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THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD 27 West Jefferson St., Rockville, MD 20850-4200 Telephone: (301) 424-3454 Fax: (301) 217-9327 Web Site: http://www.montbar.org — E-mail: [email protected] Volume 54, Issue 8 February 2007 N EWSLETTE R PRESIDENT’S MESSAGE Rule 1.15 Attorney Escrow Accounts. Every member of this association owes a debt of gratitude to Jeff Axelson and the very hardworking members of the Legal Ethics Committee. Since first being placed on notice of the proposed rule changes in a letter from Judge Harrell of the Court of Appeals in October, this committee has met numerous times to study and review the proposed rule changes to this rule which essentially deals with the safekeeping of client's property, primarily attorney escrow accounts. This committee studied comparable rules in virtually every other jurisdiction, and analyzed the practical problems that the suggested rule would have on practitioners, both large firms or BAMC ANNUAL ASSOCIATION ELECTION NOTIFICATION In compliance with Article VII of the Bar Association Constitution, the membership is hereby notified that a General Election for new Officers and Executive Committee will be conducted. Anyone interested in being considered, please write to James J. Debelius, Chair, Nominations & Elections Committee, Bar Association of Montgomery County, Maryland, 27 West Jefferson St., Rockville, MD 20850-4200 by February 7, 2006. Schedule Jan. 18, 2007, 5:30p.m. Committee Meeting Feb. 1, 2007, 5:30p.m. Committee Meeting Feb. 15, 2007, 5:30p.m. Committee Meeting Feb. 23, 2007 Slate printed in newsletter with invitation for petition Mar. 14, 2007 Petition Deadline Mar. 21, 2007 Ballots Mailed Apr. 18, 2007, 4:00p.m. Committee Meeting to count ballots May 4, 2007 Announcement of Results at the Annual Meeting PUBLIC SCHOOL SPEAKERS Anyone who would like to assist with Montgomery County Public School presentations for elementary, middle school and high schools on a variety of topics involving the legal profession should contact me at 301-610-9797 or [email protected]. Your help and ideas for a fun and educational experi- ence working with students would be greatly appreciated. Rene Sandler, Esquire MARK YOUR CALENDARS ... NEW ADMITTEE COURTHOUSE TOUR AND RECEPTION Wednesday, March 14, 2007 4:00p.m. – Tour 5:00p.m. – Reception (Continued on page 4) Monthly Bar Luncheon Schedule February 6, 2007 Speaker: John J. McCarthy, State’s Attorney for Montgomery County March 6, 2007 April 17, 2007 12:15p.m. - 1:00p.m. Rockville United Methodist Church 112 West Montgomery Ave. Rockville, MD 20850 FAX BACK TO (301) 424-6724 OR E-MAILYOUR PREFERENCE TO [email protected] ~ VOLUNTEER/CONTRIBUTION FOR PRO BONO ~ In conjunction with Rule 6.1, I wish to contribute time and/or money to the Mo.ntgomery County, Maryland, Bar Foundation Pro Bono Program. I wish to donate: Time in the following areas of law: ________________________________ Time to the Evening Legal Clinics (6:30p.m.-8:30p.m.) ________________ I wish to donate funds and enclose $________ Credit Card #: _________________________________________ Exp. Date ____________ (CIRCLE ONE) VISA or MC Name: _______________________________________________________ Address: ___________________________________________________________ Phone: ________________________________ Fax: _________________________________ Email: _________________________________ The Montgomery County, Maryland Bar Foundation is a 501(c)(3) tax exempt organization and contributions are tax deductible under Section 170 of the Internal Revenue Code. NEW BAR ST AFF EMAIL ADDRESSES ... SEE P AGE 2 MSBA BOARD OF GOVERNORS IN 2007 Nomination petitions must be filed with the MSBA Executive Director no later than 5:00 p.m., Monday, February 13, 2007. Nomination petitions may be picked up or faxed to you from your Montgomery County Bar. Call Tessy at (301) 424-7040. (See page 21for more information). PRINCE GEORGES COUNTY BAR ASSOCIATION, J. FRANKLN BOURNE BAR ASSOCIATION AND BAR ASSOCIATION OF MONTGOMERY COUNTY TO SPONSOR JOINT MEETING Tuesday, February 13, 2007 U.S. District Court for the District of Maryland In Honor of Black History Month ... We Proudly Present The Buffalo Soldiers CLE Presentation: 5:30p.m. Dinner: 6:30p.m. Program: 7:00-9:00p.m. For pricing and RSVP information, please visit our website, www.montbar.org. LAW PRACTICE MANAGEMENT SECTION MEETING Joel Rose, national speaker, will present "Techniques for Maintaining a Collegial, Cooperative Firm Atmosphere and Concurrently Making Partners Accountable for their Actions/Inaction" on Thursday, February 15, 2007 at 8:00 a.m. at Shulman, Rogers, Gandal, Pordy & Ecker, 11921 Rockville Pike, 4th floor. RSVP to Donna Olenick at [email protected] or 301-230-5200, x5515. David A. Pordy, Chairman

THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD …€¦ · CLE Presentation: 5:30p.m. Dinner: 6:30p.m. Program: 7:00-9:00p.m. For pricing and RSVPinformation, please visit our website,

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Page 1: THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD …€¦ · CLE Presentation: 5:30p.m. Dinner: 6:30p.m. Program: 7:00-9:00p.m. For pricing and RSVPinformation, please visit our website,

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 8 February 2007

NEWSLETTERPRESIDENT’S MESSAGE

Rule 1.15 AttorneyEscrow Accounts.Every member of thisassociation owes a debtof gratitude to JeffAxelson and the veryhardworking membersof the Legal EthicsCommittee. Since firstbeing placed on notice ofthe proposed rule

changes in a letter from Judge Harrell of theCourt of Appeals in October, this committeehas met numerous times to study and reviewthe proposed rule changes to this rule whichessentially deals with the safekeeping of client'sproperty, primarily attorney escrow accounts.This committee studied comparable rules invirtually every other jurisdiction, and analyzedthe practical problems that the suggested rulewould have on practitioners, both large firms or

BAMC ANNUALASSOCIATION ELECTIONNOTIFICATION

In compliance with Article VII of the BarAssociation Constitution, the membership ishereby notified that a General Election fornew Officers and Executive Committee willbe conducted. Anyone interested in beingconsidered, please write to James J. Debelius,Chair, Nominations & Elections Committee,Bar Association of Montgomery County,Maryland, 27 West Jefferson St., Rockville,MD 20850-4200 by February 7, 2006.

ScheduleJan. 18, 2007, 5:30p.m. Committee MeetingFeb. 1, 2007, 5:30p.m. Committee MeetingFeb. 15, 2007, 5:30p.m. Committee MeetingFeb. 23, 2007 Slate printed in newsletter

with invitation for petitionMar. 14, 2007 Petition DeadlineMar. 21, 2007 Ballots MailedApr. 18, 2007, 4:00p.m. Committee Meeting to

count ballotsMay 4, 2007 Announcement of Results

at the Annual Meeting

PUBLIC SCHOOL SPEAKERSAnyone who would like to assist

with Montgomery County Public Schoolpresentations for elementary, middleschool and high schools on a variety oftopics involving the legal professionshould contact me at 301-610-9797 [email protected]. Your help andideas for a fun and educational experi-ence working with students would begreatly appreciated.

Rene Sandler, Esquire

MARK YOUR CALENDARS ...NEW ADMITTEECOURTHOUSE TOUR ANDRECEPTION

Wednesday, March 14, 20074:00p.m. – Tour

5:00p.m. – Reception(Continued on page 4)

Monthly Bar LuncheonSchedule

February 6, 2007Speaker: John J. McCarthy, State’s Attorney

for Montgomery CountyMarch 6, 2007 April 17, 2007

12:15p.m. - 1:00p.m.Rockville United Methodist Church

112 West Montgomery Ave.Rockville, MD 20850

FAX BACK TO (301) 424-6724 OR E-MAIL YOUR PREFERENCE TO [email protected]

~ VOLUNTEER/CONTRIBUTION FOR PRO BONO ~In conjunction with Rule 6.1, I wish to contribute time and/or money to the Mo.ntgomery County, Maryland, Bar Foundation Pro Bono Program.

I wish to donate:Time in the following areas of law: ________________________________ Time to the Evening Legal Clinics (6:30p.m.-8:30p.m.) ________________I wish to donate funds and enclose $________ Credit Card #: _________________________________________ Exp. Date ____________

(CIRCLE ONE) VISA or MCName: _______________________________________________________ Address: ___________________________________________________________

Phone: ________________________________ Fax: _________________________________ Email: _________________________________The Montgomery County, Maryland Bar Foundation is a 501(c)(3) tax exempt organization and contributions are tax deductible under

Section 170 of the Internal Revenue Code.

NEW BAR STAFF EMAIL ADDRESSES ... SEE PAGE 2

MSBA BOARD OF GOVERNORSIN 2007

Nomination petitions must be filed withthe MSBA Executive Director no later than5:00 p.m., Monday, February 13, 2007.

Nomination petitions may be picked up orfaxed to you from your Montgomery CountyBar. Call Tessy at (301) 424-7040. (See page21for more information).

PRINCE GEORGES COUNTYBAR ASSOCIATION, J. FRANKLNBOURNE BAR ASSOCIATIONAND BAR ASSOCIATION OFMONTGOMERY COUNTY TOSPONSOR JOINT MEETING

Tuesday, February 13, 2007U.S. District Court for the District of Maryland

In Honor of Black History Month ...We Proudly PresentThe Buffalo Soldiers

CLE Presentation: 5:30p.m.Dinner: 6:30p.m.Program: 7:00-9:00p.m.

For pricing and RSVP information, pleasevisit our website, www.montbar.org.

LAW PRACTICE MANAGEMENT SECTION MEETINGJoel Rose, national speaker, will present "Techniques for Maintaining a Collegial,

Cooperative Firm Atmosphere and Concurrently Making Partners Accountable for theirActions/Inaction" on Thursday, February 15, 2007 at 8:00 a.m. at Shulman, Rogers, Gandal,Pordy & Ecker, 11921 Rockville Pike, 4th floor. RSVP to Donna Olenick [email protected] or 301-230-5200, x5515.

David A. Pordy, Chairman

Page 2: THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD …€¦ · CLE Presentation: 5:30p.m. Dinner: 6:30p.m. Program: 7:00-9:00p.m. For pricing and RSVPinformation, please visit our website,

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 – Jennifer A. Forquer, Chair – (301) 657-8805Bench/Bar-District Court – John P. Kudel, Chair – (301) 762-3770 &

Rajita M. Andrews, Vice Chair – (301) 762-7770Courthouse Construction – Robert H. Metz, Co-Chair – (301) 961-5112 &

Steven Van Grack, Co-Chair – (301) 738-7671Fee Dispute Resolution – Ronald S. Canter, Co-Chair – (240) 386-3000,

HelenKay Dimon, Co-Chair –(301) 340-9090 &David L. Rubino, Co-Chair – (301) 762-7770

Interprofessional – Jeffrey Fenster, Co-Chair – (301) 838-3229 &H. Patrick Donohue, Co-Chair – (301) 251-0440

Judicial Selections – Thomas D. Murphy, Chair – (301) 424-0400Deborah E. Reiser, Vice Chair – (301) 961-6094

Lawyer to Lawyer – Barbara R. Graham, Chair – (301) 294-3467 &F. Patrick Kelly, Vice Chair – (301) 279-5600

Lawyer Referral –Gregory E. Flynn, Chair – (301) 340-2020 &Jeffrey VanGrack, Vice Chair - (301) 657-0159

Legal Ethics – Jeffrey M. Axelson, Co-Chair – (301) 738-7650 &Samuel M. Shapiro, Co-Chair – (301) 340-1333

Long Range Planning – Jeffrey M. Axelson, Co-Chair – (301) 738-7650 &Laurie E. Cleary, Co-Chair – (301) 657-0176 &David W. Lease, Co-Chair – (301) 838-8950

Nominations & Elections – James J. Debelius, Chair – (301) 840-2232Personnel Transition – David S. De Jong, Chair – (301) 838-3204Professionalism & The Quality of Life - Karen L. Federman-Henry, Chair –

