pride in membership, leadership in justice...llewellyen, the average income of the lawyers in...

36
PRESIDENT’S MESSAGE By E. Joseph Fitzpatrick, Jr. As the short days turn in to long nights, and as the work load seems to roll on like the incessant tide, I sometimes hearken back to that legal lumi- nary Dean William Lloyd Prosser. In his remarks to a freshman law school class on the 1st day of law school 70 years ago he admonished his students: "If you try to practice law you will be extremely unhappy. It is a dismal and distressing trade. You will be brought into contact with clients. They are dishonest, corrupt, unrefined, bad-tempered, ill-mannered, disagreeable, and above all unre- munerative. You will not be able to earn a living. According to figures compiled by Professor Llewellyen, the average income of the lawyers in Minnesota for the last 10 years, that is, before the payment of state and federal income taxes, was sixty-four dollars and eighty-three cents. Your wives–if any of you are ever so foolish to marry, which I sincerely trust that none of you will ever do–your wives will be forced to take in washing, or driven to a life of shame. Your children–your children will starve. The cemeteries of Minnesota are filled today with the emaciated bodies of lawyers' children who have died of starvation. I urge you to consider before it is too late what would be your feelings if one of those fragile little bodies should someday be your child? Dean Prosser apparently did not mellow very much when a few years later when he wrote in 1 Jl. Leg. Educ. 260. (Continued on page 4) BAR ASSOCIATION OF MONTGOMERY COUNTY ELECTION NOTIFICATION FOR OFFICERS AND EXECUTIVE COMMITTEE In compliance with Article VII of the Bar Association Constitution, the mem- bership is hereby notified that a General Election for new Officers and Executive Committee will be conducted. Schedule Feb. 24, 2010 Slate printed in newsletter with invitation for petition Mar. 12, 2010 Petition Deadline Mar. 22, 2010 Ballots Emailed to Members April 12, 2010, 2:00p.m. Voting Deadline May 14, 2010 Announcement of Results at the Annual Meeting HIGH SCHOOL MOCK TRIAL COMPETITION The 27th Annual High School Mock Trial Competition will begin in February. Each year, approximately 20 high schools (public and private) throughout Montgomery County compete in a mock trial competition. The mini-trials last approximately two hours and are held in the Circuit Court for Montgomery County. If you have signifi- cant trial experience and are interested in judging one of the competitions, please con- tact Program Chairs, Bradford S. Bernstein or Casey Moore at 301-762-1600. BAMC TO HOST RED CROSS BLOOD DRIVE Friday, February 12, 2010 9AM - 3PM ~ CLE Classroom Please call Cindy at 301-762-8376 to schedule your appointment. THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD THE BAR ASSOCIATION OF MONTGOMERY COUNTY, MD Volume 57, Issue 8 February 2010 N EWSLETTE R N EWSLETTE R Inside This Issue 3 Current Update 7 A Balancing Act ... 9 Tech Talk 10 New Practitioners 11 Committees/Sections Insert Joint Membership A Meeting Form Insert WBA Triennial B Auction Form Insert Bar Foundation C CLE Brochure Insert New Admittee D Courthouse Tour & Reception Insert Support Our E Sitting Judges 16 Pro Bono 17 Specialty Bar Associations 19 Rent/Lease Ads 20 Attorney Positions Available 22 States Attorney Schedules 23 Judges Schedules 24 Calendar BAR LUNCHEON SCHEDULE February 2, 2010 – Speaker: Judge Mary Ellen Barbera, Court of Appeals of Maryland March 2, 2010 April 6, 2010 Rockville United Methodist Church, 112 West Montgomery Ave., Rockville, MD 20850 12:15p.m. - 1:00p.m. If you have a dietary restriction and require a special meal, please contact Cindy at [email protected] at least 1 week prior to the luncheon. Please indicate what type of dietary restriction you have. PLEASE NOTE ... We must receive your request in writing at least 1 week in advance of the luncheon so that we can accommodate you. Pride in Membership, Leadership in Justice

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Page 1: Pride in Membership, Leadership in Justice...Llewellyen, the average income of the lawyers in Minnesota for the last 10 years, that is, before the payment of state and federal income

PRESIDENT’S MESSAGEBy E. Joseph Fitzpatrick, Jr.

As the short days turn in tolong nights, and as the workload seems to roll on like theincessant tide, I sometimeshearken back to that legal lumi-nary Dean William LloydProsser. In his remarks to afreshman law school class onthe 1st day of law school 70years ago he admonished his

students:"If you try to practice law you will be extremelyunhappy. It is a dismal and distressing trade. Youwill be brought into contact with clients. Theyare dishonest, corrupt, unrefined, bad-tempered,ill-mannered, disagreeable, and above all unre-munerative. You will not be able to earn a living.According to figures compiled by ProfessorLlewellyen, the average income of the lawyers inMinnesota for the last 10 years, that is, before thepayment of state and federal income taxes, wassixty-four dollars and eighty-three cents. Yourwives–if any of you are ever so foolish to marry,which I sincerely trust that none of you will everdo–your wives will be forced to take in washing,or driven to a life of shame. Your children–yourchildren will starve. The cemeteries ofMinnesota are filled today with the emaciatedbodies of lawyers' children who have died ofstarvation. I urge you to consider before it is toolate what would be your feelings if one of thosefragile little bodies should someday be yourchild?

Dean Prosser apparently did not mellow verymuch when a few years later when he wrote in 1 Jl.Leg. Educ. 260.

(Continued on page 4)

BAR ASSOCIATION OFMONTGOMERY COUNTYELECTION NOTIFICATIONFOR OFFICERS ANDEXECUTIVE COMMITTEE

In compliance with Article VII of theBar Association Constitution, the mem-bership is hereby notified that a GeneralElection for new Officers and ExecutiveCommittee will be conducted.

ScheduleFeb. 24, 2010 Slate printed in newsletter

with invitation for petitionMar. 12, 2010 Petition DeadlineMar. 22, 2010 Ballots Emailed to MembersApril 12, 2010, 2:00p.m. Voting DeadlineMay 14, 2010 Announcement of Results

at the Annual Meeting

HIGH SCHOOL MOCKTRIAL COMPETITION

The 27th Annual High School MockTrial Competition will begin in February.Each year, approximately 20 high schools(public and private) throughout MontgomeryCounty compete in a mock trial competition.The mini-trials last approximately two hoursand are held in the Circuit Court forMontgomery County. If you have signifi-cant trial experience and are interested injudging one of the competitions, please con-tact Program Chairs, Bradford S. Bernsteinor Casey Moore at 301-762-1600.

BAMC TO HOST RED CROSSBLOOD DRIVE

Friday, February 12, 20109AM - 3PM ~ CLE ClassroomPlease call Cindy at 301-762-8376 to

schedule your appointment.

