THE BAR ASSOCIATION OF MONTGOMERY COUNTY ......2 The Bar Association of Montgomery County, MD Newsletter January, 2013 FOR YOUR INFORMATION 2012-2013 Officers and Chairs ASSOCIATION

THEBAR ASSOCIATION OF MONTGOMERY COUNTY, MDTHEBAR ASSOCIATION OF MONTGOMERY COUNTY, MD

Volume 60, Issue 7 January 2013

NEWSLETTERNEWSLETTERIN

SID

E T

HIS

IS

SU

E

3 Current Update

6 A Balancing Act ...

10 Tech Talk

11 New Practitioners

14 Committees/Sections

Insert Joint Membership A Meeting

Insert Bar Foundation B CLE Seminar

25 Pro Bono

26 Specialty BarAssociations

27 Rent/Lease Ads

28 Attorney OpportunityAds

30 States AttorneySchedules

31 Judges Schedules

Back

Cover Calendar

Pride in Membership, Leadership in Justice

www.montbar.org

(Continued on page 4)

BAR LUNCHEON SCHEDULE

February 5, 2013 – Speaker: Douglas F. Gansler, Maryland Attorney GeneralMarch 5, 2013 April 9, 2013

Rockville United Methodist Church ~ 112 West Montgomery Ave., Rockville, MD12:15p.m. - 1:00p.m.

If you have a dietary restriction and require a special meal, please contact Cindy [email protected] at least 1 week prior to the luncheon. Please indicate what type of dietary restrictionyou have. PLEASE NOTE ... We must receive your request in writing at least 1 week in advance of theluncheon so that we can accommodate you.

PRESIDENT’S MESSAGEBy Daniel M. Kennedy, III

Welcome to 2013. Finally, thenew year brings us the longawaited Open House.

Accordingly, I welcome every-one to the newly rebuilt andrefurbished Bar building for thefestivities on Thursday,

January 10, 2013. Thanks tothe work of the Bar

Foundation’s Decorations Committee, chaired byThe Honorable Ann Harrington, and an exceptionalcontribution from the family, friends and former lawclerks of The Honorable Richard Latham, a displayof art will be unveiled unlike any that has previous-ly adorned the walls of 27 West Jefferson Street dur-ing its previous decades as the Bar building. Pleaseshare the camaraderie of your fellow members andcelebrate the exceptional efforts of so many, includ-ing your own contributions to the capital campaign.

As to the future direction of our BarAssociation, the diligence of the LeadershipDevelopment Committee has resulted in theapproval by the Executive Committee of finaldetails of the Leadership Development Academyas we prepare to introduce the inaugural class atthe Annual Meeting on April 26, 2013. The pur-pose of the Leadership Development Academy isto engage Montgomery County lawyers in trainingand activities to develop and enhance their skills asfuture leaders of the Bar Association ofMontgomery County, as well as to promote theimage of lawyers in our community through com-

OPEN HOUSE SCHEDULEDFOR JANUARY 10TH

Stop by and take a look at our newlyrenovated offices ... Join us at our openhouse on Thursday, January 10th at

5:00 p.m.

Please RSVP to Cindy [email protected].

VIEWS FROM THE BENCHON LEGAL ETHICS

The Legal Ethics committee of theMontgomery County Bar Association willpresent a free program for the benefit ofall members of the bar. Judge John

Debelius and Judge Anne Albright willpresent "Views From the Bench on LegalEthics". Attorney and Judicial Ethics asseen from the bench are the subjects to bediscussed. All are invited to attend theprogram which will be held in Courtroom1 on the third floor of the CircuitCourthouse on Thursday, January 17,

2013 at 4:30 p.m.

SAVE THE DATE

119th Annual Meeting &Law Day Celebration

Friday, April 26, 20138:00a.m.-2:30p.m.

2 The Bar Association of Montgomery County, MD Newsletter January, 2013

FOR YOUR INFORMATION

2012-2013Officers and Chairs

ASSOCIATION OFFICERS President: Daniel M. Kennedy, IIIPresident-Elect: Richard H. MelnickTreasurer: James A. Mood, Jr.Treasurer-Elect: James R. HammerschmidtSecretary: Carlotta A. WoodwardPast President: John M. QuinnExecutive Director: Julie PetersenEXECUTIVE COMMITTEEVictor M. Del PinoWilliam C. Davis, IIIMarc R. EmdenJohn M. MaloneyWanda MartinezDonna E. McBrideRhian McGrathP. Lindsay ParvisMichael L. RowanJoan E. RyonPatricia P. ViaJohn S. Weaver

New Practitioners Co-Chairs:Aindrea M. Conroy & Christopher W. Roberts

COMMITTEE CHAIRSAssoc./Found. – Ann. Mtg. & Law Day – James R. Hammerschmidt,

Chair – (301) 951-9338Bench/Bar-Circuit – David C. Merkin, Co-Chair – (301) 251-1180;

Michael A. Taylor, Co-Chair – (301) 251-2772Bench/Bar-District Court – Richard D. London, Chair – (301) 588-6900Budget – Audrey A. Creighton, Chair – (301) 563-8867Community Outreach - Heather S. Collier, Co-Chair –

(301) 340-9090; Rhian McGrath, Co-Chair – (301) 907-2804Fee Dispute Resolution – Robert C. Park, Jr., Co-Chair – (301) 961-5175;

Karen Robbins, Co-Chair – (301) 260-0223Judicial Selections – H. Kenneth Armstrong, II, Chair – (301) 251-0440;

Brian E. Barkley, Vice Chair – (301) 251-6600Lawyer to Lawyer – Deane A. Shure, Chair – (301) 762-8860Lawyer Referral – Elizabeth G. Loggia, Chair – (301) 340-9393Leadership Development – Casey W. Florance, Co-Chair – (301) 838-3318;

Thomas M. DeGonia, II, Co-Chair – (301) 762-1696Legal Ethics – Jeffrey M. Axelson, Co-Chair – (301) 738-7650;

Samuel M. Shapiro, Co-Chair – (301) 340-1333Legislation – To Be AnnouncedMembership Benefits – David W. Lease, Co-Chair – (301) 838-8950;

Michael J. Bramnick, Co-Chair – (301) 634-3117Mentor/Mentee (sub of New Practitioners) - Clifford J. Boan, Chair –

(301) 762-1696Nominations & Elections – To Be AnnouncedSocial – Monica G. Harms, Co-Chair – (301) 838-3230;

Lili Khozeimeh, Co-Chair – (240) 777-9119Softball – Katherine G. Crowley, Chair – (301) 340-9090Specialty Bar Associations – Mary Ellen Flynn, Chair – (301) 563-6685Strategic Planning – David A. Pordy, Chair – (301) 230-5205;

Bradford S. Bernstein,Vice Chair – (301) 517-4811Technology – Sebastian Forgues Co-Chair – (240) 507-1700;

Behzad Gohari, Co-Chair – (301) 761-3000Youth Courthouse Project – Holly D. Reed, III, Co-Chair –

(301) 587-9480; Patricia P. Via, Co-Chair – (240) 777-6721

SECTION CHAIRS Alternative Dispute Resolution – Robert L. Baum, Co-Chair –

(301) 610-0610; Erik C. Johnson, Co-Chair – (301) 977-8002Business Law – Marc B. Bergoffen, Co-Chair – (301) 656-2707;

Robert M. Gottschalk, Co-Chair – (202) 530-3300Collaborative Law – Suzy L. Eckstein, Co-Chair –

(301) 424-8081; Darcy A. Shoop, Co-Chair – (301) 340-7950Commercial Litigation – Mary C. Lombardo, Co-Chair – (301) 838-3226; J. Bradford McCullough, Co-Chair – (301) 657-0734Criminal Law – Carlotta A. Woodward, Co-Chair – (301) 424-6366;

Jessica L. Zarrella, Co-Chair – (240) 777-7469Education Law – Patrick J. Hoover, Co-Chair – (301) 424-5777;

Lynndolyn Mitchell, Co-Chair – (301) 340-2541;Karen S. Smith, Co-Chair – (301) 652-4462

Elder Law – Morris Klein, Chair – (301) 652-4462Employment Law – Gwenlynn W. D’Souza, Co-Chair – (301) 452-1888;

Gregg C. Greenberg, Co-Chair – (301) 587-9373Estates & Trusts – Jay M. Eisenberg, Chair – (301) 230-5223Family Law – Julie B. Christopher, Co-Chair – (301) 838-3257;

Kathryn McDonough, Co-Chair – (301) 563-6685;Maureen M. Renehan, Co-Chair – (301) 762-1696

Immigration – Maria F. Glinsmann, Chair – (301) 987-0030Intellectual Property & Technology – Michael L. Greenberg, Co-Chair –

(202) 625-7000; Howard A. Newman, Co-Chair – (202) 544-8040Juvenile Law – Daniel W. Gaskill, Chair – (301) 279-7400Law Firm Management – Amy B. Strent, Chair – (301) 657-0010New Practitioners – Aindrea M. Conroy, Co-Chair – (301) 762-1696;

Christopher W. Roberts, Co-Chair – (301) 340-9090Chamber Chats – Kathryn Deckert, Chair – (301) 838-3330

Personal Injury Litigation – Paul S. Chung, Co-Chair (Plaintiff) –(301) 230-5230; Andre M. Forte, Co-Chair (Defense) – (301) 791-6924

Real Estate – Matthew D. Alegi, Co-Chair – (301) 230-6574;Alexis H. Peters, Co-Chair – (301) 255-0538

Taxation Law – John S. Pontius, Jr., Chair – (301) 424-7585Workers Compensation Law – William J. Inman, Co-Chair –

(301) 315-9400; Jeffrey W. Stickle, Co-Chair – (301) 791-6924

BAR ASSOCIATION OF MONTGOMERY COUNTY, MDNEWSLETTER

(USPS 430-930) ISSN-1079-0780is published monthly except July/August combined

at $25.00 per year by theBar Association of Montgomery County, MD

27 West Jefferson Street, Rockville, MD 20850-4200PERIODICALS POSTAGE PAIDRockville, Maryland 20850-4200

POSTMASTER:Send address changes to:

Bar Association of Montgomery County, MD, Newsletter27 West Jefferson St., Rockville, Maryland 20850-4200

Julie Petersen, Executive Director & EditorCindy Brandenburg, Assistant & Advertising Editor

FOR LAWYERS WHONEED HELP

If you are aware of attorneys who are havingproblems with alcohol, drugs, stress, emotionalproblems and related illnesses that interfere withtheir professional or personal lives, please call theLawyer-to-Lawyer Committee. Committee mem-bers are available to assist lawyers find confidentialeffective programs to suit their needs.

All calls are strictly confidential.Deane A. Shure, ChairPhone: (301) 762-8860

E-mail: [email protected]

Bar Association ... Main Line ... (301) 424-3454Julie Executive Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-3453

[email protected]

Maria Office Manager/LRS Supervisor . . . . . . . . . . . . . . . . . . . (301) [email protected]

Cindy Association Administrative Assistant . . . . . . . . . . . . . . . . (301) [email protected]

Monika . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) [email protected]

} Lawyer Referral Service Operator . . . . . . . . . . . . . . . . . . (301) 279-9100Marleni

Lawyer Line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) [email protected] and [email protected]

Bar FoundationYesenia CLE Seminars and Events Coordinator . . . . . . . . . . . . . . . . (301) 340-2534

[email protected]

Pro Bono ProgramClient Intake Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-7651

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-7652

The following staff listing is not for public information. It is for attorney use only.Debbie, Program Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 762-5831

[email protected]

Jennifer Office Administration / Client Coordination . . . . . . . . . . (301) [email protected]

Gaby Office Administration / Client Coordination . . . . . . . . . . (301) [email protected]

FRIENDS OF BILL W.LAWYER MEETING

For time and location of the meetings, pleasecontact Dan Gaskill at (301) 279-7400.

BAR FOUNDATION OFFICERS(Effective July 1, 2012)

President: John M. QuinnPresident-Elect: Daniel M. Kennedy, IIITreasurer: Bradford S. BernsteinSecretary: Mimi L. MagyarPast President: Patricia M. Weaver

BOARD OF DIRECTORS

COMMITTEE CHAIRSBar Revue – Steven J. Bienstock – (301) 251-1600Cable T.V./Law School for the Public – Lauri E. Cleary, Co-Chair –

(301) 657-0176; William C. Davis, III, Co-Chair – (202) 296-5600CLE Breakfasts – To Be AppointedContinuing Legal Education – John Weaver, Chair – (301) 424-7207Diversity – Charles B. Day, Chair – (301) 344-0660Endowment – Patricia M. Weaver, Chair – (301) 951-9360Facilities – Patrick C. McKeever, Chair – (301) 762-5212Fall Outing – Alison W. Rind, Co-Chair – (301) 657-0750;

David Shapiro, Co-Chair – (301) 656-7603Governance – Nancy A. Sachitano, Chair – (301) 657-8808Pro Bono – Michael J. Goecke, Chair – (301) 657-0185School Mock Trial – Bradford S. Bernstein, Chair – (301) 517-4811;

Casey L. Cirner, Co-Chair, (301) 762-1600Speakers Bureau & Youth Initiative Program – Mary Siegfried, Chair –

(301) 563-89127

Michael G. BanksHon. Mary Ellen BarberaLynn C. BoyntonJeannie K. ChoLauri E. ClearyHeather CollierHon. John W. Debelius, IIIDavid S. De JongPaul B. DeWolfePaul H. EthridgeE. Joseph Fitzpatrick, Jr.Jo B. FogelHon. Ann S. Harrington

Kevin G. HesslerHeather Q. HostetterPaul F. KempJoseph A. Lynott, IIIJ. Stephen McAuliffe, IIIRachel T. McGuckianA. Howard MetroJohn C. MonahanJames A. Mood, Jr.David A. PordyHon. Roger W. TitusDonna E. Van ScoyAlison C. Weinberg

January, 2013 The Bar Association of Montgomery County, MD Newsletter 3

CIRCUIT COURT NOTES

Progress Report on the Construction of

the Court’s Annex and IMPORTANT

INFORMATION REGARDING TEM-

PORARY INITIATIVE TO HOLD

BENCH WARRANT AND BODY

ATTACHMENT HEARINGS VIA

VIDEO:

The Maryland Avenue entrance ofthe Judicial Center has been closed forthe next stage of construction.Courthouse visitors and staff must nowuse the Monroe Street entrance or theT-level entrance, which can be accessedvia the Executive Office Building. Signshave been posted to direct court visitorswho normally enter from the MarylandAvenue/west side of the courthouse to theMonroe Street entrance.

