The Advocate | Winter 2022-2023

Young Lawyers Section Council

Maryland State Bar Association

EXECUTIVE COMMITTEE

Kerri Smith, Chair

Lauren Lake, Chair-Elect

Rima Kikani, Treasurer

Emily Greene, Secretary

Genna Hoy, Member At-Large

Jessica Gorsky, Past Chair

BOARD OF GOVERNORS REPRESENTATIVES

Josephine Bahn

Heather Krick

Christian Noble

Kerri Smith

STANDING COMMITTEES

ACTIVITIES CO-CHAIRS

Ashley Fellona, Rachel Samakow & Megan Micco

ABA REPRESENTATIVE

Chris Jennison

DISASTER RELIEF CHAIR

Valerie Desroches

DIVERSITY CO-CHAIRS

Jasmine Caesar-England & Dania Ayoubi

EDUCATION CO-CHAIRS

Chaitra Gowdra, Kaitlin Corey & Jon Huddleston

FAMILY FRIENDLY CO-CHAIRS

Elizabeth Rosen & Lisa Fishelman

LAWYER WELLNESS CO-CHAIRS

John Thompson & Ashley Bond

LEGISLATIVE CHAIR

Grason Wiggins

MEMBERSHIP / LAW STUDENT OUTREACH CO-CHAIRS

Divya Potdar, Manny Fishelman & Sara Lucas

NOMINATING CHAIR

Jessica Gorsky

POLICY CHAIR

Lauren Lake

PRO BONO / WILLS FOR HEROES CO-CHAIRS

Alex Raby, Bill Kiniry, & David Scull

PUBLICATIONS CO-CHAIRS

Heather Krick, Sonjay Singh

PUBLIC SERVICE CO-CHAIRS

Garrett Mannchen, Christian Noble, & Amy Rappole

SOCIAL MEDIA CHAIR

Letam Duson

STRATEGIC PLANNING COCHAIRS

Lauren Lake & Elizabeth Howard

TECHNOLOGY CO-CHAIRS

TJ Keilty III & Joseph Kavanagh

YLS SUMMIT CO-CHAIRS

Greg Waterworth & Lauren Lake

CIRCUIT REPRESENTATIVES

Jeff Sadri, Anne Arundel

James Robinson, Baltimore City Alexis Holiday, Baltimore County William Sasse, Carroll Spencer Cropper, Lower Shore Clark Adams, Frederick Tyler Brown, Howard Leslie Miller, Montgomery Meagan Allen, Prince George’s David Arnold, Western Maryland Ernesto Villasenor, UB Law

Margaret (Meg) Tippett, UMD Law

The Advocate is published quarterly by the Young Lawyers Section of the Maryland State Bar Association, 520 West Fayette Street, Baltimore, MD, 21201.

The opinions exercised in this publication are those of the authors and should not be construed to represent the opinions of the Young Lawyers Section or the Maryland State Bar Association ©2022 Maryland State Bar Association, Inc.

MESSAGE FROM THE CHAIR

BY KERRI SMITH, ESQ., CHAIR

Happy New Year, young lawyers! I hope everyone had a wonderful holiday season filled with the people you care about, joyful celebration, and time for rest and rejuvenation. In reflecting on all the good things that happened in 2022, I’m so grateful to our Section Council for working hard to provide interesting and enjoyable programming geared toward young lawyers.

On November 10, 2022, the Open Meetings Committee presented the YLS Fall Open Meeting, a panel discussion titled “How Women & Minorities Navigate the Legal Profession.” The panel included Judge Lisa Hall-Johnson, Judge Ana Hernandez, Tara Barnes, Esq., and Daniella Prieshoff, Esq. The panelists offered an informative and honest discussion on topics such as deciding when it is opportune to make a lateral career move, advice on what steps to take to advance your career, and how to manage challenges in obtaining new opportunities.

On November 16, 2022, the YLS Summit was held during Legal Excellence Week. The evening of programming included a fireside chat with the Honorable Angela M. Eaves of the (now) Supreme Court of Maryland where we heard about her fascinating path to the bench. The program continued with an interactive discussion on “Intentional Leadership” with Dr. Aneil Mishra, dean of the The University of

Michigan-Flint’s School of Management. There were also receptions that offered plenty of opportunities for networking for young lawyers in attendance.

As we kick off the new year, the YLS is already planning more opportunities for young lawyers to learn and build their networks in 2023.