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

Volume 57, Issue 8 February 2010

NEWSLETTERNEWSLETTERIn

side

Thi

s Is

sue

3 Current Update

7 A Balancing Act ...

9 Tech Talk

10 New Practitioners

11 Committees/SectionsInsert Joint MembershipA Meeting FormInsert WBA Triennial B Auction FormInsert Bar Foundation C CLE BrochureInsert New Admittee D Courthouse Tour &

ReceptionInsert Support OurE Sitting Judges16 Pro Bono

17 Specialty BarAssociations

19 Rent/Lease Ads

20 Attorney PositionsAvailable

22 States AttorneySchedules

23 Judges Schedules

24 Calendar

BAR LUNCHEON SCHEDULEFebruary 2, 2010 – Speaker: Judge Mary Ellen Barbera, Court of Appeals of Maryland

March 2, 2010 April 6, 2010Rockville United Methodist Church, 112 West Montgomery Ave., Rockville, MD 20850

12:15p.m. - 1:00p.m.If you have a dietary restriction and require a special meal, please contact Cindy at

[email protected] at least 1 week prior to the luncheon. Please indicate what type ofdietary restriction you have.

PLEASE NOTE ... We must receive your request in writing at least 1 week in advance ofthe luncheon so that we can accommodate you.

Pride in Membership, Leadership in Justice

Page 2: Pride in Membership, Leadership in Justice...Llewellyen, the average income of the lawyers in Minnesota for the last 10 years, that is, before the payment of state and federal income

2 The Bar Association of Montgomery County, MD Newsletter February, 2010

FOR YOUR INFORMATION

2009-2010Officers and Chairs

ASSOCIATION OFFICERS President: E. Joseph Fitzpatrick, Jr.President-Elect: Patricia M. WeaverTreasurer: Richard H. MelnickTreasurer-Elect: Audrey A. CreightonSecretary: Stephanie L. FinkPast President: Paul B. DeWolfeExecutive Director: Julie PetersenEXECUTIVE COMMITTEEBradford S. BernsteinBibi M. BerryThomas M. DeGonia, IICharles L. FrederickHeather Q. HostetterElizabeth G. LoggiaThomas P. RyanJames C. SavageDeborah L. WebbClark E. Wisor, IIICarlotta A. WoodwardAlan S. Zipp

New Practitioners Co-Chairs:Heather S. Collier & Andrew L. Schwartz

COMMITTEE CHAIRS Assoc./Found. – Ann. Mtg. & Law Day – Audrey A. Creighton, Chair –

(240) 773-9603Bench/Bar-Circuit – David C. Merkin, Co-Chair – (301) 251-1180 &

Mimi L. Magyar, Co-Chair – (301) 986-1300Bench/Bar-District Court – Richard D. London, Chair – (301) 588-6900Catastrophic Health Emergency – Paul S. Lewis, Chair – (301) 840-8565Courthouse Construction – Mary Ellen Flynn, Chair – (301) 563-6685Fee Dispute Resolution – Carlos M. Lastra, Co-Chair – (301) 869-1700;

David W. Lease, Co-Chair – (301) 838-8950; Karen Robbins,Co-Chair – (301) 260-0223 & Deborah L. Webb, Co-Chair –(301) 657-0725

Judicial Selections – Jo B. Fogel, Chair – (301) 468-2288Larry A. Ceppos, Vice Chair – (301) 251-0440

Lawyer to Lawyer – F. Patrick Kelly, Chair – (301) 279-5600Lawyer Referral – Jeffrey Van Grack, Co-Chair – (301) 657-0159 &

Dawn E. Bowie, Co-Chair – (301) 637-4946Legal Ethics – Jeffrey M. Axelson, Co-Chair – (301) 738-7650 &

Samuel M. Shapiro, Co-Chair – (301) 340-1333Legislation – Hadrian N. Hatfield, Chair – (301) 230-6575Strategic Planning – David A. Pordy, Chair – (301) 230-5205 Nominations & Elections – Holly D. Reed, III, Chair – (301) 587-9480Professionalism & The Quality of Life - Wendy B. Karpel, Chair –

(240) 777-6726 Social – Kathleen A. Dolan, Co-Chair – (301) 608-3000 &

Neal W. Tyra, Co-Chair – (301) 315-0811Softball – Scott D. Nelson, Chair – (301) 762-7770Specialty Bar Associations – Susan Silber, Chair – (301) 891-2200Technology – C. Sei-Hee Arii, Co-Chair – (301) 762-8545 &

P. Lindsay Parvis, Co-Chair – (301) 340-9090Unauthorized Practice of Law – Ronald M. Abramson, Chair –

(301) 9172358Youth Courthouse Project – Holly D. Reed, III, Co-Chair –

(301) 587-9480 & Patricia P. Via, Co-Chair – (240) 777-6721SECTION CHAIRS Alternative Dispute Resolution – Eric C. Johnson, Co-Chair –

(301) 977-8002 & Judith A. Mustille, Co-Chair – (301) 424-1720Animal Law – Mindy Felinton, Co-Chair – (301) 237-9696 &

Barbara R. Graham, Co-Chair – (301) 294-3467Business Law – Demetrios Datch, Co-Chair – (301) 961-5164 &

James M. Peppe, Co-Chair – (301) 951-1500Commercial Litigation – J. Bradford McCullough, Co-Chair –

(301) 657-0734 & Jeffrey M. Schwaber, Co-Chair – (301) 838-3210Criminal Law – Marc R. Emden, Co-Chair – (301) 762-7007 &

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

Lynndolyn Mitchell, Co-Chair – (301) 340-2541Elder Law – Harold Krauthamer, Chair – (301) 951-0240Employment Law – Laurel N. Anchors, Co-Chair – (301) 990-6065 &

Gwenlynn W. D’Souza, Co-Chair – (301) 452-1888Estates & Trusts – Jay M. Eisenberg, Chair – (301) 230-5223Family Law – Geoffrey S. Platnick, Co-Chair – (301) 231-0927 &

Clark E. Wisor, III, Co-Chair – (240) 777-9044Federal Practice – Charles F. Chester, Co-Chair – (301) 294-2500 &

Chaya Kundra, Co-Chair – (301) 424-7585 & Alan B.Sternstein, Co-Chair – (301) 230-5226

Health Law – To Be AnnouncedImmigration – Matthew R. Glinsmann, Chair – (301) 987-0030Intellectual Property & Technology – Jeffrey I. Auerbach, Co-Chair –

(301) 424-3640 & Michael L. Greenberg, Co-Chair – (202) 625-7000Juvenile Law – Stephanie L. Joseph, Co-Chair – (240) 773-9639

& Carlotta A. Woodward, Co-Chair – (301) 424-6366 Law Firm Management – David M. Schoenfeld, Chair – (240) 243-7200New Practitioners – Heather S. Collier, Co-Chair – (301) 340-9090 &

Andrew L. Schwartz, Co-Chair – (301) 838-3327Mentor/Mentee (sub of New Practitioners) - Marc W. Boland,

Co-Chair – (301) 656-2707 & Peter L. Casciano, Co-Chair –(301) 563-6685

Chamber Chats – Laura Gagliuso, Chair – (301) 838-3214Personal Injury Litigation – Hong S. (Paul) Chung, Co-Chair (Plaintiff) –

