THE
ADVOCATE VOLUME 35, NUMBER 1 - Fall 2020
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SUMMER ISSUE!
TABLE OF CONTENTS 3 Message from the Chair 4 Committee Updates 4 Diversity and Inclusion Committee 6 Education Committee 7 Riding the Circuits 7 Baltimore City 8 Featured Articles 8 Drew E. Tilden, Building Black-Owned Business in Baltimore: A Rosenberg Martin Greenberg LLP Initiative 9 Kim Stepanuk, Young Lawyers as First Time Homebuyers 14 Aja’ I. Mallory, Esq., In Light of a Pandemic 15 Announcements 16 Lawyers Campaign Against Hunger 17 Living Classrooms Foundation 18 MVLS CAN 18 Young Lawyers’ Representative to MSBA Board of Governors
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MESSAGE FROM THE CHAIR BY ELIZABETH ROSEN, SECTION CHAIR (EMROSEN09@GMAIL.COM) I can certainly admit that I did not picture my year as Chair of the Young Lawyers’ Section (YLS) to look quite like this. Even among all the adjustments we have undergone in our personal and professional lives, some things remain consistent: the YLS is here for you. We continue to offer programming spanning all different arenas: Civic Engagement, Education, Family Friendly, Wellness, and more. Our upcoming events can be found at msba.org and I encourage all our members to stop by and see what we are up to. We welcome any suggestions as we press onward. I want to begin by extending a warm congratulations to all the law school graduates who recently sat for a unique bar exam experience and wish them all the best as they take one step toward beginning their careers as attorneys. Likewise, I am constantly thinking of our law students as they resume their studies in this evolving environment. The YLS has hosted coffee talks with current law students to keep a finger on the pulse of how things are going. The YLS also looks for opportunities to enhance and support the law schools. Both law school graduates and current law students are eligible for MSBA membership, and I encourage you to take advantage of all the programming available to learn and make connections with other MSBA members.
As the bar year gets into full swing, I want to take a moment to highlight the addition of the Civic Engagement Committee to our incredible YLS committees. This Committee is responsible for organizing and planning events to encourage young lawyers’ participation and involvement in addressing issues of public concern. As the next generation of attorneys, we are change agents. Through this Committee, I hope to educate our membership on getting a seat at the table, whether it be by serving as a delegate, council member, lobbyist, or otherwise. Young lawyers are sitting on boards and making their voices heard and I am eager to provide a sounding board for this energy. This year’s charity is the Community Law Center. The Center is a legal services organization for non-profits throughout the state of Maryland that provides learning opportunities and direct legal representation for neighborhoodled groups, community associations, grassroots organizations, and small nonprofits in Maryland. As we begin emerging out of the pandemic’s shadow, I wish everyone health and happiness. I anxiously await the time when it is safe for us to meet in person but look forward to seeing you all virtually soon.
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COMMITTEE UPDATES DIVERSITY AND INCLUSION COMMITTEE Hispanic Heritage Month BY MAYA ZEGARRA (YLS, DIVERSITY & INCLUSION COMMITTEE, CO-CHAIR) Diversity plays an important role in the legal profession today. While the reasons to promote diversity may vary— from attracting business or seeking attorneys that are representative of our diverse society —young attorneys play a vital role in fostering a diverse legal community. As a young attorney, it is important to find ways to contribute to increase diversity in the legal profession. Some ways to achieve this are through mentoring diverse law students, volunteering and encouraging high school students to attend law school, participating in or creating diversity initiatives at your firm, and educating yourself about important issues related to diversity. It is important to hold events than encourage diversity and to learn about important moments in history that highlight diversity. Hispanic Heritage Month runs from September 15th to October 15th. It is an annual celebration of the history and culture of Latin and Hispanic communities in the United States. Hispanic Heritage Month traditionally serves to recognize the contributions and influence of Hispanic and Latino/a/x Americans to