(240) 777-6761 & Steven M. Selzer, Vice Chair – (301) 251-1590Designated Conciliator Program – James M. Brault, Chair –

(301) 424-1060Social – Patricia M. Weaver, Co-Chair – (301) 951-9360 &

Millard S. Bennett, Co-Chair – (301) 838-3203Technology – Jonathan R. Bromberg, Chair – (301) 251-6200Unauthorized 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) 588-5390Business Law – James L. Parsons, Jr., Co-Chair – (301) 424-5100 &

David P. Shapiro, Co-Chair – (301) 968-1644Commercial Litigation – J. Bradford McCullough, Co-Chair – (301) 657-0734

& 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 – Charles F. Chester, Co-Chair – (301) 294-2500 &

VACANT, Co-Chair – Health Law – Randi Kopf, Co-Chair – (301) 762-3770 &

Jayson Slotnik, Co-Chair – (301) 649-0626Immigration – Jinhee K. Wilde, Chair – (202) 328-1000 Intellectual Property & Technology – Jeffrey I. Auerbach, Co-Chair –

(301) 896-0600 & Eric J. Von Vorys, Co-Chair – (301) 230-5242Juvenile Law – Neil I. Jacobs, Chair – (301) 762-9200Law 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 – Monica G. Harms, Chair – (301) 838-3230Personal 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 – Alan S. Zipp, Chair – (301) 340-0084Telecommunications – 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, 2006)President: Paul F. Kemp Treasurer: Richard S. StolkerPresident-Elect: John C. Monahan Assistant Treasurer: Robert B. HetheringtonPast President: John J. McCarthyDIRECTORSJames M. Brault Eric M. Johnson Robert C. ParkDouglas M. Bregman John P. Kudel Linda D. SchwartzEun (Jeannie) K. Cho Susan S. Magazine Deane A. ShureCharles B. Day Mimi L. Magyar-Socorso Harry C. StormGlenn M. Cooper Rachel T. McGuckian Joseph P. SuntumDavid S. DeJong Patrick C. McKeever Marvin WaldmanMary Ellen Flynn Camilla O. McRory Alan S. ZippJo B. Fogel A. Howard MetroCOMMITTEE 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 – John R. Garza, Chair – (301) 838-3585CLE 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) –

& Rene Sandler, Chair (School Division) – (301) 610-9797

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

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] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) 424-6351

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

[email protected] and [email protected]

Bar FoundationMarleni 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, Managing Attorney (Part-Time) . . . . . . . . . . . . . . (301) [email protected]

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

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

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.

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

the following months’ issue.

Karen Federman Henry - (240) 777-6761Bill Chen - (301) 279-9500

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.

LEGAL ETHICSHOTLINE

x Please Note New Bar Staff Email Addresses w

Page 3: THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD …€¦ · CLE Presentation: 5:30p.m. Dinner: 6:30p.m. Program: 7:00-9:00p.m. For pricing and RSVPinformation, please visit our website,

CIRCUIT COURT FAMILYDIVISION

Court Policy Change RegardingMotions for Temporary Guardianship:As of February 1, 2007, the Circuit Courtfor Montgomery County will no longer ruleon Motions for Temporary Guardianship exparte unless the matter is an emergency asdefined by the Maryland Annotated Code.The Maryland Annotated Code, Estates andTrusts § 13-101(f) defines an "emergency"as meaning that a "person is living in condi-tions which present a substantial risk ofdeath or immediate and serious physicalharm to himself or others."

If the matter is an emergency, thencounsel is advised to submit a Petition forAssumption of Jurisdiction - EmergencyProtective Services pursuant to MarylandRule 10-210. If the matter fails to necessi-tate emergency protective services, butneeds an expeditious ruling, then the mattershall be submitted to the Family DutyJudge, after first being screened by theAdoption/Guardianship Case Manager.The Duty Judge will either hear the Motionfor Temporary Guardianship the same dayor set the Motion for hearing within 48hours.

Requests for temporary guardianshipfiled as non-emergencies will be set for ahearing within two weeks and theAssignment Office will send notices to allinterested persons. Thus, parties will nowbe required to attend a hearing on anymotion for temporary guardianship prior tothe Show Cause hearing, which will bescheduled in accordance with MarylandRule 10-104.

Juvenile Division Bench/BarSchedule for 2007: Please note that therewill be no bench/bar meeting in July orAugust. All meetings will be held inCourtroom 20. CINA bench/bar meetingswill be held on a Wednesday andDelinquent bench/ bar meetings will beheld on a Thursday. Please submit anyagenda items that you may have to AnnWilson at [email protected], twodays before the meeting.

January 18, 2007 (Delinquent)February 21, 2007 (CINA)

March 15, 2007 ( Delinquent)April 18, 2007 (CINA)June 20, 2007 (CINA)

September 20, 2007 ( Delinquent)October 24, 2007 (CINA)

November 15, 2007 ( Delinquent)Judicial Changes: The New Year

brought many changes with it. Please wel-

come The Honorable Mary BethMcCormick to Juvenile. She began hearingjuvenile matters at the beginning of January.

The Honorable Joseph A. Dugan, Jr.,Michael D. Mason , Durke G. Thompson,John W. Debelius, III and Michael J. Algeoare now hearing Family cases, along withThe Honorable Ann N. Sundt, FamilyJudge in Charge.

Madeleine Jones

MEMBERSHIP ON THEBOARD OF DIRECTORS OFTHE PRO BONO RESOURCECENTER OF MARYLAND

The Pro Bono Resource Center ofMaryland (PBRC) is seeking a Board mem-ber who is committed to its mission of pro-moting equal access to justice through the

PAGE 3

CURRENT UPDATE

(Continued on page 5)

CIRCLETREATMENTCENTER

COMPLETE CONFIDENTIALITY ASSURED

Twenty Two Years ofSuperior Service

To The Community* DWI Evaluation, Education/Counseling (6 weeks and 26 weeks)* Adolescent and Adult Drug/Alcohol Programs* Outpatient Mental Health Services* Individual, Couples, Group therapy by licensed professionals* Approved and Certified by the State of Maryland* MVA classes in Spanish and English (new licenses)

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

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

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

Page 4: THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD …€¦ · CLE Presentation: 5:30p.m. Dinner: 6:30p.m. Program: 7:00-9:00p.m. For pricing and RSVPinformation, please visit our website,

all of us in a very short time. The final RulesCommittee draft will still be circulated prior toits presentation before the Court of Appeals inMarch. If approved, it will go into effect inJanuary 2008. Our Association is planning aspecial CLE presentation at the AnnualMeeting on May 5th at 11a.m., which will be aCLE plenary session available for all thoseattending. You will learn about the changes,how to comply with the changes, what softwareprograms will be satisfactory, and other issueswith escrow accounts that are very important toall practitioners.

Barrister's Bash. Millard Bennett andTrish Weaver, Co-Chairs of the revived SocialCommittee, have been hard at work and haveplanned a wonderful social event for Saturday,April 21st at 7:00 p.m. at the Hilton (currentlythe Doubletree) on Rockville Pike. An excel-lent band named "Reunion" will entertain us.Members of Reunion include Millard Bennett,Judge Ann Harrington, Dave Driscoll, and ahost of other familiar faces. TheContemptations will make a guest appearance,as well as other surprise performances. Thewhole purpose of this event is to just simplyhave a fun evening without any speeches,

fundraising, etc. As Shakespeare once said"Do as adversaries do in law, strive mighti-ly, but eat and drink as friends." Oneevening won't change your practice or profes-sional lifestyle, but maybe, just maybe, you'llrun into someone you have a case with andrelax in a social setting that may result in a bet-ter professional relationship. If nothing else, itwill be an evening of fun with other membersof our Association and lawyers, bar none, arethe most fun professionals with which to party.

Annual Meeting Sponsors. Once again,just a brief reminder to contact Bev or me ifyou have any legally related providers or ven-dors that you think would wish to be a sponsorand have a table at our Annual Meeting inMay. We have space for 25 sponsors and weneed to fill all of them. Please think of anyoneyou regularly do business with that may wishto be involved such as court reporters, alcoholeducation providers, storage facilities, docu-ment destruction firms, banks, software ven-dors, accountants, expert witnesses, etc.Please help us reach our goal.

Case Management/Electronic CaseFiling. Many thanks to Pat Fosbrook,Courtroom Deputy to Magistrate Judge Jillian

PAGE 4

PRESIDENT’S MESSAGE, cont’d

solo practitioners. The committee then pre-pared modifications to the proposed rule deal-ing especially with paper backups, source offunds, and the ability to maintain officeaccounts with computerized software. Themodified rule was presented to your ExecutiveCommittee, which voted to approve the modi-fication on behalf of our Association. A letterto the Rules Committee with the modified ver-sion was prepared and hand-delivered to AlBrault of our Bar who sits on the RulesCommittee. Al made sure that the proposal wasthen emailed that day to all members of theCourt of Appeals Rules Committee two daysbefore the meeting. Jeff Axelson traveled toAnnapolis and presented our suggestedchanges to the entire Rules Committee onFriday, January 5th. All of our committee'ssuggested modifications were accepted and theRules Committee went further, making the finaldraft much more lawyer friendly than it initial-ly was. Our Association was congratulated byChief Judge Murphy of the Rules Committeefor the hard work and interest in this endeavor.The real thanks go to Jeff Axelson and his com-mittee members who have done a great job for

(Continued from page 1)

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

Page 5: THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD …€¦ · CLE Presentation: 5:30p.m. Dinner: 6:30p.m. Program: 7:00-9:00p.m. For pricing and RSVPinformation, please visit our website,

Schultz, who spoke at the January Bar lunch-eon with a power point and video presentationto explain Electronic Filing in the UnitedStates District Court in Greenbelt. It was agreat presentation and helpful to those who useit and those who have yet to use it. Additional

PAGE 5

PRESIDENT’S MESSAGE, cont’dmaterial from the presentation, as well as train-ing schedules can be found on our website,www.montbar.org. There are training sessionsonce a month in Greenbelt for attorneys wish-ing to learn the use of CM/ECF.

Don't miss the February Bar luncheon

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

when our guest will be John McCarthy, ournewly elected State's Attorney, who will out-line the changes that will occur in his officewith the new administration.

Remember, be careful out there...John C. Monahan

(Continued on next page)

recruitment, training and support of volun-teers and serving as a resource for the legalcommunity. Members are expected to sup-port the organization through regular atten-dance at Board meetings; service on at leastone committee; an annual financial contri-bution; and promotion of PBRC in the legaland business communities. PBRC strives tomaintain racial, gender and geographicdiversity.

Interested persons should submit theirresumes to Thomas M. Meachum,Chairman, Committee on Appointments,Maryland State Bar Association, c/o Reese& Carney, LLP, 10715 Charter Dr., Suite200, Columbia, MD 21044 or fax theirresumes to Mr. Meachum at (410) 730-7729, no later than February 28, 2007.

COUNTY EXECUTIVE IKELEGGETT SEEKING ...

County Executive Ike Leggett is seek-ing county residents interested in fillingvacancies on several County AdvisoryBoards and Commissions.

Current vacancy announcementsare available atwww.montgomerycountymd.gov/apps/exec/Boards/index.cfm for the following boards

which have a closing date of January 26,2007 for submitting an application:Criminal Justice Coordinating Commission;Commission on Aging; Mental HealthAdvisory Committee; Victim ServicesAdvisory Committee; Human RightsCommission; Telecommunications Advis-ory Committee; Agricultural AdvisoryCommittee; Firearm Safety Committee;Rustic Roads Advisory Committee; TaxicabServices Advisory Committee; AnimalMatters Hearing Board; Commission onCommon Ownership Communities andSign Review Board.

The following boards have a closingdate of February 2, 2007: Solid WasteAdvisory Committee and HistoricPreservation Commission.

ADULT DRUG COURTEXPANDS CRITERIA

Effective immediately, the Adult DrugCourt has expanded its criteria for admission.

Defendants may now be sentenced todrug court as part of the original sentence ina criminal case. This disposition is onlyavailable as part of a binding plea agreementwith the consent and authorization of theState’s Attorney.

This expansion of criteria does not alter

the existing criteria of admitting defendantson a sentencing for a violation of probation.