(301) 230-5230 & Andre M. Forte, Co-Chair (Defense) – (410) 528-7736Real Estate – Matthew D. Alegi, Co-Chair – (301) 230-6574 &

Alexis H. Peters, Co-Chair – (301) 255-0538Taxation – Chaya Kundra, Co-Chair – (301) 424-7585 &

To Be Announced, Co-Chair – Workers Compensation Law – Brian P. Riley, Co-Chair –

(301) 948-0922 & Matthew S. Tidball, Co-Chair – (301) 762-7770

BAR ASSOCIATION OF MONTGOMERY COUNTY, MDNEWSLETTER

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

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

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

POSTMASTER:Send address changes to:

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

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

FOR LAWYERS WHONEED HELP

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

All calls are strictly confidential.F. Patrick Kelly, ChairPhone: (301) 279-5600

E-mail: [email protected]

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

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

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

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

[email protected]

} Lawyer Referral Service Operator . . . . . . . . . . . . . . . . . . (301) 279-9100Yesenia Lawyer Line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (301) [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]

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

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

FRIENDS OF BILL W.LAWYER MEETING

For time and location of the meetings, pleasecall Lawyer-to-Lawyer Committee member, DanGaskill at (301) 279-7400.

x Please Note New Bar Staff Email Addresses w

BAR FOUNDATION OFFICERS(Effective July 1, 2009)

President: Paul B. DeWolfePresident-Elect: E. Joseph Fitzpatrick, Jr.Treasurer: Nancy A. SachitanoAssistant Treasurer: Richard H. MelnickSecretary: James A. Mood, Jr.Past President: Mary Ellen FlynnBOARD OF DIRECTORS

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

(301) 657-0176 & William C. Davis, III, Co-Chair – (301) 230-5217Continuing Legal Education – VACANT, ChairDiversity Award – Charles B. Day, Chair – (301) 344-0393CLE Breakfasts – Diana H. Metcalf, Chair – (301) 251-6707Endowment – Joseph P. Suntum, Chair – (301) 762-5212Facilities – Patrick C. McKeever, Chair – (301) 762-5212Fall Outing – James R. Hammerschmidt, Co-Chair – (301) 951-9338 &

Alison W. Rind, Co-Chair – (301) 657-0750 Governance – Nancy A. Sachitano, Chair – (301) 657-8805Pro Bono – VACANT, ChairSchool Mock Trial – Bradford S. Bernstein, Chair – (301) 762-1600Speakers Bureau – Ivonne C. Lindley, Chair (Public Division) – (301) 833-3217

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

Michael G. BanksHon. Mary Ellen BarberaDouglas M. BregmanEun (Jeannie) K. ChoGlenn M. CooperHon. Charles B. DayHon. Ann S. HarringtonRobert B. HetheringtonHon. Eric M. JohnsonPaul F. KempSusan S. MagazineMimi L. MagyarRachel T. McGuckian

Patrick C. McKeeverCamilla O. McRoryA. Howard MetroJohn C. MonahanRobert C. Park, Jr.David A. PordyRichard S. StolkerHarry C. StormJoseph P. SuntumHon. Roger W. TitusDonna E. Van ScoyMarvin Waldman

Page 3: Pride in Membership, Leadership in Justice...Llewellyen, the average income of the lawyers in Minnesota for the last 10 years, that is, before the payment of state and federal income

A NOTE OF THANKS The Miller Family extends a warm

thank you to the Judges of MontgomeryCounty and the Lawyers of theMontgomery County Bar Association forthe cards, flowers, wishes, thoughts andprayers offered upon the passing of the lateJudge William C. Miller. The knowledgethat he was so greatly admired and lovedby so many has been a source of comfortduring this difficult period. We cherish hismemory along with the kindness and grat-itude expressed by those who knew him.

Jenny Miller

CIRCUIT COURT FAMILYDIVISION

The Juvenile Bench Bar schedule for2010 is set out below. Please note thatbeginning in January these meetings willno longer occur in Courtroom 20. Allmeetings commence at 12:30 p.m. Thereare no meetings in August and December.

CINA Bench Bar,Courtroom #18, 12:30 p.m.

Wednesday, March 17, 2010

Wednesday, May 19, 2010Wednesday, July 21, 2010Wednesday, October 20, 2010

DELINQUENCY Bench Bar,Courtroom #19, 12:30 p.m.

Thursday, February 18, 2010Thursday, April 15, 2010Thursday, June 17, 2010Thursday, September 16, 2010Thursday, November 18, 2010

In an effort to place written reportsfrom the Office of the Evaluator into thehands counsel representing a party asquickly as possible before merits, theFamily Division has adjusted its policy fordistribution of those reports. EffectiveJanuary 4, 2010, reports are now faxed tocounsel for the parties, thereby avoidingany delays that might occur while waitingon mail or in person pick up. Self repre-sented litigants will continue to pick uptheir reports in room 220.Madeleine Jones, Family Division Coordinator

CIRCUIT COURT NOTES The Differentiated Case Management

(DCM) Working Groups continued to

meet in January, with meetings scheduledat the time of writing for January 14 and27 for the Criminal DCM Working Groupand on January 21 for the Civil DCMWorking Group, with Working Groupfocusing on the revisions of Tracks 3 and 4of the respective DCM plans. Resultingdraft revisions were circulated to the Barfor commentary and feedback in January,with review of the remaining Tracks tobegin in February.

The commitment of the DCMWorking Group Members to improvingthe Criminal and Civil DCM plans hasbeen enthusiastic and unflagging, and to

CURRENT UPDATE

February, 2010 The Bar Association of Montgomery County, MD Newsletter 3

Karen Federman Henry . . .240-777-6761Christiane Sorel . . . . . . . . .301-299-1838For 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

(Continued on page 6)

Page 4: Pride in Membership, Leadership in Justice...Llewellyen, the average income of the lawyers in Minnesota for the last 10 years, that is, before the payment of state and federal income

4 The Bar Association of Montgomery County, MD Newsletter February, 2010

"Your lawyer in practice spends a con-siderable part of his life in doing dis-tasteful things for disagreeable peoplewho must be satisfied against animpossible time limit in which arehourly interruptions from other dis-agreeable people who want to derailthe train; and for his blood, sweat, andtears, he receives in the end a fewunkind words to the effect that it mighthave been done better, and a protest atthe size of the fee.

Yet, notwithstanding Prosser's obser-vations of many decades ago, I also amreminded that the practice of law mayvery well be the Greatest Show on Earth(with all due respect to the RinglingBrothers & Barnum & Bailey Circus).The humorous stories are legion, and somany of them true.

The late and truly wonderful JudgeWilliam Miller issued a bench warrant ina criminal proceeding when a defendantfailed to appear. Following a brief collo-quy between defense counsel and theprosecutor, Judge Miller was advised thatthe reason the defendant was not presentwas due to his being a patient at Clifton T.Perkins Mental Hospital as a result of thediagnosis of schizophrenia. Withoutmissing a beat, Judge Miller simply stat-ed "In that case, issue two bench war-rants."

