Mock Trial team and coaches Matthew B. Rogers and James Wyda were recognized for their achievement of first place for the Third Judicial Circuit in this year’s competition.

The first, second and third place winners of the Law Day Essay Contest were also recognized and the first place winner, Isabella Zhang of Towson High School, presented her winning essay, which drew a thought-provoking comparison of the three branches of government to fate in Greek mythology, and highlighted the founding fathers’ emphasis on freedom and liberty over efficiency.

The Law Day Art Awards were also given out and teachers Martha Bainbridge and Marcie Barth were honored with the Teacher Award.

Finally, BCBA President Sampson presented the BCBA/Show Your Soft Side Cutest Pet Contest Award Winner, which went to Oliver Cavanaugh -Warshaw, a miniature poodle. His parents, the Honorable Colleen A. Cavanaugh & Michael Warshaw, Esq., accepted the award on his behalf.

The BCBA and the Law Day Committee thanks all those who contributed to making this year’s Law Day a success. We look forward to seeing you at next year’s program!

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May 2018

THE “IDEALS OF PROFESSIONALISM” A USEFUL GUIDE

by Margaret McKee [your] clients, the rule of law, and the Most of us have had the misfortune of dealing with welfare of society. an attorney/opponent in litigation who never files anything on time, never asks for extensions, often In addition to the above, the “Ideals” also set forth overstates (in the best case) or mischaracterizes (in how an attorney should act under certain circumthe worst case) facts in pleadings, who believes that stances. An attorney should: the only good litigation tactic is a “scorched earth” Consider the impact on others when policy and who is otherwise seemingly impossible to scheduling events. Reasonable redeal with. So, what do you do when he/she comes to quests for schedule changes should you with a request which you are not legally obligatbe accommodated if, in the view of ed to grant, such as an extension of time to answer a the attorney, such requests do not impending motion, or an extension on discovery repact adversely the merits of the clisponses, or to reschedule a deposition? The request ent’s position; can often be compounded by a client directive to start acting more like the opponent because the client beUnderstand that an excess of zeal lieves that only the obnoxiously aggressive lawyer may undermine a client’s cause and gets results. hamper the administration of justice and that an attorney can advocate zealously a client’s cause in a manner Before rejecting the request out-of-hand, as we all that remains fair and civil; are inclined to do, take a look at the “Ideals of ProKnow that zeal requires only that the fessionalism” found in Volume II of the Maryland client’s interests are paramount and Rules, Appendix 19B, which were approved by the therefore warrant use of negotiation Court of Appeals on March 8, 2010. It offers surprisand compromise, when appropriate, ing guidance to the above hypothetical and many to achieve a beneficial outcome, unothers which arise on a daily basis in any litigation derstanding that yelling, intimidating, practice. It is a source we often forget to consult, but issuing ultimatums, and using an “all which addresses many of the issues we, as litigators or nothing” approach may constitute and practitioners face. bullying, not zealous advocacy; The “Ideals of Professionalism” direct that lawyers should strive for the following: To preserve and improve the law, the legal system, and other dispute resolution processes as instruments for the common good; To practice law with a personal commitment to the rules governing the profession and to encourage others to do the same;

Use litigation tools to strengthen the client’s case, but avoid using litigation tactics in a manner solely to harass, intimidate, or overburden an op-

To preserve the dignity and integrity of the profession by [your] conduct; To strive for excellence in the practice of law to promote the interests of THE ADVOCATE

Not allow a client’s improper motives, unethical decisions, or illadvised wishes to influence an attorney’s actions or advice, such as when deciding whether to consent to an extension of time requested by an opponent, and make that choice based on the effect, if any, on the outcome of the client’s case and not on the acrimony that may exist between the parties;

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May 2018

THE “IDEALS OF PROFESSIONALISM” A USEFUL GUIDE

By Margaret McKee posing party.

(Emphasis added).

Finally, as relevant here, the “Ideals” admonish attorneys to understand that: Courtesy does not reflect weakness; rather, it promotes effective advocacy by ensuring that parties have the opportunity to participate in the process without personal attacks or intimidation.

