THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD … · (301) 896-0600 & Eric J. Von Vorys, Co-Chair – (301) 239-5242 Juvenile Law – VACANT, Co-Chair – & VACANT, Co-Chair –

THEBAR ASSOCIATION OF MONTGOMERY COUNTY, MD

27 West Jefferson St., Rockville, MD 20850-4200Telephone: (301) 424-3454 Fax: (301) 217-9327

Web Site: http://www.montbar.org — E-mail: [email protected]

Volume 54, Issue 1 June 2006

NEWSLETTERPRESIDENT’S MESSAGE

This Associationowes a tremendousdebt of gratitude toPaul Kemp and hislaw firm, Venable,LLC, for his tirelessefforts on behalf ofthis Association asyour President. Hedevoted substantial

time and effort to keeping the Associationon course with his leadership, vision, andgood humor. Thank you, Paul, for chair-ing and appearing at every meeting,luncheon, and most activities of thisAssociation; for your structural revisionsto the Fee Arbitration Committee; theADR Committee, and the supervision ofthe extraordinarily active JudicialSelection Committee; and mostly foryour daily decisions that made your yeara wonderful Bar year.

The Association also thanks RichardStolker, our outgoing Treasurer, andRichard Melnick, our outgoing Secretary,for their time, ideas, and hard work forthe benefit of all. Kudos also go to our

Outstanding Pro Bono Case Hours:Kate Bunker; David Chavkin; LawOffice of Goren, Wolff & Orenstein;Cheryl Rose; Susan Scofield; JetteStoermer

Outstanding Legal Clinic Service:Jeffrey Barnham; Roger Golden; HarryLewis; Jay Marks; Andrew Murnane;David Vega; Lynette Whitfield

Outstanding Contested Custody CaseService: Zionne Akpan; John Green;Deborah Otoo; Daryl Price; Eva Xu

EXECUTIVE COMMITTEEFOR 2006-2007President: John C. MonahanPresident-Elect: Mary Ellen FlynnTreasurer: Robert B. HetheringtonTreasurer-Elect: Donna E. Van ScoySecretary: Suzy L. Eckstein

Executive Committee Members1-year term: Bradford S. Bernstein

Audrey A. CreightonDaniel M. Kennedy, IIIShelly D. McKeonMaster Joan E. RyonGeorge E. Simms, III

2-year term: James R. HammerschmidtHadrian N. HatfieldWendy B. KarpelMary K. (Kathy) KnightHon. Cheryl A. McCallyRichard H. Melnick

SAVE THE DATE ...October 9, 2006

Annual Golf & Tennis Charity ClassicArgyle Country Club

BAR ASSOCIATION AWARDS16th Annual Jurist Award: Honorable

Cornelius J. Vaughey17th Annual Professionalism Award:

Kathleen M. DumaisPresident’s Citation for Outstanding

Service: Alice “Bunnie” BoswellCommittee Chairs of the Year: Larry

A. Ceppos, Judicial Selections; PatriciaM. Weaver, Fee Dispute Resolution

Section Chairs of the Year: Jay M.Eisenberg, Chair, Estate & Trust Law;Jennifer A. Forquer and Carlos M.Lastra, Co-Chairs, Family Law; DavidA. Pordy, Chair, Law FirmManagement; Mary B. Buonanno andWendy B. Karpel, Co-Chairs, WorkersCompensation Law

BAR FOUNDATION AWARDS2nd Excellence in Diversity Outreach

Award: Honorable Charles B. DayCommittee Chairs of the Year: Daniel

L. Shea, Chair, Continuing LegalEducation; James R. Hammerschmidtand Alison W. Rind, Co-Chairs, FallOuting

Community Service Awards: BradfordS. Bernstein and Rachel T. McGuckian,Co-Chairs, School Mock Trial; JamesR. Klimaski, Producer, Law School forthe Public

Pro Bono Guardianship Program:Kim V. Fiorentino, Shulman, Rogers,Gandal, Pordy & Ecker, P.A.

Pro Bono Mentoring Program AwardJeffrey N. Greenblatt; Strickler,

Sachitano & Hatfield, PA.

112TH ANNUAL MEETING & LAW DAY AWARDS

Your Newsletter is available one week in advanceof receiving it by mail at www.montbar.org

NEWLY APPOINTEDDISTRICT COURT JUDGESAND INVESTITURE DATESJohn Michael Conroy . . . . . . . . . June 9Gary L. Crawford . . . . . . . . . . . May 30Cheryl A. McCally . . . . . . . . . . June 12William G. Simmons . . . . . . . . . June 28

Investitures are scheduled for 4:00p.m.in the Rockville District Court building inold Courtroom 1, currently Courtroom 20 ofthe Juvenile Court.

(Continued on page 4)

PAGE 2

HEADINGFOR YOUR INFORMATION

2006-2007Officers and Chairs

ASSOCIATION OFFICERS: President: John C. Monahan President-Elect: Mary Ellen FlynnTreasurer: Robert B. Hetherington Treasurer-Elect: Donna E. Van ScoySecretary: Suzy L. Eckstein Past President: Paul F. Kemp

Executive Director: Beverly C. MondinEXECUTIVE COMMITTEEBradford S. Bernstein Wendy B. Karpel Shelly D. McKeonAudrey A. Creighton Daniel M. Kennedy, III Richard H. MelnickJames R. Hammerschmidt Mary K. (Kathy) Knight Master Joan E. RyonHadrian N. Hatfield Hon. Cheryl A. McCally George E. Simms, IIINew Practitioners Co-Chairs: Omolade R. Akinbolaji & Ivonne C. LindleyCOMMITTEE CHAIRS Assoc./Found. – Ann. Mtg. & Law Day – Donna E. Van Scoy, Chair –

(301) 610-0110Bench/Bar-Circuit – VACANT, Chair – Bench/Bar-District Court – VACANT, Chair – Fee Dispute Resolution – Ronald S. Canter, Co-Chair – (240) 386-3000,

David L. Rubino, Co-Chair – (301) 762-7770 &VACANT, Co-Chair –

Interprofessional – VACANT, Chair – Judicial Selections – Thomas D. Murphy, Chair – (301) 424-0400

VACANT, Vice Chair – Lawyer to Lawyer – Barbara R. Graham, Chair – (301) 294-3467Lawyer Referral –Gregory E. Flynn, Chair – (301) 340-2020Legal Ethics – Jeffrey M. Axelson, Co-Chair – (301) 738-7650 &

Samuel M. Shapiro, Co-Chair – (301) 340-1333Legislation – VACANT, Co-Chair – &

VACANT, Co-ChairNominations & Elections – Thomas P. Ryan, Chair – (301) 762-7770Professionalism & The Quality of Life - Karen L. Federman-Henry, Chair –

(240) 777-6761Designated Conciliator Program – VACANT, Chair –

Technology – VACANT, Chair – Unauthorized Practice of Law – Ronald M. Abramson, Chair –

(240) 386-3000SECTION CHAIRS Alternative Dispute Resolution – Robert L. Baum, Co-Chair –

(301) 610-0610 & Ellen F. Kandell, Co-Chair – (301) 588-5390Bankruptcy Law – VACANT, Chair – Business Law – James L. Parsons, Jr., Co-Chair – (301) 424-5100 &

David P. Shapiro, Co-Chair – (301) 968-1644Commercial Litigation – Steven Gould, Co-Chair – (301) 718-4548 &

Jeffrey M. Schwaber, Co-Chair – (301) 838-3210Criminal Law – David A. Martella, Chair – (301) 251-9001Employment Law – Scott A. Mirsky, Co-Chair – (301) 251-6200 &

Rosanna C. Lopez, Co-Chair – (202) 861-2934Estates & Trusts – Jay M. Eisenberg, Chair – (301) 230-5223Family Law – Stephanie L. Fink, Co-Chair – (301) 762-8872 &

Lisa S. Segel, Co-Chair – (301) 315-6030Federal Practice – Lawrence R. Holzman, Co-Chair – (301) 220-2200 &

Charles F. Chester, Co-Chair – (301) 294-2500Health Law – Randi Kopf, Co-Chair – (301) 762-3770 &

Jason Slotnik, Co-Chair – (301) 649-0626Immigration – Devang M. Shah, Co-Chair – (301) 315-0001 &

Timur Edib, Co-Chair – (301) 251-8830In-House Counsel – Gregory D. Grant, Chair – (301) 230-6578Intellectual Property & Technology – Jeffrey I. Auerbach, Co-Chair –

(301) 896-0600 & Eric J. Von Vorys, Co-Chair – (301) 239-5242Juvenile Law – VACANT, Co-Chair – & VACANT, Co-Chair – Law Firm Management – David A. Pordy, Chair – (301) 230-5205New Practitioners – Omolade R. Akinbolaji, Co-Chair – 301-657-8805 &

Ivonne C. Lindley, Co-Chair – (301) 838-3217Mentor/Mentee (sub of New Practitioners) - Lili Khozeimeh, Chair –

(301) 340-9090Chamber Chats – VACANT, Chair – Personal Injury Litigation – Michael V. Nakamura, Co-Chair (Plaintiff) –

(301) 230-5255 & John J. O’Neill, Co-Chair (Defense) – (301) 279-0099 &Hong S. (Paul) Chung, Vice Chair – (301) 230-5230 & Andre M. Forte, Vice Chair – (301) 762-7770

Real Estate – Jerry R. O’Conor, Chair – (202) 887-0005Taxation – Chaya Kundra, Chair – (301) 424-7585Telecommunications – Bruce A. Henoch, Co-Chair – (301) 230-6569 &

Michael Deutschman, Co-Chair – (301) 571-6222Workers Compensation Law – John T. Beamer, II, Co-Chair –

(240) 777-6728 & Alan B. Gross, Co-Chair – ((301) 670-7030BAR FOUNDATION OFFICERS (Effective July 1, 2005)President: John J. McCarthyPresident-Elect: Paul F. KempPast President: Deane A. ShureTreasurer: Alan S. ZippAssistant Treasurer: Richard S. StolkerDIRECTORSJames M. Brault Mark S. Goldstein A. Howard MetroDouglas M. Bregman Gerald W. Heller Robert C. ParkEun (Jeannie) K. Cho Eric M. Johnson Linda D. SchwartzCharles B. Day John P. Kudel Harry C. StormGlenn M. Cooper Susan S. Magazine Rebecca N. StrandbergDavid S. DeJong Mimi L. Magyar-Socorso Joseph P. SuntumKathleen M. Dumais Rachel T. McGuckian Marvin WaldmanMary Ellen Flynn Patrick C. McKeeverJo B. Fogel Camilla O. McRoryCOMMITTEE CHAIRSBar Revue – Steven J. Bienstock – (301) 251-1600Cable T.V./Law School for the Public – Thomas P. Ryan, Co-Chair –

(301) 762-7770 & Natasha R. Luddington, Co-Chair – (301) 657-0748Continuing Legal Education – VACANT, Chair – CLE Breakfasts – James C. Strouse, Chair – (410) 730-7600Fall Outing – James R. Hammerschmidt, Co-Chair – (301) 951-9338 &

Alison W. Rind, Co-Chair – (301) 657-0750 Pro Bono – Lauri E. Cleary, Chair – (301) 657-0176School Mock Trial – Bradford S. Bernstein, Co-Chair – (301) 762-1600 &

Rachel T. McGuckian, Co-Chair – (301) 762-1600Speakers Bureau – VACANT, Chair (Public Division) –

& VACANT, Chair (School Division) –

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

Beverly C. Mondin, Executive Director & EditorCindy Brandenburg, Assistant & Advertising Editor

Samuel M. Shapiro - (301) 340-1333Brian E. Barkley - (301) 251-6600

For a written confidential opinion, submityour written request, marked confidential,to Jeffrey M. Axelson, c/o Bar Associationof Montgomery County, MD, 27 WestJefferson St., Rockville, MD 20850.

LLEEGGAALL EETTHHIICCSSHHOOTTLLIINNEE

FOR LAWYERS WHONEED HELP

If you are aware of attorneys who arehaving problems with alcohol, drugs, stress,emotional problems and related illnessesthat interfere with their professional or per-sonal lives, please call the Lawyer-to-Lawyer Committee.

Committee members are available toassist lawyers find confidential effectiveprograms to suit their needs.

All calls are strictly confidential.Barbara R. Graham, Chair

Phone: (301) 294-3467E-mail: [email protected]

Bar AssociationBeverly Executive Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-3453

[email protected] Office Manager/LRS Supervisor . . . . . . . . . . . . . . . . . . . (301) 424-7040

[email protected] Association Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 762-8376

[email protected] Membership (part-time) . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-6351

Marleni } Lawyer Line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-7040VACANT Lawyer Referral Service Operators (part-time) . . . . . . . . (301) 279-9100

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

[email protected]

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-7652The following staff listing is not for public information. It is for attorney use only.

Mary Kay Canarte, Staff Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) [email protected]

Maria Office Administrator / Client Intake . . . . . . . . . . . . . . . . (301) [email protected]

Ingrid Client Intake . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) [email protected]

There is still time tovolunteer for a Committee orSection Council. Call Bev at

(301) 424-3453.John C. Monahan, President

FRIENDS OF BILL W.LAWYER MEETING

For further information as to the time andlocation of the meetings, please call Lawyer-to-Lawyer Committee member, William G.Simmons at (301) 340-1900.

CIRCUIT COURT FAMILYDIVISIONConsent Orders in Family Cases

Please do not submit a consent orderfor signature in a family case, without anunderlying motion. The court has nojurisdiction to rule without one. Monitor

A flat screen information monitor isbeing installed in juvenile. The monitorwill be located in the lobby area on thelower level, to the left of the courtroomdoors. Information will be listed by casenumber, Respondent's first name and firstinitial of last name, Judge name, court-room number, floor and time. Juvenile Court Motions to Continue

Lately, there have been issues withmotions to continue being filed veryclose to the scheduled event, sometimeswithin hours. Such filings do not allowsufficient time for processing or puttingother parties on notice. Please beadvised that a motion for a continuancefiled the day before a court proceeding,must be filed with the Juvenile Clerk'sOffice by 12:30 p.m. If possible, pleaseinclude the other party's position on thecontinuance in your motion. Please noti-fy the assigned case manager either bytelephone or in person when you file themotion so that the file can be designateda "Rush". Providing a courtesy copy ofthe motion to the case manager will helpexpedite the process. A copy can bedelivered or faxed to the case manager at240-777-9545.

All motions to continue filed after

12:30p.m. on the day before the hearing willnot be processed by a case manager and willbe heard in Court at the scheduled event.