To know Judge Latham is to appreci-ate this story. Court was in session and hewas in a full recline in his massive leatherchair. He has argued since that eventfulday that he was deep in thought. Therecline continued until he was "ass overtea kettle." He simply fell out of his chair.Maintaining a straight face in his court

room was often difficult. It became hard-er after that day.

I read about a recent oral argument inthe Supreme Court. While at the podium,counsel indicated that the justice's ques-tion was not necessarily relevant to thecase by stating "I think that issue isentirely orthogonal to the issue here," hesaid. The word is a math term meaningthings are perpendicular or at right angles(I know this only because the article saidso!), but the attorney used it to mean thattwo propositions are irrelevant. That turnof phrase clearly got the attention ofChief Justice John G. Roberts Jr. "I'msorry. Entirely what?" he said."Orthogonal," counsel replied. "Rightangle. Unrelated. Irrelevant." Not to beoutdone, Justice Antonin Scalia jumpedin. "What was that adjective? I likedthat," he said. "I think we should use thatin the opinion," Scalia later added. "Orthe dissent," said Roberts. And to thinkwe thought the Supreme Court justiceswere all stodgy.

PRESIDENT’S MESSAGE, cont’d

(Continued from page 1) Then there is the infamous exchangebetween an attorney and a shooting vic-tim, who was on the witness stand: "Wereyou shot in the fracas?" To which the wit-ness responded "No, I was shot in theleg."

On the civil front, a witness wasasked about a car accident in which hewas involved. The attorney repeatedlyasked "What gear were you in when theaccident occurred?" The witnessresponded "Nike shoes and Reeboksweats."

In a seemingly routine situation, ayoung female interviewer for the PublicDefender's Office in Florida repeatedlysigned in to visit an inmate at a local jailon behalf of his legal team. The sheriff'sdeputies launched an investigation inresponse to an anonymous tip, they dis-covered that the inmate was actually rep-resented by private counsel in hiscocaine-trafficking case. By law, deputiesaren't allowed to monitor private rooms atthe jail where defendants meet with their

A comprehensive approach to DWI/DUI

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

METRO COUNSELINGSERVICES, INC.

Page 5: Pride in Membership, Leadership in Justice...Llewellyen, the average income of the lawyers in Minnesota for the last 10 years, that is, before the payment of state and federal income

February, 2010 The Bar Association of Montgomery County, MD Newsletter 5

claimed counsel. By reviewing recordedphone calls between the 30-year-oldinmate and the PD employee, however,they gathered evidence that the twoallegedly were having sex behind theclosed doors of the interview roomsrather than discussing legal issues. Theemployee is now facing her own criminalcharges.

Florida International UniversityCollege of Law, Professor Tom Baker,has just published a terrific bibliographyof law review humor in the Drake LawReview. The title, which is almost as longas the bibliography, is: "A Compendiumof Clever and Amusing Law ReviewWritings: An Idiosyncratic Bibliographyof Miscellany with In Kind AnnotationsIntended as a Humorous Diversion for theGentle Reader." For those of us thatappreciate the merriment of it all, thisshould be a ready reference.

As it turns out, Prosser's curmud-geonly advice was misplaced. The fewvignettes described above are all part andparcel of our everyday professional lives.When the pressures of the job seem insur-mountable, step back and replay in your

mind those similar incidents in which youhave either been involved or which youhave heard about from colleagues. Laughoften. It is good for the soul. In doing so,it is easy to see that ours is indeed a mostentertaining profession.

On a much different note, and given

PRESIDENT’S MESSAGE, cont’d

comments I have received from the fewpeople who actually read this column, let-ters to me are not only encouraged butwelcomed. In the unlikely event the let-ters are complementary they are likely tobe published. All others will, of course,be burned! :-)

Sign up for the Bar AssociationLawyer Referral Program

~• Currently 200 attorney members• Telephone referrals 9:00am – 5:00pm Monday - Friday• Over 600 cases referred each month• Online Referral System• 35 practice areas• Monthly Referral Status Reports

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

For more information contact Maria at 301.424.7040 or [email protected]

Could you use more clients?

Page 6: Pride in Membership, Leadership in Justice...Llewellyen, the average income of the lawyers in Minnesota for the last 10 years, that is, before the payment of state and federal income

CURRENT UPDATE

dents, all interested in a career in law,will perform community service hours ininternships which allows these studentsto apply their studies to the field of law.Thank you to BCC high school and thestudents in Ms. Tobi Starin's law classfor inviting me to present a class oncriminal law and to share war storiesfrom cases in the real world and also toMeg McKinney for volunteering atBethesda Chevy Chase High School.The students asked interesting questionsand expressed their interest in learningabout law. The School Education andMentoring Program is a tremendous wayto help young people learn about ourprofession and to provide them with theopportunity to actually be a part of thelegal field in an internship. Please giveof yourself by volunteering with thisprogram. Spring Career Day for allschools will be held during the monthsof March-May. Please contact me [email protected] to volunteerto speak at a school or to offer your firmor your time as a Mentor to high schoolstudents.

Rene Sandler, Chair

these busy individuals we owe a continu-ing debt of gratitude. Equally gratifyinghas been the feedback of members of theBar who have taken the time to write let-ters or otherwise communicate their per-spective and make constructive contribu-tions to the process. It is a reminder thatthe strength of any justice systemdepends as much upon the dedication ofits bar as upon the commitment to serviceof its court officials and staff.Montgomery County is fortunate indeedto have both in abundance. The contribu-tion and feedback process will continuethroughout the DCM review; please con-tinue to provide any feedback or otherproposals as you find appropriate. Thiscan be done either via the practitionerswho are Working Group Members* ordirectly to Suzanne Schneider, DCMCoordinator, who will report all suchfeedback to the group. She can bereached at 240-777-9358 or by email:[email protected].

John W. Debelius,Administrative Judgefor Montgomery County, Maryland

*Civil DCM Working Group (mem-bers of the bar): Lynn Ahlers, KenArmstrong, Charles (Chuck) Frederick,Susan S. Magazine, and Jeff Schwaber.Criminal DCM Working Group (mem-bers of the bar): State's Attorney JohnMcCarthy, Deputy State's AttorneyLaura Chase, Acting Public DefenderBrian Shefferman, Reg Bours, HowardCheris, Tom DeGonia, and CarlottaWoodward.

THE LAWYERS' LITERARYCIRCLE

On Thursday, February 11th wewill be discussing The YiddishPolicemen's Union, by Michael Chabon.The movie version will be coming out onFebruary 12th, and some members ofour group are planning to see this film atthe Regal Rockville Center 13. Pleaselet me know if you are interested ingoing with us.

For March our plan is to discuss Mrs.Warren's Profession, by George BernardShaw, and then go to the ShakespeareTheatre to see a performance of this play,sometime between June 8 to July 11,2010. If you are interested in attending,please let me know.

In April, we will be discussing The

Leopard (Italian: Il Gattopardo), byGiuseppe Tomasi di Lampedusa, however,our discussion will be in English! Thisbook is set against the political upheavalsof Italy in the 1860s, and it has been saidto be one of the greatest historical novelsof all times.