Due to renovations, one elevator hasbeen taken out of service for public access.Again, it may be helpful to advise clientsand witnesses of the need to allow moretime to be punctual for hearings, trials andother scheduled events. Complicating mat-ters is the long-term, though temporary,

loss of the public parking lot across fromthe theaters on Maryland Avenue due tothe construction of a hotel and parkinggarage complex. Please advise your clientsto budget extra time to find parking and togain access to the courthouse and court-rooms. Thank you for your patience withthe inconvenience necessitated by the bothconstruction and renovations to the exist-ing structure, all of which are expected tobe completed by August, 2013.

To reduce the number of prisonerswho need to be transported to and movedabout the building during the final stagesof renovation and construction, the CircuitCourt is working with the Sheriff’s Office

and the Montgomery County Departmentof Corrections and Rehabilitation’sCentral Processing Unit, as well as theOffice of the Public Defender, State’sAttorney’s Office, and Child SupportEnforcement Unit to implement the tem-porary use of remote video from theCentral Processing Unit to allow BenchWarrant and Body Attachment Hearings tobe conducted in the same manner asCircuit Court Friday Video Bonds forapproximately 5 to 6 months during theconstruction/renovation period. Thesehearings will be noted on the docket aseither “Video Bench Warrant” or “Video

CURRENT UPDATE

David Gavin [email protected] 301-279-2700Jacqueline Ngole [email protected] 301-762-0013 Carlotta Woodward [email protected] 240-777-7499Jessica Zarrella [email protected] 240-777-7469For a written confidential opinion, submit your written request, marked confidential, toJeffrey M. Axelson, c/o Bar Association of Montgomery County, MD, 27 West Jefferson St.,Rockville, MD 20850.

LEGAL ETHICS HOTLINE


From personal injury to complex commercial disputes and everything in between, our highly trained Neutrals stand ready to assist you with all of your mediation and arbitration needs.

Hon. Dale R. Cathell (Ret.)Former Judge, Court of Appeals of Maryland

David A. Carney, Esq.Past President, Howard County

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Labor and Employment Lawyers

Hon. Henry L. Jones, Jr. (Ret.)Retired Magistrate Judge, United States

District Court, Eastern District of Arkansas

Morton A. Faller, Esq.Past President, Bankruptcy Bar Assoc. for the Dist. of Maryland

Patrick C. McKeever, Esq.Past President, Montgomery

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Hon. James L. Ryan (Ret.)Retired Associate Judge,

Montgomery County Circuit Court

Hon. Thomas P. Smith (Ret.)Retired Associate Judge,

Prince George’s County Circuit Court

John E. Sandbower, III, Esq.Best Lawyers in America,

ADR Section

Hon. J. Frederick Sharer (Ret.)Former Judge, Court of

Special Appeals of Maryland

John Henry Lewin, Jr., Esq. Past President, Bar Association

of Baltimore City

Kenneth L. Thompson, Esq.Fellow, American College

of Trial Lawyers

Quality, Results, Value.

For a complete list of our services and Neutrals throughout MD, DC, and VA, call 1-888-343-0922 or visit www.McCammonGroup.com

Dispute Resolution and Prevention


munity service. Each class will berequired to complete a public serviceproject and to attend a series of pro-grams throughout the Bar year.Programs will include presentationsfrom distinguished representatives of theBar, the community, the Chamber ofCommerce, and other business and cor-porate entities on the responsibilities ofleadership. A panel related to theresponsibilities of government leaders iscontemplated to involve the Sheriff’sDepartment, the State’s Attorney’sOffice and the County Government. Aprogram related to the duties of the judi-ciary, in the court, in the community, andwith the Bar Association, is contemplat-ed as well. Finally, a program related tothe bar associations of our state includ-ing the Maryland State Bar Associationand the specialty Bar Associations, willconclude the academic year.

Matriculation to the LeadershipDevelopment Academy will be on acompetitive basis. Membership will bebased on a number of factors, including,but not limited to, a number of diversity-styled issues, legal and leadership expe-rience, and demographics. The size ofthe class will vary but is contemplated tobe in the 10 – 15 lawyers range.Applicants must be licensed attorneys inMaryland, must be a member in goodstanding with the Bar Association ofMontgomery County, and must have lessthan 15 years of practice experience.The application process for the class of2013/2014 will commence February 1,2013, with a deadline for submission ofapplications of March 31, 2013. I willhave the privilege of introducing theincoming class with President-ElectRich Melnick during the lunch programof our Annual Meeting in April.

One of the more significant obliga-tions of the class participants will be tocreate, design and implement a communi-ty-related project in coordination with theBar President and the ExecutiveCommittee. To that end, the President-Elect of the Bar Association will becomeimmediately engaged with each incomingclass. It is contemplated that the pro-posed project will be determined withsignificant input from the President-Elect, and will be submitted to the Bar

PRESIDENT’S MESSAGE, cont’d

(Continued from page 1) President and Executive Committee forapproval.

I wish to acknowledge the extraordi-nary efforts of the Committee – HeatherCollier, Aindrea Conroy, Maura Lynch,Rich Melnick, Chris Roberts, KeithRosa, Andrew Schwartz, and JohnWeaver – as well as Co-Chairs CaseyWeinberg Florance and Tom DeGonia.The implementation of a LeadershipDevelopment Academy has been a goalestablished by the Strategic PlanningCommittee that has finally arrived.Please acknowledge the efforts of theCommittee by giving careful considera-tion to qualified candidates for the inau-gural class. The application will beavailable through the Bar Association. Ifyou have identified a qualified applicantwho is having trouble in the applicationprocess, please direct them to call me orthe Bar office.

Finally, to our many members whoare leaders in the myriad of ways thatour profession requires of us, thank you

for your efforts. Please, please, use theNew Year as an opportunity to regainyour focus and attention to goals youhave set for yourself during the existingBar year. If you have struggled with thepressures of balancing family and out-side activities with your professionalobligations, please use the BarAssociation to assist you in that regard.We have active Committees andSections waiting for your contributions.We all have leadership skills that weneed to share with our brethren of theBar and our community.

Again, I would like to wish eachand every one of you a happy, healthyand prosperous New Year. With anyluck, and the assistance of the appropri-ate professional mate, I am hopeful thatbefore Times Square rings in the com-mencement of 2013 that I will have letmy fingers wrap around the bill of aPacific billfish. If not, I hope Costa Ricaat least introduces me to some coopera-tive roosterfish or tarpon.

27 West Jefferson StreetRockville, MD

For further information, please contactNate Crowe 301.337.4730

Scheer Partners, 9201 Corporate Boulevard, Rockville, MD

Office SpaceAvailable for Lease

Body Attachment” Hearings. Counsel

who wish to confer in person with their

clients during hearings may do so by

telephone, or if they prefer, will be

granted access to their clients in the

room at the Detention Center that has

been temporarily reserved for these

hearings. Please report to the CPU by

12:45 to be escorted into the Detention

Center in time for the hearings, which

begin at 1:30 PM. Many thanks to the

Clerk of the Court, the Sheriff, the

Warden of the Montgomery County

Detention Center, and the stakeholder

agencies for their support and assis-

tance with this temporary initiative.

As noted in previous Bar Bulletins, therotation of judicial assignments in theCircuit Court will take place on January 7,2013, with the transition of case assign-ments already underway for complex Trackcases. Changes in judicial assignments aresummarized in the tables to the right:

While rotation of judicial assign-ments will occur on January 7, 2013,

adjustments of case assignments to facili-tate transition of caseloads began inOctober. CIVIL TRACK 4 case eventsscheduled on or after January 7, 2013 willreflect the incoming rotation judge whowill assume the civil calendar managedby the outgoing judge, with some adjust-ments to occur on a case by case basis dueto the change in assignment noted.

A stepped transition in the CRIMI-

NAL TRACK 4 caseload followed thesame procedure used for the July 2011judicial rotation. Beginning October 8,

2012, criminal cases filed on that datethrough December 7, 2012 AND

assigned to Track 4 reflect the follow-

ing incoming criminal/general rotation

judges.

This will allow the incoming judge toconduct the Pretrial Hearings occurring inearly 2013 and address issues andmotions, as well as handle the trial. Allindictments and informations filed onDecember 10, 2012 or thereafter havebeen directly assigned to the incomingrotation of judges.

CURRENT UPDATE


(Continued from page 3)

(Continued on following page)

With rare exceptions, TRACK 4criminal cases that were filed beforeOctober 8, 2012 and are pending trial onJanuary 6, 2013 will move calendar fash-ion using the table below.

Exceptional cases may include: casesalleging crimes with a potential

enhanced, life, or life w/out parole sen-tences; violent or multiple victim sexoffenses; cases in which substantivemotions on forensic evidence/expert testi-mony or NCR/competency issues/motions in limine have already been liti-gated.

In early December, the five (5)judges currently in the Criminal/GeneralAssignment received a listing of their

CIVIL Current 1/7/13 NOTE

CIVIL

CALENDAR 1 Judge Rupp JUDGE BURRELL

CIVIL

CALENDAR 2 Judge Rubin JUDGE RUBIN

CIVIL

CALENDAR 3 Judge Quirk JUDGE DUGAN

CIVIL

CALENDAR 4 Judge Scrivener JUDGE MCCORMICK

CIVIL

CALENDAR 5 Judge Jordan JUDGE ALGEO

CIVIL

CALENDAR 6 Judge Johnson JUDGE SCRIVENER (until retirement)

FAMILY/

JUVENILE

Current 1/7/13 NOTE

FAMILY

CALENDAR 1 Judge Algeo

JUDGE

GREENBERG

FAMILY

CALENDAR 2 Judge Savage

JUDGE SAVAGE

ALTERNATES WEEKLY WITH JUVENILE DEPENDENCY

(CINA) ASSIGNMENT

FAMILY

CALENDAR 3

Judges Callahan & McCally

JUDGES

CALLAHAN &

ALBRIGHT

(ONE JUDGE SITS IN FAMILY CALENDAR 3 AND ONE JUDGE

SITS IN JUVENILE DEPENDENCY EACH WEEK)

FAMILY

CALENDAR 4 Judge Bair

JUDGE

BERNARD

FAMILY

CALENDAR 5 Judge Albright

JUDGE

JOHNSON

FAMILY

CALENDAR 6 Judge Dugan

JUDGE RUBIN

FAMILY

CALENDAR 7 Judge Salant JUDGE SALANT

FAMILY

CALENDAR 8

Judge Mason

JUDGE RUPP

JUVENILE

DEPENDENCY

Judges Callahan & McCally

JUDGES

CALLAHAN &

ALBRIGHT

(ONE JUDGE SITS IN FAMILY CALENDAR 3 AND ONE JUDGE

SITS IN JUVENILE DEPENDENCY EACH WEEK)

JUVENILE

DEPENDENCY

Judge Savage

JUDGE SAVAGE ALTERNATES WEEKLY WITH

FAMILY CALENDAR 2

JUVENILE

DELIN UENCY/

DUTY

Judges Boynton & McGann

JUDGES

BAIR & UIRK

DELINQUENCY AND DUTY ALTERNATE WEEKLY

CRIMINAL Current 1/7/13

CRIMINAL Judge Bernard JUDGE MASON

CRIMINAL Judge Rubin JUDGE MCGANN

CRIMINAL Judge Greenberg JUDGE BOYNTON

CRIMINAL Judge McCormick JUDGE JORDAN

CRIMINAL Judge Burrell JUDGE MCCALLY INITIALLY TRACK 2 or 3 IF TRACK 4 is approved

JUDGE BERNARD (651) - JUDGE MASON (638)

JUDGE RUBIN (658) - JUDGE MCGANN(657)

JUDGE GREENBERG (661) - JUDGE BOYNTON (656)

JUDGE MCCORMICK (662) - JUDGE JORDAN (665)

JUDGE BURRELL (663) - JUDGE MCCALLY (667)

CURRENT TRACK 4 INCOMING ASSIGNMENT

JUDGE BERNARD (651) - JUDGE MASON (638)

JUDGE RUBIN (658) - JUDGE MCGANN (657)

JUDGE GREENBERG (661) - JUDGE BOYNTON (656)

JUDGE MCCORMICK (662) - JUDGE JORDAN (665)

JUDGE BURRELL (663) - JUDGE MCCALLY (667)

Track 4 cases pending trial in 2013 toreview and identify any exceptional casesthey wished to recommend to theAdministrative Judge as cases theyshould carry forward through trial (anddisposition). Subject to theAdministrative Judge’s approval, excep-tional cases will stay with the currentTrack 4 judge for trial and disposition.Those cases approved by theAdministrative Judge will take priorityover other assignments in order to main-tain existing trial dates.

Those pending Track 4 cases with atrial date already set that will be not car-ried by the current Track 4 judge will betransferred to the corresponding judgeUNLESS the succeeding judge’s calendarwill not accommodate that trial date.Where this occurs, the first availablejudge in the order above will become theTrack 4 judge. PLEASE NOTE THAT

THE TRACK 4 JUDGE IS ALSO THE

PLEA JUDGE AND THEREFORE

WILL CHANGE EFFECTIVE JANU-

ARY 7, 2013 FOR SUCH CASES.

ANY postponements or changes ofthe already scheduled trial date must beapproved by the Administrative Judgeand rescheduled ONLY in conjunctionwith the Assignment Office to avoid dis-ruption of other assignments. Where thejudge’s new rotation calendar will notallow a trial date within Hicks, that casewill be scheduled before the succeedingjudge in the criminal/general rotation asabove, where that judge is also not avail-able, the case will be assigned to thenext judge who is available in the orderlisted.

CURRENT UPDATE


(Continued from preceding page)

CRIMINAL TRACK 4 PLEA POLICY:

1) Track 4 cases filed prior to

October 8, 2012 will continue to haveavailable the current rotation of pleaactive judges.

2) Track 4 cases filed on October

8, 2012 through December 7, 2012 willhave available the current rotation of pleaactive judges PLUS THE TRACK 4JUDGE (from the incoming rotation).

3) Cases filed on or after December

10, 2012 will use the incoming rotation ofjudges consistent with Tracks 2 and 3below.

Criminal Track 2 and 3 cases filed

prior to December 10, 2012 have avail-able the previous rotation of active judges;assignment of incoming rotation of judgesas plea judges in Track 2 and 3 cases, aswell as Track 4 cases began December

10, 2012.

CRIMINAL TRACK 2 & 3 PLEA

POLICY:

1) Plea policy is unchanged. Pleaactive lists using the outgoing rotation ofjudges will be maintained for the casesfiled up to December 10, 2012.