Madeleine Jones

MLSC SEEKS NOMINATIONSFOR LEGAL SERVICESAWARDS

The Maryland Legal ServicesCorporation is soliciting nominations forfour awards it presents annually to per-sons making outstanding contributions tothe provision of legal assistance toMaryland’s poor. The four awards are asfollows:

The Arthur W. Machen, Jr. Awardto an attorney in private practice who hasrendered extraordinary services inMaryland by providing civil legal servic-es to the poor or by improving the civillegal services delivery system for suchpersons;

The Benjamin L. Cardin Distin-guished Service Award to an outstand-ing public interest attorney who is regu-larly involved in providing civil legalservices to the poor;

The William L. Marbury Out-standing Advocate Award to a non-attorney who has demonstrated out-standing service in Maryland represent-ing the rights and legal needs of thepoor; and

The Herbert S. Garten PublicCitizen Award to an entity or organiza-tion (not regularly engaged in the deliv-ery of legal services to low-income per-sons) that has demonstrated an extraordi-nary commitment to increase access tojustice for the poor in Maryland.

MLSC has sent requests for nomi-nations to legal services providers, barassociations, service organizations andothers throughout the state.

PAGE 3

CURRENT UPDATE

WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD.

Future CalendarJune 14-17, 2006 ~ MSBA Annual Meeting ~ Ocean City, MD ... For registration, visit the web-site at www.msba.org.

June 27, 2006 ~ 7:45a.m. ~ Committee Orientation ~ Bar Association CLE Classroom ... Forall Committee Chairs and Co-Chairs ... Information will be sent out at a later date.

June 27, 2006 ~ 5:00p.m. ~ Section Orientation ~ Bar Association CLE Classroom ... For allSection Chairs and Co-Chairs ... Information will be sent out at a later date.

September 21, 2006 ~ Hispanic Bar Association Gala

October 9, 2006 ~ Annual Golf & Tennis Charity Classic ~ Argyle Country Club

October 27, 2006 ~ Bar Association / Red Cross Blood Drive

November 2, 2006 ~ J. Franklyn Bourne Bar Association Banquet

Qualified Plan Issues?• IS YOUR ABILITY TO REWARD PRINCIPALS RESTRICTED?• ARE YOU PAYING THOUSANDS IN NEEDLESS STAFF CONTRIBUTIONS?• ARE YOU DISSATISFIED WITH YOUR PLAN INVESTMENTS?

CONTACT US, WE HAVE SOLUTIONS

DIANE E. KELLEY CPC, QPA AUTOMATED RETIREMENT PLANS INC.E-MAIL: [email protected] 6225 BRANDON AVE SUITE 350PHONE: 703-644-2240 EXT: 314 SPRINGFIELD, VA 22150

(Continued on page 6)

Coordinator of the meeting while herfather had serious medical issues at theWashington Hospital Center. She actual-ly came in during the wee hours of themorning the week before to work onpreparation for the meeting and thenspent the rest of the day with her father atthe hospital. Talk about grace under pres-sure. Please remember to say "thanks"the next time you see her.

I am very proud to have been electedas your President, and will work diligent-ly to justify your confidence in me. Mybasic belief is that this association existsprimarily for the benefit of all our mem-bers to improve their professional livesand practices. Toward that end, Iannounced a number of initiatives whichwill be targeted this year. Some are capa-ble of conclusion within one bar year,others will undoubtably continue.

1. Courthouse Construction: It has

previously been reported to you about theserious problems involving funding to buildthe planned expansion of the Circuit Court(county-owned), and the new RockvilleDistrict Court (state-owned). These projectswhich were in jeopardy, are now back ontrack thanks to our elected representatives.

I attended a session of the CountyCouncil on March 24, 2006, and yourCounty Council voted unanimously tofund $48 million towards the first phase ofa new Circuit Courthouse with plannedconstruction hopefully beginning in 2009.

The funding for the demolition andsite work for the new Rockville DistrictCourt has also been restored subject tofinal release of those funds by theGovernor. This funding was due primari-ly to the yeoman efforts by the entireMontgomery County delegation, bothHouse & Senate. Special thanks go to ourthree Montgomery County Senators onthe Budget & Tax Committee, SenatorRona Kramer, Senator P.J. Hogan, and along-time friend of the Judiciary and ourAssociation, Senator Ida Ruben.

To assist our courts and our electedofficials with both of these projects, I amappointing a Special Committee onCourthouse Construction. That committeewill act as a resource and lobbying group tomake sure that these projects are adequate-ly funded, and that the courthouses are suit-able for our current and future needs.

2. Long-Range Planning: I believewe will continue to be the best local barassociation in the State of Maryland, butwe need to plan and anticipate for thefuture of our Association. I am thereforereviving the Long-Range PlanningCommittee to plan and conduct a Long-Range Planning Conference in this baryear, and to report to the membershipwith their recommendations no later thannext year's Annual Meeting.

A related, but bittersweet project is toplan for the day that our ExecutiveDirector of nearly 30 years, Bev Mondin,decides to retire. I am appointing a spe-cial Personnel Committee to study thisentire issue from search to selection totransition. Dave DeJong, Esquire hasgraciously agreed to chair that committee.

3. Membership: We will continuePaul Kemp's initiatives to attract and retainnew practitioners, but we will also needthe enthusiastic involvement of all of ourmembers, especially those who have been

PAGE 4

PRESIDENT’S MESSAGE, cont’d

outgoing diligent Executive Committeemembers, having finished two years ofservice: Hon. Michael J. Algeo, MichaelJ. McAuliffe, Jeffrey Van Grack, PatriciaWeaver, Neil Jacobs, and NancySachitano, and the outgoing Co-Chair ofthe New Practitioners, Marjorie DiLima.

This is not news for the 350+ peoplewho attended our Annual Meeting andLaw Day, but it was a tremendous successin its first visit to the Marriott ConferenceCenter. As usual, the event was well-staffed and coordinated by our ExecutiveDirector, Bev Mondin, and her enthusias-tic staff, Cindy Brandenburg, TessieGamboa, Jackie Strzepek, MarleniJimenez and Bea Rice. The space, food,awards and overall ambiance was profes-sional and first-class. Special thanks goesto Cindy Brandenburg who did every-thing as the Administrative Assistant and

WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY,TELL THEM WHERE YOU SAW THEIR AD.

(Continued from page 1)

in practice 5, 10, or 15 years. I especiallywant to reach out to all the law firms in theCounty, especially mid-size and largefirms. We know those lawyers are veryimportant to your firms, and similarly, theyare very important to the Bar. We needtheir involvement and their leadership. Iwill be contacting many of these firms per-sonally to attempt to increase involvementof their members in the Association.

4. Technology: The TechnologyCommittee will be staffed to allow theBar Association website to become anavailable resource for common officetechnology solutions. In addition, theAssociation will purchase and implementthe software necessary to make this pastyear, the last year of paper ballots for any-thing. We will use secure online votingfor our elections, our judicial referen-dums, and surveys for our members.

5. Pro Bono Service: I will ask eachsection and each committee to report to theExecutive Committee on how their com-mittee or section can provide pro bonoservice to citizens of limited means in ourarea. This may involve service at the clin-ics, at the pro se project in the courthouse,or with taking assigned cases, perhapsjointly, to spread out the workload. In addi-tion, the Public Defenders Office is puttingtogether a new project to present to the Barwhere our members can volunteer to beadvocates for at-risk children in the schoolsystem and to help stem the rising juvenilecrime rate, and more importantly, the dam-age done to students who do not get appro-priate services during their formative years.

6. Social Programs: (A) I willencourage all committees and sections tohave at least one meeting a year with asocial component, be that a lunch meet-ing, dinner meeting, or social hour. Ibelieve this increases participation, fos-ters networking, and permits interactionin a relaxed setting. (B) I will meetingduring May and June with the Bar RevueCommittee to consider a new location for2007 that will combine the atmosphere ofSmoky Glen Farm, with the advantagesof an indoor performance hall. We areconsidering some private high schoolsites, but are open to anything so if youhave suggestions, please call or email me.(C) Bar Association Party: Some of ourolder members will remember the AnnualFormal Dinner Dance we used to have.Drawing on that, I have decided to

PAGE 5

PRESIDENT’S MESSAGE, cont’dinstead have an informal party in Aprilthat will be just for fun. I am going to askthe New Practitioners Section to plan andimplement that function with the help ofTrish Weaver and others. We are tenta-tively looking at April so stay tuned forfurther details.

Next May I plan to look back and seehow well we did as an Association with

these initiatives. The membership will bekept abreast of our progress, not only atour monthly luncheons, but through thisnewsletter. I am also reviving a prior prac-tice where the minutes of the ExecutiveCommittee Meeting will be published inthe newsletter. Please stay involved in ourassociation. You do make a difference.

John C. Monahan


DAVID HARRISON, INC.APPRAISALS - CONTENTS PURCHASED

DC/MD REAL PROPERTY APPRAISALS - $200.00DC/MD PERSONAL PROPERTY APPRAISALS - $200.00

COMBINATION FEE - BOTH FOR $350.00 DC/MDMD LICENSE #83 ♦ DC LICENSE #286

ON DC APPROVED APPRAISERS LIST - CERTIFIED APPRAISER #38315LICENSED BROKER DC/MD SINCE 1959

WE APPRAISE HOUSEHOLD CONTENTS, ANTIQUES, FINE ARTS & COLLECTIBLES.REFERENCES - FAST SERVICE - TOTAL CLEANOUTS - DELIVERIES - SHIPMENTS

CALL FOR OUR LITERATURE - WE BUY, SELL, RESTORE, APPRAISE & ACCEPT CONSIGNMENTS

301-258-9317 www.marylandappraiser.com

ENDOWMENTCONTRIBUTIONS

James B. BlinkoffHonorable David L. CahoonMilton F. CloggDavid S. DeJongThomas E. DuniganArthur C. Elgin, Jr. Donna N. ErsekMarcia FidisJo B. FogelMark E. Lewis & Janice NesseJoseph A. Lynott, IIIMimi Magyar-SocorsoHonorable James S. McAuliffe, Jr. Honorable John F. McAuliffePatrick C. McKeeverA. Howard MetroCharles Pavitt & Elaine GilbyElsie R. ReidStephen H. RingMaster Steven G. SalantLawrence A. ShulmanRebecca N. StrandbergJoseph P. SuntumHonorable Durke G. ThompsonJames L. ThompsonMarvin M. WaldmanHonorable Charles W. Woodward

PRO BONOCONTRIBUTIONS

Bunton AmernickNancy G. BarrRobert G. Brewer, Jr. Lawrence H. FischerJo B. FogelCharles W. FosterDiane A. FoxGoren, Wolff, & Orenstein, LLCTravys D. Harvery-MorrisBeverly G. HudnutNeil B. JohnsonStephen A. KleinJohn J. KominskiEric P. MitchellKatherine PalumbonKatherine E. PardeeSandground, New, & Lowinger, PCRobert M. SandlerRhonda ScarboroughMarion T. SilvaSteven A. SolomonDonald H. Spence, Jr.Women's Bar of Maryland-Montgomery

County Chapter

Nominations must be received by June30, 2006, and the awards will be pre-sented at the MLSC Awards Receptionin the fall.

MLSC was established by theMaryland General Assembly in 1982 toreceive and distribute funds to nonprofitorganizations that provide civil legalassistance to low-income persons. Fromits inception, MLSC has made grantstotaling over $90 million to help provideservices in more than 1.3 million legalmatters for Maryland’s families in areasof family, housing, consumer, employ-ment, health care and other civil legalmatters.

For additional information regardingthe MLSC Legal Services Awards or toobtain nomination forms, contact MLSCat (410) 576-9494 or toll free at (800)492-1340 or download them from ourwebsite, www.mlsc.org.

BAR FOUNDATIONPRESENTS SEMINARS ONCONSTITUTION TOGAITHERSBURG OASIS

On March 15th, 29th and April 12th,the Speakers Bureau of the BarFoundation presented three seminars onthe U. S. Constitution to the GaithersburgChapter of OASIS. Presentations weregiven by seven members of the bar, whoreceived complimentary reviews from theapproximately 50 people who attended.

On March 15th, John Quinn and GarySiegel made presentations. John Quinnpresented an overview of the Constitution(history and content) and a discussion ofits initial strengths and weaknesses. GarySiegel discussed the Bill of Rights-its his-tory, its initial application only to the fed-eral government, and its subsequentexpansion via the 14th Amendment(through selective incorporation).

On March 29th, presentations on thethree branches of government. JamesShalleck spoke on Article I and theLegislative Branch; Paul Smith spoke onArticle II and the Executive Branch; andAnne Albright spoke on Article III andthe Judicial Branch.

On April 12th, the concluding pre-sentations were given by RichardSchimel and Billy Becker. RichardSchimel spoke on federalism issues,including the Supreme Court's rulings inBush v. Gore (2000). Billy Becker spokeon recent developments in areas wherefederal powers and individual rights con-flict.

On June 5th, 12th and 19th, theSpeakers Bureau will present a secondround of seminars to the GaithersburgOASIS, with presentations on the FirstAmendment, Eminent Domain,Affirmative Action, Constitutional issuesin the Deanne v. Conway case, and areview of events that have affected theConstitution during the past ten years.

Bar members interested in participat-ing in seminars on the U. S. Constitution,please contact Billy Becker [email protected] or C. Paul Smithat [email protected] or via FAX at(301) 762-0285. Indicate the areas ofyour interest and on which you are will-ing to speak.

C. Paul Smith

WACHOVIA JOINS RANKSOF MARYLAND IOLTAHONOR ROLL FINANCIALINSTITUTIONS

Wachovia Bank has been named thefirst Maryland financial institution with anationwide presence to join the ranks ofthe Interest on Lawyer Trust Accounts(IOLTA) Honor Roll by the MarylandLegal Services Corporation and theMaryland State Bar Association.

Maryland Legal ServicesCorporation, a non-profit organizationthat administers IOLTA and other fundsfor legal aid, works with lawyers andbanks across the state to help fund organ-izations that provide civil legal servicesfor low-income Marylanders. The IOLTAHonor Roll recognizes financial institu-tions that agree to pay a net yield of atleast 1.5% on IOLTA deposits. Wachovia

PAGE 6

CURRENT UPDATE, cont’d(Continued from page 3)

EMINENT DOMAIN/CONDEMNATIONAND AD VALOREM TAX ASSESSMENT CASES

Jim Thompson and Joe Suntum head Miller, Miller & Canby's emi-nent domain/condemnation practice - a practice that extends back to the 1970'swhen Bill Canby established a major presence in the field. We accept lawyer-to-lawyer referrals to:

• Achieve "just compensation" for property owners• Try complete and partial taking cases• Evaluate damages from roads, utilities and other projects• Consult with owners and counsel

Proven experience and leadership in this area, including trial work,teaching at ALI-ABA on eminent domain, and membership in the Owner'sCounsel of America (www.ownerscounsel.com), a select national group oflawyers representing owners in condemnation cases.