With some rare exceptions, all of ourmeetings are held in the offices of Miles& Stockbridge P.C., 11 North WashingtonStreet, Suite 700, Rockville, Maryland20850, and begin at 4:30 in the afternoon.

Jim Demma, (301) 762-1600

BAR FOUNDATION SCHOOLEDUCATION ANDMENTORING PROGRAM ISA SUCCESS

The School Education andMentoring Program is halfway throughthe Montgomery County Public Schoolyear and has had great success. BCCand Wooton High Schools have alreadyutilized the Mentoring Program andhave excited students placed for intern-ships with law firms and other legalenvironments for the Spring. These stu-

6 The Bar Association of Montgomery County, MD Newsletter February, 2010

AOC/ADAAApproved and Certified – Fully Confidential

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DWI SERVICESPre-Trial Evaluations • 6-Week DWI Program26-Week DWI Program • Intensive OutpatientDomestic Disputes • Child Custody Evaluations

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Phone: 301.345.1200 Phone: 301.423.0967

24 Hour Voice Mail: [email protected]

http://www.insighttreatmentcenters.net

INSIGHT TREATMENTCENTERS

(Continued from page 3)

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sent by Chief Judge Bell. In Dutta v.State Farm, 363 Md 540, 769 A.2d 948(2001), the Court held that an insuredcould collect PIP benefits for medicalbills, even though the health insurer hadpreviously paid the bill. Judge Bell dis-cusses Dutta and the cases that follow.His analysis totally supports the classaction plaintiffs' arguments that it isimproper for a health insurer to providethat its payments are secondary to PIP.

PERSONAL INJURY APPELLATE DECISION ... by Marvin Waldman

February, 2010 The Bar Association of Montgomery County, MD Newsletter 7

In MAMSI Life and Health v. Wu,_____ Md. _____, _______ A.2d_______, (Court of Appeals, Misc. No. 8,September Term 2008; filed October 20,2009), the Court (in a 6 to 1 decision)held that restrictions pertaining to thecoordination of insurance policies in Md.Code, Section 19-507(b) of the InsuranceArticle do not prohibit nor restrict theability of health insurers and HMOs torequire the exhaustion of Personal InjuryProtection (PIP) before the health insureror HMO would be required to issue anypayments. This holding was in responseto a certified question submitted by theUnited States District Court of Marylandin its consideration of a class action chal-lenging the health insurer's actions.

Section 19-507(b) cited above pro-vides that no-fault PIP benefits arepayable without regard to collateralsources of medical, hospital, or wagecontinuation benefits. It allows for coor-dination of benefits subject to reductionsin premiums approved by the InsuranceCommissioner. It further gives theinsured the right to designate which poli-cy is primary or to reject coordination.

The majority's holding is based uponthe location of Section 19-507 in the auto-mobile insurance portion of the Code.Section 15-104 of the Insurance Article inthe health insurance portion of the Codeallows nonduplication and coordination ofbenefits regarding health insurers andHMOs with the approval of the InsuranceCommissioner. HMOs are regulated bythe Maryland Health MaintenanceOrganization Act set forth in the Health-General Article Sections 19-701 et seq.Section 19-713 of that Article allows sub-

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rogation and coordination of benefits, butprecludes subrogation against a PIP recov-ery. The majority reasoned that Section19-507(b) was intended to cover coordina-tion among different automobile insurancecoverages and that had the Legislatureintended to preclude a health insurer orHMO from placing its benefits secondaryto PIP, it would have specifically providedfor that in the Health-General Article in thesame way it prohibits subrogation.

I recommend that you read the dis-

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

If procrastination is a problem for you it can create unnecessary stress. Lookingat the reasons you procrastinate can help you understand that you can overcome it.There is usually an irrational reason why you put off for tomorrow what you can dotoday. Fear of making a mistake is a big reason. So is the fear of losing respect,being embarrassed or rejected, or not being able to do it.

In my stress classes at the University of Maryland, students must choose anineffective and stressful behavior to change during the semester. Over half of mystudents choose procrastination. Many of those students find that the Nike sloganof "Just do it" is the best way to overcome fear. Combining "just do it" with somebreak through physical exercise seems to have the most success for both my studentsand my coaching clients.

Most people decide to change their behaviors when they get them into trouble.Does your procrastination get you into trouble? Why do you procrastinate? Canyou "just do it"? If you can, you can reduce a large part of the stress you hold andhave a healthier and more balanced life.

Geoff Gilbert is a former practicing CPA at Ernst & Young and business attorney inMontgomery County. He now coaches Lawyers, CPA's and Executives to help them managetheir practices better and teaches stress related courses at the University of Maryland inCollege Park. You can reach him through his website at www.executive-coach-for-lawyers.com.

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8 The Bar Association of Montgomery County, MD Newsletter February, 2010

COMMENT: "Coordination," tech-nically, is not "subrogation." However,the effect of the majority's opinion is toallow a health insurer to force a victim touse PIP instead of health insurance. Ineffect, it becomes what I would looselycall "subrogation without actual pay-ment." For example, a victim mightintend to have PIP pay for lost wages, orfor a medical provider not in theclaimant's health insurance plan. If ahealth care provider (hospital or individ-ual) submits its claim before the patientcan obtain documentation of wage loss,he or she would be deprived of a benefitthat one would expect no-fault insuranceto cover. There is nothing "Personal"about "Personal Injury Protection" whenan insurance company instead of the per-son paying the premium dictates how theautomobile insurance policy will be used.

Also, the interpretation potentiallyfavors some health providers over others.Health insurers negotiate reduced rates ofreimbursement with providers. Thus, a

hospital or Doctor A may receive 100%of a charge, while Dr. B receives only50%, even though all of them participatein the same plan, simply because the pol-icy was exhausted before Dr. B's bill wasplaced in line for payment.

Given the nature of this holding, ifthe Legislature intends to specifically

PERSONAL INJURY APPELLATE DECISION ... by Marvin Waldman

apply Section 19-507(b) to health insurersand HMOs, new legislation is needed. Itis my understanding that legislation isbeing introduced in the current legislativesession to address this.

If you have any comments or wish todiscuss this further, please contact me [email protected] or 301-933-4500.

(Continued from preceding page)

SAVE THE DATE ...~

116th Annual Meeting & Law Day Celebration

Friday, May 14, 2010 ~ 8:00a.m.-2:30p.m.

Bethesda North Marriott Hotel & Conference Center5701 Marinelli Rd.

North Bethesda, MD 20852

Keynote Speaker:Martin O’Malley, Governor of Maryland

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TECH TALK ... by Pat Hoover

February, 2010 The Bar Association of Montgomery County, MD Newsletter 9

iPhone App Update - Here are a fewof the latest applications I've been usingas a part of my new iPhone. I just got the3GS which is Apple's latest iPhone ver-sion by purchasing a like new model froma relative who recently switched to thenew Version Droid. My 3GS is only threemonths old and by getting it in the aftermarket, I avoid the necessity of having tosign on for another two year contract hadI bought the phone new from AT&T.