history, culture, and achievements in the United States. Started in 1968 by Congress as Hispanic Heritage Week, it was expanded to a full month in 1988. The celebration coincides with the national independence celebrations of five Hispanic countries on September 15th: Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. Mexico (September 16), Chile (September 18) and Belize (September 21) also celebrate their independence during this period. The terms “Hispanic” and “Latino” are often used interchangeably but they mean two different things. Hispanic refers to people who speak Spanish, are descended from Spanish-speaking populations, or both. Latino is a term that refers to geography, specifically it refers to people who are from Latin American or are descendants of people from Latin America. Both terms are generally used to refer to people living in the United States who speak Spanish, are of Latin American descent, or both. Latinx is a gender-neutral term used to describe people who are of or relate to Latin American origin or descent; however, just 3% of Hispanics use the term to describe themselves.1
https://www.pewresearch.org/hispanic/2020/08/11/about-one-in-four-u-s-hispanics-have-heard-of-latinx-but-just-3use-it/
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Hispanics are the largest ethnic and racial minority group in the United States. As of July 1, 2019, Hispanics represent 18.5% of the total U.S. population; 60.6 million people living in the United States are Hispanic.2 Between 2010 and 2017, the Hispanic population grew by 21% and by 2060, it is expected that one in four people living in the United States will identify as Hispanic or Latino/a/x.3
U.S. District Court Judge in 1992, she was an Assistant District Attorney in Manhattan for five years and was in private practice for eight years. In 1998, she was appointed to the U.S. Court of Appeals for the Second Circuit. In 2009, President Barack Obama nominated Justice Sotomayor to the United States Supreme Court. Young lawyers have an opportunity and the responsibility to shape the future of our legal community and it is important that we take an active role do so. Additional Resources: • https://www.americanbar.org/ groups/diversity/resources/ celebrating-heritage-months/ celebrating_hispanic_latino_ heritage_month/
Perhaps the most well-known Latina jurist is Justice Sonia Sotomayor, who is the first Hispanic Supreme Court Justice. Her parents were born in Puerto Rico, meeting and marrying in New York, where Justice Sotomayor was born. She grew up in housing projects in New York and faced many challenges. She was diagnosed with Type 1 Diabetes at the age of seven. Two years later, she lost her father, leaving her mother a single parent. After graduating summa cum laude from Princeton, Justice Sotomayor then attended Yale Law School where she began working her way up the legal ladder. Before being appointed
• https://hnba.com/ • https://www.loc.gov/item/prn-19093/library-of-congress-hostsevents-celebrating-hispanicheritage-month/2019-09-24/ • https://hispanicheritagemonth. gov/
Pew Research Ctr., Census 2010: 50 Million Latinos: Hispanics Account for More Than Half of Nation’s Growth in Past Decade (2011), http://www.pewhispanic.org/files/reports/140.pdf. 3 Joint Economic Committee, U.S. Congress, The Economic State of the Latino Community in America (2016). 2
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EDUCATION COMMITTEE
The Education Committee organized and hosted its first virtual/YouTube event of the bar year on Tuesday, September 8, 2020. The event, Tackling the Bar Exam & Employment in the Time of COVID-19, was geared towards recent graduates. The Director of Legal Education from Barbri and a Managing Director of Major, Lindsey & Africa, a worldwide attorney
recruiting firm, spoke about changes to the Maryland Bar, the Uniform Bar Examination, studying during the COVID-19 pandemic, and employment tips and strategies in the current market. If you were unable to attend the live event, you can watch a recording of it at https://www.youtube.com/watch?v=Za1Cll_UOc.
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RIDING THE CIRCUITS Baltimore City
On September 26th, more than a dozen members of the Public Service Committee of the Bar Association of Baltimore City’s Young Lawyers’ Division met at Druid Hill Park to clean up trash in partnership with the Baltimore City Department of Public Works.