Please contact Samantha Lyons, DrugCourt Coordinator at 240-777-9141, if youhave any questions.

Nelson W. Rupp, Jr.Adult Drug Court Judge

Circuit Court for Montgomery County

E. SMYTHE GAMBRELLPROFESSIONALISM AWARDS

Nominations are now being acceptedfor the Seventeenth Annual E. SmytheGambrell Professionalism Awards, recog-nizing projects that enhance professional-ism among lawyers. Bar associations, lawschools, law firms and other not-for-prof-it law related organizations are eligible forthe awards.

The ABA Standing Committee onProfessionalism, a component of the ABACenter for Professional Responsibility, willpresent up to three awards of $3,500 eachduring the 2007 ABAAnnual Meeting in SanFrancisco, California. Award criteria includeoverall quality, replicability, likelihood ofcontinuation, innovation, success, substan-tive strength in the area of professionalism,scope and other distinguishing features of the

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

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applicant programs. The award is named forE. Smythe Gambrell, who served simultane-ously as president of the ABA and theAmerican Bar Foundation from 1955 to1956. Gambrell founded the Legal AidSociety in Atlanta, where he practiced lawfrom 1922 until his death in 1986.

The deadline for entries isMarch 30, 2007. Entry forms, guidelinesand information about previous awardrecipients are available online atwww.abanet.org/cpr/gambrell.html.Questions regarding the awards should bedirected to Kathleen Maher (312) 988-5307, e-mail: [email protected].

ABA LEGAL OPPORTUNITYSCHOLARSHIP FUND

This Fund is to encourage racial andethnic minority students to apply to lawschool and to provide financial assistance.

The Scholarship Fund will award$5,000 of financial assistance annually toeach scholarship recipient attending anABA-accredited law school. An awardmade to an entering first-year student maybe renewable for 2 years, resulting in finan-cial assistance totaling $15,000 during hisor her time in law school. The applicationcan be downloaded from the ABA website,www.abanet.org/fje. Completed scholar-ship applications must be postmarked nolater than March 1, 2007.

Recipients will be selected based ontheir qualifications for the scholarship andnot on the law school they plan to attend.Robin L. Rone, Director of Diversity Initiatives

BOOK REVIEWBusiness and Commercial Litigation in

Federal Courts – 2nd EditionEven if you do not appear regularly in

federal court, you probably appear there at

least occasionally. And even if you doappear there regularly, you probably havenot mastered the multitude of substantiveand procedural issues that await you. Foryou, then, whether you are a regular oroccasional litigant in federal court, there isBusiness and Commercial Litigation inFederal Courts, edited by Robert L. Haig, anine-volume treatise just published in itssecond edition.

The first edition appeared eight yearsago, just as one of your reviewers wasembarking on a career in private practiceafter many years of appearing exclusivelyin the federal courts. It proved-and hasremained-invaluable to both of us.

The new edition consists of 96 chap-ters, the latter third of which are devoted tothe plethora of substantive matters that arisein the federal courts, such as antitrust, secu-rities, intellectual property, labor, or ERISAissues. These chapters are not designed totake the place of lengthier, specialized trea-

PAGE 6

CURRENT UPDATE, cont’d

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

(Continued from preceding page)

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tises that offer comprehensive treatment ofthe particular subject. Instead, they servethe valuable function of introducing thelegal concepts, together with certain tacticsand strategies, to those of us who might notdevote regular attention to those specializedpractice areas, but who must occasionallybe conversant with them.

Much of the remainder of the workaddresses matters of procedure, discovery,experts, remedies, appeals and enforcement.Each chapter directs intense focus on the par-ticular rules germane to the subject, togetherwith the leading cases, and offers highly use-ful guidance from experienced practitionersin the subject matter. While each chapter(naturally) addresses the subject from theperspective of the federal rules, even experi-enced local practitioners will benefit fromthe authors' discussion of strategic consider-ations and practice pointers that appear innearly all the chapters. We heartily recom-mend this treatise to all of you.

James L. Thompson, EsquireMaury Epner, Esquire

CURRENT DEPARTMENT OFJUSTICE ATTORNEYVACANCIES

The following positions are avail-able, until filled• Trial Attorneys, Tax Division, Civil

Trial Sections• Experienced Attorneys (GS-0905-

13/14/15) Public Integrity Section,Washington, DCTo learn more about the vacancies in

the Department of Justice, please visit ourwebsite at: www.usdoj.gov.

Mitchell Myers, an attorney, died ofheart failure at the Casey House Hospicein Rockville on December 21, 2006. Hewas 77 years of age and lived a full andenjoyable life. Mr. Myers was born andraised in Washington, DC, as the onlychild of Joseph "Sonny" Myers and ReneMyers. He was a graduate of Central HighSchool, served in the U.S. Navy, and laterearned his bachelor and law degrees fromAmerican University. After admission tothe D.C. and Maryland Bars, he formed apartnership with Ed Dacy, Harry Suissa,and David Richin before opening his owngeneral practice law firm in MontgomeryCounty. He provided legal services byrepresenting thousands of clients at theLaw Office of Mitchell Myers for the pasttwenty years, along with his associate,Ellen Van Bergen. Mr. Myers enjoyed ten-nis, jazz and classical music, reading,crossword puzzles, and especially visiting

and laughing with friends and family.Mitchell is survived by his loving partnerof many years, Dorothy Hughes; his twobeloved sons, Joseph and his wife, Ashleyof Jacksonville, Florida and Jamison andhis wife, Maureen of Rockville, MD; hisformer wife, friend and mother of hissons, Katherine Myers of Silver Spring,MD; his four grandchildren Avery,Tommy, Cookie and Charlie; his extendedfamily and many dear and lifelongfriends. A memorial was held onDecember 26th at Danzansky-GoldbergMemorial Chapel in Rockville and wasfollowed by a service at Gate of HeavenCemetery in Silver Spring. Memorial con-tributions in his memory may be directedto Catholic Charities or MontgomeryCounty Hospice.

Mitchell will be missed by his manyfriends and colleagues in the BarAssociation.

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CURRENT UPDATE, cont’d

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

KARL STEPHENSP.O. Box 6811

Silver Spring, MD 20916Serving DC, MD and VA

METROPOLITANPROCESS SERVICES

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Assessment and evaluation Relapse prevention Approved and CertifiedEducation (six weeks) Expert Testimony by the State of MarylandCounseling (26 weeks) Forensic drug screening

JERRI BENNER-GUNNISON, DIRECTOR15719 Crabbs Branch Way - Rockville, MD 20855

301-670-6161 - (fax) - (301) 670-6163www.metrocounselingservices.com

METRO COUNSELINGSERVICES, INC.

JAMES N. PAPIRMEISTER, ESQ.CRIMINAL DEFENSE ATTORNEY

ANNOUNCES RELOCATION OF MAIN OFFICE TO:THE MONTGOMERY CENTER

8630 FENTON STREET, SUITE 320SILVER SPRING, MARYLAND 20910

PHONE: 301-589-2100Email: [email protected] Website: www.criminalfirm.com

SOUTHERN MARYLAND SATELLITE OFFICE:5210 AUTH ROAD, SUITE 600

SUITLAND, MARYLAND 20746

IN MEMORIAM ... MITCHELL MYERS

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MAINTAINING CLIENTTRUST ACCOUNTS

At last summer's annual MarylandJudicial Conference, representatives ofthe Attorney Grievance Commissionexpressed concern over the frequency ofcomplaints against attorneys as a result ofclient trust account violations.Apparently, a recurrent theme was inade-quate record-keeping practices byMaryland attorneys of all ages and levelsof experience.

Last winter, the Honorable Glenn T.Harrell, Jr. and members of the AttorneyGrievance Commission drafted a pro-posed amendment to Maryland Rule 1.15which sets forth detailed record-keepingrequirements for attorney trust accounts.It is anticipated that substantial changesto the Rule will be adopted in the nearfuture and become effective January 1,2008. While changes to the Rule arebeing considered, and the Legal EthicsCommittee was able to inject a modicumof reasonableness into the proposedrequirements, recent case law depictingwhat is currently required is worth con-sideration.

In Attorney Grievance Comm. v Obi,393 Md. 643, 904 A.2d 422 (2006), theMaryland Court of Appeals considered,inter alia, the record-keeping require-ments imposed by the current version ofMaryland Rule 1.15. In that case, BarCounsel was notified of an overdraw onthe Respondent's bank account, prompt-ing a request for the Respondent's "clientledger cards, deposit slips, cancelledchecks, and monthly bank statements."Records were also subpoenaed from theRespondent's bank. While checks andbank statements were provided, alongwith the Respondent's "cash receipt jour-nal," a "client ledger card" was never pro-duced nor, apparently, maintained.

The Court, quoting the RulesCommittee Comment to Rule 1.15,observed "[a] lawyer should maintain ona current basis books and records inaccordance with generally acceptedaccounting practice and comply with anyrecord keeping rules established by lawor court order." Obi, 393 Md. at 657. Itthen went on to observe that the"Respondent's cash receipt journal, checkregister, statement of account, and can-

celled checks failed to provide an ade-quate accounting of the origin of thefunds in his escrow account." Id. Ofeven greater concern to the Court was thefact that "the documents Respondent pro-duced failed to provide a complete recordof the receipt and disbursement of clientfunds in his possession." Id.

After reviewing a range of sanctionsimposed by recent Court decisions, theCourt suspended Respondent's license forthirty (30) days. Admittedly, the suspen-sion was levied, in part, as a result ofcommingling of funds by theRespondent. However, the Court's focuson record-keeping requirements shouldgive all practitioners pause. Relianceupon computer generated records maynot be adequate unless all pertinent datais recorded and accessible. Indeed, evenwithout any "wrongdoing" in the sense ofcommingling and/or violating the sancti-

ty of client trust funds, absent adequaterecords, Maryland practitioners couldstill be in violation of the Maryland Rulesof Professional Conduct. With this caseand the recent debate on amending Rule1.15 in mind, wise counsel should takethis opportunity to review current prac-tices and make sure that their recordswithstand both the letter, and the spirit, ofRule 1.15.

John Murphy, Esq.Jeffrey M. Axelson, Esq., Co-Chair

Samuel Shapiro, Esq., Co-Chair

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LEGAL ETHICS

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

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

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

month for the followingmonths’ issue.

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COURTHOUSE TOUR &RECEPTION

The BAMC New Practitioners Sectionwill welcome all attorneys recently admittedto the Maryland State Bar and the BarAssociation of Montgomery County, byhosting its free Spring New AdmitteeCourthouse Tour & Reception on March14, 2007. The attorneys who recently passedthe Maryland Bar will be given a tour of theRockville District and Circuit courts from4:00pm until 5:00pm. Thereafter, all attor-neys recently admitted to the Maryland StateBar and the Bar Association of MontgomeryCounty, are invited to a catered reception inthe Courthouse Atrium where our bar presi-dent, current bar members, and others will bepresent to greet and speak to everyone. Thisevent also presents a great opportunity forthe mentors and mentees to meet and greetone another. We encourage all mentors tointroduce their and mentees to other mem-bers of our bar. Please rsvp to Ivonne C.Lindley, Esq. at Stein, Sperling et al, (301)838-3217, [email protected], orLade R. Akinbolaji, Esq. at Strickler,Sachitano & Hatfield, (301) 657-8805,[email protected] if you wouldlike to attend the tour and/or reception.

PAGE 9

NEW PRACTITIONER SECTIONFRIENDRAISER

Each Fall and Spring, the NewPractitioners Section organizes a happy hourevent to encourage new practitioners and therest of the Bar to meet and socialize! Thehappy hour is called the "Friendraiser", andthis Spring's Friendraiser will be on March29, 2007 at the Daily Grill in Bethesda.Look in next month's newsletter for detailsabout the time. We will need sponsors forthis event, if your firm would like to spon-sor please contact Lade R. Akinbolaji, Esq.at Strickler, Sachitano & Hatfield, (301) 657-8805, [email protected] or IvonneC. Lindley, Esq. at Stein, Sperling et al, (301)838-3217, [email protected].