The YLS will again be supporting the Polar Bear Plunge benefiting Maryland Special Olympics on February 4, 2023. If you are brave enough to jump into the freezing cold water of the Chesapeake Bay in the middle of winter for a good case, I hope you’ll join us!

The YLS will also be hosting its annual Charity Event on April 21, 2023 benefiting our charity partner, Athletes Serving Athletes, at Gertrude’s Restaurant in the Baltimore Museum of Art. Athletes Serving Athletes is committed to elevating the quality of life for individuals

with limited mobility by empowering them to train for and participate in mainstream running events. ASA is a champion of inclusion and works to break down barriers or inaccessibility in our communities. ASA has a presence in Anne Arundel County, Baltimore City, Baltimore County, Frederick County, Harford County, Howard County and Montgomery County (as well as York County, PA. and New Castle County, DE.). You can learn more about that excellent organization HERE.

There are so many ways to get involved in educational, social, and service events geared toward young lawyers. All of our events are open to existing and prospective young lawyer members, so I urge you to encourage your colleagues, law clerks, mentees and other young lawyers in your network to join us.

COMMITTEE UPDATES

Public Service Committee

Activities Committee: 32nd Annual Charity Event — Seeking Volunteers

The Activities Committee is excited to be planning the 32nd Annual Charity Event, which will take place on Friday, April 21, 2023 at Gertrude’s Restaurant. The beneficiary of the Charity Event is Athletes Serving Athletes, an organization devoted to elevating the quality of life for individuals with limited mobility by empowering them to train for and participate in mainstream running events.

We are seeking volunteers to join the Committee and help plan another successful and memorable Charity Event. If you are interested in joining the Committee, please contact the Activities Committee chairs, Ashley Fellona ( Ashley. Fellona@saul.com ), Megan Micco ( mmicco@kg-law.com ), and Rachel Samakow ( Rsamakow@gmail.com ).

Nominating Committee

The Nominating Committee is seeking applications for Young Lawyer Representatives to the MSBA Board of Governors for a two-year term from 2023-2025 and Section Officer positions for the 2023-2024 Bar year.

The available Section Officer positions are Chair-Elect, Secretary, and Treasurer. Any current member of the Section who is interested in a position on the BOG or as a YLS Section Officer may submit an application to Jessica M. Gorsky, Chair YLS Nominating Committee.

All applications must be received no later than the close of business on Monday, Jan. 30, 2023.

Applications should consist of a statement of interest, a resume, and a list of Bar activities. Applications should be sent to both Jessica M. Gorsky ( jgorsky@wtplaw.com) and Angela Munro (angela@msba.org).

If you have any questions, please contact either Jessica M. Gorsky or Angela Munro for more information.

Family Friendly Committee:

By Lisa Fishelman, Esq., Co-Chair

On October 15, 2022, the Family Friendly Committee hosted a morning of seasonal fall activities at Sharp’s at Waterford Farm. Located in Brookeville, Howard County, MD., the farm has been family operated since 1903. Section

members’ families interacted with and fed animals at the petting zoo, ate ice cream and pizza, and picked pumpkins. It was also First Responder’s Day, so families got to explore a fire truck, police car, and motorcycles!

Open & Annual Meeting Committee: Recap of Women and Minorities in the Law: A Panel Discussion

By Eleni vanRoden Bickley, Esq.

On November 10, 2022, the Section held its first in-person Open Meeting since the pandemic. The fall Open Meeting, held at Union Jack’s in Columbia, was an educational panel discussion on the topic of women and minorities successfully navigating the legal field. Panelists included Judge Lisa Hall Johnson, Judge Ana De la Hoz Hernandez, Tara Barnes, Esq., and Daniella Prieshoff, Esq. YLS Council member Kyle Anthony, Esq. moderated the discussion.

Daniella Prieshoff, Esq., Judge Ana D. Hernandez, Eleni vanRoden Bickley, Esq., Tara Barnes, Esq., Judge Lisa Hall Johnson, Kyle Anthony, Esq.

The panelists boldly discussed their diverse experiences and insights born of their backgrounds as they detailed the obstacles that they faced in their legal journeys. They shared stories of mistreatment by colleagues, opposing counsel, and the bench, and discussed how they successfully overcame each experience.

Judges Hall Johnson and Hernandez discussed their journeys from practice to the bench and recounted some of the obstacles that they still face on the bench. Judge Hall Johnson worked in the private sector and was a prosecutor before her appointment to the District Court in Prince George’s County. Judge Hernandez detailed her prior career as a teacher in Florida, changing careers and moving to the Maryland area, and practicing law with the Office of the Public Defender before her elevation to the District Court for Baltimore City.