2) All active judges in the incomingcriminal rotation will be available for pleaagreements up to the Pre-Trial Hearing forcases filed on December 10, 2012 andlater. Consistent with the DCM plan, thedesignation of judges as plea active orinactive will begin no earlier than January7, 2013, 4 weeks after assignments havebegun.

3) PRE-INDICTMENT PLEA

A BALANCING ACTThis is the part of the newsletter that is here to help you de-stress and lead a morebalanced life. Each month, our newsletter will give you a tip that you might imple-ment.

Are you doing everything you can to get new clients?Part of reducing stress and keeping balance includes getting a good flow of new

business. Whether you’re in a large firm, small firm, or a solo, this is a skill that youneed to practice every day. To be successful, marketing efforts must continuewhether you are busy or not busy. Here are some ideas:

• Pick a number between 20 and 100 and make it your goal to give out thatmany cards each week.

• Write and mail or email a short newsletter to establish yourself as the expertof your specialty.

• Attend an event you can network at once a week.• Set up a speaking engagement about your specialty once a month.Now that you’re back from the holidays, committing to a regular schedule when

marketing can reduce your stress. The stress of being slow at work is significant insmall and large firms alike. When coaching clients, I help them hold themselvesaccountable when it comes to marketing.

When you have plenty of new business available, you can pick the clients thatare the least stressful to represent. This can lead to even more balance. Could coach-ing help you commit to regular marketing practices?

Geoff Gilbert is a former practicing CPA at Ernst & Young and business attorney inMontgomery County. He now coaches Lawyers, CPA’s and Executives to help them managetheir practices better and enjoy their lives and practices more. Geoff also teaches a stresscourse at the University of Maryland in College Park. You can reach him at 301-881-3434 [email protected].

Congratulations to Heather S. Collier, Esquire, recognized by The Daily Record as one of 2012’s Leading Women. It is an honor to have Heather as a member of our family law practice. Leading Women acknowledges women who are 40 years old or younger for their tremendous accomplishments. They are selected based on their professional experience, community in-volvement, and commitment to inspiring change.

~ Congratulations on this well-deserved award ~

Dragga, Hannon, Hessler & Wills, LLP

AGREEMENTS FILED BEFORE

DECEMBER 10, 2012: Procedure isunchanged.

4) PRE-INDICTMENT PLEA

AGREEMENTS FILED ON OR

AFTER DECEMBER 10, 2012: May befiled before any plea active judge in theincoming rotation OR subject to certifica-tion that a written plea offer was extend-ed on a prior date to any plea active judgeavailable at that time. For cases filed onor after January 7, 2013, pre-indictmentplea agreements may be scheduled beforeany plea active judge in the incomingrotation.

Civil cases: please be reminded that

appearance by plaintiff’s counsel or a

self-represented plaintiff is required at

all scheduling, status/pretrial, settle-

ment conferences, and pretrial hearings

regardless of whether the defendant(s)

are served or the case is at issue. FUR-

THER, A NOTICE OF CONTEM-

PLATED DISMISSAL UNDER RULE

2-507 FOR FAILURE TO OBTAIN

JURISDICTION OVER A DEFEN-

DANT, A PENDING MOTION TO

DEFER DISMISSAL, OR AN ORDER

DEFERRING DISMISSAL DO NOT

EXCUSE THE ATTENDANCE OF

PLAINTIFF’S COUNSEL OR A SELF-

REPRESENTED PLAINTIFF. FAIL-

URE TO APPEAR CAN RESULT IN

THE DISMISSAL OF THE ACTION.

CIVIL TRACK 3 SETTLEMENT

CONFERENCES: We continue to workto make the Settlement Conferences inTrack 3 civil cases more productive for allinvolved. Please be reminded that Courtstaff in the Assignment Office who con-tact counsel in advance of the SettlementConference are now requesting additionalinformation about the status of discovery,ADR, and noting any unresolved motions.Cases with such issues are forwarded tothe DCM Coordinator, who will workwith the parties and make recommenda-tions to the Court as to whether SettlementConferences and Pretrial Hearings need tobe moved to resolve issues or proceed.

Counsel are urged to adhere to SchedulingOrder deadlines or request their extensionprior to their expiration. Finally, in thosecases in which appearance will impose asignificant hardship on a party or author-ized representative, any motion granted toallow telephonic participation will requirejust that, participation by telephone, ratherthan mere availability.

With these additions and the bar’scontinued support, the Circuit Court willbe able to reach the civil caseload andother caseloads scheduled for trial pre-dictably and promptly.

Your comments and suggestions arealways welcome.

John W. Debelius, Administrative Judgefor Montgomery County, MD

JUDICIAL ROTATION INFAMILY AND JUVENILE

Effective January 1, 2013, the fol-

lowing rotations will occur in Juvenile:

• Hon. Gary Bair will alternatebetween the Delinquency Adjudicatorydocket and the Duty Docket.

• Hon. Joseph Quirk will alternatebetween the Delinquency Adjudicatorydocket and the Duty Docket.

• Hon. Anne Albright will alter-nate bi-weekly between Family and theJuvenile CINA docket.

• Hon. Katherine Savage willalternate bi-weekly between Family andthe Juvenile CINA docket.

• Hon. Cynthia Callahan willremain in the bi-weekly alternatingFamily/CINA docket.

Effective January 1, 2013, in addi-

tion to Judges Callahan, Savage and

Albright, who, as mentioned above will

sit every other week in Family, the follow-

ing Judges will be rotating into Family:

• Hon. Robert Greenberg• Hon. Steven Salant• Hon. Marielsa Bernard• Hon. Eric Johnson• Hon. Ronald Rubin• Hon. Nelson Rupp

MCCC LAW LIBRARY –CHECK IT OUT

Mobile Devices (and their apps) are

EverywhereDid you get a new iPad for the hol-

idays? Or the latest Android phone?

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You are not alone, FUMSI e-magreports that mobile devices have adeeper consumer penetration than basicelectricity or water service. Here is alist of free sites and apps that let youcarry your law library in your pocket orbriefcase.

• ABAJournal.com: Access tobreaking legal news and in-depth articlesfrom the US’s most respected legaljournal.

• Bloomberg.com: Financial news,company information, stock prices andmarket trends/analysis are available onthis lively site.

• Google.scholar.com: Case law forMaryland and other states and the US.Type in your citation and click on “Legaldocuments” for the full text of thedecision.

• The Law Guide at thelaw.com:This site has a very comprehensive legaldictionary and other features.

• Lawstack.com: With the federalbankruptcy and court procedure rules;this site also has options to buy anddownload MD court rules, procedure,etc.

•Lawtechreview.com: Keep up todate with the latest legal apps, gadgetsand websites. Articles also in Spanish.

• Law Technology News at law.com:News and opinion about the legal profes-sion and its technology challenges anddevelopments.

• OpenRegs.com: Developed byGeorge Mason University, this siteoffers versions of proposed and finalfederal rules & regulations with links to

CURRENT UPDATE


(Continued from preceding page) federal news and a regulatory updatingservice.

• The Red Well at redwellblog.com:A blog aggregator for the best of the legalblog-iverse. Topics include practical sub-jects like jury selection and trial graph-ics/presentation.Remember – Find your answer fast at theMontgomery County Circuit Court LawLibraryHours: M-F, 8:00 a.m.-5:30 p.m., 50 Maryland AvenueRockville [email protected]

Kate MartinCircuit Court Law Librarian

LAWYER’S LITERARY

CIRCLE

On Thursday, January 24, 2013 wewill be discussing The Ghost Writer, byPhilip Roth.

With some rare exceptions, all of ourmeetings are held in the offices of Miles& Stockbridge P.C., 11 North WashingtonStreet, Suite 700, Rockville, Maryland20850, and begin at 4:30 in the afternoon.If any of your friends and associateswould like to join our group, all they needto do is to show-up for any of our meet-ings – everyone is always welcome toattend and snacks are always served.

Jim Demma

To sign up for theLawyer Referral Service,

contact Maria at 301.424.7040or

[email protected]~

In these Economic Times,How can you afford NOT to belong?

Could youuse more clients?

Join us for the BAMC Open House on Thursday, January 10, 2013 ~ 5:00 p.m. - 8:00 p.m.

Please RSVP to 301-762-8376 or [email protected]

The Montgomery County Children’sAction Team (CAT) received a very generousdonation this holiday season from Shulman,Rogers, Gandal, Pordy & Ecker, P.A. Inhonor of the law firm’s 40th anniversary, theylaunched a “Special Year of Giving” as a trib-ute to their clients and in support of our com-munity. In that spirit, Worthington (Skip)Talcott, Jr., as the firm’s representative, donat-ed 15 new Kindle eReaders and 15 gift cardsfor the children in Montgomery County’s fos-

ter care system. CAT started a “Kindles forKids” program over a year ago and this won-derful donation greatly enhances our ability toprovide educational and leisure-time opportu-nities for children in juvenile court. The CATteam is a multi-disciplinary team dedicated toimproving policy, procedures and programsfor youngsters in the Montgomery County’scourt system. Our most sincere thanks toSkip Talcott and Shulman, Rogers for theirgenerosity and support.

Shulman Rogers Gives Kindles

Marianna Burt, Esq., Lazarus & BurtJudge Cynthia Callahan, Circuit Court

Francha Davis, Director, CasaBetty Evans, Esq., Office Of The County AttorneyAgnes Leshner, Director, Child Welfare Services

Sylvia Long, Esq., Assistant Public DefenderRisa Mainprize, Esq., Juvenile Case Manager

Barbara Meiklejohn, Manager, Juvenile DivisionJudge Katherine D. Savage, Circuit Court

Beth Wanger, Esq., Legal Aide Bureau

JAMES J. CROMWELLFebruary 19, 1935 – October 30, 2012

Jim Cromwell was the epitome of agentleman and scholar, but more impor-tant it was the way he conducted these tal-ents that set him apart. As a colleagueonce said to me:

Notwithstanding his exceptionalintelligence, if just being a niceguy counted toward a lawyer’sgreatness, Jim would be at thevery top of the list.Another colleague commented about

Jim, he said:He applied and combined hisintellectual and analytical abilitywith old school charm andcharisma. He never got angry,rarely raised his voice, and usedgood natured humor to deflecthis opponents’ attacks. As a young prosecutor in the State’s

Attorney’s Office these characteristicsserved him well when presenting a case.Jim’s smile and congenial manner weresuch that at the end the poor defenseattorney was shocked to find his clientwas smiled into prison for a long term.

Jim handled many different legalproblems in his career. Once asked whathis specialty was, he said, “I specialize inthe legal problems of my clients”. Thatwas true. As a great trial lawyer he waselected a Fellow of the American Collegeof Trial Lawyers. As an expert in estatesand trust, he was elected as a Fellow ofthe American College of Estates andTrusts. In business law, he representedbanks, hospitals, and every other kind ofbusiness. He was on the board of banks,hospitals and his school. In our profes-

sion, he held many important posts,including President of our Bar here, and amember of the Executive Committee ofthe State Bar. He received requests fromthe State of Maryland through its gover-nors and chief judges. As a result, heserved on the Commission to Reorganizeand Re-codify the Annotated Code ofMaryland, on the Commission on LawEnforcement in the Administration ofJustice, Chairman of the Commission onthe Future of the Maryland Courts,Chairman of the Maryland AppellateJudicial Nominating Commission, andthe Attorney Grievance Commission ofMaryland. Recognizing his many contri-butions to our law and courts he receivedthe highest honor awarded by theMaryland State Bar, the H. Vernon EneyAward for contributions to theAdministration of Justice. InMontgomery County, he received virtual-ly every award the county Bar gives, TheCentury of Service Award, theProfessionalism Award, and HonoraryLife Bar Leader.

I could not discuss Jim Cromwell,however, without talking about his lovefor golf. He played it frequently. On thegolf course he was always friendly,funny, and a person you simply enjoyedto be with. The thought that he mightbecome upset, was simply unheard of.

He had his own set of rules. The bestknown was the beast rule. This rule isthat if your opponent sees a terrible shotyou just hit and declares it a beast, youget to take it over. The corollary to therule was that you could not get the ballyou miss-hit, you had to leave it forsomeone else to find.

He also had the Salter rule, which henamed after our colleague Jim Salter. Ifyour ball is stymied behind a tree, youwere given an option, you could eithermove the tree or the ball.

Every one of his rules involved alaugh, a joke, and fun during a golf out-ing.

I remember another example whenJim, John, and I were playing with ChiefJudge Robert Murphy at a State BarMeeting. The Chief was there because heenjoyed Jim’s company, which made arelaxed afternoon that a bad golfer couldenjoy as much as a good one. The Chiefhit a bad shot and it went into some highrough. He could not find it, but Jim foundit for him but before he told the Judgewhere it was, he put the ball on a longgreen tee. When the Judge came up to theball, he just looked down, hit it, andwalked off. We always joked among our-selves as to whether he knew his ball wason the tee. We never learned the answer.

Jim was also famous for his pokerparties, where his friends enjoyed hisinvitation to play. It was not the fun ofgambling, it was the fun of being withJim and having an enjoyable evening.

Whether he was in law, or in social-izing with us, Jim Cromwell was alwaysthe essence of a great guy.

Al Brault

IN MEMORIAM ...


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The deadline for submission of copy for the newsletter isthe 10th of the month for the

following months’ issue.

Large Screen Court Room Display – ForCheap! In this month’s column, I will suggestyou try a fast, inexpensive and very cool way todo your job: communicate. Lawyers are the ulti-mate communicators, are we not? The smoother,easier and better we can communicate, the betterattorneys we become. And, if we can have funand find new/renewed joy in the process throughnew and better technology, it doesn’t get betterthan that, does it? Oh yea, it’s also nice when weget paid…but don’t get me started on theimpending (as this is written) “fiscal cliff”.

How about this: If you’ve never heard oflocal content streaming, much less tried it outfor yourself, you should look into the assort-ment of small devices which easily connect tomost TV monitors and overhead projectorsand then wirelessly project that same imagefrom your mobile device, directly to that farlarger, multi-person display. Imagine, you

TECH TALK ... by Pat Hoover


have wirelessly projected any image you wish,whether static or moving with audio or silent –drawings, animations, live video conferencecalls, various kinds of documents, exhibits,photo’s, etc., etc – and you throw that “picture”onto a large monitor displayed to a jury, judge,arbitrator, colleague or, better yet, to your fam-ily and friends gathered around your familyroom at home. Sure, we’ve all heard of thisvery established tech feat used by the big guyswith deep pocket litigation budgets. But didyou know this is something you can now easi-ly do with a modest investment under $100 andvery little if anything else in cost?