In addition, both lawyers have done extensive amounts of ad valoremtax assessment hearings/trials, teach classes on Maryland property tax, andhave completed the Property Tax School for the Institute for Professionals inTaxation (IPT) addressing valuation issues.

Miller, Miller & Canby200-B Monroe Street

Rockville, Maryland 20850301.762.5212

www.mmcanby.com


has joined the ranks of “Gold” HonorRoll members by increasing its averagenet yield on IOLTA deposits from seven-tenths of one percent to more than twopercent. Sixteen Maryland banks are cur-rently on the Honor Roll.

“We try our best to be a good corpo-rate citizen in all of the markets that weserve, and given the recent rise in interestrates, frankly, it was just the right thing todo,” said James Themides, Wachovia’sRegional President. “We are more thanhappy to do this, and appreciate the busi-ness that we have with the IOLTAaccounts and with all law firms inMaryland.”

The Maryland IOLTA program wascreated in 1982 to assist Marylanders whowould otherwise have a hard time payingfor legal help with family, housing, healthcare, disability, employment, education,and other issues. At the time the programwas created, interest rates paid on IOLTAaveraged over 5%, but dropped to less thanhalf a percent when short-term interestrates hit historic lows in 2003. Given thecurrent interest rate environment – today’srate sits at 4.75 per cent after the FederalReserve’s fifteenth consecutive increasesince June 2004 – it is anticipated thatother Maryland banks will review andadjust rates paid on IOLTA deposits.

“On behalf of everyone associatedwith IOLTA, we are delighted to haveWachovia join the ranks of Gold HonorRoll members,” said F. Vernon Boozer,chairman of the Maryland LegalServices Corporation. “We hope to seemany more banks join them in the com-ing months.”

SOLO DAY AT THE MSBAANNUAL MEETING–OCEANCITY, MD

The program will be held on Friday,June 16, 2006 at the MSBA’s AnnualMeeting in Ocean City. The program hasa one-day registration fee of $50 and isco-sponsored by the Solo and Small FirmSection, the Section on Negligence andWorker’s Comp and Alternative DisputeResolution Section. It was created to givesolo and small firm practitioners theopportunity to come to the AnnualMeeting for just one day and benefit fromsessions specifically designed for them.

PAGE 7

CURRENT UPDATE, cont’dIf you are unable to take the time for thewhole meeting, you may want to take theopportunity to hear some excellent speak-ers for this 1-day program.

Programs are:• Relax: It’s Time to Outsmart

Your Peers with RSS• Is What You Said What They

Heard? Using Psychology to ImproveYour Practice

• Workers' Comp Appeals–Presumption? What Presumption” AWinning Playbook in the Circuit Court

• Collaborative Law: How It CanImprove Your Practice

• OOPS: Top Mistakes That CanTrip Up the Most Experienced Litigatorsand Transactional Attorneys

• How Solos CAN USEMediation for Negotiating Cases andSatisfying Clients

• The Power of Nice: How ToNegotiate So Everyone Wins - EspeciallyYou!

To register, members can go to theMSBA website at www.msba.org.

Pat Yevics, Director,Law Office Management Assistance

NEW MONTGOMERYCOUNTY MENTORINGPROGRAM

I am writing about a new mentoringprogram in Montgomery County designedfor children involved in the MontgomeryCounty Juvenile Court system. In myyears as a juvenile court judge, I sawcountless youngsters who were in direneed of some consistent, supportive adultfigure in their lives. Mentoring programsalways came to mind when faced with thisreality, but I have found that there are actu-ally precious few mentors out there–will-ing to commit on a regular basis to a childin need. With that in mind, several agen-cies and interested individuals developed a


(Continued on following page)

program to help our court-involved kids.We now have in place a collaborativegroup dedicated to providing mentors forboth CINA and delinquent children.

The children chosen for this programare either involved with the Child Welfaresystem because they have been abusedand/or neglected or have committed delin-quent acts and are now involved with theDepartment of Juvenile Services. TheYMCA Youth & Family Services is func-tioning as our day-to-day coordinatingagency, with Ottoniel Perez as the programdirector, in partnership with the CircuitCourt of Montgomery County, theMontgomery County Public Schools, theMontgomery County Department of Healthand Human Services, and the MarylandDepartment of Juvenile Services.

The first mentor/mentee relationshipbegan some months ago and we now have

over 12 “matches” of mentors/mentees whomeet on a regular basis. The program islooking to expand the mentoring pool andwe are in need of more mentors. We have adiverse mentee population and are lookingfor mentors with varied backgrounds. Weneed both male and female volunteers andcan desperately use mentors who are bilin-gual. The YMCA Mentoring Program willalso explore using couples, and faith-basedand other small groups to expand the volun-teer mentor pool. The mentors must bewilling to make a one-year commitment,and meet regularly with young people whohave challenges and difficulties–but whoalso are filled with promise.

Please contact the MentoringCoordinator, Ottoniel Perez [email protected]. or by telephoneat (301) 588-2120 (ext. 2574) or cell at(202) 438-5051 if you or anyone you knowwould be interested in being a mentor.

You can also call my chambers at (240)777-9372 any time for further information.

Katherine D. Savage

LOCAL FIRM ANNOUNCES2006 SCHOLARSHIP AWARDRECIPIENT

Bethesda-based law firm Lerch,Early, and Brewer, Chartered, announcedtoday that Joseph Braun, a senior atNorthwest High School (Germantown),was the recipient of their 2006 AnnualScholarship Award. The scholarship isawarded to the Northwest football playerwith the highest cumulative grade pointaverage, and who has been a member ofthe football program throughout all fouryears of the student's high school career.

Jeffrey VanGrack, Co-chair of theCommunity Associations Group at Lerch,Early, and Brewer, and Paul Alpuche, Chairof the firm's Business and Taxation Group,coordinated the award with the school. BothVanGrack and Alpuche serve as volunteercoaches for the Northwest football team.

"We're very proud with how hard Joeworked during his four years atNorthwest." VanGrack said. "The award isan affirmation of the work ethic that Joehas exhibited both on and off of the field."

The award will be presented toBraun, who will be attending theUniversity of Miami (Fl.) next year, at aschool assembly on May 18.

The scholarship is part of Lerch,Early, and Brewer's association with the"Partners in Business and Education" pro-gram, which is sponsored jointly by theMontgomery County Chamber ofCommerce and Montgomery CountyPublic Schools. The program successfullyunites the business and education commu-nities to achieve a common goal of work-force readiness for students. Businesseswho participate in the "Partners" programstrive to provide experiences within theschool, business, and community to helpstudents make informed educationalchoices and career plans.

In addition to the annual scholarship,VanGrack has worked with school teach-ers and administrators to bring in judges,college professors, attorneys from thefirm, and Maryland state representativesfor speaking opportunities for the stu-dents at Northwest.

PAGE 8

CURRENT UPDATE, cont’d


(Continued from preceding page)

DOUG BREGMAN RECEIVESCHAMPION OF JUSTICEAWARD

On Wednesday, May24, 2006, the EqualJustice Council cele-brated their NinthAnnual Awards Break-fast at the CamdenYards Banquet Room.Douglas M. Bregmanreceived the 2006Champions of Justice

Award. His work to make Equal JusticeUnder the Law a reality for our low-incomecommunity is greatly appreciated.

~Montgomery County Circuit Court

Judge Durke Thompson ruled that all 13plaintiffs in a lawsuit against the Stateasking for the restoration of health carebenefits—including five who were addedto the case after it was initially filed—have standing to seek preliminary relief.

The plaintiffs lost their benefits after$7 million was cut from the budget lastJuly. The cuts affected about 4,000 legalimmigrants who are legally in the countrybut have lived in the U.S. less than fiveyears.

While the judge declined to order spe-cific relief for two of the plaintiffs—a six-year-old girl with asthma and her one-year-old sister with breathing problemsand a heart condition—he recognized the“conundrum” faced by the plaintiffs’ par-

ents, who are unable to prove a medicalcondition because of the lack of medicalcare. Thompson “strongly” urged the Stateto address their serious medical needs.

Thompson also left the door open forthe girls to seek further relief if theirhealth care needs aren’t met. “Some ofthese kids are pretty doggone sick,”Thompson noted from the bench. “Istrongly hope the State addresses the seri-ous needs of [the sisters] and stays alert tothe needs of the other plaintiffs.”

Attorneys for the plaintiffs werepleased with the outcome of the hearing.

“The State is finally listening,” saidDouglas M. Bregman, of Bregman,Berbert, Schwartz & Gilday, LLC inBethesda, a pro bono attorney represent-ing the children. “We’ve got their atten-tion and we’re pushing the State to theouter limits of cooperation.

“The judge gave all of our plaintiffsstanding and he’s ready to hear from themall,” Bregman continued. “And he wantsto hear from us if they don’t get healthcare. It seems like they’ve now got caseworkers on it 24 hours a day.”

Added Regan Bailey, a Legal Aidattorney also representing the children:“We’ve been unbelievably successful ingetting care for some of the chronic con-ditions our plaintiffs suffer from. But theyneed the same comprehensive health carethat all children need to identify andpromptly address potentially serioushealth conditions before they cause sig-nificant and irreparable harm.”

In February, the Court of SpecialAppeals, while upholding stays on aninjunction restoring healthcare to legalimmigrant children, put in place a mech-anism for plaintiff children at “seriousrisk” and needing “particularized medicaltreatment” to seek heath benefits at thecircuit court level as the case moves for-ward.

Today’s hearing asked the State torestore benefits to two of the plaintiffs.Earlier this month, the Court of Appealstook the case and has scheduled oral argu-ments in late May or early June.

The Legal Aid Bureau, established in1911, is Maryland's only statewide pro-gram providing a full range of free civillegal services to low-income people.

Bethesda-based Bregman, Berbert,Schwartz & Gilday, LLC was establishedin 1979. Senior partner DouglasBregman is a former president of the BarAssociation of Montgomery County andsits on the board of directors of theMaryland Legal Services Corp.

PAGE 9

EQUAL JUSTICE COUNCIL AWARDS


SIMON E. SOBELOFFJEWISH LAW SOCIETYANNUAL BARBECUE &GATHERING – Join us in a cere-mony to Kosher Brian Sadur'sBrand New Grill and schmoozewith new and old friends. Sobeloffmembership not required to attend.Our gathering will take place onJuly 20, 2006 from 5:30 to 8:30pm at the home of Brian Sadur,Esq, 2 Purdue Court, Rockville,Maryland. Please RSVP [email protected]. If you wouldlike to bring food or desserts,please contact Brian Sadur [email protected] Don't miss thisevent and check out our web site atwww.Sobeloff.org For furtherinformation call Brian Barke at(301) 309-8300.

Now that the session is finally over, Iwant to share a brief overview of some leg-islative highlights. Once again, the sessionwas very contentious. But, overall, I thinkit was quite productive. Below is a briefdiscussion of some issues addressed duringthe 2006 session.

When the gavel fell at midnight onApril 10, it marked the end of the final ses-sion of my freshman term. I truly enjoy thewonderful privilege of serving the citizensof District 15. Over the past four years, Ihave continued to gain the knowledge,experience, and practical understandingnecessary to effectively promote my leg-islative goals and advance the interests ofmy constituents. By my fourth session, Idemonstrated enough mastery of the leg-islative process that leadership asked me onseveral occasions to assist in promoting theagenda of the Democratic Caucus bymotions and arguments in the Judiciary

Committee, where I serve as a member.Additionally, the Chairman of the commit-tee invited me to serve as the floor leaderfor many pieces of legislation that camebefore the full House and to participate inthe workgroup that determines the agendafor the committee's voting sessions.

The most pressing work of the GeneralAssembly is the budget. Our first prioritywas to receive assurance from theAdministration that it would release to localgovernments the $25.8 million the legisla-ture provided last year for local highwaygrants. Then we adopted a balanced budg-et for fiscal year 2007, which seeks to fulfillour obligation to fund the projects, pro-grams and services Marylanders need. Weincreased public school spending by 11.4%and higher education spending by 13%. Weprovided additional funding to allow for atuition freeze at Maryland's colleges anduniversities. Funding for environmental

protection and Chesapeake Bay restorationwent up by $85 million. State employeeswill receive a pay raise and medicaid spend-ing for the poor and elderly will increase by$222 million. These medicaid expendituresinclude $10 million toward restoring nurs-ing home quality of care initiatives that hadbeen reduced during the last three years.We increased foster care spending for vul-nerable children and funded an innovativepilot program for families and childrenfaced with difficult challenges. We added$361 million to land preservation and park-land funding.

In addition to striving to fulfill ourpublic funding obligations, we aimed forfiscal prudence. Accordingly, we set asidebalances in an attempt to offset spendingand revenue gaps anticipated for 2008.Such provisions include setting asidealmost $130 million in the general fund forshortfalls that may arise in 2007; $1.4 bil-lion in the Rainy Day Fund that can be usedtoward closing the projected gap in fiscal2008; and $152 million in the dedicatedpurpose account for retiree health care andpension enhancements for state employeesand teachers. Moreover, we reduced ongo-ing spending by $100 million. This keepsour budget below the limit recommendedby the Spending Affordability Committee.Such fiscal prudence helps us maintain,along with only five (5) other states, thecoveted triple-A bond rating.

We funded some very important proj-ects for Montgomery County, including$40 million for school construction, a $10million increase from last year's budget.Specifically in District 15, we securednearly $1 million for community projects.This money will fund the Poolesville TownHall, the King Farm Dairy MOOseum,

PAGE 10

LEGISLATIVE UPDATE


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Ivymount School, the Germantown LifeSciences Incubator, the BlackRock Centerfor the Arts, and the Agriculture ActivityCenter Expansion.

Other noteworthy legislative accom-plishments of the General Assemblyinclude the State Employees' and Teachers'Retirement Enhancement Benefit Act of2006, the Maryland Stem Cell ResearchAct, the Healthy Air Act, election reform,expansion of the homeowners' property taxcredit, and the Retired Military TaxReduction Act of 2006.