CHAMBER CHATSCircuit Court: Judge Ronald B. Rubin

will host the Circuit Court chamber chaton February 21st at 12:30 p.m. in hischambers which are located at 27Courthouse Square, 1st floor, Room 150.Please mark your calendars for this eventand bring your lunch, your colleagues andyour questions! The next District CourtChamber Chat will be in March. Pleasecontact Monica G. Harms, Esq., at Stein,

Sperling et al, (301) 838-3230 [email protected] if you haveany questions, suggestions or need moreinformation.

MENTOR/MENTEEThe committee still needs for mentors!!

There has been a high interest from the newadmittees and young lawyers for mentor-ship. The need for mentors has increasedsince the July bar results came out and thenew bar members were sworn in. If youhave not already signed up to be a mentor,please consider doing so for the upcomingyear. Our association prides itself on thedevelopment of young lawyers. We needstill mentors in the following practice group:Community Association Law, BusinessLaw, Tax law, Public Interest, FDA/HealthLaw, Environmental Law, PublicPolicy/Legislative, and Criminal Law.However, mentors in other practice areas arewelcome as well. If you are already a men-tor and would be willing to assist anothermentee, please contact Lili Khozeimeh,Esq., at 301-340-9090 (phone) or by e-mailat [email protected].

Omolade R. Akinbolaji, Co-ChairIvonne C. Lindley, Co-Chair

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

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ALTERNATIVE DISPUTERESOLUTION SECTION

The ADR Section is soliciting ideas forprogram proposals for Law Day. Please sendproposal outlines and suggested speakers toEllen Kandell at [email protected].

The Alternative Dispute ResolutionSection just completed a two part 8 hour CLEon arbitration and have launched a unique vol-untary arbitration program. In order to serveas an arbitrator you must have prior judicialexperience, significant arbitration case experi-ence or training. We encourage attorneys toinsert appropriate dispute resolution languagein contracts and agreements. You can saveyour clients lots of time and money by usingthe BAMC’s arbitration program, rather thanAAA. The roster, rules and forms are postedon the BAMC website.

SAVE THE DATE: Maryland State BarAssociation Business ADR Conference, April11, 2007 at the BWI Hilton. Former SenatorGeorge J. Mitchell is the confirmed dinnerspeaker. Kathy Bryan, the former Senior Vice

President and Corporate Counsel for Motorolaand now the President of CPR, the InternationalInstitute for Conflict Prevention and Resolution,is the confirmed keynote speaker.

Robert L. Baum, Co-ChairEllen F. Kandel, Co-Chair

BUSINESS LAW SECTIONThe Business Law Section has four out-

standing programs meetings lined-up forSpring 2007. Please mark your calendar tojoin us!

On February 13, 2007, from 7:30 a.m. -9:00 a.m., the Business Law Section will bejoining the Real Estate Law Section for a jointmeeting and program at Shulman, Rogers,Gandal, Pordy & Ecker, P.A. (11921 RockvillePike, Rockville). At the February meetingDavid M. Kochanski, a partner at ShulmanRogers (www.srgpe.com), will speak to theSection about the Maryland State BarAssociation's opinion letter project - TheReport on Lawyers' Opinions in BusinessTransactions - that currently is underway. The

report is the work of a Special JointCommittee of the Real Property and Businesslaw Sections of the Maryland State BarAssociation. Please note that this is a morningmeeting!

On March 14, 2007, from 5:30 p.m. -7:00 p.m., the Business Law Section will holda meeting and program at Lynott, Lynott &Parsons, P.A. (11 North Washington Street,Suite 220, Rockville). At the March meetingDaniel S. Koch, a principal with Paley,Rothman, Goldstein, Rosenberg, Eig &Cooper, Chartered (www.paleyrothman.com),will speak to the Section about representinggovernment contractors in teaming andprime/sub relationship agreements, planningstrategies for bid proposals and considerationsfor responding to bid protests.

On April 25, 2007, from 5:30 p.m. -8:30 p.m., the Business Law Section willpresent its long-format Spring CLE programat the Bar Association Headquarters. TheSpring CLE will focus on planning andpreparing effective internal business controlagreements (equity holder and buy-sell typeagreements) and managing business contro-versy matters and the dispute resolutionprocess. More details will follow in futureNewsletters.

Finally, on May 22, 2007, from 5:30 p.m.- 7:00 p.m., the Business Law Section will holdits final Section meeting and program at Lerch,Early & Brewer, Chtd. (3 Bethesda MetroCenter, Suite 460, Bethesda). At the May meet-ing Marc R. Engel, a principal with Lerch,Early & Brewer (www.lerchearly.com), willspeak to the Section about practical strategiesand planning for improving hiring, employeeperformance and retention.

In addition to the programs alreadyplanned for this Spring, the Business LawSection is looking for willing members of theBar who would be interested in helping to planand present the Section's program (tentativelyin conjunction with the Intellectual Property& Technology Law Section and the RealEstate Law Section) at the Bar Association'sAnnual Meeting in May. Please contact oneof the Section Chairs if you are interested inparticipating. Finally, planning is under wayfor next year's program schedule; we inviteprogram suggestions and proposals from allmembers of the Bar.

We look forward to seeing you at theBusiness Law Section meetings!

James L. Parsons, Jr., Co-ChairDavid P. Shapiro, Co-Chair

CINA/DELINQUENCYBROWN BAG BENCH BAR

MEETINGSJanuary 18, 2007* June 20, 2007**February 21, 2007** September 20, 2007*

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COMMITTEES & SECTIONS

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

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March 15, 2007* October 24, 2007**April 18, 2007** November 15, 2007**=Delinquent **=CINA

Please note that there will be no bench/barmeeting in July or August. All meetings will beheld in Courtroom 20 of the District CourtBuilding at 12:30 - 1:30 PM. CINA bench/barmeetings will be held on a Wednesday andDelinquent bench/ bar meetings will be held ona Thursday. Please submit any agenda items thatyou may have to Ann Wilson at [email protected], two days before the meeting.

CIRCUIT COURT BENCHBAR COMMITTEEMEETING DATES

February 7, 2007 April 4, 2007March 7, 2007 May 2, 2007

Our meetings are held in the AdministrativeJudge’s Conference Room on the 3rd floor of theCircuit Court building in Rockville.

The following matters are brought toyour attention:

Coming soon to a computer nearyou! The Circuit Court docket

information will be available in February2007 via the State Court website(www.courts.state.md.us/courtrecords.html).You will no longer need to access the dial upsystem to find out information aboutMontgomery County Circuit cases.

There are trained arbitrators availableto conduct voluntary arbitration for civillitigants. If you have questions about arbi-tration or are interested in pursuing arbitra-tion as an alternative dispute resolutionmethod please contact Ellen F. Kandell [email protected] or 301-588-5390 for additional information. The arbi-tration rules, forms and roster will be onthe MCBA web site.

The Office of the Public Defenderhas a new advocacy program for juveniles.The Office held a training seminar forthose attorneys interested in educationaladvocacy. This program is designed toassist juveniles address issues such asdelinquency, expulsion, suspension, theneed for an IEP and other issues raised bytheir disabilities. There is always a needfor good attorneys to assist children in this

area of the law. If you are interested inassisting with this endeavor, please contacteither Jennifer Barmon [email protected] or PaulDeWolfe at (240) 773-9650.

If you have any matters to bringto the Committee's attention, please feelfree to contact any committee member orJennifer A. Forquer at (301) 657-8805 [email protected].

Jennifer A. Forquer, Chair

COMMERCIAL LITIGATIONSECTION

The next breakfast meeting of theCommercial Litigation Section will takeplace on Wednesday, March 28, 2007 from8-9 am, at the offices of Lerch, Early &Brewer, 3 Bethesda Metro Center, Suite 460,Bethesda, Maryland. Please RSVP toBecky Madison at (301) 657-0726, or [email protected].

J. Bradford McCullough, Co-ChairJeffrey M. Schwaber, Co-Chair

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(Continued on following page)

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

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DISTRICT COURT BENCHBAR COMMITTEEMEETING DATES

February 1, 2007 April 5, 2007March 1, 2007 May 3, 2007

John P. Kudel, Chair

EMPLOYMENT LAWSECTION MEETING DATES

March 8, 2007 May 10, 2007The Section would like to thank MichaelFordham Dennis, the Compliance Director of theMontgomery County Office of Human Rights,for speaking at our Section's January meeting.

Our next regular meeting will be a break-fast meeting on Thursday, March 8 , 2007, at8am. We will announce the location andtopic by e-mail. If you are not currently onthe Section's e-mail list, please send an e-mailmessage to Scott Mirsky at ([email protected]) or Rosanna Lopez at

([email protected] ). We arein the process of lining up another excellentspeaker for our next meeting.

Rosanna C. Lopez, Co-ChairScott A. Mirsky, Co-Chair

ESTATE & TRUST LAWSECTION MEETING DATES

February 12, 2007 March 12, 2007April 16, 2007

All meetings will be held on the 2ndMonday of the month at Noon in theConference Room at the offices of Shulman,Rogers, Gandal, Pordy & Ecker, unless other-wise noted. Refreshments will be served at11:45a.m.

Jay M. Eisenberg, Chair

FAMILY LAW SECTIONMEETING DATES

February 15, 2007 [Wine and Cheese]March 15, 2007

April 19, 2007May 4, 2007 [Law Day]

Except for the February 15, 2007 allmeetings will be held on the 3rd Thursday ofthe month at 5:30 p.m. in the CLE Classroomof the Bar Association Building.

Our February meeting will take place at5:30 p.m. at the courthouse cafeteria.

Thanks again to Vince Wills and ScottStrickler for presenting "How to Handle StockOptions and Deferred Compensation" at theJanuary section meeting.

We look forward to our annual Wine andCheese with the Masters on February 17 at5:30 p.m. Join us at the courthouse cafeteriafor good drink, good food, and great conversa-tion!

We also look forward to our March pro-gram, which will feature Judges Sundt andBarbera, who will discuss the nuts and bolts offamily law case appeals, from exceptions on,and to our April program, which will feature aspeaker from FamilyWizard, a calendaringprogram for divorced and blended families.

Keep your ears open for our upcomingCLE's - we will hold the Rita RosenkrantzPro Bono Training on March 20 and March27, and we anticipate a fabulous CLE in Aprilon using financial experts, including businessvaluators, and other types of financial evi-dence, brought to you by Faith Dornbrand, JanWhite, and colleagues at Pasternak Fidis et. al.

A heartfelt thank you to all the generousattorneys who have volunteered their time andexpertise helping at the Pro Se Project.Participating from June through December,2006 were Kay Ackman, Vanessa Atterbeary,Monifa Bailey, Brian Barke, Jerome Berman,Judi Blufeld, Jaunita Board, Mary Brennan,Doug Cohn, Matt Downs, Rick Einhorn, RenaErhart, Jen Forquer, Mare Fox, Jim Gross,Linda Haspel, Jonathan Issacs, Ellen Lee,Rhian McGrath, Diana Metcalf, BonnieMontgomery, Judy Mustile, Virginia Nuta,Karen Robbins, Lottie Rodriguez, BrianSadur, Lisa Segal, Ayo Stevens, RobWeinberg, Eva Zu, and Donya Zimmerman.

If we have inadvertently missed anyone,please call Bonnie Montgomery, 301-681-9216, or Diana Metcalf, 301-251-6707, so thatwe may include you in the next issue.

If you have any issues that you wouldlike our section to address, please feel free tocontact us at [email protected] [email protected].

Stephanie L. Fink, Co-Chair Lisa S. Segel, Co-Chair

FEDERAL PRACTICESECTIONFebruary 21, 2007

The meeting will be held at 6:00p.m. inthe Conference Room of the Bar Associationbuilding.

PAGE 12

COMMITTEES & SECTIONS(Continued from preceding page)

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

Michael S. RacePrivate Investigator

Retired N.Y.C.P.D.Homicide Supervisor“Specialist in Criminal Matters”

~Criminal Investigations • Civil Investigations

Death Penalty Work • All Asset SearchesCredit Reports • Appellate Work

~14019 Bauer Drive

Rockville, MD 20853(301) 460-9500 • [email protected] in

MD & DC

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

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Members and participants will be askedwhat they want the section to accomplish forthe remainder of this coming year and howoften they want to meet. So, future dates andtopics will be decided, then.