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FEATURED ARTICLES Building Black-Owned Business in Baltimore: A Rosenberg Martin Greenberg LLP Initiative BY DREW E. TILDON UNIVERSITY OF MARYLAND CAREY SCHOOL OF LAW, 2021
When the country erupted into protests after the murder of George Floyd, I— like many—was left wondering how I could mobilize my community toward positive action. As a Black, female law student, I felt compelled to contribute to the Black Lives Matter movement (BLM) in a tangible way. At that point, I had spent nearly a year working as a law clerk at Rosenberg Martin Greenberg LLP (RMG), a Baltimore City-based
business law firm. During that time, I had become aware of RMG’s outstanding commitment to diversity, inclusion, and uplifting minority voices. I reached out to my attorney-supervisor to discuss ways that RMG could give back to the community, support Black voices in Baltimore, and get involved in BLM on a larger scale. She was thrilled and suggested that we try and make 8
use of our specific suite of services to achieve that goal. I proposed that RMG provide pro bono legal services to five early-stage, Blackowned businesses in the area. The firm was eager to meaningfully support BLM, and the idea was met with overwhelming enthusiasm. Within a few days, RMG formed a planning committee and the Building Black-Owned Business in Baltimore Initiative (BBOBB) was born. On July 1, 2020, RMG opened applications and, after a two-month review process, five promising local businesses were selected to receive pro bono legal services through the end of the 2021 calendar year. The diverse participants represent a vast array of industries and they all share RMG’s commitment to supporting Black communities and building Black wealth. BBOBB utilizes RMG’s expertise in business law to aid local, Black-owned
businesses at a crucial point in their timeline: the beginning, when the farreaching effects of systemic racism are profoundly felt in what often amounts to the absence of capital necessary to pay start-up costs, including legal fees. Since BBOBB was announced, at least one other Baltimore-area law firm has announced a similar program. Firms across the country have either reached out for advice on how to launch similar programs, or offered their assistance in our representation of BBOBB participants. BBOBB is an example of how legal professionals can make meaningful change through thoughtful pro bono work. Such programs support individual clients and their communities while encouraging other legal professionals and organizations to take similar steps. I look forward to seeing the program through and pledge to continue to use my legal education to make positive change.
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Young Lawyers as First Time Home Buyers BY KIM STEPANUK, SETTLEMENT ATTORNEY (KSTEPANUK@MBH.COM) After three years of law school and two months of intensive bar preparation, it may feel like you know all you need to know about the law of real estate, contracts, and real estate contracts in order to purchase your first home, make an inter-family transfer of real estate, or place a deed in trust. BUT, the biggest piece of real-life advice I can provide is to always consult with an industry expert regardless of how much you think you actually know, or even if you believe you have enough knowledge to “get by” to save some money. The truth is that the information a trusted industry expert can provide is invaluable. This advice extends to all areas of life, but especially in the real estate field where a mistake can cost you hundreds of thousands of dollars making the amount of money you borrowed to attend law school seem like a meager investment. Before buying your first home, consider the following eight tips: 1. Determine your budget. Some financial planners recommend that your housing payments, including property taxes and insurance, be no more than 25% of your take-home income. If, for example, you earn $60,000 after taxes, your housing payment should not exceed $1,250 per month. Of course, there are other factors to consider, especially
if you will be renting some of the rooms, sharing the property with other income earners, listing some of the rooms on an online rental marketplace like Airbnb, or you expect that your income will significantly increase in the coming years. This analysis depends, in part, on your risk tolerance, monthly expenses, and other financial goals, but it is important to be realistic about your budget from the start. Nothing hurts more than falling in love with your dream home only to later figure out that you cannot afford it or, even worse, that you have to sell your dream home within the first few months or years of buying it to find something more affordable. 2. Obtain pre-qualification for your loan. Speak with multiple lenders – shop around to find the best price. Note the difference between mortgage prequalification, which is an estimate of what you might be able to borrow based on the information you provide, and preapproval which is an offer, but not a commitment, to lend you a specific amount for the preapproval period, usually 90 days. Be prepared to provide proof of employment (where you work and your income), documentation regarding debts and assets, and an idea of how much you plan to 10
put down as a down payment on the property (see above regarding “budget.�). The more you put down as a down payment, the lower your monthly payment will be. You will also undergo a credit check by the lender(s). Any good mortgage lender will explain your options including first-time homebuyer opportunities or opportunities available to military veterans and public servants in revitalization areas. If they are not going to take the time to work with you and explain your options, or they are not responsive, go with another lender. 3. Find a Real Estate Agent. Do your research and find an agent that you trust. Ask for referrals, search for online reviews, and schedule meetings with at least 2-3 agents. Think of this as an interview process. You want to make sure that you and your agent are a good match and that the agent is not going to talk you into purchasing a home that you do