Personally, I navigated another ambi-tious legislative course. This has been mymost successful session thus far, with eightof the bills I sponsored passing both cham-bers of the General Assembly. In additionto the measure I introduced that garneredfunding for the Poolesville Town Hall, fol-lowing is an explanation of my bills whichachieved final passage.

Juvenile and Adult Competency: Oneof the weightiest challenges of our judicialsystem is how to address the issue of indi-viduals charged with crimes who are notcompetent to stand trial. Last session, wepassed legislation I introduced regardingjuvenile competency. It established proce-dures for a court to determine the compe-tency of a child alleged to have committeda delinquent act. This year we passed acompanion piece that moves last year'saccomplishment forward by establishingwhat services should be made available toa juvenile found to be incompetent. A sec-ond bill during this session filled a loop-hole in the law for adults deemed incompe-tent to stand trial by setting up a regularreview process. Some adults committed tostate institutions for treatment to restorecompetency got lost in the system andserved more time in the institution thanthey would have served in prison had theybeen convicted of the crime. This bill setsout a process for periodic judicial review ofan individual's progress as well as hearingsto determine whether the person continuesto meet the commitment criteria. At thesame time, the proposed new processaddresses public safety concerns by allow-ing the judge, in appropriate circumstances,to have the individual detained in the cus-tody of the Department of Mental Healthand Hygiene for consideration of civilcommitment.

Family Law: Several of my success-ful bills fall under this heading. One allowsthe judge in a divorce proceeding to trans-

fer title to a jointly owned principal resi-dence from one spouse to another in orderto facilitate an equitable distribution ofmarital property. Every other state in thecountry grants the judge this authority. Webelieve that providing this tool toMaryland's courts will result in more equi-table settlements, as well as court deci-sions. Another authorizes a judge toappoint a "best interest attorney" to repre-sent a child in contested custody and visita-tion cases. This type of appointmentallows an attorney to serve as an arm of thecourt to independently and objectivelyreview and investigate the case to help thejudge determine what is in the child's bestinterest. Two other bills address lowincome parents who owe back child sup-port payments to the state. Both of theseallow the state more flexibility in settling achild support arrearage for low income par-ents. These bills only pertain to a debtowed to the state, not the custodial parent.

The public policy rationale for allowingsuch settlements is to encourage the non-custodial parent to continue paying ongo-ing support.

Estates and Trusts: This bill stipulatesthat two persons may be designated as cus-todians of custodial property for the benefitof a minor under the Maryland UniformTransfers to Minors Act, thus allowing bothparents to exercise care and control of cus-todial property.

In closing, please accept my heartfeltthanks for allowing me to serve. At the riskof sounding overly sentimental, I can trulysay that not a day has passed when I am notawed by the great honor District 15 citizensbestowed on me. I hope you will continueto communicate your legislative concerns.Your input is invaluable. Please do not hes-itate to contact my legislative aide, JulieScheide, or me, if you have any questionsat 301-858-3052.

Kathleen M. Dumais, Delegate, District 15

PAGE 11

LEGISLATIVE UPDATE


ALTERNATIVE DISPUTERESOLUTION SECTION

The ADR Section is looking for volun-teers to review arbitrator applications andhelp promote the newly revised MCBAarbitration program. Please contact EllenKandell ([email protected]) orBob Baum ([email protected]) ifyou are interested in helping out on thisendeavor. There will be a CLE on arbitra-tion. Anyone who wants to participate onthe arbitration roster will have to take theCLE if they don't have formal arbitrationtraining. We are also looking for your ideason programs for 2006-2007.

Ellen F. Kandell, Co-ChairRobert L. Baum, Co-Chair

BUSINESS LAW SECTIONThe new co-chairs for the section for

2006-2007 are Jim Parsons and DavidShapiro. After a break for the summer, thesection will begin in the fall with informa-tive section meetings. If you have questions,suggestions, or comments before then,please feel free to contact Jim([email protected]) or David([email protected]). Thanks toall of our section members for your partici-pation in the section.

Edward E. Sharkey, Co-ChairMatthew J. Downs, Co-Chair

CINA/DELINQUENCYBROWN BAG BENCH BAR

MEETINGSJune 14, 2006 Sept. 21, 2006

July 20, 2006 Oct. 18, 2006Aug. 16, 2006 Nov. 16, 2006

Dec. 20, 2006The CINA Bench Bar meetings are

now being held on Wednesdays, while theDelinquent Bench Bar meetings willremain on Thursdays. TheCINA/Delinquent Bench Bar meetingswill be held in Courtroom 20 of theDistrict Court Building at 12:30 - 1:30PM.

CIRCUIT COURT BENCHBAR COMMITTEE

The following matters are brought toyour attention:

(1) As a reminder, the CircuitCourthouse is involved in a program tomake the Courthouse more user-friendlyto the public. It is part of a statewideaccess and fairness in the courts initiative.On June 9th and 12th, surveys will begiven to members of the public (bothlawyers and non-lawyers) exiting theCourthouse to detail their experienceswith the process with regard to friendli-ness and access.

(2) Maryland Rules of Procedure, 2-126 and 3-126, which are the rules con-cerning service, have been revised.Please make a note of the changes.

(3)There is a judicial conferencescheduled for May 17th through May19th. The Circuit Court essentially willbe closed for matters in the normalcourse. There will be retired judgesavailable for emergency matters.

Have a great summer.If you have any matters to bring

to the Committee's attention, pleasecontact me at 240-777-6721 [email protected],Committee Chair, or Lawal Momodu (301-654-9393), [email protected].

Patricia Via, Chair

COMMERCIAL LITIGATIONSECTION

The Commercial Litigation Section'snext meeting will be June 22, 2006 at8:00 a.m. at the offices of Brown andGould, 7700 Old Georgetown Road,Suite 500, Bethesda.

Please RSVP by e-mail to Melissa [email protected].

Steven Gould, Co-ChairJeffrey M. Schwaber, Co-Chair

DISTRICT COURT BENCHBAR COMMITTEE

News on Judges: On May 8, 2006,Governor Ehrlich officially announcedfour judicial appointments to fill the cur-rent vacancies in District court. Out newjudges will be (in alphabetical order)Michael Conroy, Gary Crawford, CherylMcCally, and William G. Simmons.Investitures will be scheduled in theRockville District Court building in oldCourtroom 1, currently Courtroom 20 ofthe Juvenile Court. Dates are listed onpage 1 of this Newsletter. Judge Wolfeplans to work the new judges into the reg-ular schedule quickly using a brief on thejob training program that will have our newjudges fully scheduled during June 2006.Watch the Bar website for updated sched-ules as these new judges are sworn in.

Judge Wolfe informed the Bench BarCommittee that he has taken all the nec-essary steps to apply for two additionalDistrict Court judgeships in MontgomeryCounty, but the earliest we can get newappointments here will be approximately2008.

Funds were put back in the budget topay for the demolition of the oldRockville Public Library, and for sitework for the new District Court buildingthere. The new courthouse could be inoperation by September 2008.

Suggestions from the Bench: On allcivil pleadings, use the full case number,starting with 06-01 [Rockville cases] or

PAGE 12

COMMITTEES & SECTIONS


INTERSPANISH COMMUNICATIONSINTERPRETING AND TRANSLATING SERVICES

DEPOSITIONS, MEDIATIONS, HEARINGS, STATEMENTS

WANDA S. LEHMANCERTIFIED COURT INTERPRETER, PRINCIPAL

P.O. BOX 13535 SILVER SPRING, MD 20911TELEPHONE: (301) 257-2228 FAX: (301) 585-7768

being requested can be noted on a docu-ment kept in the file.

Members with questions or sugges-tions are encouraged to e-mail them toReg Bours at [email protected].

Reginald W. Bours, III, Chair

ESTATE & TRUST LAWSECTIONLife Settlements: Providing Attorneys

New Solutions and New ResponsibilitiesBy Joe Young & Patrick Duke

In the Fall of 2003, The American BarAssociation's Real Property, Probate andTrust Journal published "The Benefits of aSecondary Market for Life InsurancePolicies." This report concluded that hold-ers of life insurance policies who sold theirpolicies to life settlement providers in 2002received $242 million more than whatwould have been returned to insurers.1 In2004, that number jumped to $686 million.2

What is a life settlement? A lifesettlement is the sale of a life insurancepolicy–an assignable asset–where theinsured is 65 years of age or older anddoes not have a terminal or chronic ill-ness. In a life settlement transaction, theowner of the policy always receives morefor the policy than the insurance compa-ny would be willing to pay for surrenderof the policy.

Prior to the emergence of the life set-tlement market, owners of unneeded,unaffordable or underperforming policieson senior insureds had very limitedoptions for an exit strategy. They could(1) continue to pay premiums; (2) surren-der the policy for the surrender value; or(3) allow the policy to lapse. Rarely areany of these options an attractive alterna-tive. Now holders of these owners have anew option - the Life Settlement.

The Life Settlement option provides

PAGE 13

COMMITTEES & SECTIONS06-02 [Silver Spring cases]. If a civilcase is specially set, put something on thepleading to reflect its specially set status.Putting a trial date in the caption of apleading is also preferred and will assistthe clerks in setting priorities.

Civil motions will not be heard orruled on before the time for a responsefrom the other side has expired. Pleasedo not file a motion one day and call backto check for a ruling two days later. It isnot going to happen unless you have con-sent from the other side.

Lawyers should refrain from makingoral requests in the courtroom for actionor modifications on existing cases that arenot scheduled that day or in that court-room. Judges are being instructed torequire written motions so that all fileswill reflect the reason for actions taken.The judges also prefer that all writtenmotions be accompanied by a proposedor consent order so that the specific relief



the advisor with a powerful new tool toaddress common challenges encounteredby their high-net worth clients. However,with these new planning opportunitiescome new responsibilities, especially forattorneys who are assisting these individ-uals with their estate and business plan-ning, or, most notably, when serving as atrustee on trust-owned policies.

When to Consider a Life SettlementEstate tax needs have changed. Due

to erosion of the estate, an increase in liq-uidity, or increases in the estate tax exclu-sion level, the need for a policy held in anirrevocable life insurance trust (ILIT)may no longer be applicable. Where tra-ditionally this policy may have beenallowed to lapse or surrendered for a frac-tion of the premiums paid, a life settle-ment could enable the trustee to liquidatethis asset for its fair market value andredistribute the proceeds into moreadvantageous investments.

Under-performing insurance poli-cies. Typically, when clients purchaselife insurance policies for estate planningpurposes, most often universal life poli-cies, maintaining the death benefit is thesole concern. Prior to the introduction ofnew products that offer death benefitguarantees, these policies were common-ly funded with the minimum amount ofpremium to maintain the policy. Many ofthese policies that are 5 years or olderwere original illustrated with crediting

rates that greatly exceed the policies' cur-rent rate of interest. When it is deter-mined that the policy is in danger of laps-ing, the advisor or trustee has traditional-ly been limited to two unattractive solu-tions - increase premium payments (andhopefully have sufficient Crummey bene-ficiaries to avoid gift tax consequences)or, if the policy holder is still insurable,apply for a new policy and transfer theremaining cash surrender value as a taxfree 1035 exchange. Life settlementproviders provide a third (and often moreadvantageous) exit strategy - sell the pol-icy for its fair market value (in manycases a multiple of cash surrender value),and use those proceeds to fund a new pol-icy.

Retiring Business Owners/Execu-tives. Business owner clients will likelyhave policies that were purchased forkey-man protection or buy-sell purposes.Commonly, when these individuals retireor transition the business to a familymember or purchaser, these policies areno longer needed. For this reason, thesepolicies are usually allowed to lapse.These policies may have a value in excessof cash surrender value.

ConclusionAnytime a client over age 65 is plan-

ning to surrender a policy, or allow it tolapse, there is possible life settlementoption. The emergence of this market hasprovided attorneys and financial profes-sionals with another "arrow in the quiver"

to help solve their clients' problems.Understanding why and when this trans-action may benefit their client is theresponsibility of all advisors that servethe senior market. As was concluded inan article in the Pennsylvania LawWeekly, "The attorney has an obligation toanalyze the circumstances to determine ifa life settlement is possible to gain themost for the client."3

1Real Property, Probate and TrustJournal, Vol. 38, Number 3, Fall 2003. "TheBenefits of the Secondary Market for LifeInsurance Policies"

2Hal Singer, President, CriterionEconomics, LLC and Eric Stallard, ResearchProfessor and Associate Director of theCenter for Demographic Studies at DukeUniversity. "Reply to "The Life SettlementMarket: An Actuarial Perspective ofConsumer Economic Value"", November 2005

3Pennsylvania Law Weekly, "An OftenOverlooked Asset", January 2004

Joe Young and Patrick Duke are Principals ofChesapeake Financial Settlements, LLC, a life set-tlement broker based in Rockville, MD. They maybe reached at 240-403-1509 or at [email protected] and [email protected]. Pleasevisit their website, www.chesapeakefs.com, formore information on the life settlement market-place.

Jay M. Eisenberg, Chair

FAMILY LAW SECTIONA short report for this month. A fond

farewell from us and a warm welcome toyour new Co-Chairs, Stephanie Finkand Lisa Segel! The 2006/2007 year willbe a great one with their leadership andwe encourage you all to be involved. OurSection is strong due to the consistentinvolvement, hard work and support ofour members.

Thank you to Bev Mondin and theBar Association for all the assistance pro-vided to our Section throughout the year.Thank you also to our wonderful speakersfrom Law Day! Carol A. Crawford,Dolores Ridgell and Devang M. Shah allgave us plenty of food for thought onwiretapping, spyware, computer crimes,the ethical aspects of our electronic worldand the immigration concerns to watchout for when your divorce client is a non-citizen spouse.

If you have any questions, com-ments, or suggestions, please feel free tocontact either Stephanie at (301) 762-

PAGE 14




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

OPEN LETTER TO THE MEMBERSHIP

We are pleased to announce that The Montgomery County, Maryland, Bar Foundation Fall Outing andTennis Charity Classic 2006 will take place on October 9, 2006 at Argyle Country Club. TheMontgomery County, Maryland, Bar Foundation serves our community through charitable programsevery year. We are pleased to announce that over the past 10 years, the Annual Golf and Tennis CharityClassic has raised funds for Pro Bono and the Community Programs including Mock Trial and thecable show Law School for the Public.

The Fall Golf and Tennis Charity Classic and Silent Auction is the one fundraiser every year, which issponsored by the Bar Foundation and we are beginning our campaign for 2006 and need your help. Weknow that YOU are our best marketer; therefore, we are respectfully requesting that each of you thinkof service providers to your law practice. Please call them, get a contact person's name within theorganization and ask them if they would be interested in sponsoring our event.