Using these “Ideals” as guidance, the response to the obnoxious attorney’s request is self-evident. First, assuming there is no detriment to your client’s case in granting the extension, the decision is yours and not your client’s. If there is no detriment to your client, the request should be granted, despite the fact that opposing counsel has been less than courteous in his/her dealings with you. The granting of the extension is objectively in your client’s best interest: 1) It will save your client the expenses associated with an unnecessary motions practice. Either you will have to file a motion to compel or you will have to respond to a motion for postponement or extension of time. Oftentimes, by the time the motions are ripe, the issue will have resolved itself by the filing of the late discovery. All costs, therefore, in preparing the motion or the response, will have been wasted;

3) It will perhaps lead to better behavior by the opposing counsel under the “world is round” theory - after all, since you have accommodated him/her, he/she should be responsive when you make a similar request (even if the opposing attorney needs to be reminded of the courtesy at a later time). We all know that incivility breeds incivility. If someone is rude to you, you are inclined to respond in kind.

Break the cycle and take the higher road. If your opponent appreciates that you are immune to his/her incivility, perhaps he/she will tire of it and adjust his/her behavior accordingly.

Before the request is granted, you should have a conversation with your client explaining your refusal to behave in a similar manner as opposing counsel, emphasizing your obligations as a lawyer to the client and to the legal community as a whole, and explaining why behaving as a boor will not advance your client’s interests in the litigation. Explain that there are real costs associated with incivility, both tangible and intangible, and that the best path is for you to behave civilly, even in the face of inappropriate behavior by your opponent, with a focus on the efficient and expedient resolution of the pending dispute.

2) It will prevent your appearance in Court arguing a motion that can and should have been dealt with through negotiations and/or discourse between the attorneys, and therefore will preserve your reputation before the Court. We all know that judges are busy and are rarely happy to have to consider a motion that could easily have been resolved had the attorneys acted reasonably. Impressions and reputation are important. Don’t waste the time and your credibility before the Court arguing a motion that could have been resolved through respectful communication with your opponent; THE ADVOCATE

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May 2018

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May 2018

THE ENNEAGRAM PERSONALITY SYSTEM & CONFLICT RESOLUTION

OFFICE FOR RENT

by Frank T. Totten

Near Courthouse

BEL AIR

For a second year William A. Stavros, Esq. conducted a CLE presentation on the Enneagram Personality System to a packed Grand Jury Room at the Baltimore Circuit Court in Towson, Maryland.

This year’s Enneagram personality system class was entitled the “The Enneagram Personality System & Conflict Resolution.” The program focused on how to effectively navigate the different conflict styles of the personality types that attorneys encounter in their practice. This includes clients, co-workers, opposing counsel, and finders of fact.

The Enneagram Personality System is a tool that allows us to see ourselves and others through the core motivations that drive us. An understanding of these core motivational patterns reveals how different personality types both fall into and approach conflict.

Recognizing these distinct conflict styles and addressing the appropriate motivations and patterns driving the conflict make an effective tool in facilitating amicable resolutions.

Your Law Office can operate while you are conducting business. Large professional office located at 5 South Hickory Avenue, Bel Air including office, receptionist service, library/conference room, courier service, copying & fax equipment, phone equipment/ system, janitorial service, utilities, and employee parking. Internet available.

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Call (410) 879-3300 to speak with Max Miller or (410) 879-2100 to speak with Kevin Olszewski.

The system has some complexity beyond the nine basic types which includes the level of psychological health, as well as three instinctual motivations: selfpreservation, sexual, and social.

Mr. Stavros gave numerous examples on how to incorporate the Enneagram Personality System into the practice of law and its applicability to conflict resolution. While this was only meant as a general introduction it goes a long way in addressing the basic questions that all attorneys should be asking themselves about how to navigate the variety of personality styles that we encounter in the practice of law.

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May 2018

MEMBERS NEWS

Whiteford, Taylor & Preston Attorneys Honored by Chambers and Partners in 12 Practice Areas May 8, 2018 – Baltimore. Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2018 list of leading firms and business lawyers. This year’s recognition includes 29 attorneys in a record 12 practice areas in 4 states, the District of Columbia and Afghanistan.