I am an Apple guy but Google, Microsoftand the other computer/smart phone makers alloffer this functionality for a pittance and actual-ly really not much in the way of a learningcurve. The Apple TV is readily plugged intoyour available projector or big screen monitorand from there it services wonderfully to dis-play both images and sound in HD quality with-

out the need of any wires. Xfinity recently ran acommercial, offering users a teleconferencephone link on your big screen using Skype andComcast software. I can beat that! Using youriPhone Face Time video conference call featureand a $99 Apple TV, you can easily throw thecall onto a big screen and converse, hearing thecaller through your surround sound system. Nomore passing the little smart phone around theroom at holiday gatherings so everyone gets achance to say hello to that distant relative –everyone sees, hears and can talk back to thevideo caller together. And for cheap, cheap!

Last month, I attended the awesomeiLitigate MSBA solo conference organized byPat Yevics, and believe me, if you think largescreen conference calls sound cool, you aintseen nothing yet. This very basic and simpletech trick can easily be used in the courtroom,the boardroom and the conference room, togreat success and leaps in productivity for anypracticing attorney. Give it a try!

CONGRATS TO OUR BAMC MEMBERS

ON BEING RECOGNIZED AS

THE DAILY RECORD’S 2012 LEADING WOMENHeather Collier Rhian McGrath Jessica Hepburn Sadler

NEW PRACTITIONERSECTION MEETING DATES

January 15, 2013 March 19, 2013

February 19, 2013 April 16, 2013

All meetings will be held on the 3rdTuesday of the month at 5:30 p.m. in theCLE Classroom of the Bar Associationbuilding, 27 West Jefferson St.,Rockville, MD, unless otherwise noted.

Happy New Year! We hope you allhad a happy and safe holiday season andthat you’re ready for more fun andinformative events with the NewPractitioner’s Section!

On Wednesday, January 23rd from6:00 p.m. to 8:00 p.m., the NewPractitioner’s will participate in our annu-al community service project at MANNAin Rockville, Maryland. We will be pack-ing food boxes to be distributed atMANNA’s local food centers during themonth of January. All section membersinterested in participating should RSVPto Aindrea Conroy by email at:[email protected]. This has proved tobe a popular service project in past yearsand there are a limited number of volun-teer spots left, so be sure to RSVP soon toensure you will be able to participate!

We would also like to take this oppor-

tunity to give you all a sneak peak into whatwe have in store for the months ahead:

In February, look forward to our nextinstallation of the Nuts and BoltsProgram Series, “Nuts and Bolts ofPreliminary Domestic Hearings:Scheduling Hearings, Pendente LiteHearings and Beyond!” It will takeplace on February 19, 2013 at 5:30 p.m.in the CLE Classroom of the BarAssociation building.

Make sure to check next month’snewsletter for details on the NewAdmittee Courthouse Tour &Reception, which will be held in March.This is a great event, giving us the oppor-tunity to welcome our newly-admittedfellow attorneys!

CHAMBER CHATS

Our January Chamber Chat will takeplace on Thursday, January 10, 2013, at12:30 p.m., hosted by the HonorableCynthia Callahan. Judge Callahan hasbeen on the Circuit Court bench since June29, 2009. Judge Callahan is currently onthe Family and Juvenile rotation. Prior tojoining the bench, Judge Callahan was apartner at Dragga, Callahan, Hannon,Hessler & Wills, LLP. Bring your lunch,

take advantage of this opportunity to get toknow a member of our Circuit Court benchin an informal setting, and bring your ques-tions for Judge Callahan about practice inthe Circuit Court. No R.S.V.P. is required,and please note the Chamber Chat is opento all members of the Bar, not just mem-bers of the New Practitioners Section.Judge Callahan's Chamber is located in theold District Court Building at 27Courthouse Square, Courtroom 52. If youhave any questions, please feel free to con-tact Kathryn Deckert, Chamber ChatCommittee Chair, at (301) 838-3330 [email protected].

MENTOR/MENTEECOMMITTEE

Ask successful attorneys how theyachieved their success and many responseswill include mention of a long-ago-past,“lucky” encounter with someone who tooka genuine interest in that successful attor-ney’s early professional and personalgrowth. Such responses remind us that suc-cess in the demanding practice of lawrequires, in addition to hard work, guidancefrom those with the experience to offer it.In the Montgomery County Bar AssociationMentor-Mentee Program, experiencedattorney-mentors generously share theirtime, energy, and wisdom with their new-practitioner mentees. Through that gener-ous sharing, mentees receive invaluableadvice on the practice of law, enjoy the spe-cial camaraderie of the MontgomeryCounty Bar Association, and begin whatoften can be a life-long relationship.

If you have practiced law for morethan seven years, we invite you to volun-teer to be a mentor in the MontgomeryCounty Bar Association Mentor-MenteeProgram. Please, share your experienceand offer your guidance to us young attor-neys who need it most and are eager toaccept it. Likewise, if you have beenpracticing law for less than seven years,let this be the lucky moment that you lookback upon and credit for your future suc-cesses. Submit your application to be amentee today.

Mentor-Mentee pairing letters aremailed out on the first Monday of themonth after a mentee application isreceived, and official pairings are for aterm of 12-months. For more informationabout the program, or for an applicationto become a mentor or mentee, pleasecontact Cliff Boan at [email protected].


NEW PRACTITIONER SECTIONAindrea Conroy, Co-Chair

Chris Roberts, Co-Chair

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HIGH SCHOOL MOCK TRIAL COMPETITION

The 30th Annual Maryland State Bar Association High School Mock TrialCompetition will take place over the next few months. Over 52,000 students haveparticipated in this competition since its inception. Each year, approximately 20high schools from Montgomery County participate. This year’s case explores thetopic of animal cruelty and neglect. From January through March, there will beapproximately 50 trials in the Circuit Court. Each trial lasts approximately twohours. If you are interested in acting as a judge in one of these trials, please

contact co-chairs, Bradford S. Bernstein or Rachel Shapiro at 301-762-1600.

An attorney’s role in his relationshipwith a client is to use legal means toadvance the client’s case and attain theends which the client desires to reach.There are times, however, when the attor-ney may feel moved to assist his clientthrough monetary advances. Such acts areunderstandable, as the attorney’s personalrelationship with a client may cause him tofeel compelled to lessen his client’s finan-cial hardships. However, this conflictswith existing rules on professional respon-sibility. The kind, humanitarian attorneymust beware of making decisions that ariseout of his sympathetic instincts.

The Dalai Lama says: “This is my simple religion. There is noneed for temples; no need for complicatedphilosophy. Our own brain, our own heart isour temple. The philosophy is kindness.”

However the Rules of ProfessionalConduct say otherwise.

Rule 1.8(e) of the Rules of ProfessionalConduct states:

(e) A lawyer shall not providefinancial assistance to a client in connec-tion with pending or contemplated litiga-tion, except that:

(1) A lawyer may advance courtcosts and expenses of litigation, therepayment of which may be contin-gent on the outcome of the matter; and

(2) A lawyer representing an indi-gent client may pay court costs and expens-es of litigation on behalf of the client.

A plain reading of this rule suggests thatneither gifts nor advances of funds toclients in connection with pending orcontemplated litigation are permitted.The Rule says exactly what it means.

Rumi writes: There You Are

You're inside every kindness. When a sick person feels better, you're that, and the onset of disease too. You're sudden, terrible screaming…Thereyou are…”

However, in Attorney GrievanceComm'n. v. Kandal, 317 Md. 274 (1989),the Court of Appeals held that advance-ment of funds for a client's medical treat-ment, transportation to a treatment facili-ty, and costs of repair or maintenance of aclient's vehicle, all violate former Code ofProfessional Responsibility DR 5-103(B), the predecessor to Rule 1.8(e).The Court of Appeals explained that therationale for this Rule is

directed at avoiding the acquisi-tion of an interest in litigationthrough financial assistance to aclient. An important public pol-icy interest is to avoid unfaircompetition among lawyers onthe basis of their expenditures toclients. Clients should not beinfluenced to seek representa-tion based on the ease withwhich monies can be obtained,in the form of advancements,from certain law firms or attor-neys.

Id. at 281. Subsequently, in AttorneyGrievance Comm'n. v. Eisenstein, 333Md. 464 (1994), the Court of Appealsheld that advancing funds to a client fornon-litigation related living expenses vio-lates Rule 1.8(e), despite the long-stand-ing personal relationship between theattorney and client.

These decisions are in line with pre-vious decisions of the Court of Appeals.(See Attorney Grievance Comm'n. v.Pennington, 355 Md. 61, 76-77 (1999)(loans to litigation client for personal useviolated Rule 1.8(e), even though thoseloans were not in context of litigation);Attorney Grievance Comm'n. v. Harris,310 Md. 197, 214 (1987) (home purchasedeposit and settlement costs, car, andvideo machine advanced before suit filedbut during a time when the attorney andclient were going to pursue legal rights,violated Rule 1.8(e)); Attorney GrievanceComm'n. v. Engerman, 289 Md. 330, 339-340 (1981) (advances for food and other

necessities because the attorney felt sorryfor the client were a violation of Rule1.8(e)). The MSBA Ethics Committeeeven went a step further.

The poet Saadi said:The children of Adam are limbs of

each otherHaving been created of one essence.When the calamity of time afflicts

one limbThe other limbs cannot remain at

rest.If you have no sympathy for the trou-

bles of othersYou are not worthy to be called by

the name of "man".

However, in Ethics Docket 2001-10, theCommittee stated that even gifts to aclient in connection with pending or con-templated litigation are not permitted.Although the previously discussed casesinvolved loans, the rational for barringloans similarly apply to gifts.Specifically, the Committee cited toKandel, which stated "[a]n importantpublic policy interest is to avoid unfaircompetition among lawyers on the basisof their expenditures to clients. Clientsshould not be influenced to seek repre-sentation based on the ease with whichmonies can be obtained, in the form ofadvancements, from certain law firms orattorneys." As gifts to a litigation clientcould have the same effect, such gifts area violation of Rule 1.8(e). Thus, anyfinancial assistance, be it in the form of aloan or a gift, to either a client or a poten-tial client in connection with pending orcontemplated litigation is a violation ofRule 1.8(e).

So where does this leave the kind,humanitarian attorney? In Ethics Docket2000-42, the Committee adopted a deminimus exception to Rule 1.8(e), statingthat a de minimus gift does not amount tofinancial assistance. Conversely, anattorney can forgo representation andinstead provide a gift and presumably aloan. What the attorney cannot do is to

FEATURE ARTICLE ... LEGAL ETHICS


The Bar On Kindness?

both represent a client as well as help theclient out financially, be it by paying partof the client's rent, buying burn cream forinjuries sustained in a burn case, or help-ing with repair costs of a vehicle involvedin an accident. These Rules may befavored by the Bar as, inter alia, they givethe attorney being asked for help a plau-sible reason to say no. From the indigentclient’s perspective these all might simply

seem a likely excuse. The Rules andenforcement of these principles do notseem to be equally applied to wealthyexecutives or potential clients whomlawyers might “wine and dine,” take toCountry Clubs, ball games, etc. Shouldthese Rules be modified, or might thepowers that be maintain the status quo,citing to The Rubaiyat of OmarKhayyam:

“The Moving Finger writes; and, havingwrit,Moves on: nor all your Piety nor WitShall lure it back to cancel half a Line,Nor all your Tears wash out a Word of

it…”A.P. Pishevar, Committee Member

Jeffrey M. Axelson, Co-ChairSamuel M. Shapiro, Co-Chair

Legal Ethics Committee

FEATURE ARTICLE ... LEGAL ETHICS


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119th Annual Meeting &Law Day Celebration

Friday, April 26, 2013 ~8:00a.m.-2:30p.m.

Bethesda North Marriott Hotel& Conference Center

Keynote Speaker:Robert M. Bell, Chief Judge,Court of Appeals of Maryland

You are cordially invited to attend

Our Open House!Please stop by and take a look at our newly renovated offices

Thursday, January 10, 2013 ~ 5:00 p.m. - 8:00 p.m.~ Recognition ceremony to begin at 6:30 p.m. ~

The Bar Association of Montgomery County, MD27 West Jefferson St.Rockville, MD 20850

Please RSVP to [email protected] or 301-762-8376.

ALTERNATIVE DISPUTERESOLUTION SECTION

The next meeting will be held at 5:30p.m. on Wednesday, January 23, at thebar headquarters in Rockville. This meet-ing will focus on the new and substantialchanges made to Title 9-205 and Title 17of the Maryland Rules, which govern themediation programs in Maryland’s circuitcourts. The Court of Appeals recentlyapproved a host of changes to those rules,and they take effect on January 1, 2013.Both mediators and attorneys need to befamiliar with these new rules. We will gothrough all of the changes and what theymean to your practice.

Robert Baum, Co-ChairErik Johnson, Co-Chair

BUSINESS LAW SECTION

2012-2013 Section Meetings

January 16, 2013 March 20, 2013February 20, 2013 April 17, 2013

All monthly section meetings will beheld on the 3rd Wednesday of each monthfrom 6:00 p.m. - 7:00 p.m. at a location tobe determined and with topics to beannounced.

The BAMC Business Law Sectionextends its best wishes for a happy andprosperous new year to all of its mem-bers. The Section will convene 2013 onWednesday, January 16, 2013, with aneducational event that will highlight someof the court’s most valuable technologicalresources available to help business attor-neys serve their clients’ needs. Look forfurther details regarding this program,including the location, via email blast asthe event draws nearer. As always –

thanks to our sponsors – a light dinnerwill be provided for this Business LawSection event.

Then, on February 20, 2013 from6:00 to 8:00 at the Bar AssociationBuilding in Rockville, the Business LawSection will be presenting a joint CLE withthe Tax Section entitled “Dissection of aTransaction: Anatomy, tax, and accom-plishing the goals of the buyer and seller.”The program will be presented by Glenn

M. Anderson, Esq., Eric S. Fletcher,

CPA, and Robb Longman, Esq.

If you have any questions or sugges-tions regarding the Section, please do nothesitate to contact either of us at any time.

Marc Bergoffen, Co-ChairRobert Gottschalk, Co-Chair

CIRCUIT COURT BENCHBAR COMMITTEE

2012-2013 Committee Meetings

January 2, 2013 April 3, 2013February 6, 2013 May 1, 2013March 6, 2013 June 5, 2013

All meetings are open and any mem-bers of the BAMC are welcome to attend themeetings. All meetings will be held on the1st Wednesday of the month at 8:00 a.m. inthe Administrative Judge’s ConferenceRoom, Room 309, on the 3rd floor of theCircuit Court building in Rockville.