Tournament Sponsor ($5,000): 4 block ad in the newsletter for 3 months, foursome for golf, four forlunch, four for dinner (includes open bar), exhibit table on a tee, custom sign on a tee, cover advertis-ing in program, top billing in all publicity, bar association mailing list, and listing in Newsletter as aprominent supporter.

Patron Sponsor ($2,500): foursome of golf, four for lunch, four for dinner (includes open bar), exhibittable on a tee, custom sign on a tee, listing in program as a prominent supporter, 2 block ad in thenewsletter for 3 months, and listing in Newsletter as a prominent supporter.

Associate Sponsor ($1,250): two for golf, two for lunch, two for dinner (includes open bar), customsign on a tee, 1 block ad in newsletter for one month, listing in program as a prominent supporter, andlisting in newsletter as a prominent supporter.

Tennis Tournament Sponsor ($1,500): four for tennis, four for lunch, four for dinner (includes openbar), sign at the tennis courts, exhibit table near courts, listing in program as a prominent sponsor, 3block ad in newsletter for a month, and listing in newsletter as a prominent sponsor.

The SILENT AUCTION is critically important to the financial success of the event. We are askingeveryone to search for silent auction items such as: Summer Homes, Ski Resort Packages, SpaPackages, Airline Tickets from travel agents, Golf Packages, Luxury Hotel Packages, Catering, CruiseLine Discounts, Sports Tickets, Summer Children's camps discounts, etc.

THE COMMITTEE NEEDS YOUR HELP AND IT TAKES A MEMBERSHIP VILLAGE TO CRE-ATE A SUCCESSFUL CHARITY OUTING. Once you make the contact, call Jackie for follow up at301-340-2534 or e-mail her at [email protected].

Thank you for your assistance,Jim Hammerschmidt & Alison Rind, Co-Chairs

Fiscal Year 2006 -2007 Calendar ~ John C. Monahan, President

MAY 2006 5 Annual Meeting and Law Day Celebration 11 5:30p.m. Budget Committee Meeting (Foundation) 22 5:00p.m. Executive Committee Social “Get Together” – PGA Tour Grill, Rockville, MD 24 Bar Revue 29 Memorial Day – HOLIDAY – Bar Office Closed JUNE 9 7:45a.m. Bar Foundation Board of Directors Meeting 12 5:00p.m. 1st Monahan EXECUTIVE COMMITTEE MEETING 14-16 MSBA Annual Meeting – Ocean City 27 7:45a.m. Committee/Section Chair Orientation JULY 4 Independence Day Observed – HOLIDAY – Bar Office Closed 10 5:00p.m. EXECUTIVE COMMITTEE MEETING July 22 MSBA Annual Crab Feast – Edgewater, MD AUGUST 3-5 National Conference of Bar Presidents – Hawaii 7-8 ABA House of Delegates 14 EXECUTIVE COMMITTEE MEETING SEPTEMBER 4 Labor Day – HOLIDAY – Bar Office Closed 11 5:00 p.m. EXECUTIVE COMMITTEE MEETING 12 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 18 6:00p.m. Women’s Bar Dinner – Normandy Farms 21 Hispanic Bar Gala 22 Rosh Hashanah Begins at Sundown OCTOBER 3 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 6 Yom Kippur Begins at Sundown 9 Fall Outing 16 5:00 p.m. EXECUTIVE COMMITTEE MEETING 19-20 Local Bar Presidents Conference – Princess Royale Hotel and Conference Center, Ocean City, MD 27 9:30a.m. BAMC Blood Drive NOVEMBER 2 6:00p.m. J. Franklyn Bourne Bar Association Banquet 7 Election Day 13 5:00 p.m. EXECUTIVE COMMITTEE MEETING 14 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 23 Thanksgiving – HOLIDAY – Bar Office Closed 24 FLOATING HOLIDAY – Bar Office Closed 28 5:30p.m. Professionalism Commission Report Meeting – Circuit Court DECEMBER 4 7:30a.m. Committee for Montgomery Breakfast 5 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 11 5:00 p.m. EXECUTIVE COMMITTEE MEETING 15 Hanukkah begins at sundown 22 FLOATING HOLIDAY– Bar Office Closed 25 Christmas – HOLIDAY – Bar Office Closed 26 Kwanzaa begins JANUARY 2007 1 New Year’s Day – HOLIDAY – Bar Office Closed 8 5:00 p.m. EXECUTIVE COMMITTEE MEETING 9 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 15 Martin Luther King Day – HOLIDAY – Bar Office Closed FEBRUARY 6 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 6-10 National Conference of Bar Presidents – Miami 12 5:00 p.m. EXECUTIVE COMMITTEE MEETING 12-13 ABA House of Delegates – Miami 19 President’s Day – HOLIDAY – Bar Office Closed 24-March 3 MSBA Mid-Year Meeting – Dominican Republic

MARCH 6 12:15 p.m. Bar Luncheon, Rockville United Methodist Church 8-10 Bar Leadership Institute (President-Elect) – Chicago 12 5:00 p.m. EXECUTIVE COMMITTEE MEETING 22 Strategic Planning Conference – TENTATIVE APRIL 2 Passover begins at sundown 6 FLOATING HOLIDAY – Good Friday – Bar Office Closed 16 5:00 p.m. EXECUTIVE COMMITTEE MEETING 17 12:15 p.m. Bar Luncheon, Rockville United Methodist Church MAY 4 2007 Annual Meeting – Marriott North Bethesda Hotel & Conference Center 28 Memorial Day – HOLIDAY – Bar Office Closed JUNE 11 5:00 p.m. EXECUTIVE COMMITTEE MEETING 13-16 MSBA Annual Meeting – Ocean City Updated: May 17, 2006

NAME: ___________________________________ PHONE: ___________________________(PLEASE PRINT)

Please indicate your Areas of Practice

ADMINISTRATIVE LAW LITIGATION DEFENSEBANKRUPTCY MEDICAL / DENTAL MALPRACTICEBUSINESS LAW PATENTS, TRADEMARKS, COPYRIGHTSCIVIL RIGHTS / CONSTITUTIONAL LAW PERSONAL INJURYCOLLECTION / CREDITORS RIGHTS PROFESSIONAL MALPRACTICECONSUMER LAW REAL ESTATECRIMINAL LAW SOCIAL SECURITYEDUCATION LAW TAX LAWELDER LAW TORTS (DEFENSE ONLY)EMPLOYMENT LAW TORTS (PLAINTIFF ONLY)ENTERTAINMENT LAW TRAFFIC VIOLATIONSENVIRONMENT LAW VETERANS BENEFITS / MILITARY LAWESTATES & TRUST LAW WILLS & PROBATEFAMILY LAW WORKERS’ COMPENSATIONIMMIGRATION & NATURALIZATION OTHER __________________________INSURANCE/ACTIONS AGAINST OTHER __________________________JUVENILE LAW OTHER __________________________LANDLORD / TENANT LAW OTHER __________________________

The Bar Association 2006-2007 MembershipDirectory and Desk Reference will contain anarea for listing your area of practice and linkour Web Page to your Web Page. This effortwill serve you in Print and Electronic Medium.Please indicate your areas of Practice below. A

link from our webpage to your webpage is $50.Your first listing is $30.00, with additional listingsbeing $10.00 each. Make checks payable tothe Bar Association of Montgomery County, MD.Please return forms (with payment included)no later than July 28, 2006.

RETURN BY JULY 28, 2006.(If you have any questions regarding the web link, call Bev Mondin at 301-424-3453.)

Office Code – A/4099

Please make checks payable to the Bar Association ofMontgomery County, MD and forward with this form to:

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

If you have any questions regarding this year’s MembershipDirectory, please contact Cindy at (301) 762-8376.

2006-2007 Webpage Link Renewal Fee $ 50.00** Please check all that you are currently listed in **

BAMC Web Site Link toYour Web Page $ 50.00

Website: _______________________________________Initial Listing (for Directory and/or Website) $ 30.00Additional Listings at $10 each $ _________TOTAL Amount Enclosed $ _________

Give Us Your Area of Practice for Easy Referral of Cases

Link your Web Page to the Bar AssociationWeb Page With The Find A Lawyer Link

If you are currently listed on our webpage,there is a FLAT $50 renewal fee.* *

2006 Annual Meeting

Paul Kemp presents the Gavel toJohn Monahan for

2006-2007

The Head Table:Brad Bernstein, Dr. Moreno Carrasco, Rachel McGuckian, Judge Patrick Woodward, Judge Andrew Sonner, Judge Charles Day,

Robert Hetherington, Judge Ann Harrington, John McCarthy, Paul Kemp, Judge Joseph F. Murphy, Jr., John Monahan,Judge Irma Raker, Judge Roger Titus, Judge Mary Ellen Barbera, Judge Eugene Wolfe, Richard Stolker

Robert B. Hetherington, Law Day Program Chair,John J. McCarthy, Bar Foundation President, Paul F. Kemp,

Outgoing Association President, Beverly C. Mondin, ExecutiveDirector and John C. Monahan, Incoming Association President

John McCarthy presents the Certificates of Achievement to theRichard Montgomery High School Mock Trial Team

Judge Joseph F. Murphy, Jr.delivers his keynote speech at theconclusion of the Annual Meeting

Judge Charles Day speaks aboutDiversity after receiving the 2nd

Annual Execellence in DiversityOutreach Award

Judge Nelson Rupp announcesAlice “Bunnie” Boswell as the

recipient of the PresidentsCitation for Outstanding Service

Paul Kemp presents Pro Bono Contested Custody Awards toJohn M. Green, Zionne Akpan, Daryl W. Price and Eva Xu

& Law Day Celebration

Jennifer Forquer andCarlos Lastra, Co-Chairs of

the Family Law Section, receiveSection Chair of the Year

Awards

Larry Ceppos receives theAssociation Committee Chair of the

Year Award for his outstandingservice as Chair of the Judicial

Selections Panel Committee

David Pordy receives a SectionChair of the Year Award for 15years of outstanding service as

Chair of the Law FirmManagement Section

Alice “Bunnie” Boswell receives thePresidents Citation for Outstanding

Service Award

Jim Hammerschmidt and AlisonRind, Co-Chairs of the Fall Outing

Committee, receive FoundationCommittee Chair of the Year

Awards

Judge Murphy presents the SchoolMock Trial Trophy to Dr. Moreno

Carrasco, Principal of RichardMontgomery High School

Kim Viti Fiorentino accepts the ProBono Guardianship Program Awardfor Shulman, Rogers, Gandal, Pordy

& Ecker, P.A.

Dan Shea, Chair of the ContinuingLegal Education Committee, receivesa Foundation Committee Chair of the

Year Award

Trish Weaver, Co-Chair of the FeeDispute Resolution Committee,

receives an Association CommitteeChair of the Year Award

Thank you to our 2006 Law Day Exhibitors!

Please Support Our 2006 Law Day Exhibitors

Please Support Our 2006 Law Day Exhibitors

Please Support OurLaw Day ExhibitorsWith Your Business!

Beth Kane DavidsonDirector

Addiction Treatment Center Suburban Hospital

8600 Old Georgetown Road Bethesda, Maryland 20814(301) 896-6608

8872, [email protected] or Lisaat (301)315-6030, Lisa @lisalegal.com.We wish you all a wonderful summer!

Jennifer A. Forquer, Co-Chair Carlos M. Lastra, Co-Chair

LEGAL ETHICS COMMITTEEMEETING DATES

June 13, 2006All meetings will be held on the 2nd

Tuesday of the month at 4:30p.m. in theBar Association Conference Room,unless otherwise noted.

The Legal Ethics committee has re-elected Jeffrey M. Axelson and SamuelShapiro as co-chairs for the 2006-2007year.

The committee will continue to spon-sor the hotline, respond to written ques-tions after full committee discussion andwrite articles for the newsletter. Thecommittee also and participate inContinuing Legal Education programs ofour own or supporting other committee or

sections programs with an ethical compo-nent.

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

PERSONAL INJURYLITIGATION SECTION

Electronic Discovery and the 2006Amendments to the Federal Rules ofCivil Procedure by The HonorableJohn M. Facciola, U.S. Magistrate

Judge, USDCJudge Facciola presented a very

interesting presentation, regarding elec-tronic discovery, at the Law Day Programput on by the Personal Injury LitigationSection. The presentation should beheard by any attorney who engages in lit-igation.

Judge Facciola indicated that thecapacity of computers to accept and keep,infinitely, information continues to grow.The cost to acquire this information indiscovery has gotten “out-of-hand.” It

has been estimated that the cost of elec-tronic discovery has now reached $2.8billion per year. As a result, JudgeFacciola stated that electronic discoveryis becoming a “game for the rich.”

The informality of e-mail has elimi-nated care in the transmittal of informa-tion. In addition to the final product, themetadata is now part of thedocument/electronic file. At the presenttime it appears that 98% of information isbeing transmitted electronically.

Judge Facciola also stated there is nosuch thing, really, as a delete key. As aservice size increases the ability to oblit-erate information increases. As aMagistrate Judge he asserted that searchwarrants now deal primarily with elec-tronic information which is being used toa greater and greater extent by the FBIand other law enforcement agencies.

The Federal Rules of Civil Procedurenow require initial disclosures, beforediscovery. These may be detailed at an

PAGE 15




PAGE 16


initial scheduling conference. The partieswill be required to describe their serverand what will be done to save informationcontained therein. Accordingly, JudgeFacciola stated, that there is a new rela-tionship between counsel and the client.The insuring that electronic informationwill be saved may be counsel’s responsi-bility.

If information is not saved there are“spoilation inferences” and perhaps sanc-tions.

Parties are now required to list theform of information production:

1. Is the information proprietaryand, if so, how will it be protect-ed?

2. Does it include metadata?3. Is it privileged? U.S. Magistrate Judge Paul Grimm of

Baltimore has a solution to the possible dis-covery of proprietary privileged informa-tion which he calls either “sneak-a-peak”


or “claw-back.” Now the “sneak-a-peak”theory access to the information will begiven with the understanding that the priv-ilege to any documents will not be waived.Under the “claw-back” theory of JudgeGrimm, access to the information will begiven with the understanding that the dis-coverer will notify the discoveree andallow the information to be “clawed-back.”

Electronic information must be “rea-sonably accessible” under Rule 26(b)(5),Federal Rules of Civil Procedure. One isnot normally required to produce infor-mation which is not “reasonably accessi-ble.” The courts have, so far, required thediscoveree to pay for the cost of obtainingelectronic discovery. This seems unfairin some circumstances.