Section Chair Kerry Smith, Esq. addresses the meeting

Ms. Barnes reviewed her experiences in the public and private sectors, as well as her advancement to partner in the private sector. Ms. Prieshoff provided insight as to the public sector, and highlighted how career advancement can take place in many forms. For example, while some may caution against a lateral move, different experiences that you derive can give you the perfect footing for a promotion later on. On the other hand, all panelists agreed that continued lateral moves without any advancement and without reason are not helpful when applying for a new position. Just as important, when considering a career move, we need to highlight our values and what we can bring to our new environment.

The panelists also discussed the importance of work-life balance. While community outreach is vital, the panelists discussed balancing our time strategically and understanding why we are devoting our time to certain endeavors. Are we doing it for our mental health? Are we doing it for advancement in a particular organization? Whatever the reason, and no matter how far we are in our career, it is beneficial to account for our goals and not spread ourselves too thin. The panel also highlighted the importance of mentorship. Some of the panelists’ mentors and supporters were amongst the audience, and the panel stressed not only how impactful their mentors were for them, but how mentoring new practitioners is for the success of our profession.

YLS Summit Committee: Annual Summit

On November 16, 2022, Section members met for our Annual Summit during the MSBA’s Legal Excellence Week at Live! Casino and Hotel in Hanover, Maryland. We were joined by Justice Angela M. Eaves of the Supreme Court of Maryland for a fire side chat to discuss her career, life, and her incredible advice for young lawyers beginning their careers.

Justice Eaves stressed the value of mentor-mentee relationships and giving back to the community has on a young lawyer’s development. Members of the YLS were also joined by Dr. Aneil Mishra for an interactive discussion on “Intentional Leadership” based on his book Intentional Leadership: Becoming , which he co-authorerd with Karen E. Mishra.

Dr. Aneil Mishra

After dividing the audience by leadership types and a hilarious grilling of each type, attendees walked away learning that the best kinds of leaders build diverse teams full of every kind of team member to achieve their goals. Dr. Mishra is the dean of The University of Michigan-Flint’s School of Management. A huge “thank you” to both of our incredible presenters and all those that joined us for that evening.

Justice Angela Eaves, Lauren Lake, Esq.,Gregory Waterworth, Esq.

Technology Committee: Social Media as Evidence

The technology committee held a webinar on December 14, 2022 on discovery, preservation, authentication, and admissibility of social media. The webinar even included practical demonstrations for an audience of young lawyers. Presenters included U.S. Magistrate J. Mark Coulson; Michael D. Berman, Rifkin Weiner Livingston LLC, and E-Discovery LLC; Alicia L. Shelton, Assistant U.S. Attorney; Melissa E. Goldmeier, Assistant U.S. Attorney; Thomas W. Keilty, III, Keilty Bonadio; and Ashley Aranega, X1 Discovery, Inc.

For the purposes of the webinar, Mr. Berman defined social media broadly as any website that allows social interaction with an exchange of comments on its website. State v. Sample, 468 Md. 560 (2020) is the prevailing case that defines social media and contains guidelines for how to authenticate and admit social media as evidence during trial.

Discovery Requests

Magistrate Coulson emphasized that discovery rules require requests to be relevant, proportionate, and non-privileged. So, if you are requesting social media in your discovery, the request should not be so broad that its not evident why it is needed for the issues being litigated. Notably, there is no general privilege over social media regardless of the privacy settings on an individual account.

Preservation

Mr. Berman discussed best practices for collecting the data and why a DIY collection may not provide the information you are looking for, including the metadata. He reminded the audience that the duty to preserve is separate and

distinct from the duty to produce. The duty to preserve continues after production

Ms Aranega demonstrated how to use the program X1 Social Discovery to download information from the social media website with the metadata while capturing every part of the post.

Admissibility and Authenticity

Ms. Shelton advised the audience to think about how to frame the evidence as what it purports to be while making your discovery requests, and while you are determining what the parties stipulate to before trial, so that the opponent doesn’t claim lack of knowledge during the trial.