not want or cannot afford. When you meet with the prospective agents, have readily available information about your budget, pre-qualification limits, and goals, including your vision for the property, location, and expected condition. When you find an agent you would like to work with, you will sign a buyer-broker agreement outlining the scope of the work the agent will do for you, as the buyer, establishing how they will be compensated from the sale, and stating the agent’s obligations and responsibilities to you as your agent. It never hurts to double check with your agent about firsttime homebuyer opportunities, opportunities available to military veterans, and opportunities for public servants in revitalization areas. 4. SHOP SHOP SHOP. In addition to some options that your real estate agent will show you, you can also do research on your own by using Zillow, Redfin, or a similar website. 11
These websites allow you to search properties by geographic location, bedrooms, bathrooms, property type, schools, and price, among other filter options. From these options, you can select a handful of homes that you would like to view in person. Your real estate agent will contact the seller’s agent to schedule the showings at a mutually convenient time. 5. Put in an offer and negotiate the contract. Once you find a home you love, your real estate agent will help you submit an offer including your offered price and any contingencies or other requests. If the seller agrees, they will accept your offer. If they do not agree, they may provide a counteroffer or reject your offer. Once the buyer and seller agree on a price and terms for the sale, the parties execute the contract often called a “residential sales contract.” These are form contracts which are routinely updated by the local real estate associations, so double check with your agent that they are using the most up-to-date forms available. At this stage, you should also be prepared to make a payment called “earnest money” which is a deposit made to a seller (held in a non-interest bearing escrow account by the settlement company or real estate brokerage) which serves as the consideration for the contract. The earnest money deposit represents the buyer’s good faith agreement to buy the home and upon settlement will be credited towards the purchase price and
costs of the home. The terms of the residential sales contract will govern what happens to the earnest money deposit if the sale falls through. The earnest money deposit amount is negotiable but most strong offers will include the buyer’s offer to deposit money in escrow. In most areas of Maryland, 1% of the purchase price to be paid within three days of the agreement is standard for an earnest money deposit but the amount will vary based on region, purchase price, and the strength of the residential real estate market. 6. Submit your contract to a Title Company. This is the biggest undervalued step in the process. Once there is a fully executed residential sales contract, your agent will send the paperwork including the sales contract to a Title Company. The Title Company will review the contract and do other investigation to spot issues that could arise when transferring the title. If there are any identified issues, the Title Company will contact you or your agent to discuss the options to resolve the issue in advance of closing. A settlement attorney, like myself, works for the title company. Some title companies, like MBH Settlement Group, will handle the escrow and closing services, as well. As the purchaser, you have the right to choose your own title company and settlement attorney; you do not have to select the title company that your agent recommends or prefers. When choosing your title company, you can 12
save money by shopping around. Good title companies will be very transparent with their pricing and some have calculators available on their websites (e.g. mbh.com). “Split settlements” where the buyer and seller execute documents at separate times and separate locations are becoming more and more common. “Split settlements” where the seller hires the seller’s own settlement company, usually for less than $500, to review the residential paperwork on his/her behalf are also becoming more common. Although the Title Company is a neutral party, some sellers want their own independent investigation by a title company of the seller’s own choosing to minimize issues at closing or thereafter. 7. Close on the property. At “settlement” or “closing,” the step at which all of the land transfer documents and notices are signed and the residential sales contract is performed, the buyer and seller will
execute all necessary documents to complete the transaction and your settlement company (often the same as the title company) will finalize the paperwork, disburse the escrow funds, and record the proper paperwork with the land records department in the county where the purchased property is located. 8. Move in and enjoy your new home. The last step is self-explanatory and worthy of enjoying with your adult beverage of choice as you figure out the best way to get your overstuffed couch up three flights of stairs. Home buying can be an exciting and sometimes daunting process but having the right people on your team (lenders, real estate agents, and a great settlement team) can make the process stress free and enjoyable.