Because of the overlap with so many par-ticular areas of law, members of other sectionspracticing in federal court are encouraged toattend: CRIMINAL, BANKRUPTCY, IMMI-GRATION, PERSONAL INJURY, INTERALIA.

If there is a particular Federal Court prac-tice issue or topic any attorney wants to dis-cuss and/or speak on at this upcoming meet-ing, just let me know as soon as possible.

Charles Chester, Chair

IMMIGRATION LAWSECTION MEETING DATES

February 21, 2007 March 21, 2007April 18, 2007

All meetings will be held on the 3rdWednesday of the month at Noon in theConference Room of the Bar Associationbuilding, unless otherwise noted

Jinhee Wilde, Chair

INTELLECTUAL PROPERTY& TECHNOLOGY LAWSECTIONMarch 14, 2007 May 9, 2007

The meetings are held on the 2ndWednesday of the month at 8:00a.m. in theBar Association Conference Room, unlessotherwise noted.

Jeffrey I. Auerbach, Co-ChairEric J. Von Vorys, Co-Chair

LAW FIRM MANAGEMENTSECTION

Attention Members of the Law Firm

Management Section, Managing Partners andLaw Firm Administrators:

Please mark your calendars for the fol-lowing special program in February:

Join us on February 15, 2007 at 8:00a.m. at the Law Firm Management SectionMeeting for a special presentation by JoelRose of Joel A. Rose & Associates entitled"Techniques for Maintaining a Collegial,Cooperative Firm Atmosphere andConcurrently Making PartnersAccountable For TheirActions/Inactions."

Date: Thursday, February 15, 2007Time: 8:00 a.m. - 9:00 a.m.Place: Shulman, Rogers, Gandal, Pordy

& Ecker, P.A.11921 Rockville Pike4th Floor Conference CenterRockville, MD 20852

Please R.S.V.P. to Donna Olenick [email protected] or 301-230-5200, Ext. 5515.

David A. Pordy, Chair

LAWYER TO LAWYERCOMMITTEE MEETING

DATESMarch 15, 2007 May 10, 2007

All meetings will be held on the 2ndThursday of alternating months (Septemberthrough May) at 5:00p.m. in the Circuit CourtLaw Library, unless otherwise noted.

Barbara R. Graham, ChairF. Patrick Kelly, Vice Chair

LEGAL ETHICSCOMMITTEE MEETING

DATESFebruary 14, 2007 April 11, 2007March 14, 2007 May 9, 2007

June 13, 2007All meetings will be held on the 2nd

Wednesday of the month at 4:30p.m. in theBar Association Conference Room.

PAGE 13

COMMITTEES & SECTIONS

(Continued on following page)

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

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Rockville, MD 20848(301) 570-0770

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In light of the proposed changes to Rule1.15 of the Rules of Professional Conduct, onthe safekeeping of client property, the LegalEthics committee has arranged for severalspeakers at its upcoming meetings on this andother current ethical issues. These meetingswill be open to all members of the bar and thisportion of our meeting should conclude inapproximately 60 minutes.

On Wednesday, March 14, 2007 at 4:30p.m. at the Bar Offices, Glenn Grossman,Esq., Associate Bar Counsel, will speak.

On Wednesday, April 11, 2007 at 4:30 atthe Bar Offices, the Honorable Judge IrmaRaker of the Court of Appeals, will beaddressing us.

Please RSVP to Co-Chair JeffreyAxelson's assistant to [email protected].

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

PERSONAL INJURYLITIGATION SECTION

MEETING DATESMarch 16, 2007

The meeting will be held in theConference Room of the Bar Associationbuilding and begin promptly at Noon.

The Personal Injury Litigation Sectionpresented a very successful CLE program, onDecember 4, 2006, entitled “District Court,Dos and Don’ts.”

A panel discussion involved the presenta-tion of a personal injury case in light of thestatutorily-eased method of proof. The panelconsisted of District Court Judges J. MichaelConroy, Jr., and Brian G. Kim, and retiredCircuit Court Judge J. James McKenna, whofrequently sits in the District Court.

Each Judge presented his thoughts on lit-igation techniques that would foster success.An extensive question and answer period fol-lowed.

The attendance at this program was out-standing, perhaps a record attendance for aSection CLE.

We would like to thank the Judges fortheir preparation and presentation.

The attendance also indicates that moreinformation is desired by the membership oncivil case presentation in the District Court ofMaryland.

The Section invites its membership tosubmit ideas for future programs which wouldbe of broad general interest. If you have anythoughts, please submit them to MichaelNakamura or John O’Neill, present Chairs orAndre Forte or Paul Chung, who will chair theSection beginning next year.

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

Hong S. (Paul) Chung, Vice ChairAndre M. Forte, Vice Chair

PROFESSIONALISM & THEQUALITY OF LIFE

COMMITTEE MEETINGDATES

February 6, 2007 April 3, 2007March 6, 2007 May 1, 2007

The meetings are held on the 1stTuesday of the month at 4:30p.m. in the BarAssociation Conference Room, unless other-wise noted.

Resolutions and GoalsAs of this writing, I have joined many

discussions of new year's resolutions and

PAGE 14

COMMITTEES & SECTIONS(Continued from preceding page)

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PAGE 15

COMMITTEES & SECTIONSgoals for the year. Among them have beensome refreshing comments of plans to achievemore quality of life during the coming year.With the recent weeks of unusually warmweather (even for this region), it seems tohave sparked a bit of spring fever early.

To spur the thought process, I'd like topropose a few items for consideration (someof which I hope to try as well):

• Read a book just for fun (no history,no legal analysis, just plain pulp is preferred).

• Go for a long leisurely walk with noparticular purpose (not running to court for ahearing or to a meeting).

• Go to a movie that you've been want-ing to see.

• Enjoy dinner out (real dining withcloth napkins, tablecloths, and a pausebetween each course).

• Play a board game or card game withyour children (grandchildren work for thistoo).

• Watch grass grow (or if it gets coldbefore this comes out, try watching snowmelt).

• Learn a new sport or how to play amusical instrument.

• Enjoy the arts (attend a show or musi-cal performance or go to an art gallery).

All of us need time to rest and refresh. Ifyou believe that our brains are the most com-plex of computers ever invented, then you alsomust realize that it is important to decompressand download information. Relaxation andtaking a break from the full press of work isone of the best ways to regenerate our brainpower. So give it a try!

The next meeting of the Professionalismand Quality of Life Committee is scheduledfor March 6, 2007, at 4:30 pm in the barheadquarters conference room. Please join us-we promise to keep it relaxed and un-stressfulas part of a goal for 2007!

Karen L. Federman Henry, Chair

REAL ESTATE LAWSECTION MEETING DATES

February 13, 2007 May 8, 2007March 13, 2007 June 12, 2007

As always, the breakfast meetings will beheld at the Rockville IHOP, 775 RockvillePike, on the west side of the Pike betweenWintergreen Shopping Center and Courtesy

Jeep, and will begin at 7:30 a.m., unless other-wise noted.

Our next meeting will be held onTuesday, February 13th. We will meet in theoffices of Shulman, Rogers, Gandel, Pordy &Ecker, P.A., 11921 Rockville Pike, Rockville,Maryland. The firm has graciously offered itsconference center as the site of this joint meet-ing of the BAMC Real Property Law andBusiness Law Sections; the meeting willbegin at 7:30 A.M. A light breakfast will beprovided.

Our featured speaker will be David M.Kochanski, a partner at Shulman, Rogers,Gandel, Pordy & Ecker, P.A., speaking to usabout the Maryland State Bar Association'sopinion letter project--The Report onLawyers' Opinions in Business Transactions--that is currently underway. This report is thework of a Special Joint Committee of the RealProperty and Business law Sections of theMSBA.

I hope you will plan on joining us for thispresentation and discussion.

One or more e-mail reminders, describ-ing the scheduled speaker, the topic and the

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

(Continued on following page)

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location of the meeting, will precede eachbreakfast meeting

Jerry R. O’Conor, Chair

TAXATION LAW SECTIONMEETING DATESFebruary 7, 2007 April 4, 2007March 7, 2007 May 2, 2007

The Tax Section meets on the firstWednesday of each month at 5:30 PM, at theLaw Offices of Alan Zipp, at Jackson PlaceSouth, 932 Hungerford Drive, Suite 13,Rockville, Maryland 20850, Telephone (301)340 0084. All interested attorneys are invitedto attend.

Just when you thought you knew the taxlaw, they changed it! Family Law attorneyswere happy in 2005 when the Congresschanged the dependency exemption rules fordivorcing clients to permit the noncustodialparent to claim the dependency exemptionwhether or not the custodial parent signed theIRS Form 8332.

The Working Families Tax Relief of 2004

(effective 1/1/2005) amended IRC section152(e) to provide that the noncustodial parentwas entitled to a dependency exemption for achild if a decree of divorce, a decree of sepa-rate maintenance, or a written agreementbetween the parents provided that the noncus-todial parent could claim the dependencyexemption for the child; OR the custodial par-ent signed a written declaration (i.e., Form8332) that such parent will not claim suchchild for the tax year, and said declaration wasattached to the noncustodial parent's tax return.

The Gulf Opportunity Zone Act of 2005repealed that provision retroactively. As aresult, in order for the noncustodial parent toclaim a dependency exemption for the child,the custodial parent must sign a written decla-ration (i.e., Form 8332) that such parent willnot claim such child for the tax year and thatdeclaration must be attached to the tax returnof the noncustodial parent.

It may become a standard practice ofFamily Law attorneys to obtain a Court Ordercompelling the custodial parent to sign IRSForm 8332 to transfer the dependency exemp-tion to the noncustodial parent. The authority

PAGE 16

COMMITTEES & SECTIONS(Continued from preceding page)

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

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for such an Order may be found in Wassif v.Wassif, 77 Md. App. 750, 551 A.2d 935 (Md.Sp. App. 1989).

The 2004 Act also changed the section152(e) definition of the custodial parent as "theparent with whom a child shared the sameprincipal place of abode for the greater portionof the calendar year." The 2005 Act repealedthat amendment, retroactively.

The Gulf Opportunity Zone Act of 2005defined custodial parent under section 152(e)as the parent having custody of the child forthe greater portion of the calendar year.

During 2006 (and December 2005)Congress enacted six major pieces of tax legis-lation. The Pension Protection Act of 2006was over 900 pages in length and made exten-sive changes to retirement plans, college sav-ings, and charitable giving rules. The latestTax Act was signed on December 20th, titledthe Tax Relief and Health Care Act of 2006.That Act provided for over $45 billion in taxrelief over 10 years and extended manyexpired provisions retroactive to 1/1/2006.

The latest Tax Act reinstated expireddeductions for higher education tuition costs,

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PAGE 17

COMMITTEES & SECTIONSteacher classroom expenses, state sales taxes,and credits for HOPE and Lifetime Learningcollege expenses, research expenses, workopportunity and welfare to work credits.

The instructions to the 2006 tax forms havealready been published by the IRS and lines forthese expired items are not on the printed taxforms. On December 22, 2006, the IRS issuedNotice 2006-195 explaining how to reportdeductions without specific lines on the taxforms. For example, the state sales deductionshould be deducted on Line 5 of Schedule A(state income tax deduction) with a "ST" notedon the dotted line to the left of Line 5. The col-lege tuition deduction for up to $4,000 should bereported on Form 1040 Line 35 (domestic pro-duction activities deduction) with a "T" on thedotted line to the left of that entry. Educatorexpenses of up to $250 should be claimed onForm 1040 Line 23 (Archer MSA Deduction) byentering "E" on the dotted line to the left of thatentry. Wherever two deductions are claimed ona single line, enter "B" on the dotted line to theleft of the entry and attach a breakdown of theamounts allocated to each deduction.

The IRS said the paper forms for tax year2006 went to the printer in November andwon't be updated to reflect the extendeddeductions for sales tax, tuition and educatorexpenses. New forms for credits and otherextended provisions are anticipated to beprinted. The IRS has updated Publication 600on its website for state sales tax deductions.

Tax attorneys may not be getting muchsleep reading all of the new tax laws; or, willall the new tax laws cure the tax attorneys'insomnia?