Judge Facciola also stated that a clientshould have a destruction program forelectronic data. Destruction of electronicinformation, according to such a program,cannot be the basis for sanctions.

Attorneys should familiarize them-

selves with the rules regarding electronicdiscovery and advise their clients in advancethat almost anything is discoverable and thatpreparation must be made to eliminate infor-mation on a regular basis so that an infer-ence of “spoilation” does not arise.

Judge Facciola is a national expert inelectronic discovery through his serviceas a lawyer and as a judge. If given theopportunity to hear him speak, one shouldtake advantage of it.

Michael V. Nakamura, Co-ChairJohn J. O’Neill, Co-Chair

PROFESSIONALISM & THEQUALITY OF LIFECOMMITTEE

Thoughts for the SummerWhen this issue of the newsletter

arrives, the Court of AppealsCommission on Professionalism willhave presented its report and recommen-dations to the Court of Appeals and made


PAGE 17

COMMITTEES & SECTIONSthe report available for public review andcomment. The report reflects two yearsof study, evaluation, and debate by themembers of the Commission, culminat-ing in a document that represents the con-sensus of the members.

During the summer, theProfessionalism and Quality of LifeCommittee of the BAMC will summarizethe materials and propose comments for theExecutive Committee to consider. DuringSeptember, October, and November, ChiefJudge Bell and representatives of theCommission will travel around the State topresent the report and to receive feedback.Montgomery County will be scheduled fora date in November for its public discussionof the report and recommendations and toprovide meaningful feedback. This will beimportant information for the Court ofAppeals to use in deciding whether toimplement some or all of the recommenda-tions provided by the Commission.

Please keep an eye on the newsletterand BAMC website for information onobtaining the report and also for details ofthe presentation in November. The goal ofimproving professionalism in the practiceof law will be reached most effectively withthe collaborative effort of all practitioners.

Karen L. Federman Henry, Chair

REAL ESTATE LAWSECTION MEETING DATES

June 13, 2006On Tuesday, June 13th, Carson

Mills, Esq. of LandAmerica will be thespeaker, and will provide us with a sum-

2. Form 843 Tax Abatement.Involves the filer requesting abatement ofpreviously assessed tax using Form 843.Many using this scam have not previous-ly filed tax returns and the tax they aretrying to have abated has been assessedby the IRS through the Substitute forReturn Program.

3. Phishing. Identity thieves acquirepersonal financial data to access accounts.Taxpayers receive e-mails that seeminglycome from the IRS notifying of an out-standing refund. The taxpayer is urged toclick on a hyperlink and is sent to an offi-cial-looking site soliciting a social securityand credit card number. The IRS does notinitiate contact via e-mail.

4. Zero Return. Taxpayers enter allzeros on their federal income tax filingsand report their withholdings; they thenwrite "nunc pro tunc"-- Latin for "now forthen"--on the return.

5. Trust Misuse. Promoters urge tax-payers to transfer assets into trusts withpromises of reduced taxable income,deductions for personal expenses andlower estate or gift taxes. Currently over200 investigations are underway. 6. Frivolous Arguments. Examples: the16th Amendment concerning congres-sional power to lay and collect incometaxes was never ratified; wages are notincome; filing a return and paying taxesare voluntary; and being required to fileForm 1040 violates the 5th Amendmentright against self-incrimination or the 4thAmendment right to privacy.

7. Return Preparer Fraud. In fiscal

mary of real estate-related legislationpassed in the 2006 session of theMaryland General Assembly.

We will not hold a meeting in July orAugust (when our attendance thins dra-matically because of vacation schedules),and will resume meeting in September.

All meetings will be held on the 2ndTuesday of the month at 7:30a.m. atIHOP, 775 Rockville Pike (betweenWintergreen Shopping Center andCourtesy Jeep), Rockville, MD 20850.

Jerry R. O’Conor, Chair

TAXATION LAW SECTIONRECENT TAX INITIATIVES: May 10,2006Notice: IR-2006-28: Feb. 14, 2006: Theupdated estimate of the overall gross tax gapfor Tax Year 2001 is now $290 billion. Over80% is from underreported taxes. Since2001, the IRS increased its enforcement rev-enues from $33.8 billion in 2001 to $47.3billion in 2005. Further audits of taxpayersearning $100,000+ topped 221,000 in fiscalyear 2005. This is the highest number in thepast 10 years. Total audits of all taxpayerstopped 1.2 million in 2005, representing a20% increase from 2004.

And now…the most recent"Dirty Dozen" tax scams--

IR-2006-25, Feb. 7, 2006-1. Zero Wages. Taxpayer attaches

either a Form 4852 (Substitute Form W-2)or a "corrected" Form 1099 to his/her returnthat shows zero or little wages or otherincome; and may include statement of rebut-tal as to information submitted to the IRS.

DAVID HARRISON, INC.2% ~ SAVE YOUR CLIENT COMMISSION DOLLARS ~ 2%

• Our total charge to sell a house or condo is 2% if sold by our real estateoffice.

• If the house or condo is sold by another real estate office, throughmultiple listing, they get 2% and we get 2% for a total of 4%.

• We never charge transaction fees, processing fees or administrative fees.• Our four person staff holds open houses. We advertise all listings every

Sunday in The Washington Post.• All listings are posted with photographs on the GCAR multiple listing service.• Licensed since 1959 in Montgomery County and D.C. Member GCAR,

MRIS, NAR, MAA, NAREA, AAAA, NEA and BBB.

David R. Harrison Real Estate 301-258-9317

LAW OFFICES OF

COURTLAND K. TOWNSEND, JR.*************** 6804 COASTAL HIGHWAY

TOWNSEND TOWERS

OCEAN CITY, MARYLAND 21842

***************TWENTY-SIX YEARS

PREVIOUS PRACTICE IN

MONTGOMERY COUNTY, MARYLAND

*************** FAX: (410) 524-4953

TELEPHONE: (410) 524-4300

WHEN YOU CALL ONE OF OUR ADVERTISERS TO MAKE AN INQUIRY, TELL THEM WHERE YOU SAW THEIR AD.(Continued on following page)

year 2005, over 110 tax return preparerswere convicted. Nonetheless, regardlessof who prepares the return, the taxpayer isultimately responsible for its accuracy.

8. Credit Counseling Agencies. TheIRS Tax Exempt and GovernmentEntities Division is revoking the tax-exempt status of numerous credit coun-seling organizations operating under theguise of educating financially distressedconsumers while charging debtors largefees and providing little or no counseling.

9. Abuse of CharitableOrganizations and Deductions. Tax-exempt organizations are used to improp-erly shield income/assets from taxationwhile maintaining ultimate control.

10. Offshore Transactions. Hidingincome via bank/brokerage accounts,using offshore credit cards, wire trans-fers, foreign trusts, employee leasing, pri-vate annuities and life insurance.

11. Employment Tax Evasion.Improper worker-classification; double-dipping in reimbursement; in fiscal 2005,over 50 individuals were sentenced to anaverage of 30 months in prison.

12. "No Gain" Deduction.Deducting one's entire adjusted grossincome (AGI) on Schedule A under"Other Miscellaneous Deductions."

The Taxation Section meets the firstMonday of every month for a brown baglunch to discuss tax issues of interest toits members and to provide continuinglegal education for the benefit of mem-bers of the Bar Association. Any changesto the meetings of the Taxation Section

will be announced in the Newsletter. Ifyou have specific topics that you wouldlike to see covered in the newsletter,please call me at (301) 424-7585.

Chaya Kundra, Chair

WORKERS COMPENSATIONLAW SECTION

The latest news on workers' compensa-tion comes from the Maryland StateLegislature. There were many bills intro-duced in the legislature covering a widearray of topics including changing the defi-nition of an accidental injury, prohibiting allworkers' compensation benefits to undocu-mented workers, and prohibiting writtensolicitation to injured employees by attor-neys. Although there were 39 bills intro-duced dealing with workers' compensationissues, there were only four new laws enact-ed this session that directly affect workers'compensation cases. There is a potential fortwo or three other bills becoming law as theGovernor has until May 16, 2006 to sign allthe bills that passed in both houses of thelegislature. However, at the time of the writ-ing of this article, there are only four newlaws in the workers' compensation arena.

The first bill that passed in theLegislature changes the time period foran employer/insurer to contest a claim orbegin paying benefits. Now, the timeperiod is measured from the time that theWorkers' Compensation Commissionmails the notice of claim rather than fromthe time the claim is filed. The affect ofthis law is to give the employer more timeto consider contesting a claim.

PAGE 18

COMMITTEES & SECTIONSThe second bill that passed increases

the maximum limits on the amount that theWorkers' Compensation Commission mayassess governmental self-insurance groupsand self-insured employers for actuarialstudies and audits from $500 to $1,500.

The third bill that passed affects per-sons who volunteer in a civil emergencylike a catastrophic health emergency.Under the new law, anyone who volun-teers to assist the state when a state ofemergency is declared is covered by thestate for workers' compensation injuriesunless they have coverage elsewhere.

The final bill that passed affects onlypaid law enforcement employees of theDepartment of Natural Resources. Underthe current law, any of these employees whocontract Lyme disease are presumed to havecontracted the Lyme disease in the course ofhis/her employment. This law repeals therequirement that a paid law enforcementemployee of the Department of NaturalResources demonstrate that the employeereceived a specified Lyme disease vaccina-tion in order to qualify for a presumption ofa compensable occupational disease underworkers' compensation law.

The Workers' Compensation Sectionwill suspend meetings for the summermonths. In September, your new sectionchairs will be John Beamer from theMontgomery County Office of theCounty Attorney and Alan Gross fromthe law offices of Berman, Sobin &Gross. Mary and Wendy look forward toan exciting year under fresh leadership.

Mary Buonanno, Co-ChairWendy Karpel, Co-Chair

BAIL BONDS24 HOUR SERVICE

301-279-0757PANTAZES BAIL BONDS

77 South Washington StreetRockville, MD 20850

STEPHEN J. DUNNA T T O R N E Y A N D C O U N S E L O R A T L A W

Litigation experience representing Federal Civil ServantsTo include the following Federal Administrative Forums:U . S . M E R I T S Y S T E M S P R O T E C T I O N B O A R D

E Q U A L E M P L O Y M E N T O P P O R T U N I T Y C O M M I S S I O NF E D E R A L W O R K E R S C O M P E N S AT I O N ( O W C P )

S E C U R I T Y C L E A R A N C E A P P E A L S

7 4 0 0 Y O R K R O A D , S U I T E 3 0 5T O W S O N , M A R Y L A N D 2 1 2 0 4 - 7 5 0 2

T E L E P H O N E ( 4 1 0 ) 3 2 1 - 8 3 6 8F A X ( 4 1 0 ) 3 2 1 - 1 5 9 9

Email: [email protected] Webpage: www.sdunnlaw.com



In Goldberg v. Boone (Court ofSpecial Appeals, No. 558, SeptemberTerm 2004, 167 Md.App. 410, 893 A.2d625, Filed March 1, 2006), the Courtaffirmed a jury verdict for plaintiff in amedical malpractice case, but ordered anew trial as to damages. Plaintiff sus-tained a permanent brain injury followingsurgery. Plaintiff's claim was submittedto the jury on theories of negligence inperforming the surgery and failure toobtain informed consent.

There was sufficient evidence to jus-tify the finding of negligence. However,with regard to informed consent, therewas no duty requiring a surgeon who isotherwise competent to perform a proce-dure to advise the patient that there aremore experienced physicians available tooperate.

A new trial is required as to damages,because plaintiff's counsel inflamed thejury by suggesting that a neuropsycholo-gist called by defendant as an expert wit-ness regarding damages was willing toclaim that Lee Boyd Malvo (accused inthe local sniper cases) was not culpablefor the shootings. Although appropriatefor counsel to voir dire the expert as toissues that suggest he would minimize thedamages claimed by the plaintiff, counselcreated unfair prejudice in front of theMontgomery County jury by introducingthe expert's role in the sniper cases. Theappellate court concluded that the liabili-ty portion of the case does not have to bere-tried, since the expert's opinions wererelated only to damages. Defendant haspetitioned for cert. and plaintiff has cross-

petitioned. As we went to press thosepetitions had not been acted upon.

In Ward v. Hartley (Court of SpecialAppeals, No. 175, September Term 2005,Filed April 10, 2006), the Court affirmedthe trial court's grant of summary judg-ment in favor of defendant landlord in adog-bite case. The basis for the trialcourt's decision was that the landlord didnot have control over the portion of thepremises in which the tenant's pit bull bitthe plaintiff. There was not a scintilla ofevidence that the landlord knew or rea-sonably should have known that the doghad vicious propensities and thereforeconstituted a nuisance. The landlord doesnot have a duty to inspect the premises tosee if the tenant is maintaining a viciousanimal, nor was there any evidence that atthe time of signing the lease the landlordknew that a vicious animal was going tobe kept on the premises.

If you have any recent Marylanddecisions to submit to the Newsletter,please contact me at 301-933-4500 [email protected].

Marvin Waldman

NATIONAL INSTITUTE FORTRIAL ADVOCACYPRESENTS PROGRAMS

Mastery at taking and defending dep-ositions is the focus of the two-and-a-half-day MCLE program Taking andDefending Depositions being presentedby the NITA at Georgetown UniversityLaw Center, August 24-26, 2006.

This intensive program features spe-cific techniques to help attorneys mastermethods for: Preparing witnesses for dep-osition; Using NITA’s “funnel approach”which aids with development and execu-tion of questions to help attorneys gleancomplete information; Improving com-munication through the use of simple,clear speech; Creating a clear record ofthe deposition proceeding; Formulatingconcise answers; Focused listening;Making and dealing with objections;Using exhibits during the deposition; andExploring alternative case theories.

~Learn how to cultivate a powerful

presence in the courtroom and dramati-cally advance your litigation skills at theNITA’s Building Trial Skills program,August 18-23, 2006. Hosted at HofstraUniversity School of Law, this week-longprogram focuses on virtually every aspectof a trial. This hands-on, learning-by-doing program is instructed by a selectteam of NITA’s expert trainers. Focustopics include:

• Examination skills training:direct, redirect, and cross-examination,witness accreditation, impeachment, open-ended questioning techniques, and more.

• Evidentiary skills training: get-ting exhibits admitted, laying the founda-tion for admission, using exhibits to per-suade, and more.

• Expert testimony: expert credi-bility and accessibility, simplification ofexpert testimony, using the expert to fur-ther your case, and how to dispel theimportance of opposing expert testimony.