As most know, Apple's iPhone 3GSwhich has been out for several months, isa better cell phone/PDA solution to thoseof us who want it all–a good cell phoneand a mini-computer with multiple appli-cations and functions–right there in yourhand available for instant use 24/7. Thetwo big improvements in the 3GS versionover the older models go to the dramati-cally increased amount of onboard mem-ory in the processor and the ability to takevery nice videos. In addition, there is abuilt in voice dial function, compass anda couple of other additions to the latestApple cell phone thrown in.

You might be interested in hearing alittle about a few of the newer applica-tions for the iPhone I've been using. TheVoice4Mail is pretty neat. By bundling asmall run time version of the needed soft-ware which makes it usable by any recip-ient cell phone, you can simply record amessage on your iPhone and send it outby email to the person or persons youwant to reach and they then merely clickon the email and your recorded messageis played for the recipient of your email.This one, like most these days, worksmuch better in a fast Internet environmentlike 3G or a fast wifi connection.

I have also gotten a lot of use out ofa GPS automobile drive/directions navi-gation program for the iPhone called GPSDrive MotionX. It's actually free unlessyou want the added feature of the voicedirections and that's really inexpensive,as by the way is the cost of theVoice4Mail program - only a couple ofbucks. What I enjoy about the MotionXGPS navigation app is that it gives theuser a choice of real time views of thedirections and route in making your wayto your destination. You can see both asimple map or you can use the satelliteversion and get a better and more realisticview. For sure the iPhone default map

program has similar views but not withthe accuracy and rerouting capability ofthe MotionX.

Most of us in this County useComcast cable unless we are fortunateenough to get the faster and better Fiosconnection offered in much of the regionby Verizon. Either way, if you need tocheck for the time and date of a particularbroadcast, the iPhone has an app for thattoo. I use Comcast because out in thewilds of my northern suburb, we don'thave a fios connection. Anyway,Comcast and all the TV providers in theregion offer a number of free and usefullittle apps for the iPhone so you won'tmiss your broadcast time ever again. Interms of relaxation, I have been using myiPhone Kindle a good deal and reallyenjoy the ability to quickly downloadnewly published NY Times best sellersfor a fraction of their hard copy cost andread these on my iPhone at my leisure.And before you think it, my vision isn't

great but the Kindle allows for that withincreased font sizing and more tricks thatmake it very easy to use and extremelyconvenient. I have probably a dozenbooks on my new iPhone and love theability to access them at will when ever Ichose.

So, if any of these apps are of inter-est, simply go to iTunes and check themout through a simple search on the namesI've listed. In a while I hope to get a bitmore attorenycentric in this column andshow you a few of the newer iPhone appsI frequently use on the job!

The deadline for submissionof copy for the newsletter is

the 10th of the month for thefollowing months’ issue.

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10 The Bar Association of Montgomery County, MD Newsletter February, 2010

NEW PRACTITIONER SECTION

The New Practitioners Sectionwould like to thank the ADR Section forputting on a very informative presenta-tion regarding alternative dispute resolu-tion last month.

On Tuesday, March 16, 2010, theNew Practitioners Section will be hostingthe annual Spring New AdmitteeCourthouse Tour and Reception. This is agreat opportunity to learn the basics aboutthe Montgomery County CircuitCourthouse. The group will be addressedby several members of the judiciary andcourthouse staff during the tour and wewill end with a reception in the CourthouseAtrium where we will be joined by othermembers of the Montgomery County BarAssociation. The tour will begin promptlyin the Circuit Court atrium at 4:30 p.m.followed by the reception at 5:30 p.m.Please email your RSVP to AndrewSchwartz ([email protected])by March 8, 2010 if you are interested inattending the tour or reception. We hope tosee you there!

Our next Section meeting will be heldon Wednesday, February 17, 2010 at5:30 pm in the Bar Association ConferenceRoom in the Bar Association Building.Bring your ideas, suggestions and com-ments for future meetings and events. Wewill not host a section meeting in March inlight of the New Admittee Tour andReception. Our April meeting will be heldon Wednesday, April 21, 2010.

We have also scheduled our SpringFriendraiser for Thursday, April 29, 2010,5:30 p.m. at Buffalo Wild Wings located inthe Rockville Town Center. Additionalinformation will be forthcoming.

Stay tuned for other great upcomingevents, programs, happy hours, and com-munity service projects.

CHAMBER CHATSTake advantage of the opportunity to

meet and speak with Judge Eric Johnson.Judge Johnson will be hosting a chamberchat on February 10, 2010 at 12:30pm.

Judge Johnson recently transferred intothe criminal/general rotation and willalso hear civil motions. The Judge'schambers are located in the Circuit Courtbuilding at 50 Maryland Avenue, 9thFloor, Room 911. Please feel free tobring a bag lunch and any questions youmight have for Judge Johnson. For ques-tions or more information, please contactLaura Gagliuso at 301-838-3214 [email protected]..

NEW ADMITTEECOURTHOUSE TOUR &RECEPTION

March 16, 2010

All BAMC Members are invited towelcome the newest members of theMaryland Bar.

The tours of the District and CircuitCourt in Rockville will begin at4:30p.m. in the Circuit Court. A recep-tion will follow in the Circuit CourtAtrium around 5:15p.m.

Please RSVP by March 8thto Andrew Schwartz [email protected].

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February, 2010 The Bar Association of Montgomery County, MD Newsletter 11

COMMITTEES & SECTIONS

ALTERNATIVE DISPUTERESOLUTION SECTIONMEETING DATESFebruary 10, 2010 April 14, 2010March 10, 2010 May 12, 2010

All meetings will be held on the secondWednesday of the month at 8 a.m. atHollywood Diner on Rockville Pike, unlessotherwise noted.

The ADR Section will be meeting onWednesday, February 10 at 8 a.m. at theHollywood Diner. We will be discussingupcoming events and programs.

Erik C. Johnson, Co-ChairJudith A. Mustille, Co-Chair

BUSINESS LAW SECTIONSection Meetings

Tuesday, March 9, 2010Tuesday, April 13, 2010Tuesday, May 14, 2010 (Law Day)

All section meetings will be held on the2nd Tuesday of the month from 6:00 p.m.-7:00 p.m. at a location to be determined.

All of us have done it: We put those sim-ple "boilerplate" provisions into the back ofthe contract without even thinking about how

they tie into the substance of the agreement.Boilerplate provisions–like the severabilityclause, the assignment clause, and the coun-terparts provision–can spawn all sorts of liti-gation, but often these provisions aren't giventhe attention they deserve.

The Business Law Section will sponsorits Spring CLE program–BoilerplateProvisions: Provisions we use, don't thinkabout, but should!–on February 9, 2010from 5:30 pm to 7:30 pm at the Bar officelocated at 27 West Jefferson St., Rockville,Maryland 20850. This program will providetransactional and litigation attorneys alikewith valuable insight into the dangers of boil-erplate provisions. What are some pitfalls thatyou may fall into and how can you best avoidthem when drafting a contract? Our esteemedpresenters are Robert M. Gottschalk,Esquire, Ain & Bank, P.C.; Alexia KentMcClure, Esquire, Stein Sperling; andRobert S. Selzer, Esquire, Selzer, Gurvitch,Rabin & Obecny Chartered. We hope that youcan join us for what is sure to be a great pro-gram! Please contact the Bar office to registeror see the registration form in this month'sNewsletter.