The Clerk of the Court, LorettaKnight, brings the following matters toyour attention:

COURT FEES – SPECIAL ADMIS-

SION OF OUT-OF-STATE ATTOR-

NEY: For all Motions for SpecialAdmission of Out-of-State Attorney prohoc vice there is a $100.00 filing fee as

required by Code, Courts and JudicialProceedings Article, Sec. 7-202(e). Even ifthe request is to be made in court, theMotion must be filed in the CivilDepartment and the filing fee paid prior tothe Order being signed.

EMERGENCY/RUSH MOTIONS:

If a Motion for Temporary RestrainingOrder or a Motion to Shorten Time is filed,it is strongly suggested that you walk thedocketed motion to the Duty Judge for aruling. Please keep in mind the courtreceives numerous filings daily and thenormal process could take several daysbefore a ruling is made. Motion forInjunction must have a Certificate ofService and a Request for Hearing.

INTERPRETERS: If you request-ed an interpreter for your case and theInterpreter is not needed, please immedi-ately notify the Clerk’s Office (240-777-9467) to cancel the request. If the cancel-lation is done 48 business hours inadvance, we will not be charged the 2, 4,or 8 hour cancellation fee depending onthe amount of time the court event wasscheduled for. The cancellation fee is$55.00 an hour.

The Clerk reminds everyone if youhave any concerns or suggestions, pleaselet her know. Phone: 240-777-9464;email: [email protected].

The Sheriff, Darren Popkin, wouldlike to remind everyone that theMaryland Avenue entrance to the CircuitCourt will be closed to staff and pedestri-an traffic beginning September 10, 2012for approximately six months. Signagewill be posted directing everyone to theMonroe Street entrance. Lawyers areencouraged to use the Terrace Level

COMMITTEES & SECTIONS


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• Pension Divorce Valuations • Actuarial Valuations• 401 (k) Marital Tracings • Expert Testimony

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HEADING



entrance from the cafeteria and/or from101 Monroe Street as there will be signif-icant backup expected at the MonroeStreet entrance, especially during themorning peak hours. Everyone is encour-aged to ask their clients and staff to allowfor extra time to gain entrance due to theclosure.

In addition, almost the entire area ofthe atrium will be closed during this con-struction period. There will be a narrowwalkway constructed to access theCriminal Clerk’s Office, the LicensingOffice and the Assignment Offices.Space will be very limited on the Lobbylevel for waiting due to the AtriumClosure. The Sheriff would like to thankeveryone in advance for their patienceduring this period of construction.

Finally, the construction will requirethe periodic closing of one courthouseelevator at a time. Therefore, additionaltime should be allotted for arrival tocourtroom destinations.

If you have any concerns to bring to theCommittee’s attention, please feel free tocontact any Committee member or

David C. Merkin at (301) 762-9200 [email protected]; or MichaelA. Taylor at (301) 251-2772,[email protected].

David Merkin, Co-ChairMichael Taylor, Co-Chair

COLLABORATIVE LAWSECTION

2012-2013 Section Meeting Dates


Our regular Section meetings will beheld on the first Thursday of each month atthe Bar Building at 5:30 p.m. In additionto providing great food and collegial inter-action, our Section almost always has aneducational component to our meetings.

On January 3rd, our program willbe a recap of the best of theInternational Academy of CollaborativeProfessionals Forum held in Chicago inOctober this year. Visit the IACPWebsite (collaborativepractice.com) toview the Forum topics and let us knowwhich topics are of particular interest toyou. Topics may include: developing an

elevator speech for collaborative, tipsfor speaking to audiences about collab-orative, how to prepare your client forcollaboration, and more. We also dis-cuss current legislative efforts to passthe Uniform Collaborative Law Act.

You do not have to be collabora-

tively trained to attend our meetings.

Suzy Eckstein, Co-ChairDarcy Shoop, Co-Chair

COMMERCIAL LITIGATIONSECTION


January 8, 2013** March 12, 2013*May 14, 2013**

*These meetings will be held at 8:00 a.m.at the offices of Stein Sperling BennettDe Jong Driscoll, PC, located at 25 WestMiddle Lane, Rockville, MD 20850.**These meetings will be held at 5:30 p.m.at the offices of Lerch, Early & Brewer,Chartered, located at 3 Bethesda MetroCenter, Suite 460, Bethesda, MD 20814.

Mary Lombardo, Co-ChairBrad McCullough, Co-Chair


IN HONOR OF BLACK HISTORY MONTH

JOINT MEMBERSHIP MEETING

PRINCE GEORGE’S COUNTY BAR ASSOCIATION

J. FRANKLYN BOURNE BAR ASSOCIATION

BAR ASSOCIATION OF MONTGOMERY COUNTY, MD

Tuesday, February 5, 2013 at 6 PM

U.S. District Court for the District of Maryland 6500 Cherrywood Lane, Greenbelt, MD 20770

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by Jan. 25, 2013, -After $40.00 $40.00 for Non-Members by Jan. 25, 2013, -After $50.00

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RREESSEERRVVAATTIIOONNSS RREE UUIIRREEDD Register by: mail, calling 301-952-1442, or email

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RREESSEERRVVAATTIIOONN DDEEAADDLLIINNEE FFEEBBRRUUAARRYY 11,, 22001133 EEnclosed is a check in the amount of $_________ Firm/Address: ______________________________________________

Name: _____________________________________ ______________________________________________

Telephone: _________________________________ ______________________________________________

Please reserve _______ spots ______________________________________________ Return this form with check made payable to “PGCBA” and mail to

Prince George’s County Bar Association, 14330 Old Marlboro Pike, Upper Marlboro, Maryland


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HEADINGCOMMITTEES & SECTIONS


COMMUNITY OUTREACHCOMMITTEE

Thank you again to everyone whodonated a toy or gift card to the FamilyJustice Center Toy Drive. These giftsprovided the children of the families whoutilize the services of the FJC the chanceto share in the joy and spirit of giving thatdefines the holiday season. The Missionof the Family Justice Center is to promotesafety, well-being and healing for victimsof family violence. The MCFJCFoundation continues to seek communitysupport in their mission.

2013 will bring new and excitingopportunities to reach out to the communi-ty in which we practice. The BarAssociation will continue to partner withthe Special Olympics and we are lookingfor members to volunteer at specific eventsfor the Winter Games. Please look forannouncements on the Bar Listserv and innext month’s Newsletter for specific detailsabout opportunities to volunteer at theGames.

The Community Outreach Com -mittee facilitates volunteer opportunitieson the second Friday of every month atShepherd’s Table. Shepherd’s Table pro-vides basic services to those in need andspecifically provides a dinner meal from6:00 p.m. to 7:30 p.m., seven nights aweek. Please contact Dan Shaivitz [email protected] if you are interested involunteering. Volunteer as an individ-ual, a firm, or get a group of friends andfamily together to participate in thiswonderful, can’t miss, service opportu-nity!

If you have any thoughts or com-ments for the Committee, please contacteither of us at [email protected] [email protected].

Heather Collier, Co-ChairRhian McGrath, Co-Chair

CRIMINAL LAW SECTION


January 8, 2013 February 12, 2013May 17, 2013*

*Happy Hour at a location TBAMeetings will be held on the 2nd

Tuesday of the month at 5:30 p.m. in theConference Room of the Bar Association

building, 27 West Jefferson St.,Rockville, MD, unless otherwise noted.

Please join the Criminal Law Sectionon January 8, 2013 at 5:30 p.m. for apresentation on cross examination. Weare pleased to have Phillip H. Armstrong

of Armstrong & Cheris, Chartered, whowill be presenting to our section effectivetechniques of cross examination. Themeeting will be held in the ConferenceRoom located in the Bar Building. Welook forward to seeing you there.

Carlotta Woodward, Co-ChairJessica Zarrella, Co-Chair

EDUCATION LAW SECTION



Meetings will be held on the 2ndFriday of each month at 12:15p.m. in theConference Room of the Bar Associationbuilding, located at 27 West Jefferson St.,in Rockville. We invite all interestedlawyers to join our forum.

Pat Hoover, Co-ChairLynndolyn Mitchell, Co-Chair

Karen Smith, Co-Chair

ELDER LAW SECTION


January 9, 2013 April 10, 2013February 13, 2013 May 8, 2013March 13, 2013

Meetings will be held on the 2ndWednesday of the month at 8 a.m. in theupstairs conference room of the BarAssociation building.

Morris Klein, Chair

EMPLOYMENT LAWSECTION


February 5, 2013 March 5, 2013April 2, 2013

Meetings will be held at 11AM in theupstairs conference room of the BarAssociation building.

Please join us for a CLE on litigation

skills on January 10, 2013 at 5:30 p.m.,which held in the Federal Courthouse inGreenbelt. Speakers will be The Hon.Roger W. Titus, U.S. District Judge for theDistrict of Maryland; The Hon. CharlesB. Day, U.S. Magistrate Judge for theDistrict Court of Maryland; Linda HittThatcher, Thatcher Law Firm, LLC;Timothy F. Maloney, Joseph, Greenwald& Laake, P.A. and Scott Oswald, TheEmployment Law Group, P.C. For moreinformation, please see page 17.

Gwenn D’Souza, Co-ChairGregg Greenberg, Co-Chair

ESTATE & TRUST LAWSECTION



Meetings will be held at Noon at theoffices of Shulman, Rogers, Gandal,Pordy & Ecker, P.A., located at 12505Park Potomac Ave., 6th Floor, Potomac,MD, unless otherwise noted.

Jay Eisenberg, Chair

FAMILY LAW SECTIONWe would like to express our sincere

gratitude to Delaney McKinney for again




hosting the Family Law Section’sHoliday Party. Your hospitality and gen-erosity in sponsoring this popular annualevent is very much appreciated. A verygood time was had by all!

We would also like to extend a verybig thank you to Michelle Zavos, Esquirefor sharing her knowledge and insight onthe issues of domestic partnerships andsame sex marriage at the CLE onDecember 13, 2012. Michelle, we appreci-ate you taking time from your busy sched-ule to share some of your expertise with us!

With the start of the New Year, weencourage you to update your calendarswith the upcoming year’s FL Sectionmeeting dates. Unless otherwise noted,all Section meetings will be held in theCLE Classroom of the Bar Building at6:00 p.m. on the fourth Tuesday of themonth:

• January 22, 2013 – MonicaHarms, Esquire and John Weaver,Esquire will discuss relocation cases.

• February 26, 2013 – Program: TheFamily Division Masters’ Roundtable

featuring Masters Wisor, Segal, Ryon,Polis, and Cockerill. This program startsat 5:00 p.m. and will be held inCourtroom 1.

• March 26, 2013

• April 23, 2013

Please don’t miss any of the excitingCLE’s that have been planned for 2013:

• On January 14, 2013 from 5:30 –

8:30 p.m., David Bullitt, Esquire andSteve Moss, Esquire will present“Winning Mediation Techniques andUnderstanding Recent Changes in theMediation Rules” in the CLE classroomof the Bar building. This CLE will covermultiple practice tips that will expand andimprove your practice!

• In February 2013 (DATE: TBD),Meryl B. Rosenberg, Esquire will be pre-senting a breakfast CLE from 7:45-9:00a.m. on the issues of Surrogacy andAssisted Reproductive Technologies.

• Please join us on March 7, 2013

from 5:30 – 8:30 p.m. for our “Adoptionfrom A to Z” CLE presented by LiliKhozeimeh, Esquire, Jennifer Fairfax,Esquire, and Peter Wiernicki, Esquire.

• Our Annual Rita RosenkrantzSeminar is a two-part program on thebasics of family law practice presented bythe fabulous John Weaver, Esquire onApril 2 & 4, 2013 from 5:30 – 8:30 p.m.

each evening. More information will fol-low in the February 2013 BAMCnewsletter.

• Bryan Renehan, Esquire and PaulReinstein, Esquire have graciouslyoffered to present this year’s AnnualFamily Law Update on April 16, 2013

from 5:30 – 8:30 p.m. Please note thatthis seminar will be held in Courtroom 1on the 3rd floor of the Circuit Court.

• Our final CLE of the year will be aspecial seminar in May 2013 (DATE:TBD) on ALL same sex issues includinggrounds of divorce, child custody, childsupport, alimony, monetary awards,retirement assets, health insurance bene-fits, and disability benefits.

Finally, we encourage EVERY-ONE’S participation in this year’sFamily Law Section’s Pro Bono

Initiative. We are asking every FLSection member to volunteer for a mini-





mum of two (2) hours between now andLaw Day 2013 (April 26, 2013) at theFamily Law Self Help Center or at one ofthe MoCo Bar Foundation’s eveningadvice clinics. For more information onhow you can get involved with one ofthese deserving programs, please note thefollowing:

Pro Bono Volunteer Option 1:

Attorneys may volunteer to provideadvice to pro se litigants at the FamilyLaw Self Help Center in Room 224 onthe 2nd floor of the Circuit Court build-ing. Volunteers are welcome any timeduring the Family Law Self HelpCenter’s hours of operation (8:30 a.m. to4:30 p.m., Monday through Friday). Noreservations needed.

Pro Bono Volunteer Option 2: Forthose who find it difficult to volunteerduring the work day, there is an option tovolunteer in the evenings at any of thefollowing legal advice clinics run by theMontgomery County Bar Foundation ProBono Program. These programs cannotsurvive without YOUR support. Last year

we made a tremendous difference in thelives of hundreds of families and want tocontinue this valuable program. To volun-teer at a clinic, you must sign up withDebbie Craven (301-762-5831 [email protected]). • TESS Community Service Center,

8513 Piney Branch Road, SilverSpring, MD 209011st & 3rd Wednesday of each monthVolunteers should arrive between

6:00-6:30 p.m.• East County Regional Services

Center, 3300 Briggs Chaney Road,Silver Spring, MD 209041st & 2nd Thursday of each monthVolunteers should arrive between

5:30-6:00 p.m.• Charles W. Gilchrist Center for

Cultural Diversity, 11701 GeorgiaAvenue, 1st Floor, Wheaton, MD209022nd & 4th Wednesday of each monthVolunteers should arrive between

5:30-6:00 p.m.

• UpCounty Regional Services

Center, 12900 Middle brook Rd.,Germantown, MD 208742nd & 4th Tuesday of each monthVolunteers should arrive between

6:00-6:30 p.m.Check your email and the new and

improved Family Law Listserve forSection updates and reminders regardingour upcoming programs and CLE’s.