• Communication with the courtand jury: voir dire techniques to help youglean specific information, opening state-ments that demand attention, and closingstatements that grab juries.

For more information on either pro-gram, contact NITA at (800) 225-6482, orvisit the website at www.nita.org.

PAGE 19

PERSONAL INJURY APPELLATE DECISIONS


The deadline forsubmission of copy for thenewsletter is the 10th of the

month for the followingmonths’ issue.

During April, the following activitytook place in the Pro Bono Program:

Cases Closed - 178Opened Cases - 22Total Intakes - 163

Pending Cases to be referred - 8~

We wish to thank our "AttorneyHero's" for taking Pro Bono Cases intotheir offices:

April Pro Bono ReferralsCheryl Rose Jeffrey Barham Eva Y. Xu Robert J. Haeger

There were 4 Pro Bono casesreferred out in April.

The Board of Directors also wishesto thank the Child Custody Hero's whohave taken these very difficult casesunder the Child Custody Grant, whichallows $50.00 per hour up to $1,000. If

you would like to volunteer or need train-ing, please call Mary Kay Canarte at 301-762-5831.

April Contested Custody CasesMichael Grady John M. Green ** Charles S. Darby Jeffrey N. Markowicz ** Belinda Tilley ** Jules Brickers **Donna Rismiller Bonnie J. Montgomery Laura Moorer ** = 2

There were 13 Contested Custodycases referred out in April.

~Following are the attorneys who vol-

unteered in April at the Clinics. Onbehalf of the Board of Directors of theBar Foundation, we wish to thank all ofour “PRO BONO HERO'S.”

TESS CenterKen AuerbachChristina BallanceJeffrey BarhamJen ForquerRoger GoldenHarry LewisJay MarksJohn MarshallDavid VegaSury VepaCelene Coburn Wilson

Gilchrist CenterJay MarksLulit MillionKathleen MuldoonJacqueline NgolePatrick RonanCarol SchifterMike SubinDavid VegaLynette Whitfield

PAGE 20

PRO BONO


ALAN J. NUTAATTORNEY AT LAW

Social Security DisabilitySustaining Member,

National Organization ofSocial Security Claimants’

Representatives

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Member,Association of TrialLawyers of America,

Social Security DisabilityLaw Section

FREE INITIAL CONSULTATION

Gaithersburg GreenbeltFrederick Hagerstown

Westminster* 301-840-1500 *

www.SSBenefitsLawyer.com

PAGE 21

HEADINGMSBA BOARD OFGOVERNORS (to be installed 6/17/06)

Edward J. Gilliss, PresidentAlison L. Asti, President-ElectJohn P. Kudel, TreasurerKatherine K. Howard, SecretaryJ. Michael Conroy, Jr., Past PresidentRobert T. Gonzales, ABA State Delegate

2-Year Term MembersDouglas M. Bregman (301) 656-2707Maury S. Epner (301) 762-5212Hon. Mary Beth McCormick (301) 279-1551Thomas D. Murphy (301) 424-0400Steven G. Salant (240) 777-9042Harry C. Storm (301) 907-2817

1-Year Term MembersDeborah L. Webb (301) 657-0725Deane A. Shure (301) 762-8860

~ www.msba.org ~

ABA ETHICS COMMITTEEOPINION PROVIDESDETAILED GUIDANCE FORLAWYERS HANDLINGAGGREGATE SETTLEMENTS,AGREEMENTS

In a newly issued ethics opinion, theAmerican Bar Association StandingCommittee on Ethics and ProfessionalResponsibility provides detailed guidanceto help lawyers avoid conflicts of interestin making or accepting aggregate settle-ments or agreements.

Potential conflicts can arise in civilcases when a single lawyer represents mul-tiple parties in the same case, such as sever-al victims of a car accident, or individualparties with separate but related cases, aswith several persons who bought homesfrom the same builder and claim breach of

STATE & NATIONALwarranty, notes the opinion. Such situationsare governed by Rule 1.8(g) of the ABAModel Rules of Professional Conduct.

Ethics rules deter a lawyer with multi-ple clients from favoring one over anotherby requiring the lawyers to disclose to allclients information that is relevant to aproposed settlement. The new ethics opin-ion details categories of information thatmust be disclosed to all clients who wouldbe affected by the settlement:

• The total amount of the settle-ment or result of the agreement

• The existence and nature of allclaims, defenses or pleas involved

• Details of each client’s partici-pation in the aggregate settlement oragreement, whether by contribution topayment, share of receipts or resolutionof criminal charges

• Total fees and costs to be paid tothe lawyer as a result of the settlement,whether paid from proceeds of the settle-ment or by an opposing party or parties

• The method to be used to appor-tion costs among the parties

The opinion notes that all disclosuresmust be made in the context of a specificoffer or demand, as informed consent can-not be obtained in advance of formulatingthe offer or demand. In order to avoidfavoritism, all clients must agree, it adds.If any do not, the lawyer may be requiredto withdraw from representation of all.

Complying with Rule 1.8(g) protectsthe clients and the lawyer, and helpsassure finality and enforceability of theagreements, the opinion concludes.

The ABA Standing Committee onEthics and Professional Responsibilityperiodically issues ethics opinions for theguidance of lawyers, courts and the pub-lic interpreting and applying the ABAModel Rules of Professional Conduct tospecific issues of legal practice andclient-lawyer relationships.

Information regarding how to obtainthis and other ABA ethics opinions isavailable on the Center for ProfessionalResponsibility’s Web site,www.abanet.org/cpr/ethicopinions.html.Copies of ethics opinions may also beordered from the ABA Service Center at800/285-2221 or by e-mail [email protected]. To obtainthe opinion on aggregated settlements,ask for Opinion 06-438.


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CONGRATULATIONSStrickler, Sachitano & Hatfield, P.A., invit-ed mothers from a Kensington, MD non-prof-it organization, Crossway Community, Inc., tojoin them on May 12th, for a Mother’s Dayspruce-up at luxurious Toka Salon & Day Spa.The women enjoyed beauty treatments andchampagne. The firm supports CrosswayCommunity’s mission to provide an integratedarray of educational, training, employmentand housing programs to metro area familieswho have made the conscious decision tomake positive changes in their lives.Strickler, Sachitano & Hatfield, P.A., andfriends donated dozens of books this year, toTurning the Page, a Washington, DC-basededucational and literacy organization. Lastyear, the organization raised more than$43,000 through their 4th Annual “CarpeLibrum” used book sale in March 2005. Thisyear they expect to raise even more money forprograms during the three weeks of sales dur-ing May. Unsold books are donated to ele-mentary schools in Washington, DC.Three Paley Rothman attorneys selectedamong “Best Lawyers in America”–Steven A.Widdes, Co-Chair of the firm’s EstatePlanning and Estate & Trust Administrationpractice groups, was chosen for the secondconsecutive year. He is a Fellow of theAmerican College of Trust and EstateCounsel, and has been named among the lead-ing “Trusts & Estates” lawyers by both LegalTimes and Washingtonian in recent years.Hope B. Eastman chairs the EmploymentLaw practice group and has over 30 years ofexperience representing clients before theEEOC, the Department of Labor, other feder-al agencies and in federal and state courts.She is the president of the College of Labor &Employment Lawyers and the chair of theBoard of Directors of the AmericanEmployment Law Council. She was included

in last year’s Best Lawyers in America andwas also selected one of the top DC areaemployment lawyers by Washingtonian.Glenn M. Cooper is the manager and a seniormember of the firm’s Litigation, AppellatePractice and Family Law practice groups. Heis a past president of the Montgomery CountyBar Association and a former American BarAssociation delegate for the county. He is athree-time Washingtonian “Top Attorneys”selection.Montgomery County Bar Members James J.Gross and Michael F. Callahan have pub-lished a new book entitled “Money andDivorce.” They are partners in the law firm ofThyden, Gross & Callahan, 4601 WillardAve., Chevy Chase, MD 20815.

LEGAL ANNOUNCEMENTSAin & Bank, P.C. is pleased to announce thatRobert M. Gottschalk and Julie C. Gerockhave joined the firm as Associates. Mr.Gottschalk has worked on a broad range ofcomplex litigation matters. He received hisJD with Distinction from the Iowa College ofLaw and his undergraduate degree from theUniversity of Northern Iowa. He will focushis practice on family law matters in the DCand Maryland. Ms. Gerock is a former partnerin a law firm in North Carolina with signifi-cant experience negotiating and litigatingfamily law matters. She received her J.D.from Boston College Law School and herundergraduate degree from the University ofMiami. She will focus her practice on familylaw matters in DC and VA. The firm is locat-ed at 1900 M St., NW, Suite 600, Washington,DC 20036.Andalman & Flynn, P.C. is pleased toannounce that Daniel A. Katz, former SeniorAssociate, has become a principal of the firm.Mr. Katz, who is bilingual in English andSpanish, has been associated with the firm

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WHAT’S NEW ...since its inception in June 1998. He graduat-ed summa cum laude from the District ofColumbia School of Law in 1994. Beforejoining the firm, Mr. Katz clerked at theDistrict of Columbia Court of Appeals. Hewill continue to practice employmentlaw–including wage and hour, discrimination,and wrongful termination claims–serious per-sonal injury matters, and general civil litiga-tion.Lerch, Early & Brewer, Chartered ispleased to announce that Alison W. Rind hasbeen elected as a principal of the firm and thatJeremy M. Tucker and Vicki R. Canaleshave joined as associates of the firm. Ms.Rind will continue to practice in the areas ofcommercial lending and real estate transac-tions. Mr. Tucker will practice in the area ofcommunity associations. Ms. Canales willpractice in the areas of commercial lendingand real estate transactions.Maxwell & Barke, LLC is pleased and proudto welcome Joel R. Zuckerman. He was rec-ognized by Washingtonian Magazine as one ofthe area’s “Top Lawyers” and will continue toconcentrate on matters pertaining to theAmericans with Disabilities Act and theIndividuals with Disabilities EducationImprovement Act, representing individuals,organizations and businesses in connectionwith access to public accommodations andemployment issues.The Law Office of Scott A. Morrison, P.A.is pleased to announce the relocation of itsoffice to 141 West Patrick St., Suite 300,Frederick, MD 21701, tel.: (301) 694-6262.James E. Rubin is pleased to announcethe opening of his law firm, TheRubin Employment Law Group, PC at 11North Washington St., Suite 520, Rockville, MD20850, tel.: (301) 760-7914, fax: (301) 760-7234, email: [email protected],website: rubinemploymentlaw.com.Edythe Chasen Schneider and William C.Planta are very pleased to announce the merg-er of their practices and the formation ofSchneider & Planta LLC. The new firm islocated at 1717 Elton Rd., Suite 215, SilverSpring, MD 20903, tel.: (301) 431-0722, fax:(301) 431-0755. Ms. Schneider and Mr.Planta shall continue to concentrate their prac-tice in all aspects of family law and mediation.Ms. Schneider and Mr. Planta shall also con-tinue to practice in all MD counties as well asin DC.Strickler, Sachitano & Hatfield, P.A., isproud to announce that Jennifer A. Forquerhas become a Partner in the firm and Jill B.Savedoff has joined the firm as an Associate.Ms. Forquer practices family law litigationincluding custody, property division, spousalsupport, child support and issues surroundingthe division of government and private retire-ment benefits. She received her J.D. degreecum laude from the Seattle University School

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of Law in Seattle, WA in 1995, and her under-graduate degree from Pennsylvania StateUniversity in 1989. Ms. Savedoff will focuson family law litigation including matters ofdivorce, custody and support. She receivedher J.D. from American University,Washington College of Law in Washington,DC.Shulman, Rogers, Gandal, Pordy & Ecker,P.A. is pleased to announce that Jeremy W.Schulman, William F. Askinazi, MatthewM. Moore and Jeannie E. Cho have becomeshareholders in the Firm. They are also proudto announce that Kristen Munger, Leslie E.Gallagher and Chanoch D. Kanovsky havejoined the firm’s Commercial Litigationdepartment and that Michael T. Ebaugh hasjoined the firms Corporate department andthat Matthew D. Alegi, Joann J. Wang,Christopher W. Poverman and Melanie A.Keegan have joined the firms Real EstateTransactions department and that Anne MarieVassallo has joined the firm’s Land Use andZoning department.

RENT/LEASEBETHESDA/CHEVY CHASE – Two spa-cious, attractive windowed offices availablefor sublet at prime Connecticut Ave. location,less than a mile from beltway. Space availablefor staff. Quiet, ground floor of Class A build-ing. Easy access and convenient parking forclients. Conference room, kitchen, all ameni-ties. Call Anne DeNovo at (301) 654-1200.BETHESDA – 2 blocks from metro in firstclass office building in shared suite with 3 lawfirms. “Plug in and practice.” Up to 3 win-dowed offices and secretarial stations avail-able immediately. Amenities include tele-phone system/conference room/copier/kit-chen. Contact [email protected] – New building in excellentlocation within 2 blocks of the Bethesda Northand with underground parking available. Twolarge and one small windowed offices avail-able on top floor in suite of attorneys–rent oneor more offices. All amenities availableincluding reception, three conference rooms,kitchen, faxes, copiers, etc. Onesecretarial/paralegal workstation also avail-able for rent. Call Gail Goodfellow at (301)986-9600.BETHESDA – 2 offices available to rent tosolos or small firms. We have a very amicablemulti-lawyer (and multi-practice) suite at4550 Montgomery Ave., in the North AirRights Building, 1 block from Metro, acrossthe street from the large public parkinggarage. All the usual amenities (high-speedinternet access, Lexis, parking, kitchen,library, reception, four recently renovated con-ference rooms, etc.) are available, as well assecretarial/paralegal workstations. Definiteopportunity for cross-referrals. “Virtual”office arrangement is also available. Contact

Norman at (301) 961-6464 (x3302) or [email protected] or Marc at (301)961-6464 (x3313) or [email protected] – Windowed office with secre-tarial area, use of reception area; use of copier,fax, phone system in beautiful building nearMetro. Call Nick Dale at (301) 907-7490.CHEVY CHASE – Large, windowed, profes-sional office in law firm suite on 11th floor ofChevy Chase Building, 5530 Wisconsin Ave.Semi-furnished, if desired. Use of 2 confer-ence rooms, reception, kitchen, photocopy,telephone system and fax facilities.Reasonable. Call (301) 951-0270.GAITHERSBURG – Free office inGaithersburg for solo practitioner in exchangefor a few hours of work. Additional overflowwork available (civil collections, subdivisioncovenant issues and litigation) for pay.Associate relationship possible. Variousamenities included (fax, phone, copier, etc.).Call Mr. Andrews at (240) 328-1600 or faxresume to (240) 328-1605.GAITHERSBURG – Space available in lawoffice. Receptionist, copier, fax, voice mail,conference room included. DSL available.Desirable location on Route 355.$750/month. Call Stephen Allen at (301) 987-2002.GREENBELT – Windowed, professional,fully furnished office available to share withsmall firm in Maryland Trade Center 1, withplenty of free parking. Full amenities (2 con-ference rooms, reception room, law library,copier, fax, DSL and kitchen) with use ofreceptionist. Easy access to all majorhighways (495, 95 and 295). [email protected] or (301) 220-3111.ROCKVILLE – Convenient Historic loca-tion. 500-700 sq. ft. 1 or 2 year lease (with 90day notice) available. Contact Ron West at(301) 424-2361 if interested.