The Tax Section is planning a broad-based CLE program for the Spring: "WHATTHE GENERAL PRACTITIONERNEEDS TO KNOW ABOUT TAXISSUES." The tentative date is April 24,2007. Attorneys interested in assisting withthis CLE seminar are encouraged to attend theFebruary 7, 2007, Tax Section meeting.

In addition, the Tax Section is planning torepeat the highly acclaimed CLE seminar,"WHAT TAX FORMS REALLY MEANTO THE LITIGATINGATTORNEY," at theLaw Day education program on May 4, 2007

Alan S. Zipp, Chair

WORKERS COMPENSATIONLAW SECTION MEETING

DATESFebruary 8, 2007 April 12, 2007March 8, 2007 May 10, 2007

All meetings will be held on the 2ndThursday of the month at 4:30p.m. in theConference Room of the Bar Associationbuilding, unless otherwise noted.

John T. Beamer, II, Co-Chair Alan B. Gross, Co-Chair

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

2007 MARYLAND PRO BONO SERVICE AWARDSThe Maryland Pro Bono Service Awards are statewide awards honoring outstanding

attorneys and non-attorneys who have made a significant contribution to the delivery ofpro bono civil legal services to Maryland's poor. The service may have been made throughlitigation, legal/legislative advocacy, or any other means that extend needed legal servicesto low-income persons. Nominations will be accepted for the following categories:

• Individuals• Members of the judiciary• Pro bono agencies or programs• Law firms• Government or corporate legal departments• Special projects• Non-legal or organizational involvement If someone you know has made an impact, please consider nominating them for one

of these awards. Information and an application will also be made available on our web-site www.probonomd.org after the first of the year.

For more information contact:Pro Bono Resource Center

410.837.9379/ 800.396.1274 or [email protected]. Application deadline is Monday April 2, 2007.

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PERSONAL INJURYAPPELLATE DECISIONS

In Baltimore v. Hart (Court ofAppeals, No. 16, September Term 2006,Filed November 6, 2006), the Courtaffirmed a decision of the Court ofSpecial Appeals reported in the April,2006 issue of this Newsletter and theSeptember 2006 Back to Court Nightbooklet. Both appellate courts sustainedthe trial court's evidentiary ruling allow-ing the introduction of a police depart-ment general order. The order requiredactivation of the siren and roof lights of apatrol car entering an intersection on ared light, and the necessity to come to afull stop. Although not negligence per se,failure to follow the order is a factor to beconsidered in determining the reasonable-ness of the police operator's conduct.

In Wilson v. Nationwide (Court ofAppeals, No. 22, September Term 2006,Filed November 14, 2006), the Courtaffirmed a decision of the Court ofSpecial Appeals also reported in theabove Bar Association publications asNationwide v. Wilson. In a business auto-mobile liability insurance policy, it is per-missible to exclude injury caused by thenegligence of a fellow employee.However, the policy must compensate forinjuries up to the minimum compulsorystatutory limits.

In Walzer v. Osborne (Court ofAppeals, No. 20, September Term 2006,Filed November 17, 2006), the Courtreversed a decision of the Court of

Special Appeals also reported in theabove publications as Osborne v. Walzer.Plaintiff had filed a malpractice claimunder the Health Care MalpracticeClaims Statute, Section 3-2A-04(b) of theCourts and Judicial Proceedings Article.A claimant must file a certificate of aqualified expert within ninety days of fil-ing of the action. The certificate shouldindicate that the defendant negligentlycaused injury and must be attached to anattesting report of the expert. The statuteallows for extensions of time pursuant toappropriate requests, but plaintiff neversought extensions. Claimant filed thecertificate without the report, and filedthe report only after defendant moved todismiss the claim for that untimely fail-ure. The trial court dismissed the claimwithout prejudice on that basis.

In reversing the trial court, the Courtof Special Appeals held that while dis-missal would be an appropriate sanctionfor failure to file the certificate itself, dis-missal would be too harsh for not includ-ing the report, particularly, since thedefendant was not prejudiced. However,the Court of Appeals reversed, and heldthat the clear language of the statuterequired dismissal without prejudice.The certificate is incomplete without thereport.

In Cotillo v. Duncan (Court ofSpecial Appeals, No. 2859, SeptemberTerm 2005, Filed December 6, 2006), theCourt reversed in part the trial court'sgrant of summary judgment against plain-tiff. Plaintiff was an experienced champi-

on power lifter and was seriously injuredas he attempted to bench press 530pounds. Plaintiff had two successful liftswith lesser weights. As part of the com-petition, high school students withweightlifting experience were used as"spotters". The spotters were positionedon both sides of the bar that plaintiff waslifting with the goal of grabbing the bar ifit were to fall. On the third lift the bar fellon plaintiff's mouth. The competition hadbeen videotaped, and expert witnesses forboth sides viewed the video. An expertwitness on behalf of plaintiff concludedthat the spotters were not positionedproperly. Defendant's expert differed.

A sports participant ordinarilyassumes all of the risks normally incidentto a particular sport. For this competi-tion, the event's organizer had instructedthe spotters that they should not intervenewithout a signal from the event's judge,because improper early interventionwould disqualify the participant. Theappellate court held that this instructionconstituted an enhanced risk of injury,and it was improper to conclude as a mat-ter of law that plaintiff assumed thatenhanced risk. However, with regard tothe issue as to whether the spotters wereproperly positioned, summary judgmentwas appropriate. As we went to press, itwas not known if this case would beappealed further.

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

Marvin Waldman

PAGE 18

PERSONAL INJURY APPELLATE DECISIONS

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

TheBarristers’ Bash

April 21, 2007

Live Music • Food • Dancing

For more information, visit:www.steinsperling.com/barristersbash

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On behalf of the Board of Directorsof the Bar Foundation, we wish to thankour Pro Bono Heroes for ttaking pro bonocases and serving at the clinics:

December Pro Bono ReferralsKay L. Ackman Phillip J. Santa Maria Michael L. Callahan Georgia A. Martin Steven D. Cohen Charles M. Maynard Jo B. Fogel Jonathan P. Morgan Steven J. Gaba Lawrence F. Regan, Jr. Terence B. Garvey Jeanne H. Richter John M. Green David A. Slacter James J. Gross Belinda Tilley***Eric Hale Lynette A. Whitfield Daniel M. Kennedy** David Wool ** = 2 cases ***= mentor

During November, the followingactivity took place in the Pro BonoProgram:

Cases Referred - 22Cases Closed - 133Opened Cases - 25

Intakes - 140Contested Custody Cases Referred - 3

~The Board of Directors also wishes

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

December Contested Custody CasesDonna K. Rismiller** Daniel Shaivitz** = 2 cases

~The Evening Legal Clinics at TESS

and the Gilchrist Center continue to han-dle volumes of clients through the veryable assistance of David Vega, Esquireand Jay Marks, Esquire. Their assistanceand commitment continues to be thebackbone of the program along with ourvery committed Volunteers.

Following are the attorneys who vol-unteered in November at the Clinics. Onbehalf of the Board of Directors of theBar Foundation, we wish to thank all ofour “PRO BONO HERO'S for their timeand dedication.”

Gilchrist CenterLade Akinbolaji Carol SchifterJerry Lyell Mike SubinJay Marks David VegaKathleen Muldoon Lynette Whitfield

TESS CenterKen Auerbach Jay MarksChristina Ballance Allison OttoRoger Golden David VegaJerry Lyell

February 22-24, 2007Advanced Estate Planning Techniques

onsite in MauiFebruary 22-24, 2007

Representing the Growing BusinessTax, Corporate, Securities, and

Accounting Issuesonsite in Coral Gables | or | via audio web-cast in your office

March 22-23, 2007Trial Evidence in the Federal Courts

Problems and Solutionsonsite in New York | or | via video webcast inyour office

March 22-23, 2007Global Warming: Climate Change

and the Lawonsite in Washington, DC | or | via videowebcast in your office

March 28-30, 2007Pension, Profit-Sharing, Welfare, and

Other Compensation PlansIncluding In-Depth Analysis of the

Pension Protection Act of 2006onsite in San Francisco | or | via video web-cast in your office

PAGE 19

PRO BONO UPDATE

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AMERICAN LAW INSTITUTE | AMERICAN BARASSOCIATION SEMINARS/WEBCASTS

For information on any of the programs listed above or to register, please visit the websiteat www.ali-aba.org.

Written course materials or audio mp3 CD-ROMs will be available for most programs.PDFs of materials and access to streaming online audio will be available for purchase and imme-diate download online at www.ali-aba.org about 4 to 6 weeks after the course.

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PAGE 20

SPECIALTY BAR ASSOCIATIONSSIMON E. SOBELOFFJEWISH LAW SOCIETY

Please join your friends and col-leagues to help our community at the TheJewish Federation's Annual SuperSunday Dial-a-thon on February 25,2007 at the Jewish Community Center ofGreater Washington, 6125 MontroseRoad, Rockville, Maryland. At our ownSobeloff Society Table, we will help raisesupport for programs that serve the county,state and the world. For volunteers, thisevent runs in 2 hour shifts from approxi-mately 9 am to 4 pm. This is a wonderfulevent and a great way to help the commu-nity. Please contact us at [email protected] call Brian Barke at (301) 309-8300 to letus know your availability. SAVE THEDATE: MARCH 8, 2007 at 5 pm for "AnEvening Reception to Honor OurMontgomery County Judges" at theRockville Courthouse Atrium.

WOMENS BAR ASSOCIATION,MONTGOMERY COUNTYCHAPTER

Thank you to Bonnie Montgomeryand Bibi Berry for organizing the Januaryevent at the Women's Commission. I knoweveryone who participated enjoyed the fab-ulous boxed lunch from Provisions, theMyers-Briggs personality test, and the fundoor prizes! Thank you to Albert Younes,owner of the Salon de Coiffure at theColonnade on New Mexico Avenue,Washington, DC and Aquatica Salon andDay Spa, Bethesda, MD for their donationsto our Chapter so we could have doorprizes. A big thank you as well to theWomen's Commission for hosting theevent for us and scoring the tests!

This month is our first event in ourleadership development series this year.Tracy and David DeJong will be hostingat their home, 9809 Juniper Hill Road,Rockville, Maryland 20850 at 6:00p.m.our Chapter's Leadership DevelopmentSeminar featuring Judges Barbera, Raker,Harrington, McCally, McCormick, andSundt who will discuss what types ofthings they did in order to promote theirapplications for judgeships and the processcandidates go through. Judge Barbera willalso be able to share her perspectives as tothe process in the governor's office fromher experiences working for one of our pre-vious governors, Parris Glendening. Thisevent is a must attend for anyone who isthinking about applying for a position onthe bench in the future.

MARCH 10TH IS OUR TRIENNI-AL AUCTION. Already, we have fan-tastic items to auction off such as one (1)week in a 2 level oceanfront Condo inSea Watch in Ocean City, one (1) week ina house in Costa Rica, Redskin tickets,UMD baseball tickets, National tickets,and theatre tickets!! Please plan onbeing at the Women's Chevy Chase Clublocated at 7931 Connecticut Avenue,Chevy Chase, Maryland 20815 at6:30p.m. to join us for this great event!Proceeds from this event not only go tosponsor our Chapter's programs for athree year period, but they also allow usto contribute to our Chapter'sFoundation which provides at least threescholarships annually to local students.

Get involved! Please email DonnaVan Scoy at [email protected] Anne Marie Jackson [email protected] if you areable to volunteer for assisting with the

auction. The Auction is only 1 monthaway! If you would like to volunteer forthe February Leadership Developmentevent, please email Jill Savedoff [email protected] orIvonne Lindley [email protected]. Moreinformation inside the Museletter on thisprogram. I also know the co-chairs of ourannual Take Your Child to Work luncheon,Judge Marielsa Bernard and Darcy Shoop,are looking for volunteers for their event tosolicit donations (this event is free for thechildren) and put together goodie bags forthe children - if you're interested, pleaseemail Darcy at [email protected].

This month's Executive Committeewill be held on February 5, 2007 at noonvia conference call. Any member is wel-come to join us on the call. Please [email protected] for the call in number onor after February 2, 2007.