Demetrios Datch, Co-ChairJames M. Peppe, Co-Chair

CIRCUIT COURT BENCHBAR COMMITTEEFebruary 3, 2010 April 7, 2010March 3, 2010 May 5, 2010

All meetings will be held on the 1stWednesday of the month at 8:00 a.m. in theAdministrative Judge's Conference Room on the3rd floor of the Rockville Circuit Court building.

The Clerk of the Court, Loretta Knight,brings the following matters to your attention:

Circulation of Files: Please notify theAssignment Office if you are filing a case inwhich an attorney and/or a law firm are a party tothe suit. All cases involving an attorney and/or alaw firm must be circulated among the judges.

Court Drop Box Procedure: The dropbox was established to accommodate any fil-ings made after 4:30 pm and before midnight(12:00 am) on any business day. When apleading is placed in the drop box it will bedate stamped the previous business day. Theonly exception to this procedure is when thefile stamp on the pleading is before theCertificate of Service date. In these instances,we must file stamp the pleading with the datethe pleading is retrieved from the drop boxbecause the clerk cannot accept a pleadingbefore the date of the admission of service.

PDF versions of Subpoenas: Do youhave the PDF version of the Clerk's Subpoena?If not, contact the Clerk of the Court to get aCD containing the Clerk's subpoena.

The Clerk reminds everyone she is avail-able to hear any concerns or suggestions youmay have regarding the functions of heroffices. She is happy to work with you to findways to improve courthouse services foreveryone. Phone: 240-777-9467; email:[email protected].

Also, please remember that failure toinclude a proposed Order with a Motion or anOpposition to a Motion will result in a delayedruling on your Motion in most occasions.Although there is no need to furnish theDomestic Relations Masters with a proposedJudgment of Absolute Divorce or a proposedOrder appointing a Best Interest Attorney, allother Motions and Opposition should be accom-panied by a proposed Order by Rule of Court.

If you have any concerns to bring to theCommittee's attention, please feel free to con-tact Co-Chairs: David at (240) 778-2330,[email protected]; or Mimi at(301) 347-1260, [email protected].

David C. Merkin, Co-ChairMimi L. Magyar, Co-Chair

COMMERCIAL LITIGATIONSECTION

The next breakfast meeting of theCommercial Litigation Section will take place onThursday, February 18, 2010, from 8:00 - 9:00a.m., at the offices of Stein, Sperling, Bennett, De

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12 The Bar Association of Montgomery County, MD Newsletter February, 2010

Jong, Driscoll & Greenfeig, P.C., 25 West MiddleLane, Rockville. Please RSVP to Chris Grube at(301) 838-3269, or [email protected] information as to speaker and topic will bepublished and circulated in the near future.

For upcoming events, the CommercialLitigation Section will sponsor an excitingspring CLE seminar on March 1, 2010, from5:00 - 7:00 p.m., "Adding the E to Discovery".The location of the seminar will be theCeremonial Courtroom in the Circuit Court(Courtroom No. 1, 3rd floor), Judicial Center, 50Maryland Avenue, Rockville. Marc Hirschfeld,President/Founder of Precision Legal Serviceswill speak about e-discovery. Topics willinclude the processes, costs, benefits, etc., asso-ciated with forensic discovery and analysis ofelectronic data. This CLE will be interesting andinformative. We hope to see you there.

Jeffrey M. Schwaber, Co-ChairJ. Bradford McCullough, Co-Chair

CRIMINAL LAW SECTIONOur schedule for this fiscal year is:

2/2/10 PRC3/2/10 Judge Woodward

4/6/10 (CLE TBA)All meetings will begin at 5:30 p.m.

Marc R. Emden, Co-ChairJessica L. Zarrella, Co-Chair

DISTRICT COURT BENCHBAR COMMITTEEFebruary 4, 2010 March 4, 2010

April 1, 2010All meetings will be held on the 1st

Thursday of the month at 8:00a.m. in theJudges' Conference Room (4th Floor) in theDistrict Court building in Rockville.

Richard D. London, Chair

EDUCATION LAW SECTIONFebruary 5, 2010 March 5, 2010

April 2, 2010All meetings will be brown bag sessions

to be held on the 1st Friday of the month at12:00 Noon in the Conference Room of the BarAssociation building, unless otherwise noted.

Patrick J. Hoover, Co-ChairLynndolyn Mitchell, Co-Chair

ELDER LAW SECTIONFebruary 10, 2010 April 14, 2010March 10, 2010 May 12, 2010

June 9, 2010All meetings will be held on the 2nd

Wednesday of the month at 8:00a.m. in theConference Room of the Bar AssociationBuilding, unless otherwise noted.

Harold Krauthamer, Chair

EMPLOYMENT LAWSECTION

Be Sure To Attend The Employment LawSection Brown Bag Lunch Program, TheMaryland Work Place Fraud Act: Who ItReaches, What It Says, And How the DLLRwill Enforce on Wednesday, February 11,2010 at the Bar Conference Room, 12-1:30pm. The program is presented by JaneFlanigan And Jon Krasnov At The WorkplaceFraud Division of DLLR.

For March–be sure to attend our sectionCLE on March 3, 2010, 5:30-7:30p.m. withAdministrative Judge John Debelius andexperienced litigator Richard Seymour dis-cussing Damages and How to Prove orDefend Against.

Please register for our section CLE byvisiting the calendar part of the website athttps://www.montbar.org/Calendar/Default.aspx.

Laurel N. Anchors, Co-ChairGwenlynn W. D’Souza, Co-Chair

ESTATE & TRUST LAWSECTION MEETING DATESFebruary 8, 2010 March 8, 2010

April 12, 2010All meetings will be the NEW SHUL-

MAN ROGERS OFFICE ADDRESS: 12505PARK POTOMAC AVENUE, 6TH FLOOR,POTOMAC, MD 20854.

Lunch will be available starting at11:45 a.m., and is courtesy of this year'ssponsors (both repeats from prior years):Fiduciary Trust Company (Peter Carnathan202-822-2110) and Plan of Maryland, Inc.(Bernie Raiche 301-587-7815). Pleasemake sure to thank our sponsors, withwhom without this would be a brown-bagevent!

To RSVP for any of the monthly meetings,call or e-mail my assistant, Christine Hutt at301-230-6565 or [email protected].

Jay M. Eisenberg, Chair

FAMILY LAW SECTIONThe Montgomery County Clerk of the

Circuit Court, Loretta Knight, has developed aCD program where attorneys are able to gen-erate subpoenas directly from a computer asopposed to having someone hand type them,and this CD is now available directly from theCourt. The Family Law Section would like tosay thank you to Loretta and encourage allfamily law practitioners to take advantage ofthis valuable resource.