We wish all of you a very happy,healthy and prosperous 2013!!

Julie Christopher, Co-ChairKate McDonough, Co-ChairMaureen Renehan, Co-Chair

LAWYER TO LAWYERCOMMITTEE MEETINGS


May 8, 2013Meetings will be held at 5:00 p.m. in

the upstairs conference room of the Bar



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Association building, located at 27 WestJefferson St., in Rockville, MD.

Deane Shure, Chair

LAW FIRM MANAGEMENTSECTION MEETING DATES


Meetings will be held on the 3rdThursday of the month at 8 a.m. at theoffices of Hostetter Strent LLC, located at7201 Wisconsin Ave., Suite 675,Bethesda, MD.

Amy Strent, Chair

LEGAL ETHICSCOMMITTEE MEETINGS


Due to scheduling conflicts, meet-ings will now be held on the 3rd Thursdayof each month beginning at 4:30 p.m. atthe offices of Axelson, Williamowsky,Bender & Fishman, located at 401 NorthWashington St., in Rockville.

The Legal Ethics Committee willpresent a free program for the benefit ofall members of the bar. Judge John

Debelius and Judge Anne Albright willpresent "Views From the Bench onLegal Ethics". Attorney and JudicialEthics as seen from the bench are the sub-jects to be discussed. All are invited toattend the program which will be held inCourtroom 1 on the third floor of theCircuit Courthouse on Thursday,

January 17, 2013 at 4:30 p.m..Jeff Axelson, Co-Chair

Sam Shapiro, Co-Chair

PERSONAL INJURYLITIGATION SECTION



Meetings will be held from Noon - 1p.m. in the upstairs conference room ofthe Bar Association building, unless oth-erwise noted.

The next meeting will be held atnoon on January 25, 2012, in the barbuilding, when Franklin Morris will beproviding lunch during its presentation

concerning various financial issuesencountered in the practice of civil liti-gation. If you plan to attend, pleaseemail [email protected] [email protected] so ade-quate food can be ordered.

We hope everyone has a wonderfulholiday season. We look forward to see-ing you next year!

Paul Chung, Co-ChairAndre Forte, Co-Chair

REAL ESTATE LAWSECTION



All meetings will be held at 8 a.m. onthe 2nd Tuesday of each month in the 6thfloor conference room of the ShulmanRogers offices, located at 12505 ParkPotomac Ave., Potomac, MD.

Matt Alegi, Co-ChairAlexis Peters, Co-Chair

STRATEGIC PLANNINGCOMMITTEE MEETINGS

January 16, 2013 March 20, 2013May 15, 2013

Meetings will be held at 5:30 p.m. atthe offices of Shulman, Rogers, Gandal,Pordy & Ecker, P.A., unless otherwisenoted.

David Pordy, Chair

TAXATION LAW SECTION2012-2013 Section Meeting Dates


May 1, 2013

Meetings will be held from 5:30-6:30 p.m. on the 1st Wednesday of themonth in the upstairs Conference Roomof the Bar Association Building, unlessotherwise noted. If you cannot attend inperson, please join in by conference callat (605) 475-4700. The participant codeis 426350. Note that in January we willbe meeting on the 2nd Wednesday of themonth in the lower level conferenceroom (downstairs).

For the January meeting, the topicsare the Offshore Voluntary DisclosureProgram (OVDP") and the Report ofForeign Bank and Financial Accounts("FBARs"). Our speaker will be TrialAttorney Michelle Peterson of theDepartment of Justice Tax Division,Criminal Enforcement Section. She is a2005 graduate of Harvard Law Schooland has been in her current positionsince 2006. Ms. Petersen has beeninvolved in a number of prosecutionsrelated to offshore banking, includingthe prosecution of two former UBS AGbankers and a number of customers whoused offshore banks to conceal incomeand/or assets. Ms. Petersen will bespeaking about the recent efforts of theIRS and the Department of Justice tobring taxpayers with offshore accountsback into compliance, as well as thecriminal consequences for those taxpay-ers who do not.

On February 20, the Tax Sectionand the Business Law Section will behosting a Joint CLE. We will cover thetax consequences of buying and selling abusiness. In this CLE, we will walkthrough the sale of a closely held busi-ness to a publicly traded corporation.




We will discuss the tax consequences ofa stock sale versus an asset sale. Ourpanel will discuss advance planningopportunities as well as the windingdown of the acquired business. Thespeakers will be Glenn Anderson, Esq.

of Miller, Miller and Canby; Eric

Fletcher, CPA of Bond Beebe; andRobb Longman, Esq. of McMillanMetro.

This month please find tax guidanceand commentary from the IRS and theprivate sector on Mitigation ClaimsDuring Collection Due Process (CDP)Hearings, the Offshore VoluntaryDisclosure Program (OVDP), part timeemployee classification under theAffordable Care Act (ACA), COO liablefor civil penalties for failing to pay overthe income taxes and Federal InsuranceContribution Act (FICA) taxes, and ValueAdded Tax (VAT) as a way to reduce thenational debt.

Chief Counsel Addresses

Requirements for Mitigation Claim

During Collection Due Process (CDP)

Proceeding

The Internal Revenue Service Officeof Chief Counsel, in a chief counseladvice memorandum released Nov. 23,explained the operation of mitigation pro-visions in tax Sections 1311-1314 and theability of a taxpayer in a collection dueprocess proceeding to offset liability forone year using unclaimed refunds forunrelated years.

The office in CCA 201247011 saidthe mitigation provisions do not applywhere the statute of limitations hasexpired for the refund claims if there is

no “determination” regarding therefunds as defined in Section1313(a)(1). It rejected reliance on“below-the-line” stipulations in a stipu-lated decision of the Tax Court as asuch a determination.

“In certain circumstances, Appealsmay consider facts and issues in non-CDP years during a CDP hearing,” theoffice said. “… However, this consider-ation should only include ‘availablecredits,’ such as nonrefunded or not yetapplied credits already determined bythe IRS or a court, and not merely claimsof credits that have not yet material-ized.”

Where there is not determination, theoffice said, “mitigation cannot apply tocreate an exception to the statute of limi-tations barring the taxpayer's refundclaims.”

For More Info the Text of CCA201247011 is at http://www.irs.gov/pub/irs-wd/1247011.pdf.

IRS Not Obligated to Tell Taxpayers

of More Favorable Disclosure

Options, Counsel Says

Representatives of the InternalRevenue Service handling voluntary dis-closure cases do not have any obligationto advise taxpayers wishing to participatein the Service's program on more taxpay-er-favorable options, including not partic-ipating in the program, even when it isapparent their attorney has not advisedthem of those options, an IRS official saidDec. 6.

“Although the IRS's missionincludes being helpful to taxpayers,strategic advice is not among those

ways,” Douglas Giblen, senior technicalreviewer, Office of the Associate ChiefCounsel, said Dec. 6.

In fact, Giblen said, if a taxpayeris represented under a power of attor-ney, direct contact with a taxpayercould be problematic for the IRS rep-resentative.

Giblen's remarks, in response to ahypothetical question on IRS obliga-tions and ethics, came during a paneldiscussion on ethical issues in the areaof international law at the GeorgeWashington Law School AnnualInstitute on Current Issues inInternational Taxation.

Employers Should Establish

Procedures Now for Identifying Part

Timers

Employers should begin identify-ing their part-time employees now,well in advance of a Jan. 1, 2014, dead-line, after which employers that hireseasonal or variable-hour employeesmust pay an excise tax penalty or offerthose employees health insurance ifthey qualify as full-time employeesunder the Affordable Care Act, anattorney said during a Nov. 27 telecon-ference.

Between now and the end of the2012, employers should be meeting withtheir attorneys or advisers to establishprocedures for answering the importantquestion of whether those employees arefull time or part time, said attorney HenryTalavera, a shareholder at PolsinelliShughart in Dallas.

“It's really critical for advisers and



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HEADING COMMITTEES & SECTIONS

for clients to start tackling these issues,”Talavera said during a teleconferencesponsored by the American BarAssociation's Joint Committee onEmployee Benefits.

Talavera said he interprets guidancefrom the Internal Revenue Service andDepartment of Labor to mean that a“look-back” period of up to 12 months isto be used only for determining whetherseasonal or variable-hour employeesqualify as “full time” under ACA's defi-nition of 30 hours as a full-time work-week.

Chief Operating Officer of Staffing

Company Liable for Income, FICA

Taxes

The chief operating officer and sec-retary of a large health care staffingcompany was liable for penaltiesassessed against her for failing to payover the income taxes and FederalInsurance Contribution Act taxes thatwere withheld from the wages of theemployees for the second quarter of2005, the U.S. Tax Court held Nov. 29

(Romano-Murphy v. Commissioner,T.C., No. 27236-09L, T.C. Memo. 2012-330, 11/29/12).

Judge Richard Morrison found thatLinda Romano-Murphy acted willfully inrefusing to pay trust fund taxes and shedid not make reasonable efforts to pay theunpaid taxes.

Former JCT Chief of Staff Says

Congress Must Reconsider Value-

Added Tax

Congress needs to seriously considera national sales tax to bring the nation'sfinances into order, a former JointCommittee on Taxation chief of staff saidNov. 15.

Hank Gutman, JCT's chief of stafffrom 1991 to 1993 and a principal atKPMG LLP, said he doesn't see howCongress can find adequate revenue toattack the debt without an alternativesource such as a value-added tax—although he acknowledged that passingsuch a tax would be “political suicide.”

Speaking at a District of Columbia BarAssociation Tax Section forum on tax reformand the 2012 elections, Gutman noted thatthe idea—a national sales tax of 6.5 per-cent—was one of the recommendations ofthe Domenici-Rivlin Debt Reduction TaskForce and has precedent in other countriesfor helping to heal fiscal woes.

In the United Kingdom, an increasein the national value-added tax and highertaxes on upper-income households helpedthe government pay for lower corporaterates, Gutman said.

John Pontius, Chair

WORKERS COMPENSATIONLAW SECTION



Meetings will be held from 5:00-6:00 p.m. at the offices of Meiselman,Salzer, Inman & Kaminow, located at611 Rockville Pike, Suite 225, inRockville.

Will Inman, Co-ChairJeff Stickle, Co-Chair

YOUTH COURTHOUSEPROJECT COMMITTEE



Meetings are held on the 1stWednesday of the month at 12:15 PM inthe upstairs conference room of the BarAssociation building.

Holly Reed, Co-ChairPatricia Via, Co-Chair


HELPING OPPORTUNITIES ...

Support Drug Court by helping a participant obtain stable employment and there-fore restore their life, stay committed to recovery and become a productive memberof the community. For further information please contact Austine Long, Drug CourtCoordinator at (240) 777-9141.


CIRCLETREATMENTCENTER

COMPLETE CONFIDENTIALITY ASSURED

Twenty Seven Years ofSuperior Service

To The Community* DWI Evaluation, Education/Counseling (6 weeks and 26 weeks)

* Adolescent and Adult Drug/Alcohol Programs

* Outpatient Mental Health Services

* Individual, Couples, Group therapy by licensed professionals

* Approved and Certified by the State of Maryland

* MVA classes in Spanish and English (new licenses)

424 N. FREDERICK AVE., #8A, GAITHERSBURG, MD ~ 301-258-2626

www.circletreatment.com


PRO BONO UPDATE Debbie Craven, Program Coordinator

The Montgomery County BarFoundation Pro Bono Program seeks vol-unteers – whether experienced or newlybarred attorneys – to join our panel.There are many county residents that arein great need of pro bono services. Yourcall to volunteer will make a difference tothose without resources.

The Pro Bono Program provides twoways for county residents to receiveFREE LEGAL SERVICES in civil cases– at a legal advice clinic or through theclient intake line for referral to an attorneyvolunteer for direct representation. Thelegal advice clinics operate in four loca-tions across the county (SEE BOXBELOW) and provide residents the oppor-tunity to walk-in and meet with an attorneyvolunteer without scheduling an appoint-ment. Eligible clients present their legalproblems to an attorney and receive freeimmediate legal advice and/or referral to anon-profit or government social serviceagency that may be helpful. The clientintake line operates out of the main officewhere the staff screens calls from potentialclients. The Pro Bono Program staff con-ducts all screenings over the phone only.Cases referred to attorney volunteersinclude family law, debt collection, bank-ruptcy, limited employment, limited immi-gration, wills and power of attorney.

The Pro Bono Program currently isparticipating in three projects. First, weparticipate in the Judicare Project.Contested custody and complex familylaw cases are referred at a reduced fee toexperienced family law attorneys.Attorneys can seek reimbursement of $80per hour with a cap of 20 hours per case.The Pro Bono Program requires that theattorney must accept a pro bono case for

each case accepted under the JudicareProject. Second, we have a workingagreement with the CollaborationProject of Maryland for family law casereferrals that include modifications.Third, we refer eligible clients with debtbuyer cases to attorney volunteers fordirect representation under theConsumer Protection Project.

The Pro Bono Program providesFREE LEGAL TRAINING to attorneyvolunteers. The Rita Rosenkrantz FamilyLaw Training is available via webcast toattorneys for free in exchange for agreeingto accept a family law case. You can sign-up to begin the training at any time andwatch the six hours of training at your con-venience over the next 30 days. The mostrecent training was taped during the liveclass presentation held November, 2011.Maryland barred attorneys in good stand-ing can watch a preview of the training andthen determine if they would like to pro-ceed with the entire seminar. Please callYesenia at 301.340.2534 to obtain the web-site and necessary code to watch the pre-view and to get the Pro Bono ProgramTraining Agreement form. Attorneys par-ticipating in the training have the opportu-nity to immediately join a mentoring grouphosted by an experienced family law attor-ney. The mentoring group meetings areyour opportunity to ask questions aboutyour case and learn from the attorneys par-ticipating in the group. Thank you toLindsay Parvis and Erik Arena for lead-ing our current mentoring group.