Recognized in these practices (*newly recognized in 2018): Bankruptcy/Restructuring (DE, DC, MD, PA, VA) Corporate/M&A (MD) Employee Benefits & Executive Compensation (MD) Healthcare (MD) Insurance (MD)* Intellectual Property (MD) Labor & Employment (MD) Litigation: General Commercial (MD) Private Wealth Law (MD) Real Estate (MD) Real Estate: Land Use (MD) Individual lawyers listed in Chambers USA and their areas of recognition are below (*newly recognized in 2018): Thomas C. Barbuti THE ADVOCATE

Real Estate, MD - Senior Statesman G. Scott Barhight Real Estate: Land Use, MD Mary Claire Chesshire Employee Benefits & Executive Compensation, MD Robert B. Curran Corporate/M&A, MD Deborah H. Diehl Corporate/M&A, MD Gardner M. Duvall* Insurance, MD Martin T. Fletcher Bankruptcy/Restructuring, MD - Eminent Practitioner John B. Gontrum Real Estate: Land Use, MD Peter D. Guattery Labor & Employment, MD Sigrid C. Haines Healthcare, MD Kevin G. Hroblak Bankruptcy/Restructuring, MD Frank S. Jones, Jr. Corporate/M&A, MD Paul W. Madden Employee Benefits & Executive Compensation, MD Kevin C. McCormick Labor & Employment, MD Albert J. Mezzanotte, Jr.* Insurance, MD Joseph J. Mezzanotte Real Estate, MD Paul M. Nussbaum Bankruptcy/Restructuring, MD William F. Ryan, Jr. Litigation: General Commercial, MD - Recognized Practitioner Gregory M. Stone Intellectual Property, MD Steven E. Tiller Intellectual Property, MD Individual lawyers listed in Chambers HNW (High Net Worth) and their areas of recognition are below: Edwin G. Fee, Jr. Private Wealth Law, MD

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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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Committee News 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 Michael Paul Smith, 410-821-0070 or mpsmith@sgs-law.com.

LRIS COMMITTEE

CLE COMMITTEE

Please renew or consider joining the LRIS at this time. Application can be found on the website: LRIS Application.

Contact Rachel Ruocco at rruocco@bcba.org or 410-337-9100 for more information.

Programming will return in September. If you are interested in taking part in the planning for the 2018-19 year, please consider attending the planning meeting this summer.

The 2018-2019 LRIS Panel Registration and Renewal Packet is now available. Join now! Current panel members, do not forget to renew before the end of June.

ENTERTAINMENT COMMITTEE June 7, 2018, Golf Tournament, & Beginners’ Clinic, Rocky Point Golf Course.

ESTATES & TRUSTS COMMITTEE May 30, 2018, Estates & Trusts Committee Annual Dinner, Country Club of Maryland.

FAMILY LAW COMMITTEE May 17, 2018, 4:30 p.m., Annual Forum: Case Law and Legislative Update. County Courts Building.

May 22, 2018 12:00 pm, Trial Prep in Family Law, Grand Jury Room, County Courts building.

Spring Mini-Series: Parenting Plans LAW DAY COMMITTEE Committee Planning Meeting to be held in July or August.

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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.

Those members who will be honored at next year’s service on November 15, 2018, at 3:30 p.m., include: W. Lee Thomas Henry J. Myerberg Ellen P. Rosenberg Judge Dana M. Levitz Lawrence Melfa JR Francomano, III Kevin Kamenetz

Committee Meetings, 5 p.m., Royston, Mueller, McLean & Reid, 102 West Pennsylvania Avenue, Suite 600, Towson.

PUBLIC AWARENESS & SPEAKERS COMMITTEE AKA CIVICS & LAW ACADEMY Many thanks to all volunteer attorneys and judges who taught classes this year . Committee Planning Meeting will be held in July or August.

REAL PROPERTY COMMITTEE

If you know of any other BCBA Member who passed away (since August 15, 2017), 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.

Monetary contributions are greatly appreciated to support the Memorial Reception, and can be made payable to the BCBA, 100 County Courts Building, 401 Bosley Avenue, Towson, MD 21204. Donors will be acknowledged on the printed program.

NEGLIGENCE, INSURANCE & WORKERS’ COMP COMMITTEE Committee Planning Meeting will be held in July or August.