Heather Hostetter, President

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PAGE 21

HEADINGMSBA BOARD OF GOVERNORSEdward 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) 762-5212Paul F. Kemp (301) 217-5664Hon. Mary Beth McCormick (301) 279-1551Thomas D. Murphy (301) 424-0400Steven G. Salant (240) 777-9042

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

~ www.msba.org ~

MSBA NOMINATIONS ANDELECTIONS FOR BOARD OFGOVERNORS IN 2007

This is the annual announcement regard-ing the nomination and election process forvacancies on the Maryland State Bar

Association Board of Governors occurring inJune, 2007.

Only Class I Governors can be nominat-ed and elected in 2007, since it is an odd num-bered year. (Vacancies will be occurring inthe First, Second, Third, Fifth, Sixth, Seventh,Eighth, Tenth and Twelfth Districts, as well astwo Young Lawyer Governors.)

SIXTH (Montgomery County) – Numberof Governors to Which Entitled – 2; Class Ielected Even Years – 6; Class I – 2.

• Nomination petitions must be filed nolater than 5:00 p.m., Monday, February 13, 2007.

• Ballots must be postmarked no laterthan March 29, 2007.

• Ballots must be received by theExecutive Director no later than April 3, 2007.

Nomination petitions may be faxed toyou. Call Tessy at (301) 424-7040.

TO ALL CIVIL PRACTITIONERSIN THE DISTRICT COURT FORPRINCE GEORGES COUNTY

All Attorneys who practice civil law inthe District Court for Prince George’s County

STATE & NATIONALare invited to meet with judges of the DistrictCourt, the Clerk of the District Court, thesupervisor of civil cases and other court per-sonnel in order to make suggestions on howour operation may be made more efficient,what deficiencies may exist, and for new ideasto improve the way in which civil cases arecurrently being handled in Prince George’sCounty. The meting will be held at 3:00p.m.on Wednesday, March 7, 2007 in Courtroom357B, Courthouse, Upper Marlboro.

Thomas J. Love, Associate Judge

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

Save the Date ...

The Barristers’ BashApril 21, 2007

For more information, visit:www.steinsperling.com/barristersbash

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LEGAL ANNOUNCEMENTSAnne Marie Jackson, a partner at Ain &Bank, P.C., was recently selected to be aFellow of the American Academy ofMatrimonial Lawyers. Anne Marie practicesfamily law in Maryland and DC.Futrovsky, Nitkin & Scherr, Chartered ispleased to announce that Alyson S. White andDiego J. Rojas have joined the firm as associ-ates. Ms. White handles civil litigation includ-ing personal injury, workers’ compensation, realestate, and contract matters. Ms. Whitereceived her undergraduate degree from TuftsUniversity in 2003 and law degree in 2006 fromMoritz College of Law at The Ohio StateUniversity. Mr. Rojas focuses his practice in thearea of criminal defense. Mr. Rojas received hisundergraduate degree from the University ofMaryland and law degree from the CatholicUniversity of America, Columbus School ofLaw in 2004. Prior to joining Futrovsky, Nitkin& Scherr, Chartered, Mr. Rojas served as a lawclerk to the Honorable Marielsa A. Bernard inCircuit Court for Montgomery County,Maryland and as a law clerk to the U.S.Environmental Protection Agency’s Office ofEnforcement & Compliance Assurance,Regional Support Division in Washington, DC.The law firm of Lerch, Early & Brewer,Chtd. announces that Genevieve J. Quarfoothas joined the firm as an associate in the firm’sLitigation Group. Ms. Quarfoot’s practiceconsists of the representation of individualsand businesses in a broad array of civil andcommercial litigation matters. Prior to joiningas an associate, Ms. Quarfoot worked as a lawclerk for the firm. She has also served as ajudicial intern for both the MontgomeryCounty State’s Attorney’s Office and TheHonorable Marielsa A. Bernard of the CircuitCourt for Montgomery County, MD. Shereceived her J.D. cum laude from theAmerican University Washington College ofLaw in 2006. She received her B.S., BusinessAdministration in Marketing from VillanovaUniversity in 2000.Linowes and Blocher LLP is pleased toannounce that Anne C. Martin has been elect-

ed partner in the firm. Ms. Martin had been anassociate in the firm’s Bethesda office since1999. She regularly assists clients with legisla-tive and regulatory issues during all phases ofthe development process, primarily withinMontgomery County. Anne holds a Bachelorof Arts from Loyola Marymount Universityand a Juris Doctor from Catholic University.

Also joining the firm’s Annapolis officeas partner is Linda M. Schuett, the formerCounty Attorney for Anne Arundel County.Ms. Schuett will focus her practice on land usematters, but also has a considerable history asa mediator and litigator. Prior to her appoint-ment as County Attorney, Ms. Schuett was inprivate practice. She holds a Bachelor of Artsand Masters of Arts from Pennsylvania StateUniversity and a Juris Doctor, cum laude,from the University of Maryland Law School.

Renee M. Finley, an associate since2003 has been elevated to Of Counsel.Working with the firm’s Real EstateTransactions and Condominium/CommonInterest Development Practice Groups, Ms.Finley has represented builders and develop-ers in a variety of projects, including mixed-used public/private partnerships, land condo-miniums, and condominium conversions. Ms.Finley holds a Bachelor of Arts from the NewCollege of California, and a Juris Doctor fromthe New College of California Law School.

Additionally, Linowes and Blocher haswelcomed several new associates recently,including: Debra S. Borden, Land UsePractice Group, Bethesda Office, formerAssistant City Attorney for the City ofFrederick, J.D., University of Maryland LawSchool; Demetrios M. Datch, Business andTax Planning Practice Group, BethesdaOffice, former clerk for the HonorableMIchael Pincus of Maryland’s Sixth JudicialCourt; J.D., Washington University School ofLaw; Heather Dlhopolsky, Land Use PracticeGroup, Bethesda Office, former associate,Hyatt, Peters, Weber, LLP; J.D., University ofVermont Law School; Gabrielle M. Duvall,Business Controversies Practice Group,Bethesda Office, former associate, Akin,Gump, Strauss, Hauer & Feld; J.D., GeorgeWashington University Law School; Justin P.

PAGE 22

WHAT’S NEW ...Hayes, Land Use Practice Group, BethesdaOffice, former Assistant City Attorney for theCity of Frederick; J.D., cum laude, CatholicUniversity Law School; Andres S. Lopez,Business Controversies Group, BethesdaOffice, former Linowes and Blocher summerassociate; J.D., University of Maryland LawSchool; Benjamin S. Wechsler, Land Use andEnvironmental Law Practice Groups,Annapolis Office, former DevelopmentDirector and General Counsel, TheAssateague Coastal Trust; J.D., GeorgeWashington University Law School.Roger C. Samek and Suzanne L. Rotbert arepleased to announce that effective January 1,2007 they formed their new law firm, Samek& Rotbert, LLC, with offices located at15245 Shady Grove Rd., Suite 300, Rockville,MD 20850. The phone number will be 240-912-3000 and the fax number will be 240-912-3030. Roger and Suzanne will continue theirpractice in corporate, business and transac-tional law as more fully described on theirwebsite located at www.samek-rotbert.com.Shulman, Rogers, Gandal, Pordy & Ecker,P.A. is pleased to announce the promotion ofStephen A. Metz, Patrick J. Howley andJacob A. Ginsberg to Shareholder. We alsoannounce that Howard J. Ross has joined thefirm as a Shareholder.

Mr. Metz is a shareholder in the firm’sCorporate Department and focuses primarilyon bankruptcy matters. He represents debtors,creditors, lenders, landlords and other interest-ed parties in bankruptcy reorganizations, liq-uidations and litigation. He graduated fromthe University of Maryland in 1994 with aB.S. in business, and is a 1997 graduate, cumlaude, of the Dickinson School of Law at thePennsylvania State University. He is a mem-ber of the Maryland and DC bars, and anactive member of the Bankruptcy BarAssociation of the District of Columbia.

Mr. Howley is a shareholder in theFirm’s Trust and Estates Department. Hispractice focuses on estate planning, estate andgift taxation and the administration of estatesand trusts, as well as fiduciary litigation. Hegraduated from Boston College in 1991 with a

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

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(Continued on following page)

B.A. in English and Philosophy and receivedhis law degree from The Catholic University,Columbus School of Law, in 1994. He is amember of the Maryland DC bars.

Mr. Ginsberg is a shareholder in theCommercial Real Estate Department. He con-centrates his practice on commercial and realestate transactions and general business repre-sentation. He also chairs the Firm’sCommercial Lending Practice Group. Hegraduated from the University of Maryland in1992 and received his law degree fromGeorgetown University Law Center in 1995.He is a member of the Maryland and DC bars.

For the past 28 years, Mr. Ross hasfocused his practice on corporate and commer-cial transactions, and advising businesses andindividuals regarding business planning,finance, real estate, and tax matters. His sub-stantial business experience was enhanced byhis serving as an Acquisitions Director, and sub-sequently General Counsel, for a public compa-ny based in New York. He received his under-graduate degree from Brown University, andgraduated with honors from GeorgetownUniversity Law Center. He also completed thecoursework for a masters in taxation fromGeorgetown University Law Center. He is amember of the Maryland, DC and Virginia bars.

RENT/LEASEBETHESDA – For immediate occupancy:Shared suite with 3 firms in first class officebuilding two blocks from Bethesda Metro sta-tion. One office and secretarial work stationavailable. Amenities include telephone sys-tem/conference room/copier/kitchen. Con-tact: [email protected] – Large windowed office in pri-vate building with separate secretarial space on2nd floor; across from Metro; storage space,private bathroom, parking; all amenities avail-able, kitchen, conference room, fax & copy.Available immediately. Call (301) 654-7540.BETHESDA – Office suite in private build-ing with private entrance; approximately 800sq. ft.; across from Metro; private bathroom;

parking; all amenities available, kitchen, con-ference room, fax & copy. Available immedi-ately. Call (301) 654-7540.BETHESDA – Windowed office in AirRights north building, one block from metro,with shared receptionist and use of conferencerooms, kitchen, copier, phone, voice mail.Secretarial space and garage parking alsoavailable. Call Steve Jacobson at (301) 951-1583.BETHESDA – Windowed office with secre-tarial area, use of reception area; use of copi-er, fax, phone system in beautiful buildingnear Metro. Contact Nick Dale at (301) 907-7490.BETHESDA/CHEVY CHASE – One spa-cious, attractive windowed office available forsublet at prime Connecticut Ave. location lessthan a mile from beltway. Space available forstaff. Quiet, ground floor of Class A building.Easy access and convenient parking forclients. Conference room, kitchen, all ameni-ties. Call Anne DeNovo at (301) 654-1200.NORTH BETHESDA/ROCKVILLE –Corner windowed office with secretarial spacein The Executive Condominium on ExecutiveBlvd. Walking distance to White Flint MetroStation and easy access to Rockville Pike,I-270 and Old Georgetown Rd. Suite withother attorneys has receptionist services, twoconference rooms, photo copier, law library,fax, DSL, and kitchenette. Parking is free totenant, staff and clients. Looking for compat-ible attorneys who may be interested in refer-rals. Contact Larry Kent at (301) 984-1212 [email protected] – Larger interior office inpremier office building on Route 355. Only a5 minute drive to courthouse. Building hasample parking and restaurant. Includes recep-tionist, copier, kitchen, 2 conference rooms,fax, DSL, additional space for secretarial/cler-ical if needed. Available furnished or unfur-nished. Overflow work also available. Call(301) 670-6333.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.GERMANTOWN – Churchill ExecutiveOffice Park – high visibility, convenient toI-270; 1,000 SF end unit; three offices &reception. Call (301) 251-9200.GREENBELT/LANHAM – Office SpaceAvailable – 2 or 3 good sized offices; secretar-ial area and conference room; perfect for sec-ond/satellite office or small practice. Rent andterms are negotiable. Please call Justin Drossat (301) 947-4004.ROCKVILLE/COURTHOUSE AREA –One or two large windowed offices (furnishedor unfurnished) near Courthouse andRockville Metro available for immediate sub-lease. Includes parking, reception area, fax,copier and conference room. Work stationavailable for staff, if desired. Congenialmulti-lawyer suite located at 50 WestMontgomery Ave. Quick walk to District andCircuit Courts and all the amenities of down-town Rockville. Call (301) 315-9400.ROCKVILLE – NEAR COURTHOUSE –Brand New Class A Offices (11 NorthWashington St.–overlooking New RockvilleTown Center!) – 1 windowed office (10 x 14).Shared use of kitchen, copy, fax, cable, highspeed internet, and conference room.Underground parking available. Some refer-ral work possible. Call (301) 251-5480 oremail [email protected] – 18’ x 15’ windowed office intownhouse of small law firm. Walking dis-tance to Metro and Courts. Free parking. Useof reception area, small conference room,library, copier, kitchenette. Call (301) 545-6100.ROCKVILLE – Large corner office with twowindows, available immediately. 1/2 Block toDistrict Court. Includes: receptionist, parking,use of copier, fax, DSL line, kitchen and con-ference room. Fun work atmosphere. CallTrisha at (301) 294-3467.