The PBRC also offers FREELEGAL TRAINING to attorneys inexchange for a pro bono commitment inseveral areas including the ConsumerProtection Project and bankruptcy. Check

Gaffigan, JoeIngram, Shelly M.Jacobsen, Alisha L. Montero, R. Manny+

Pugliese, ElizabethWargo, AmandaWashington, Juan C.+

Faerberg, DavidJacobsen, Alisha L. +Pugliese, Elizabeth+

Tabaku, FlorianWagman, Robert D.Whitfield, Lynette

Bunker, KateKoger, KristinMarks, Jay+McDonough, Kathryn

Ng, ConnieShefter, Frances L. Vega, David+Washington, Juan C.+

East County Service Center

Gilchrist Center – Wheaton

Gilchrist Center – Germantown

Akamigbo, ChijokeAuerbach, Kenneth D.Marks, Jay+McDonough, Kathryn

Vega, David+Von Lindern, RyanWashington, Juan C. +

TESS Community Center

* = accepted more than 1 case+ = Supervising Attorney

Pro Bono / Judicare Case Referrals

Allen, RobertoBadaki, AyodejiBrown, Thomas*Bryant, Michael*Callahan, Ellen AnnHigdon, Anne E.*Kurnot, Stacy*Ingram, Shelly M.*Marshall, JohnMartinez, Wanda

Morgan, JonathanOliver, Debra*Pugliese, Elizabeth*Rosenblatt, RichardSubramania, VegaSunderman, Heather *Von Lindern, RyanWhitfield, Lynette*Wolff, MichaelYoon, Connie

Thank You Volunteer Attorneys!

On behalf of the Board of Directors ofthe Bar Foundation, we thank the fol-lowing attorneys for their time, dedica-tion, and service for the month ofNovember 2012. Taking a case orworking at our evening clinics, theirwillingness to help far exceeds theirnames solely being mentionedbelow…simply ask our clients.

the PRBC website, www.probonomd.org,for details.

The Pro Bono Program staff worksdaily to meet the challenges of connectingclient and attorney. WHEN THE STAFFCONTACTS YOU, PLEASE BE GEN-EROUS AND VOLUNTEER TOTAKE A PRO BONO CASE. “You, theVolunteer Attorneys, are the Pro BonoProgram.” What we do and what statisticwe report depends entirely upon you.JOIN YOUR COLLEAGUES INSERVING YOUR COMMUNITY.

If you would like to learn more aboutattorney volunteer opportunities with thePro Bono Program, please stop by our officeor contact me directly at 301.762.5831.

LEGAL ADVICE CLINICSCharles Gilchrist Center for CulturalDiversity - Upcounty Service Center12900 Middlebrook RoadGermantown, MD 208742nd and 4th Tuesday of each month 6:00 PM - 8:30 PM

Charles W. Gilchrist Center for Cultural Diversity–Wheaton Library11701 Georgia Avenue, 1st FloorWheaton, Maryland 209022nd and 4th Wednesday of each month

5:30 PM to 8:30 PM

TESS Community Service Center8513 Piney Branch RoadSilver Spring, Maryland 209011st and 3rd Wednesday of each month6:00 PM to 8:30 PM

EAST County Regional Service Center 3300 Briggs Chaney RoadSilver Spring, MD 209041st and 2nd Thursday of each month 5:30 PM - 8:30 PM

All attorney volunteers must be scheduled in advance into the clinics. Please call301.762.5831 to add your name to the volunteer schedule for a clinic! The first half-hour of each clinic is for client registration; attorneys should arrive no later thanone-half hour after the posted start time of a clinic.

J. FRANKLYN BOURNE BARASSOCIATION, INC.,MONTGOMERY COUNTYCOMMITTEE

The next J. FRANKLYN BOURNEBAR ASSOCIATION, INC.,Montgomery County Committee meetingwill be held on Saturday, January 5,2013, from 9:30 a.m. to 11:30 at the BarAssociation for Montgomery County, 27West Jefferson Street, Rockville,Maryland. Breakfast will be served.

The Bourne Montgomery CountyCommittee usually meets on the firstSaturday of the month. If you cannotattend the January meeting, please join uson Saturday, February 2, 2013. Formore information, contact our committeechair, Holly Reed, Esq. at (301) 587-9480or [email protected].

The next Bourne General BodyMeeting will be held on Thursday,January 17, 2013 at 6:30 p.m. at UCFWLocal 400, 4301 Garden City Drive,Lower Level, in Hyattsville, Maryland.Our meetings are free and we encourageyou to invite your friends and colleaguesto attend.

On January 27, 2013, Bourne is co-sponsoring the Women’s LegislativeBriefing at the Universities at ShadyGrove, 9630 Gudelsky Drive, Rockville,MD 20850 at 12:00 p.m. The cost is$15.00.

In February, our general body meet-ing will also be our Black History Monthevent. Court of Appeals Chief JudgeRobert M. Bell, will be our keynotespeaker on February 5, 2013 at 6:00 p.m.at the United States District Court inGreenbelt, 6500 Cherrywood Lane,Greenbelt, Maryland. The cost is $30.00for members who pay by January 5,2013. The Prince George’s County BarAssociation and the Bar Association forMontgomery County will be co-spon-sors.

On February 23, 2013, we will havethe Bourne Oratorical Contest at thePrince George’s County AdministrationBuilding at 9:00 a.m. The CountyAdministration Building is located at14741 Governor Oden Bowie Drive,Upper Marlboro, Maryland 20772.

If you have any questions aboutBourne or any of our events, please con-tact Marylin Pierre at (301) 279-9020 [email protected].

Marylin Pierre, President

MSBA NOMINATIONS ANDELECTIONS FOR BOARD OFGOVERNORS IN 2013

This is the annual announcementregarding the nomination and electionprocess for vacancies on the MarylandState Bar Association Board ofGovernors occurring in June 2013.

Only Class I Governors can be nom-inated and elected in 2013, since it is anodd numbered year. (Vacancies will beoccurring in the First, Second, Third,Fifth, Sixth, Seventh, Eighth, Tenth andTwelfth Districts, as well as 2 YoungLawyer Governor.)

SIXTH (Montgomery County) –Number of Governors to Which Entitled– 8; Class I – 2 (elected in odd years);Class II – 6.

• Nomination petitions must befiled with the MSBA Executive Directorno later than 5:00 p.m., Tuesday,February 12, 2013.

• Ballots must be postmarked nolater than March 29, 2013.

• If paper, ballots must be receivedby the Executive Director no later thanApril 3, 2013.

If you would like to receive anMSBA Nomination petition packet,please contact Maria in our BAMC officeat 301-424-3454.

For more information regarding theMSBA and/or the Nomination andElection for Board of Governors, pleasevisit the website at www.msba.org.

MONTGOMERY COUNTYWOMEN’S BARASSOCIATION

Happy Holidays to all of you fromthe Women’s Bar Association, by the timethis reaches publication, we will havealready had our Holiday Party and I willbe sure to give you all the highlights ofthe party in my next column. I hope theholiday season brings you cheer and theNew Year brings health and happiness.

On Saturday November 17, 2012, theWoman’s Bar Foundation sponsored its

twelfth annual “Preparing for Success” eventfor high school girls, and some boys, as wellfrom local county, private and home schoolprograms. It was to no one’s surprise a hugesuccess with an attendance of girls and par-ents exceeding recent years. Workshopsincluded cyber-safety, interviewing, careeroptions and even a fashion show for the jobhunter. Big “thank yous” go out to DebKearse, our keynote speaker who was engag-ing and spectacular, Montgomery College,who has been a significant partner in thisprogram allowing us the use of their facilitiesfor free, and the army of volunteers from theCounty Attorney’s Office, State’s Attorney’sOffice, courthouse employees, private attor-neys, social workers, judges, masters, lawclerks, and the other caring people who vol-unteered. The surplus money from the veryfirst Fall Forum established the seed moneyfor the Foundation’s Scholarship Award pro-gram which has awarded over $100,000 todeserving young students.

Lili Khozeimeh and Heather Collierwill not be jumping off the “FiscalCliff” come January, but they will bejumping into some serious auction plan-ning. The auction is set for March 23,2012 at the Chevy Chase Woman’sClub, so please consider donating yourtime, talent or an auction item.Organizational meetings have beenongoing and they are beginning torecruit the legions of volunteers thatmake the auction a success. If youhaven’t been able to make a meetingand you wish to help out in some way,large or small, please contact Lili [email protected] or Heather [email protected]. If you areinterested in donating an auction itemplease look for the donation sheet in theWomen’s Bar Association Museletter orcontact Lili or Heather. This is ourgreatest fundraiser and it supports somewonderful charities as well. Their nextmeeting will be January 31, 2013 at12:30 p.m.

The next WBA Executive meetingwill be January 8th @ 12:30 by confer-ence call. All are welcome to join us.

Margaret Schweitzer, President

SPECIALTY BAR ASSOCIATIONS


The deadline for submission of copy for the newsletter isthe 10th of the month for the following months’ issue.

WHAT’S NEW ...


LEGAL ANNOUNCEMENTS

Creative Dispute Resolutions, LLC ispleased to announce the opening of its newmediation and arbitration center inRockville. Starting on January 1, 2013,Creative Dispute Resolutions will be head-quartered at 51 Monroe Street, Suite 1102,Rockville, Maryland 20850. While wewill continue to conduct ADR workthroughout Maryland and Washington,D.C., our new center will now be able tohost mediations and arbitration hearingsbeing held here in Montgomery County.Our ADR center will also be available forcourt-ordered mediations and to othermediators in need of a neutral and comfort-able location. Please stop by our new loca-tion to say hello, or feel free to contact usfor more information about our experi-enced roster of mediators, our mediationand arbitration services, and our new loca-tion: www.creativedisputeresolutions.com.

Laura Margulies & Associates, LLC ispleased to welcome Fredrick E. Nix as anassociate. Mr. Nix will be joining thefirm's consumer bankruptcy law practice.

Mr. Nix previously had his own bankrupt-cy law practice in Hagerstown, Maryland.Laura Margulies & Associates, LLC islocated at 6205 Executive Blvd.,Rockville, MD 20852, (301) 816-1600,www.law-margulies.com.

Deborah G. Matthews, Esq. was honoredas the 2012 Pro Bono Lawyer of the Year bythe Fairfax Bar Association at the AnnualState of the Judiciary luncheon onWednesday, November 28, 2012. Ms.Matthews was recognized for her extraordi-nary service to "Wills on Wheels", a pro-gram of the Northern Virginia Pro BonoLaw Center in which volunteer lawyersassist low income seniors and disabledadults throughout Northern Virginia to draftplanning documents such as Wills, HealthCare Directives, and Powers of Attorney.Calling her efforts "truly noteworthy", theNorthern Virginia Pro Bono Law Centernoted she gave of herself "in the best spiritof volunteerism", and "[she continues] todisplay professionalism and expertiseincluding as an author of valuable writtenmaterials, teacher to pro bono volunteers,and hands-on attorney to those in need".

James L. Thompson of Miller, Miller &Canby has been recognized by Best Lawyersas 2013 Lawyer of the Year for theWashington Metropolitan Area in the prac-tice area of eminent domain and condemna-tion law. Mr. Thompson has been a leader inMiller, Miller & Canby's Litigation practicefor more than 25 years. He concentrates hispractice in eminent domain and real estatevaluation litigation (including ad valoremtax appeals), and complex business/com-mercial litigation. Mr. Thompson has alsotaught trial advocacy. In addition to hiswork as a trial lawyer, he has served thelegal community at large by his service withthe county, state and national bar associa-tions, having served as President of both theBar Association of Montgomery County andthe Maryland State Bar Association.

Shure, Perez and O’Conner is pleased towelcome David N. Pasti as a Principal ofthe firm. Mr. Pasti has practiced law formore than 23 years, focusing on criminaland juvenile defense, personal injury andcivil litigation. He has distinguished him-self as a skilled negotiator. In 1998, he com-bined his legal skills and his passion forsports to include agent representation ofmajor and minor league baseball players asa part of his practice. He has been a qualitybaseball agent for the last 12 years. In May2002, he appeared on the cover of theWashington Post Magazine in a story enti-tled, “The Agent - what happens when yourisk everything to follow your dream?” Thefirm will continue its practice under thename Shure, Perez, O’Conner and Pasti.

RENT/LEASE

BETHESDA – Large windowed office suitewith private bathroom and separatesecretarial space on 2nd floor in privatebuilding across from Metro; approximately400 sq. ft. Parking and amenities available:kitchen, conference room, etc. Call 301-654-7540.

BETHESDA – Three windowed officesavailable in downtown Bethesda law office:Reception, conference rooms, copier, etc.,with suite of attorneys; definite referralopportunities; parking in building and nextto large public parking garage, 1 block fromMetro, workstations also available. Perfectfor sole practitioner or small firm. Virtualoffice arrangements also available. Pleasecontact Peggy at 301-961-6464 x3322 ifinterested.

GAITHERSBURG – Bright, large officesin townhouse office suite. Ideal for a solopractitioner, small firm or satellite office.

(Continued on following page

IN ECONOMIC ANALAND TESTIMONY

, J.D., M.B.A., M.A.C.Chad L. Staller

STRRTEEXP YSIS CONOMIC ANALLYAND TESTIMONY

, J.D., M.B.A., M.A.C.

WWW

James Markham, Ph.D., J.D., CPCUyStephen H. Rosen, Enrolled Actuar

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Death Lost y/Wrongful InjurPersonal

.CFES.COM 800.966.609

James Markham, Ph.D., J.D., CPCUy

Employmentand Profits Labor Death Lost

99 [email protected]

Litigation Support – Expert Witness TestimonyBusiness Valuation – Pension Valuation – Financial Analysis

Forensic Accounting – Financial Fraud InvestigationsTax Issues – Income Tax Preparation

Alan ZippCertified Public Accountant

Attorney at LawCertified Business Appraiser

Certified Fraud Examiner

Telephone 301-340-0084 – [email protected] Hungerford Drive, Suite 13 Rockville, MD 20850

HEADINGWHAT’S NEW ...


Shared use of conference room, receptionarea, cable, other amenities. Space isavailable for staff too. Plenty of freeparking. Convenient to Lake Forest Malland on bus route. Furnished or unfurnished.Referrals possible. Please call 301-258-9636 for more information.

GAITHERSBURG – Kentlands Profes -sional Suites. One office available for rent.Great location in the Kentlands. Free DSLservice. Perfect for a sole practitioner.Please contact Ray at 301-330-6790 [email protected].

KENSINGTON – 1 office available forrent with or without secretarial station. 1exterior office with window. 1 secretarialstation. Shared office suite with small lawfirm in commercial building. Access toconference room. Ideal for professionalwith assistant or individual use. Rent:$700 for office space; $1,000 for officespace and secretarial station. Located at10605 Concord Street, Suite 206,Kensington, Maryland. Free Parking. Forinformation, contact Eugene Souder at 301-668-5111.

ROCKVILLE – ADAMS LAW CENTERIN DOWNTOWN ROCKVILLE – Fourbeautifully renovated individual offices withadditional space for support personnel. Walkto the new Rockville Town Center. Freeparking. Rent all or part. For informationcall Alice Thomas or Bill Wood at 301-424-6200.