PRO BONO COMMITTEE This committee meets on the second Tuesday of each month, September - June, 4:30 p.m. at the offices of Levin & Gann, 502 Washington Avenue, Suite 800, Towson.

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PROFESSIONALISM COMMITTEE

Committee Planning Meeting will be held in July or August.

SOLO & SMALL FIRM COMMITTEE Committee Planning Meeting will be held in July or August.

YOUNG LAWYERS COMMITTEE

Thirsty

Third Thursdays, Various establishments in Towson, 5 p.m. Come join young lawyers, judicial law clerks, and a special monthly guest to relax and network.

May 17, 2018 June 21, 2018* *Attend the BCBA Stated Meeting at 4:30 p.m. in Ceremonial Courtroom No. 5, Old Courthouse, Towson, and receive a free drink ticket for the happy hour!

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Call for MLSC Award Nominations Nomination forms are now available for Maryland Legal Services Corporation's Annual Awards. In recognition of outstanding contributions by Maryland individuals and organizations that provide or support access to justice for low-income Marylanders, we encourage nominations for the following awards: The Arthur W. Machen, Jr. Award, given to an attorney (usually in private practice) who has demonstrated an extraordinary commitment to increasing access to justice and improving the civil legal services delivery system for low-income Marylanders The Benjamin L. Cardin Distinguished Service Award, given to an outstanding public interest lawyer whose career has been dedicated to providing, promoting or managing civil legal services to low-income Marylanders The Rising Star Award, given to an attorney who has practiced law for 10 years or less and has significantly contributed to expanding access to justice by serving the civil legal needs of low-income Marylanders or advancing the delivery of civil legal services The William L. Marbury Outstanding Advocate Award, given to a non-attorney who has demonstrated outstanding service representing the civil legal needs of low-income Marylanders or by expanding access to justice The Herbert S. Garten Public Citizen Award, given to an entity or organization that is not regularly engaged in the delivery of civil legal services to low-income Marylanders but has demonstrated an extraordinary commitment to increase access to justice

NOMINATE NOW Nominations must be received by June 15, 2018. Awards will be presented at a ceremony in December.

More information, along with online nomination forms, printable nomination forms and a list of past winners, can be found at www.mlsc.org/awards.

Questions? Contact us at 410-576-9494 or info@mlsc.org.

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Paul E. Alpert, Retired Judge Available for Mediation and Arbitration Former Judge of District Court, Circuit Court and Court of Special Appeals

410-484-2088

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Running Club. Monthly runs will be held on the last Thursday of each month. August – May, 5:30 p.m., meet in Patriot Plaza.

December-February, meet at 401 Washington Avenue, Lobby.

We recommend that runners bring reflective gear, headlamps, etc.

Please RSVP to Craig Borchers, craigborchers@hme-law.com, thanks.

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BALTIMORE COUNTY CIRCUIT COURT LAW LIBRARY NEWS

Website Update The Law Library added a link to the non-military certificate website. This website generates a certificate verifying a person’s active (or not) duty status, which can be supplied with a Request for Order of Default.

Online Catalog Our website also links to our online catalog, so you can check to see if we have the resource you need.

Find us at http://wwww.baltimorecountymd.gov/go/lawlibrary Database Update The Law Library recently added “Gun Regulation and Legislation in America” to its Hein Online subscription. This database is a one-stop resource for “more than 500 titles dealing with this difficult and important topic.” Resources include: · Periodicals · Key compiled federal legislative histories · Relevant congressional hearings · CRS Reports · Supreme Court briefs · Links to nearly 500 scholarly articles New Titles The law library staff added the following titles to the collection: THE 2017 A201 DESKBOOK / Macvey, Amanda; Kovars, Joseph; Hahn, Peter – ABA Book Publishing, 2017. KF 902 .A15 COMPLEX CHILD CUSTODY AND SUPPORT ISSUES IN DIVORCE / - NBI, 2017. KFM 1305. B64 CROSS EXAMINATION: a primer for the family lawyer / Gassman, Stephen – ABA Book Publishing, 2017. KF 8920 .G37 DIGITAL JUSTICE: technology and the internet of disputes / Katsh, Ethan; Rabinovich-Einy, Orna – Oxford University Press, 2017. KF 1263 .C6 .K38 NEW MICPELS The library received the following new MICPELS which are located behind the reference desk: GIBBER on ESTATE ADMINISTRATION, 6TH Edition 2017 WORKER’S COMPENSATION MANUAL, 2017

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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: Depression Marital and Family Relationships Alcohol and Drug Abuse Stress and Burnout Prescription Drug Concerns Career Concerns

Gambling Internet Addiction Sexual Addiction Compulsive Spending Eating Disorders Balancing Work and Family

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.