Authentication is a matter for the court; the court is not bound by strict rules of evidence. Sample held that the offering party must prove by the preponderance of the evidence that the evidence is what it purports to be. The offering party does not have to rule out every inconsistent possibility about the evidence. Irwin Industrial Tool Co. v. Pifer, 478 Md. 645 (2022) held that circumstantial evidence is sufficient without authenticating a years-long chain of custody. The opponent could introduce conflicting evidence. Authentication merely renders evidence admissible. Weight and reliability of the evidence are ultimately up to the jury.

RIDING THE CIRCUITS

Anne Arundel County

By Jeffrey Sadri, Circuit Representative

The Anne Arundel Bar Association hosted their Charity Pub Quiz Night on the evening of November 16, 2022 at Galway Bay Irish Restaurant & Pub. Teams of two to six players competed in a general knowledge quiz, enjoyed superb Irish food, including shepherd’s pie, corned beef and cabbage, and bread pudding, while raising money for the community service programs of the Anne Arundel County Bar Foundation.

On December 14, 2022, the AABA held their Holiday Party at Libations in Millersville. Toys were collected to donate to Toys for Tots, and more than 35 winter coats were donated through the AABA’s partnership with Fresh Cleaners.

Baltimore City

By James Robinson, Circuit Representative, and Chair of the Young Lawyers Division of the Bar Association of Baltimore City

October

On October 13, 2022, the Bar Association of Baltimore City and Young Lawyers’ Division members gathered for a Rise & Shine Morning Mingle networking event at Au Bon Pain in downtown Baltimore. The event was geared toward members who may not have the ability to meet for networking events after business hours. The event was a resounding success as dozens of members turned out to enjoy coffee, pastries, and good company!

November

On November 4, 2022, the YLD CLE Committee hosted a remote panel discussion on common writing mistakes for attorneys to avoid. The panelists included Joe Fore, the Co-Director of the Legal Research and Writing Program at the University of Virginia School of Law, Michelle Hall, an attorney with the Appellate Division of the Public Defender, and Steven Klepper, an appellate attorney at Kramon & Graham. The panelist’s advice was insightful and useful!

In early Nov., the YLD Mentorship Committee made its mentor/mentee pairings. The Mentorship Committee made over mentor/mentee 30 pairings!

On November 17, 2022, the YLD hosted a Networking Event in Fells Point at the realtor, W Home Group of Next Step Realty. The event featured food and drinks from V-No Wine Bar & Shop. Dozens of members — including recently paired mentors and mentees — braved the chilly weather and enjoyed the good wine and even better company.

On November 22, 2022, the BABC held its 27th Annual Past President’s Luncheon at the Lord Baltimore Hotel. Congratulations to YLD member Rachel Samakow who was the YLD recipient of the Presidential Award. Other honorees included Valda Ricks (BABC Presidential Award), the Hon. Lynn Stewart Mays (Charles H. Dorsey, Jr., Mentor Award), and James Motsay (Paul A. Dorf ADR Award). Congratulations to all the award recipients!

On November 30, 2022, the YLD sponsored and fielded a team to compete in The CollegeBound Foundation’s annual Lawyer’s Campaign Trivia Night. Sadly, the YLD team (“YLD’n Out”) did not win, but there were numerous reports of irregularities. A recount of the point tabulation has been requested and a motion to stay certification of the final scores is pending. Stay tuned.

December

On December 14, 2022, the BABC held its annual Holiday Party at Guilford Hall Brewery. The turnout was great and proceeds from the silent auction went toward the YLD’s Annual Holiday Party for Children Living in Shelters at the Maryland Science Center on December 20, 2022.

On December 15, 2022, the YLD CLE Committee held a virtual Lunch & Learn (A View from the Bench and Tips for Young Lawyers), which featured Judge Ana D. Hernandez and Judge Catherine Chen, both from the District Court of Maryland for Baltimore City. Both judges provided useful tips for young lawyers practicing in the District Court. Thank you, Judge Chen and Judge Hernandez!

Harford and Cecil County

By Logan Hayes, Representative

Harford Holiday Celebration! On Thursday, Dec. 8, 2022, members of the Harford County Bar Association gathered at Liberatore’s in Bel Air for their annual holiday event. Attendees had their fill of food, desserts, and everyone left with a “goodie bag” from Rodier Family Law, P.A. The holiday event is an exciting time for practitioners in Harford and surrounding counties to mingle socially with the bench and to bring their significant others to enjoy a night off amidst the hustle and bustle of the season.

Heather Krick

Sonjay Singh Derek Van de Walle

hlkrick@gmail.com sonjay@dc-law.net vandewalle.derek.m@gmail.com