ROCKVILLE – Beautiful, newly painted,new carpet, bright office with twowindows. Your own private newly tiledentrance, own private bathroom in JacksonPlace. Plenty of free parking, easy accessfor clients. First floor with no steps.$675.00 per month rent. Please contactDara at 301-610-0055.

ROCKVILLE – Complete Office Suite forrent to sole practitioner or small firm.Special rate to business, tax, or commercialpractice. Three private offices,secretarial/reception area, storage room, andrestroom. Lovely second floor view ofRoute 355 and the Metro trains. JacksonPlace South Office Condominium in front ofMontgomery College. Lots of parking andeasy access. Alan Zipp, CPA-Attorney, 301-340-0084.

ROCKVILLE – Downtown – Townhousestyle two story office building (2400 SF) forlease. Close to courthouse, Metro and TownCenter. Fully equipped and furnished forlaw office or similar use. 7 offices, 2conference rooms, reception area, copierroom, 2 bathrooms. Free off-street parking.

All rooms have windows and ample filecabinets. Available as entire building or 1stfloor only and individual 2nd floor offices.For more info, contact [email protected].

ROCKVILLE – One furnished office onsecond floor of two-level office building thathas a reception area, conference room,kitchen, copier, FAX machine and freerecently renovated parking lot. Monthlyrent is $750.00. Walking distance to Circuit/District Courts, Rockville Town Center andMetro. Contact Benjamin A. Klopman at301-424-0677.

ROCKVILLE – One or Two windowedoffices, with secretarial space available.Walking distance to courthouses/metro.Includes use of conference room,kitchenette, copier, fax machine. Indoorparking included. Contact 301-251-4010.

ROCKVILLE – 17 W. Jefferson Street –Up to 3,000 sq. ft. contiguous spaceavailable in very nice office suite. Formerlya title company with hardwood floorreception and several windowed offices.Also, individual and smaller spacesavailable in lawyer shared officeenvironment. WiFi, VOIP and otheramenities. Lots of parking available.Lowest rents in downtown Rockville. Nextto District and Circuit Courts and BarAssociation Building. Contact JohnnyGarza at 301-340-8200.

ROCKVILLE – 7th Floor office with viewon Route 355 with ample free parking,walking to Court and Metro, receptionist,conference room, kitchen, and availablesecretarial area. Call Kathy at 301-762-7200.

ROCKVILLE – Several window offices forrent in quiet, cathedral ceiling Rockvilletownhouse. Use of conference rooms,library, kitchen and spacious client waitingareas. Plenty of free parking. Digital copieruse available. Short walk to Circuit andDistrict Court. Practice law comfortably.Call 301-251-1600.

ROCKVILLE – Walk to Courthouses andMetro – One block from Rockville TownCenter. Two windowed office spacesavailable together or separate. 9 1/2 x 10 1/2+or 13 x 9+. Plenty of parking for tenants andguests. Includes use of conference room,waiting area, kitchenette.Copier/scanner/fax available and answeringservice at extra cost. Stop by anytime. Call301-279-8773.

ROCKVILLE – Windowed officeavailable on lobby level of 50 WestMontgomery Ave. Easy walking distanceto Rockville Town Center, District andCircuit Courts and Metro. Includes use of

conference room, WIFI, receptionistservices and free parking. Office furnitureavailable. Copier available. $750.00 permonth. Contact Margaret 301-217-9388or [email protected].

ATTORNEY OPPORTUNITIES

ASSOCIATE – Bulman, Dunie, Burke &Feld, Chtd., in downtown Bethesda, seeks tohire an attorney licensed to practice in bothMaryland and D.C., with at least 3 yearsexperience in family law litigation andpersonal injury matters. Trial experience isa must. If interested, submit your resume byfax to 301-986-9719 or email [email protected].

ASSOCIATE – Real Estate Settlements –Paragon Title of Bethesda, Maryland islooking for a new Associate licensed in MDand DC with 5-10 years of concentratedexperience doing Real Estate Settlements.Along with a warm personality, genuinedisposition and the patience of a saint, thecandidate must have a mastery of theRegional and MAR Contract, all addenda,the settlement process and title related laws.Experience with social media and licensurein Virginia is a plus. Great Opportunity.Contact Randy Rothstein 301-986-1114 [email protected].

ATTORNEY(S) – AV rated MontgomeryCounty law firm looking to expandthrough relationship with experiencedattorney(s). Of Counsel (or similarrelationship) position available forattorney(s) with a complementary practice.We are looking to expand our generalpractice law firm by one or two attorneyswho have a portable practice and desire towork in a collegial setting. Please sendresume and nature of interest to BoxJ13-01 Bar Association of MontgomeryCounty, MD, 27 W. Jefferson Street,Rockville, MD 20850.

ATTORNEY(S) – Condominium/HOALaw – Thomas Schild Law Group, LLC isseeking an attorney for its thrivingcondominium/homeowner association lawpractice. Qualified candidates should have aminimum of 2 years' related real estateexperience, excellent written and oralcommunication skills, and anentrepreneurial commitment to practicinglaw. As counsel to condominium andhomeowner associations, practice areasinclude real estate, contracts, corporategovernance, debt collection, litigation andmuch more. For consideration, pleaserespond to [email protected] or 401 N.Washington Street, Suite 500 Rockville,Maryland.


HEADING


WHAT’S NEW ...

ADVERTISERS INDEX

Berenato & White, LLC . . . . . . . . . . . . .22www.bw-iplaw.com

Center for Forensic Economic Studies . . .26www.cfes.com

Circle Treatment Center . . . . . . . . . . . . .24www.circletreatment.com

Dragga, Hannon, Hessler& Wills, LLP . . . . . . . . . . . . . . . . . . .5www.draggalaw.com

Richard Edelman . . . . . . . . . . . . . . . . . . . .9www.economic-analysis.com

Jennifer Fairfax LLC . . . . . . . . . . . . . . .13www.jenniferfairfax.com

Gelman, Rosenberg & Freedman . . . . .18www.grfcpa.com

Michael L. Kabik, Esquire . . . . . . . . . . . .8www.shulmanrogers.com/attorneys-118.html

McAdoo, Gordon & Associates, P.C. . . .14www.mcadoolaw.com

The McCammon Group . . . . . . . . . . . . . .3www.McCammonGroup.com

Metro Counseling Services, Inc. . . . . . . . .9www.metrocounselingservices.com

Montgomery County Sentinel . . . . . . . .28www.thesentinel.com

Monument Bank . . . . . . . . . . . . . . . . . . . .6www.monumentbank.com

Multi-Specialty HealthCare . . . . . . . . . .19www.multi-specialty.com

Alan J. Nuta, Esquire . . . . . . . . . . . . . . .21www.SSBenefitsLawyer.com

Oxley & Goldburn Insurance . . . . . . . . .24www.oxleygoldburn.com

Passport Title Services, LLC . . . . . . . . .23www.passporttitle.com

Priority Process . . . . . . . . . . . . . . . . . . . .21www.priorityprocess.com

Prudential Associates . . . . . . . . . . . . . . . .15www.usainvestigators.com

Pushkin & Pushkin . . . . . . . . . . . . . . . . .14

Remax at Park Potomac . . . . . . . . . . . . .10www.LiveListingsOnline.com

www.MarylandHomesByRobin.com

Rossmann - Hurt - Hoffman, Inc. . . . . .20www.rhhinsurance.com

Scheer Partners . . . . . . . . . . . . . . . . . . . . .4www.scheerpartners.com

Ronald I. Weiner, PhD, LLC . . . . . . . . .11www.rweinerphdllc.com

Alan S. Zipp, Esquire . . . . . . . . . . . . . . .26

NEW MEMBERS

Daniel J. Blum, 4800 Hampden Lane, 7thFloor, Bethesda, MD 20814; tel.: 301-656-7603; fax: 301-654-7354; email:[email protected]

Mark J. Carroll, 9520 Reach Rd., Potomac,MD 20854; tel.: 301-762-6453; fax: 301-762-6454; email: [email protected]

Lynda Earle, 50 Montgomery Ave.,Rockville, MD 20850; tel.: 240-777-7300;fax: 240-777-7413; email:[email protected]

Richard J. Dumais, 5404 Wisconsin Ave.,Suite 1000, Chevy Chase, MD 20815; tel.:240-200-3332; fax: 240-200-3132; email:[email protected]

Jill S. Granader, 7200 Wisconsin Ave., Suite601, Bethesda, MD 20814; tel.: 301-961-6710; fax: 301-961-6790; email:[email protected]

Paul G. Griffin, 215 West Main St.,Middletown, MD 21769; tel.: 301-254-2745;fax: 815-301-5516; email:[email protected]

Heather K. Hardy, 50 Montgomery Ave.,Rockville, MD 20850; tel.: 240-777-7373;fax: 240-777-7413; email:[email protected]

Taggart Hutchinson, 3824 Porter St., NW,Apt. 391, Washington, DC 20016; tel.: (202)466-5424; email:[email protected]

John D. Lalos, 50 Montgomery Ave.,Rockville, MD 20850; tel.: 240-777-7363;fax: 240-777-7413; email:[email protected]

Leah C. Montesano, 1717 K St., NW,Washington, DC 20036; tel.: 202-715-8586;fax: 202-857-6395; email:[email protected]

Ruth J. Vernet, 31 Wood Lane, Rockville,MD 20850; tel.: 301-251-9500; fax: 301-770-2062; email: [email protected]

HELPING OPPORTUNITIES ...

Support Drug Court by helping a participant obtain stable employment and there-fore restore their life, stay committed to recovery and become a productive memberof the community. For further information please contact Austine Long, Drug CourtCoordinator at (240) 777-9141.

Join us for the BAMC

Open HouseThursday, January 10, 2013 ~ 5:00 p.m. - 8:00 p.m.

Please RSVP to 301-762-8376 or [email protected]


~ Updates to these schedules can be found in the Court Schedules section of the Bar Association website ~

STATE’S ATTORNEY’S ASSIGNMENTS

WE NEEDVOLUNTEERS

The Family Law SelfHelp Center is in need of vol-unteer attorneys to help selfrepresented litigants in fami-ly law matters with legalinformation and/or legaladvice. If you have a desireto serve self represented liti-gants you can help in one oftwo ways:

1. Impromptu Volun -teering: If you happen to beat the Courthouse between12:00 pm and 2:00 pm andhave a little time to spare,stop by and see one, ormaybe two, clients. Wealmost always have clientswaiting during lunch hours,and could use your assis-tance.

2. Scheduled Volun -teering: If you have moretime to spare or prefer a morestructured arrangement,please contact our Bar liaison:Judi Bluefeld, (301) 279-7817, [email protected],or stop by and consult withthe Center staff. In that way,we can let you know when theCenter will be shorthanded,and can most use your valu-able assistance.

Time that you volunteerat the Family Law Self HelpCenter can be counted as ProBono hours to the Court ofAppeals.

HEADING


~ Updates to these schedules can be found in the Court Schedules section of the Bar Association website ~

JUDGES SCHEDULES

*Family Duty; CM=Criminal Motions; PT=Criminal PreTrial Jury Demand/Appeal Docket

Circuit Court

Newsletter of theBAR ASSOCIATION OF MONTGOMERY COUNTY, MARYLAND

27 West Jefferson Street, Rockville, Maryland 20850-4200

PeriodicalsPostagePAID

atRockville, MD

CR Bar Office Conference Room CLR CLE Classroom

LCR Lower Level BAMC Conference Room CLE CLE Seminar–Call (301) 340-2534 to RegisterC/S See Committee/Section Pages for Location

CA

LE

ND

AR

~ Please visit our website, www.montbar.org, for the most recent updates to the Calendar of Events ~

JANUARY

2 8:00a.m. C/S Circuit Court Bench Bar Committee12:15p.m. CR Youth Courthouse Project Committee

3 5:30p.m. CR Collaborative Law Section Meeting7 5:30p.m. CR Nominations & Elections Committee8 8:00a.m. C/S Real Estate Law Section Meeting

5:30p.m. C/S Commercial Litigation Section Meeting5:30p.m. CR Criminal Law Section Meeting

9 8:00a.m. CR Elder Law Section Meeting12:15p.m. CR Education Law Section Meeting5:00p.m. CR Lawyer to Lawyer Committee Meeting5:30p.m. CLR Taxation Law Section Meeting

10 12:30p.m. C/S Circuit Court Chamber Chat5:00p.m. ~ BAMC/MCMBF Open House ~5:00p.m. C/S Workers Compensation Law Section

14 11:45a.m. C/S Estate & Trust Law Section Meeting5:00p.m. CR Executive Committee Meeting5:30p.m. CLE CLE Seminar – Family Law

16 5:30p.m. C/S Strategic Planning Committee6:00p.m. C/S Business Law Section Meeting

17 8:00a.m. C/S Law Firm Management Section4:30p.m. C/S Legal Ethics Committee Meeting

21 ~ HOLIDAY – BAR OFFICES CLOSED ~22 6:00p.m. CLR Family Law Section Meeting23 5:30p.m. C/S New Practitioner Section–MANNA Project24 5:30p.m. CR ADR Section Meeting25 Noon CR Personal Injury Litigation Section29 5:30p.m. CR Nominations & Elections Committee

FEBRUARY

5 11:00a.m. CR Employment Law Section Meeting12:15p.m. Bar Luncheon5:30p.m. CR Nominations & Elections Committee6:00p.m. C/S Joint Membership Meeting

6 8:00a.m. C/S Circuit Court Bench Bar Committee12:15p.m. CR Youth Courthouse Project Committee5:30p.m. CR Taxation Law Section Meeting

7 5:30p.m. CR Collaborative Law Section Meeting8 12:15p.m. CR Education Law Section Meeting11 11:45a.m. C/S Estate & Trust Law Section Meeting

5:00p.m. CR Executive Committee Meeting12 8:00a.m. C/S Real Estate Law Section Meeting

5:30p.m. CR Criminal Law Section Meeting13 8:00a.m. CR Elder Law Section Meeting

5:00p.m. CR Lawyer to Lawyer Committee Meeting14 5:00p.m. C/S Workers Compensation Law Section18 ~ HOLIDAY – BAR OFFICES CLOSED ~19 5:30p.m. CR New Practitioner Section Meeting20 5:30p.m. CLR CLE Seminar – Business Law/Tax Law21 8:00a.m. C/S Law Firm Management Section

4:30p.m. C/S Legal Ethics Committee Meeting22 Noon CR Personal Injury Litigation Section26 6:00p.m. C/S Family Law Section Meeting