GARY MILES, Chair RICHARD LYNAS, Vice-Chair STUART AXILBUND JIM BEACH MARY CHALAWSKY MARISSA JOELSON JAY MILLER JOSE MOLINA SAM MOXLEY JOE MURTHA JIM QUINN BILL SALTYSIAK MARK VAN BAVEL

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443-632-1760 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 443-703-3041 410-583-8883 410-337-5291

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Signature Sponsors Office Space Available Towson Furnished office space available for sublet near Circuit Court at 222 Bosley Avenue. Free parking and use of conference room and reception area. Wired for WiFi and phone. Receptionist/ secretarial service also available.

~~~~~~~~~ Please call Rob Brocato at 410-296-6350 or reply to robbrocato@icloud.com.

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 topshelf 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

LAWYER IN THE LOBBY CLINIC The LAWYER IN THE LOBBY CLINIC is held the second Wednesday of each month, 4:30 to 6:30 p.m. This is an opportunity for citizens of Baltimore County to meet, free of charge, with an attorney for advice and/or referral or both (including self-referral) in the areas of collections, bankruptcy, landlord/tenant matters, contract, warranties and other consumer matters, wills, probate, advance directives, small claims actions, custody, child support, divorce, separation, name change, or adoption.

Volunteers for April: Deborah Hill Julius Blattner E. David Silverberg Larry Polen THE ADVOCATE

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BCBA Members are encouraged to support our Annual Signature Sponsors.

When you need a service they offer, please contact the following, thank you.

Who do you know that would be a “good fit� for the Bar Association?

Contact Rachel Ruocco (410-337-9100 x102) to refer a business!

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The 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 LUTHERVILLE/TIMONIUM. Seeking reputable subtenant to share office suite in nice building in Lutherville/Timonium. Fully furnished partner’s office (2 available), includes internet, receptionist, use of conference room and free parking in a pleasant low key environment. If interested, please contact Randy Wase, 410-828-8500 or Randy@Waselaw.com.

TOWSON. Office space available in First Class Suite directly across from the Towson District Court. Parking, use of conference rooms, library, receptionist, etc. included. Contact Keith at 410-821-6800.

TOWSON. Offices for rent in a charming and newly renovated 100-year-old building in the heart of Towson. Building offers a reception area, kitchenette, conference room, storage and free parking. Office sizes vary. Electric included and receptionist available upon request. Contact Anna at 410-494-4921 or awalsh@awalshlegal.com.

DUNDALK. DUNDALK. Awesome space available. 5 office suites available in the Holabird Building on Holabird Avenue. Conference room, lots of free street parking and receptionist. Contact Randolph Rice at 410-288-2900 or rr@ricelawmd.com for more information. For more information visit: https://ricelawmd.com/about/office-space/ PIKESVILLE or OWINGS MILLS. Office space share available. Minimum usage. Contact Gerald Zimlin, 410-2920509.

CATONSVILLE. Office space available in the Catonsville/Arbutus area. Three potential offices for rent. Rent all three offices, or just take one. Share use of conference area and kitchen. Building newly renovated. Close proximity to Catonsville District Court and 695. Contact Sean for more information. 410-245-0732.

TOWSON. Office sublease available at 401 Washington Ave. Professional setting with private and secure access. Total of 5 offices (3 fully-furnished) approx. 1,089 SF. Wired for phone/Internet; Access to conference rooms during business hours Mon-Fri. Term thru Dec 2018. Parking available at Balt. County lot across the street. Contact Jess Gordon at (410) 292-7862 or jgordon@jlmpartners.net.

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