ROCKVILLE – Furnished windowed officewith secretarial area. 2 blocks from court-house. Use of conference room, library, copi-er and spacious client waiting area. Free park-ing. Call (301) 762-1696 or [email protected] – Office in historic buildingclose to court, metro; many amenities forcompatible attorney. Call (301) 251-9200.ROCKVILLE – Office on ground floor withuse of conference room, library and kitch-enette. Secretarial space also available. Fax,copier with sorter available. Free parking.Conveniently located near Shady Grove/I-270. Call (301) 309-3680.ROCKVILLE – One block to Courthouse &Metro, 200A Monroe St. Office space withwindow. Amenities include DSL, onlineresearch, copier/fax and conferenceroom/library. Free parking. Please call JoAnn at (301) 762-1400.ROCKVILLE – One or 2 windowed office(s)in bright penthouse suite with terrace.Premium office building, one block fromcourt and metro. Secretarial space, reception,fax, copier, conference room, and kitchen.Indoor parking available. Spectacular views.Available immediately. Call (301) 340-3003.ROCKVILLE – One windowed office avail-able immediately in 4-attorney suite at 110North Washington St. Two blocks fromCourthouses; short walk to Metro. Use ofreceptionist with phone answering included;secretarial services negotiable if needed. Useof reception area, conference room, copier,fax, kitchen included. Ample free parking forclients. Indoor garage or outdoor parkingdeck available for tenant. Please call SteveGalfond at (301) 424-1494.ROCKVILLE – Several window offices forrent in bright, quiet, cathedral ceiling

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WHAT’S NEW ...


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Rockville townhouse. Use of conferencerooms, library, kitchen and spacious clientwaiting areas. Plenty of free parking.Feed/sort copies available. Short walk toCircuit and District Court. Practice law com-fortably. Call (301) 251-1600.ROCKVILLE – Several windowed officesavailable in professionally decorated, 8-floorsuite with commanding views. Offices avail-able at One Church St. and are a 2-minutewalk from Circuit/District Court. Office rentincludes conference rooms, library, kitchen,wireless internet service and unfallibly amus-ing office banter which is purposefully apolit-ical. Secretarial space and underground park-ing available. Call (301) 251-9161 or (301)294-7081.ROCKVILLE – Top-tier Office Space–Three executive windowed offices (each 16’ x10’ or larger) available in new upscale build-ing. Perfect for small law firm or sole practi-tioners. Includes shared access to conferenceroom, work room with high-speed color copi-er, fax, and upscale kitchen. Free coffee, fil-tered water and soda available. Includes tele-phone equipment, high-speed internet accessand Comcast TV. Covered parking also avail-able. Renting unfurnished or furnished uponrequest. Conveniently located at 11 NorthWashington St.–across from MontgomeryCounty Courthouse. Walking distance toRockville Metro rail, MARC rail, restaurantsand shops. Contact Bob Wrightson at (301)417-1063 or Andy Shulman at (301) 417-2558.ROCKVILLE – 600 Jefferson Plaza (atintersection of Rockville Pike/Viers MillRd.). Two blocks from Metro. Great loca-tion and glass office building. One to 2 win-dowed offices to sublet. Amenities includeuse of reception area, conference room,kitchen, copier with scanning, and fax.Secure underground parking available.Referral work possible in

Family/Criminal/Employment. Firm prac-tices in immigration/nationality law. Call(301) 424-6368 for floor plan and more info.SILVER SPRING – Share a satellite officelocated on the corner of Georgia Ave. andCameron St., next to the old Silver SpringDistrict Court building. $150/month. Faxrequirements for use and areas of practice to(301) 987-2487.SILVER SPRING – Windowed office forrent in Downtown Silver Spring law office.Call (301) 587-1000.SILVER SPRING/WHITE OAK AREA – 3to 4 offices available to rent to appropriatesolos or small firms. Amenities availableinclude: library/conference room, kitchen,large reception area, 2-3 secretarial/paralegalworkstations, copiers, fax, file storage area,telephone (with voicemail) and parking.Available immediately. Call (301) 681-7400.

ATTORNEY OPPORTUNITIESASSISTANT BAR COUNSEL – TheAttorney Grievance Commission of Marylandis accepting applications from members of theMaryland Bar for the position of Assistant BarCounsel. Duties consist of screening of disci-plinary complaints, presenting complaintsbefore Peer Review bodies, litigation beforecircuit courts, arguments before the Court ofAppeals of Maryland, and other duties asdirected by Bar Counsel. The applicant mustbe able to manage a substantial case load andbe an experienced litigator. Applicant must beable to speak and read Spanish fluently. Anyapplicant, if selected, must submit to a back-ground check. There is a 120-day probation-ary period. Starting yearly salary is $50,405.Benefits include medical insurance and pen-sion plan. To obtain an application form callDebra Zachary, Office Manager at (410) 514-7064 or 1-800-492-1660. Applications mustbe received no later than 6/2/06. Applicantmust have been admitted to the Maryland Bar

for at least 5 years and have engaged in activetrial work for 5 years. EOE.ASSOCIATE – AV-Rated firm seeksAssociate with 1-3 years experience inGeneral Litigation, Family Law and RealEstate or Probate Law. Fax cover letter,resume and salary requirements to (301) 681-0879.ASSOCIATE – Small AV rated estate plan-ning/probate/business firm in Bethesda look-ing for an attorney with 1-3 years, or more,legal experience and good client skills.Opportunity for growth within the firm. Idealcandidate will have business or employmentbackground, as well as an interest or experi-ence with estate planning and probate. Parttime considered as well. Please send coverletter, resume and writing samples, in strictconfidence by email [email protected], by fax to (301)469-3325 or by mail to 4550 MontgomeryAve., Suite 601N, Bethesda, MD 20814.BUSINESS AND TAX ATTORNEY –Unique Business Opportunity – Joseph,Greenwald and Laake, P.A. is looking toexpand and support its business and taxdepartment. The firm, which has been locatedin Price Georges County for more than 35years, has recently opened satellite offices inMontgomery and Calvert Counties. This is aunique opportunity for an experienced lawyerto mesh an existing practice with one of thefinest and most respected law firms in theState. If interested, contact David Bulitt at(301) 220-2200 or email [email protected] inquiries will be confidential.BUSINESS/TRANSACTION LAW ASSO-CIATE – Samek, McMillan & Metro, a grow-ing Rockville firm, has an immediate openingfor a 3-5 year associate in business/transactionlaw. Excellent writing and communicationskills required. Experience in entity forma-tion, shareholder agreements and other com-mercial documents preferred. Financial back-

PAGE 24

WHAT’S NEW ...



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PAGE 25

WHAT’S NEW ...ground and computer skills a plus. Wonderfullearning and growing opportunity for the rightcandidate. Qualified applicants only shouldfax resume and writing samples to (301) 251-0447.EMPLOYMENT LAW ASSOCIATE –Well-known extremely busy AV-ratedemployment law firm in Rockville, MD(near Metro) seeking 3-5 year FT associate.Must be a member of Maryland and DCBars. VA Bar a plus. Send resume and writ-ing sample to: Farber Legal, LLC, Attn:Nona Minton, Executive Assistant, 11300Rockville Pike, Suite 808, Rockville, MD20850.LITIGATION ASSOCIATE – Law Officesof Cheryl Lynn Hepfer, an AV ratedRockville family law firm, has an immediateopening for a litigation associate. Ideal can-didate will have prior litigation experience.Excellent opportunity in a fast paced envi-ronment with significant client contact andcourt opportunities. Ideal candidate shouldbe detail oriented, self-directed, highly moti-vated, and shall possess strong written andoral communication skills. Maryland Barrequired. Please send letter of interest andresume to [email protected] or fax to (301)294-2270.TRANSACTIONAL ASSOCIATE – SmallBethesda AV rated firm w/fast paced, grow-ing real estate/lending/business/tax/transac-tional practice has opening/unique opportu-nity for a transactional real estate attorneyw/4-8 yrs. experience. Real estate, tax, busi-ness and/or CPA experience a plus. Pleasesend resume w/cover letter expressing long-term interests and salary requirements toWertheimer & Kipnis, LLC, 7700 OldGeorgetown Rd., Suite 500, Bethesda, MD20814; by fax to (240) 235-4223, or by emailto [email protected]. All responsesheld in strict confidence.

ADVERTISERS INDEXAttic to Basement Estate Cleanouts . . . .23Automated Retirement Plans, Inc. . . . . . .3Paul J. Benkert, Jr., Esquire . . . . . . . . . .10Circle Treatment Center . . . . . . . . . . . . .22

www.circletreatment.comStephen J. Dunn, Esquire . . . . . . . . . . . .18

www.sdunnlaw.comEagleBank . . . . . . . . . . . . . . . . . . . . . . . . .8

eaglebankmd.comRichard Edelman . . . . . . . . . . . . . . . . . . .11

www.economic-analysis.comElkind & Shea . . . . . . . . . . . . . . . . . . . . .15

www.disabilitybenefitslawfirm.comHair, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . .4David Harrison . . . . . . . . . . . . . . . . . .5, 17

www.marylandappraiser.comPatrick Hoover Law Offices . . . . . . . . . .25

www.hooverlaw.comInterSpanish Communications . . . . . . . .12Michael L. Kabik, Esquire . . . . . . . . . . .19

www.srgpe.com/immigration.htmlLuxenberg, Johnson & Dickens, PC . . .24Maxwell & Barke, LLC . . . . . . . . . . . . . .7Metro Counseling Services, Inc. . . . . . . .21

www.metrocounselingservices.comMetropolitan Process Services . . . . . . . .10

www.metroprocess24.comMiller, Miller & Canby . . . . . . . . . . . . . .6

www.mmcanby.comMontgomery County Sentinel . . . . . . . . .9

www.thesentinel.comAlan J. Nuta, Esquire . . . . . . . . . . . . . . .20

www.SSBenefitsLawyer.comOxley & Goldburn Insurance . . . . . . . . .13

www.oxley-goldburn.comPantazes Bail Bonds . . . . . . . . . . . . . . . .18Professional Process Serving, Inc. . . . .21Pushkin & Pushkin . . . . . . . . . . . . . . . . .10Risk Management Group . . . . . . . . . . .13

www.divorce-and-money.comRossmann - Hurt - Hoffman, Inc. . . . . .16

www.rhhinsurance.comSandy Spring Bank . . . . . . . . . . . . . . . . .24Alan B. Sternstein, Esquire . . . . . . . . . .13

www.srgpe.comStorage Village . . . . . . . . . . . . . . . . . . . . .20

www.storagevillage.netCourtland K. Townsend, Jr., Esquire . .17YellowWood Financial Advisors, Inc. . .15

www.ywfa.comAlan S. Zipp, Esquire . . . . . . . . . . . . . . .14

Anthony D. Arnold, One Research Ct.,Suite 450, Rockville, MD 20852, tel.:(301) 519-8024; fax: (301) 576-8888;email: [email protected]

K. Michelle Gable, 311 Pinewood Ave.,Silver Spring, MD 20901, tel.: (301) 358-2121; fax: (301) 768-4501; email:[email protected]

David J. Lacki, 2 Wisconsin Circle, Suite700, Chevy Chase, MD 20815-7007, tel.:(240) 235-5020; fax: (240) 235-5025;email: [email protected]

Nicholas C. Minshew, 16061 ComprintCircle, Gaithersburg, MD 20877-1321, tel.:(301) 869-1700; fax: (301) 926-7844;email: [email protected]

Andrew J. Perlmutter, 8403 ColesvilleRd., Suite 610, Silver Spring, MD 20910,tel.: (301) 587-6364; fax: (301) 587-6308

Carol S. Rubin, 6611 Kenilworth Ave.,Suite 403, Riverdale, MD 20737, tel.:(301) 454-1670; fax: (301) 454-1674;email: [email protected]

Alfred M. Wurglitz, 11 North WashingtonSt., Suite 700, Rockville, MD 20850-4229,tel.: (301) 762-1600; fax: (301) 762-0363;email: [email protected]

NEW MEMBERS


~Please make our new members

feel welcome~

PAGE 26

STATE’S ATTORNEY’S ASSIGNMENTSOffice of the State’s Attorney for Montgomery County

Court Assignments for the Month of June

PAGE 27

JUDGES SCHEDULES

Newsletter of theBAR ASSOCIATION OF MONTGOMERY COUNTY, MARYLAND27 West Jefferson Street, Rockville, Maryland 20850-4200

PeriodicalsPostagePAID

atRockville, MD

Calendar☺ Bar Office Conference Room CLE Classroom

See Committee/Section Pages for Location / CLE Seminar–Call (301) 340-2534 to Register

JUNE9 7:45a.m. ☺ Foundation Board of Directors12 5:00p.m. ☺ Executive Committee Meeting13 7:30a.m. Real Estate Section

4:30p.m. ☺ Legal Ethics Committee Meeting14 12:30p.m. CINA Bench Bar Meeting14-17 MSBA Annual Meeting–Ocean City16 MSBA Solo Day–1-Day Registration

See website at www.msba.org20 7:30p.m. Law School for the Public Taping22 8:00a.m. Commercial Litigation Section Mtg.27 7:45a.m. Committee Orientation

5:00p.m. Section Orientation

JULY4 Holiday ~ BarAssociation Offices Closed10 5:00p.m. ☺ Executive Committee Meeting20 12:30p.m. DELQ Bench Bar

5:30p.m. Sobeloff Jewish Law Society BBQ22 MSBA Crab Feast –

YMCA Camp Letts,Edgewater, MD

Documents

THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD … · (301) 896-0600 & Eric J. Von Vorys, Co-Chair – (301) 239-5242 Juvenile Law – VACANT, Co-Chair – & VACANT, Co-Chair –