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In Light of a Pandemic BY AJA’ I. MALLORY, ESQ. The year 2020 will be a year to remember. This year for many has been awful and stressful. I often hear and laugh at the statement that 2020 is the year Jumanji came to life. Each month brings a new level of Jumanji. However, as 2020 nears the end, I would describe this year as transformative. I began my new position as Consumer Staff Attorney at Maryland Volunteer Lawyers Service in February. I was confident and excited about learning the functions of my current role and the culture of the company. By midMarch, the State of Maryland shut down in response to the Covid-19 pandemic. After just 6 weeks of learning entirely new areas of law, and recently trained, I was now home working remotely. Trying to adjust to our “new normal,” I began advising clients on their tax sale and single-family home foreclosures. I would be remiss if I did not point out that tax sale season is stressful under normal circumstances, but considering COVID-19, the stress of tax sale season was monstrous. Moratoriums and ordinances were evolving daily and, as a result, my advice to clients was continually changing. I felt the growing pains of being a new attorney, yet I was also evolving into something better. In a matter of months, I owned my status as an Attorney. I went from “Well, I think I possibly can” to “I know I can.” I had
to trust and believe in my process by exercising my faith in my education and intellect. I found what works for me. I have realized that individuals will provide mountains of advice filtered through their own experiences; therefore, I identified what brings me joy and worked with my colleagues to build on those experiences. This pandemic has unlocked a new confidence within me. Normally, I would quietly observe and take in the information provided. In light of this pandemic, I have jumped at all available opportunities. I am taking on new challenges and seeking mentorships that are beneficial to me both personally and professionally. From home, I take part in consumer roundtables, help clients with loan modifications and other foreclosure matters, advise clients about their options to avoid tax sale, provide testimony to Baltimore City Council, and operate a consumer protection hotline, along with other tasks either inherited or simply part of my daily routine. People may not realize or appreciate it, but this year has been transformative. Some of us may have found our niche, some may have loved, and some of us may have also lost, but 2020 reminds us to expect the unexpected. I say “thank you” to 2020—the misfit, the troublemaker—the year that pushed me out of my comfort zone to better advocate for consumers. 14
ANNOUNCEMENTS Lawyers’ Campaign Against Hunger Young Lawyers Committee The Lawyers’ Campaign Against Hunger is here once again. The goal of the campaign is to raise money for the Maryland Food Bank. The Young Lawyers Committee asks that you consider donating to the campaign at mdfoodbank.fenly. org/drive/younglawyers/. The Young Lawyers Committee also has two great upcoming events to support the campaign! See below for details. Virtual Fundraiser: Trivia Night Sunday, October 18, 2020 at 8:00 p.m. Each team registration=$10 gift to the Maryland Food Bank Registration link: playvirtualtrivia.com Theme: Harry Potter Leave the muggle world behind for a magical night of Harry Potter trivia benefitting The Maryland Food Bank!
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Restaurant Fundraiser: True Chesapeake Oyster Co. Wednesday, November 11, 2020 10% of all dine-in and take-out orders on Wednesday, November 11th will go towards The Maryland Food Bank. Make your reservation TODAY: www.truechesapeake.com
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MVLS CAN (Community Advocacy Network) is a group of attorneys who have passed the bar in the past 10 years and want to grow their resume, skill sets, and network. In addition to the many benefits MVLS already provides to our volunteers, MVLS CAN members have additional opportunities for networking, trainings, and connecting with their peers. MVLS CAN is inviting all interested members to join our group and participate in our leadership committee. To learn more about MVLS CAN, visit our webpage at mvlslaw.org/mvls-can.
The Young Lawyers’ Section of the Maryland State Bar Association is seeking applications for the position of Young Lawyers’ representative to the MSBA Board of Governors. Two positions are currently available each for a two-year term that will run from June 2021 through June 2023. Any current member of the Young Lawyers’ Section who is interested may submit an application to Michael R. Hudak, Chair, Nominating Committee, MSBA Section of Young Lawyers. All applications must be received via email to angela@msba.org no later than the close of business on Monday, November 2, 2020. Applications should include a statement of interest, a resume, and a list of Bar activities. If you have any questions, please contact either Michael Hudak (mhudak007@gmail.com) or Angela Munro (angela@msba.org).
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PUBLICATIONS COMMITTEE For questions or comments about The Advocate please contact any member of the Publications Committee: Monica Basche Chelsea Crawford Chaz Ball Paul H. Farmer, Jr.
mbasche@browngold.com CCrawford@browngold.com cball@sbwlaw.com pfarmer@gjblawfirm.com