PAGE 23

WHAT’S NEW ...

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Page 24: THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD …€¦ · CLE Presentation: 5:30p.m. Dinner: 6:30p.m. Program: 7:00-9:00p.m. For pricing and RSVPinformation, please visit our website,

ROCKVILLE – Large window office avail-able for attorney in small suite with otherfriendly folks at 110 North Washington St.Reasonably priced, walk to Metro and newlibrary. Overflow work possible. Call Alice at(301) 738-8220.ROCKVILLE – Office space now available –936 sq. ft. (3 offices and open area) or 514 sq.ft. (two offices). 17 West Jefferson St.–acrossfrom District Court. Can have either, but notboth. Lowest rental cost in Rockville. CallJohn Garza at (301) 340-8200.ROCKVILLE – One large office suite avail-able in law office suite with spectacular viewof the front of the District Court. The Victoriabuilding, at 20 Courthouse Square, Suite 214,Rockville, is conveniently located a fewblocks away from the Circuit Court and direct-ly across the street from the District Court.Amenities include 1 large conference room,kitchen area, parking garage in building andreceptionist/secretary if desired. For furtherinformation, please contact Marc Hall at (301)309-6678 or email [email protected] – One windowed office in abeautiful penthouse suite. Premium officebuilding, adjacent to metro and one blockfrom court. Secretarial space available.Reception area, fax, copier, conference room,kitchen and outdoor terrace with spectacularviews. Indoor garage parking available.Available immediately. Call (301) 340-3003.ROCKVILLE – One windowed office on2nd floor of 2-level office building that has aconference room, kitchen, reception area andfree parking. Walking distance toCircuit/District Courts and Metro.Reasonable rent. Contact Benjamin A.Klopman at (301) 424-0677.ROCKVILLE – Several window offices forrent in bright, quiet, cathedral ceilingRockville 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.

admitted/eligible for DC Bar, have excellentresearch and writing skills, and will welcomedirect client contact. Judicial clerkship,Spanish-speaking helpful. Please fax or emailcover letter, resume and writing sample [email protected], or AngusCrawford at (301) 424-8732. Salary DOE.Located minutes from Metro Red Line.ASSOCIATE – Stein, Sperling, Bennett, DeJong, an established AV rated Rockville, MDlaw firm, has an immediate opening andexcellent opportunity for an associate attorneyfor its family law practice group. Candidatesmust be detail oriented, self-directed and high-ly motivated with a minimum of 1-2 years lawfirm experience in family law. MD Barrequired, DC & VA Bars helpful. Qualifiedcandidate should send resume [email protected] or fax to (301)354-8140.LITIGATION ASSOCIATE – Joseph,Greenwald, & Laake, P.A., an AV-rated, 30-lawyer law firm on the Washington, D.C.Beltway in Greenbelt, MD, seeks a highly-motivated litigation associate with 1 to 2years of experience. This position presents aunique opportunity to join a dynamic practiceand to quickly assume substantial responsibil-ity with one of the area's premier law firms.MD Bar required; DC Bar a plus.Competitive salary and benefits package.EOE. Forward cover letter, resume and writ-ing sample to Cary Hansel (fax: 301-220-2200; [email protected]).CORPORATE/BUSINESS/TRANSAC-TIONAL ASSOCIATE – Samek & Rotbert,LLC, a newly formed law firm with largeclient base, is seeking a cor-porate/business/transactional associate with 3-5 years experience. CPA, financial and/or taxbackground a plus. Good drafting skills amust. Virginia bar a plus. Significant clientcontact and great opportunity for the right can-didate. Interested candidates should emailresumes to: [email protected] LEASING / TRANSAC-TIONAL ATTORNEY – Bethesda AV-ratedlaw firm has an immediate opening for an

PAGE 24

WHAT’S NEW ...(Continued from preceding page) 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 – Two spacious windowedoffices in a brand new luxury suite with use ofconference rooms and break area available.Near metro and courthouse. Potential forplenty of referrals. Please contact (301) 424-1602. Litigators preferred.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.

ATTORNEY POSITIONWANTEDThomas M. Tamm, former assistantstate’s attorney, former capital litigatorfor the Department of Justice, and formerAUSA seeks to associate with a law firm.Please contact Tom at (301) 787-7217 [email protected].

ATTORNEY OPPORTUNITIESASSOCIATE – Associate Attorney sought forfamily law and criminal defense practice.Successful candidate will have 1 or 2 years’work experience (clinical experience accept-ed), be a member of the Maryland Bar and

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PAGE 25

WHAT’S NEW ...ADVERTISERS INDEX

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associate attorney with 2-5 years experiencein commercial real estate, commercial leasing,and/or transactional work. Competitive salaryand benefits. Fax your resume to (301) 961-6525; email to [email protected];or mail resume to: Dennis Dahnert, Bregman,Berbert, Schwartz & Gilday, LLC, 7315Wisconsin Ave., Suite 800-W, Bethesda, MD20814.LITIGATION ATTORNEY w/VA, DC,and/or MD BARS – Bethesda AV-rated lawfirm seeks mid-level litigation associate with 2-5 years experience. Excellent writing and inter-personal skills required. Competitive salaryand benefits. Fax your resume to (301) 961-6525; email to [email protected]; ormail resume to: Dennis Dahnert, Bregman,Berbert, Schwartz & Gilday, LLC, 7315Wisconsin Ave., Suite 800-W, Bethesda, MD20814.LITIGATION ATTORNEY – DC BasedAV-rated law firm specializing in personalinjury seeks an experienced litigator to handlean existing caseload. Must be licensed in MDand DC. Virginia Bar a plus. Salary + bene-fits in excess of 90K annually. Send resumeand cover letter to Hiring Partner, 5 QuelwayCt., North Potomac, MD 20878.LITIGATION ATTORNEY – VanGrack,Axelson, Williamowsky, Bender & Fishman,P.C. in downtown Rockville, MD is a full serv-ice law firm practicing in MD and DC. We arecurrently looking for a Litigation attorney with3-5 years experience who is licensed to practicein the State of MD and preferably Washington,DC and Virginia. This Litigation attorneyshould have interest in practicing in the areas ofpersonal injury, employment law, workers com-pensation, medical malpractice and practicingboth on the trial and appellate level. Strongwriting skills & research ability are required.Competitive Comp/Benefits. Resumes & writ-ing samples will be accepted via fax: (301)424-0124; email: [email protected] or regularmail to Richard Wells, VAWB&F, P.C., 401North Washington St., Suite 550, Rockville,MD 20850.

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Shulman, Rogers, Gandal, Pordy & Ecker,P.A., a dynamic 90+ attorney suburban law firmwith a sophisticated national and regional prac-tice seeks the following attorneys for these fast-growing practice areas: TWO COMMER-CIAL LITIGATION ASSOCIATES: (1) 3+years of experience in a diversified complexcommercial litigation practice. Strong researchand writing skills are required. Trial experienceis not required. (2) 3+ years of experience ingeneral commercial litigation with courtroomexperience. Strong research and writing skillsnecessary. Maryland bar required, D.C. and VAbars preferred. CORPORATE SECURI-TIES: 3+ years of transactional experience withM&A and venture capital. Helpful backgroundincludes knowledge of federal and state securi-ties laws and representation of issuers of securi-ties. ZONING/LAND USE: 3+ years of expe-rience representing landowners, developers andother businesses in obtaining zoning and otherland use approvals. Litigation and contractsexperience is helpful. GOVERNMENT CON-TRACTS: Seeking principal with 5+ years ofexperience. Portable practice required.Excellent practice building and partnershipopportunities. For consideration, submit resumeand writing sample to: Ms. Maura Bowen, Fax(301) 230-2891, Email: [email protected],website: www. shulmanrogers.com.PARTNERSHIP OPPORTUNITY –Pasternak & Fidis, P.C., a profitable 15 attor-ney firm in Bethesda with a sophisticatedMetro DC area practice, is interested in addingpartners in some of our practice specialties thatinclude: Litigation and Dispute Resolution;Business and Commercial Transactions; andEstates and Trusts. If you have developed amastery of your practice area and you haveportable business, please contact Al Pasternakat [email protected]. See ourwebsite (www.pasternakfidis.com) for moreinformation about our firm.

LOOKING FOR SOME ESTATE PLANNINGADVICE FOR YOU OR YOUR CLIENTS?

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The deadline for submission of copy forthe newsletter is the 10th of the month

for the following months’ issue.

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PAGE 26

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

Court Assignments for the Month of February

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PAGE 27

JUDGES SCHEDULES

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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

FEBRUARY1 7:30a.m. District Court Bench Bar Com.

5:30p.m. ☺ Nominations & Elections Com.6 12:15p.m. Bar Association Luncheon

4:30p.m. ☺ Professionalism Committee Mtg.7 8:00a.m. Circuit Court Bench Bar Com.

5:30p.m. Taxation Law Section Meeting8 4:30p.m. ☺ Workers Compensation Section12 11:45a.m. Estate & Trust Law Section

5:00p.m. ☺ Executive Committee Meeting13 7:30a.m. Business Law Section

7:30a.m. Real Estate Law Section14 4:30p.m. ☺ Legal Ethics Committee Meeting15 8:00a.m. Law Firm Management Section

5:30p.m. Family Law Section5:30p.m. ☺ Nominations & Elections Com.

19 President’s Day – HOLIDAY21 Noon ☺ Immigration Law Section

12:30p.m. Circuit Court Chamber Chat6:00p.m. ☺ Federal Practice Section

28 8:00a.m. ☺ Pro Bono Committee Meeting

MARCH1 7:30a.m. District Court Bench Bar Com.6 12:15p.m. Bar Association Luncheon

4:30p.m. ☺ Professionalism Committee Mtg.5:30p.m. CLE Seminar

7 8:00a.m. Circuit Court Bench Bar Com.5:30p.m. Taxation Law Section Meeting

8 8:00a.m. Employment Law Section Mtg.4:30p.m. ☺ Workers Compensation Section

12 11:45a.m. Estate & Trust Law Section5:00p.m. ☺ Executive Committee Meeting

13 7:30a.m. Real Estate Law Section5:30p.m. CLE Seminar

14 8:00a.m. ☺ Intellectual Property Section Mtg.4:30p.m. ☺ Legal Ethics Committee Meeting4:00p.m. New Admittee Courthouse Tour5:00pm. New Admittee Reception5:30pm. Business Law Section Meeting

15 5:00p.m. Lawyer To Lawyer Committee5:30p.m. Family Law Section

16 Noon ☺ Personal Injury Litigation Section20 5:30p.m. CLE Seminar–Rita Rosenkrantz21 Noon ☺ Immigration Law Section28 8:00a.m. ☺ Pro Bono Committee Meeting

8:00a.m. Commercial Litigation Section27 5:30p.m. CLE Seminar–Rita Rosenkrantz29 6:00p.m. New Practitioner Friendraiser30 7:30a.m. ☺ Board of Directors Meeting

Future CalendarMarch 10, 2006 ~ WBA AuctionApril 21, 2007 ~ BAMC Barristers’ Bash ~ RockvilleApril 26, 2007 ~ WBA Take Your Child to Work LuncheonMay 4, 2007 ~ BAMC Annual Meeting & Law Day Celebration

May 17, 2007 ~ WBA Law Day at the Women’s CommissionMay 23, 2007 ~ Bar Revue ~ Rockville Civic CentreSeptember 25 2007 ~ Back to Courts Night