The Section's upcoming CLEs and pro-grams are nothing short of outstanding. Weencourage everyone to attend as many of theupcoming events as possible. The Family LawSection programs and CLEs are a great way toimprove your practice and get to know your fel-low practitioners. Please remember all pro-grams occurring during monthly Section meet-ings are FREE and do not require registration;however, the CLEs require registration. To reg-ister for the CLEs please contact theMontgomery County Bar Association.

Please mark your calendars and save thedates for the following events:

• REGULAR SECTION MEET-ING–On February 18, 2010, at 5:30 pm, theSection's regular monthly meeting will featurean illuminating program regardingTechnology: Tips & Tools for DomesticTrial and Practice.

• REGULAR SECTION MEET-ING–On March 18, 2010, at 5:30 pm, theSection's regular monthly meeting will featurethe topic: Custody Evaluators Do's andDon'ts. Since there are several new evalua-tors in the Court Evaluators Office, we urgeeveryone to come out and meet all the evalua-tors and learn their perspectives and practice.

• CLE–On March 11, 2010, at 5:30pm Rene Sandler will be conducting a CLEentitled: What Exactly is Child ProtectiveServices ("CPS") and What to do WhenCPS Invades your Family Case. It is vital

COMMITTEES & SECTIONS

(Continued from preceding page)

(Continued on page 13)

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CONTINUING LEGAL EDUCATION

SPRING 2010 SCHEDULE

INDEXINDEX

EVENING SEMINARSEVENING SEMINARSTTax Law Section ax Law Section February 3, 2010February 3, 2010Business Law Section Business Law Section February 9, 2010February 9, 2010Commercial Litigation Law SectionCommercial Litigation Law Section March 1, 2010March 1, 2010Employment Law & Personal Injury Litigation SectionsEmployment Law & Personal Injury Litigation Sections March 3, 2010March 3, 2010Immigration Law SectionImmigration Law Section March 10, 2010March 10, 2010Family Law Section Family Law Section March 1March 11, 20101, 2010RitRita Rosenkrantz Family Law Ta Rosenkrantz Family Law Trainingraining March 15 & 22, 2010March 15 & 22, 2010EstEstate and Tate and Trust Law Sectionrust Law Section March 23, 2010March 23, 2010Family Law SectionFamily Law Section April 8, 2010April 8, 2010TTax Law Sectionax Law Section April 20, 2010April 20, 2010Family Law Section Family Law Section April 28, 2010April 28, 2010ADR Law Section ADR Law Section May 4, 2010May 4, 2010Immigration Law SectionImmigration Law Section May 20, 2010May 20, 2010

BREAKFBREAKFAST SEMINARS AST SEMINARS Breakfast with The JudgesBreakfast with The Judges February 25, 2010February 25, 2010Breakfast with The JudgesBreakfast with The Judges March 1March 11, 20101, 2010Breakfast with The Judges- Family Law Section Breakfast with The Judges- Family Law Section March 25, 2010March 25, 2010Breakfast with The Judges- Family Law SectionBreakfast with The Judges- Family Law Section May 18, 2010May 18, 2010Family Law SectionFamily Law Section May 25, 2010May 25, 2010

THE MONTGOMERTHE MONTGOMERYY COUNTYCOUNTY, MD, , MD, BAR FOUNDABAR FOUNDATIOTION

27 West Jefferson St., Rockville, MD 20850 - 4200Phone (301) 340 - 2534 Fax: (301) 217-9327

Contact: Marleni [email protected]

www.montbar.org

Updates TUpdates To Published Programs May Occur: o Published Programs May Occur: Please Check Please Check YYour Monthly Newsletter CLE Insert or Our our Monthly Newsletter CLE Insert or Our WWebsite ebsite FFor or TThehe

MMost ost CCurrent Information!urrent Information!

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1

CLECLE Program BasicsProgram Basics• The Montgomery County, MD, Bar Foundation is an accredited CLE provider in most MCLEstates. Seminars are accredited for an average of 2 to 3 credit hours. Most seminars are pre-approved for Virginia and Pennsylvania Bars.

• All programs are held in the Bar Office CLE Classroom, 27 West Jefferson St., Rockville, MD20850 unless otherwise noted.

• $35.00 New Practitioner; $65.00 Regular Member; $90.00 Non-Member (unless otherwise noted)

To pay on-line and register go to http://www.montbar.org/CLE/CLE.aspx

CLE Pass Program February - June 2010CLE Pass Program February - June 2010For $200.00, your Pass gives you admission to any 4 CLE seminars offered this season, plus payonly $10 for any breakfast program! Save on CLE seminars that will help you improve your practiceand stay on top of legislative changes, recent case law, and more!

LAW FIRMS save with a CLE Pass designed for firms where attorneys attend CLE. For only $500,your firm’s Pass equals admission for one attorney to 10 programs share the pass and let thewhole firm take advantage of programs offered by MCBF. Easy to use – just let the CLE officeknow which attorneys will be attending which program.

Call the CLE Office and Order Your Individual or Firm Spring Pass Today!

UPCOMING CLE SEMINARSUPCOMING CLE SEMINARS

Tax Tips Tricks and LoopholesSpeakers: Michael Salem, Esq., Assistant Attorney General and Counsel to Comptroller of Maryland;Jeffrey D. Katz, Esq., Law Office of Jeffrey D. Katz, P.C.; Edward J. Leyden, Esq., Hollrah Leyden LLC& Chaya Kundra, Esq., Kundra & AssociatesWednesday, February 3, 20105:30 PM - 8:30 PM

Did you skip the Tax class in Law School? This CLE is designed to demystify issues related tocurrent federal and Maryland tax issues and is hosted by experienced tax practitioners. Youdon’t need to be a CPA to appreciate the wealth of changes in the tax codes. Whether you area general practitioner, real estate, family law, personal injury, or even an occasional tax returnpreparer, what you don’t know about these issues can hurt you and your clients. Questionsand Answer sessions will be hosted to deal with your specific concerns from practice,regulatory and legislative tax perspectives.

Chaya Kundra, Chair, Tax Law Section

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2

UPCOMING CLE SEMINARSUPCOMING CLE SEMINARS

Boilerplate Provisions: Provisions we use, don't think about, but should!Tuesday, February 9, 20105:30 PM - 7:30 PMSpeakers: Robert M. Gottschalk, Esq., Ain & Bank, P.C.; Alexia Kent McClure, Esq., SteinSperling; & Robert S. Selzer, Esq., Selzer, Gurvitch, Rabin & Obecny Chtd.

All of us have done it: We put those simple "boilerplate" provisions into the back of the contractwithout even thinking about how they tie into the substance of the agreement. Boilerplate provisions - like the severability clause, the assignment clause, and the counterparts provisioncan spawn all sorts of litigation, but often these provisions aren't given the attention theydeserve.This program will provide transactional and litigation attorneys alike with valuableinsight into the dangers of boilerplate provisions. What are some pitfalls that you may fall intoand how can you best avoid them when drafting a contract?

Demetrios M. Datch & James M. Peppe, Co-Chairs, Business Law Section

Adding the E to DiscoveryMonday, March 1, 2010 ~ 5:00 PM - 7:00 PMSpeaker: Marc Hirschfeld,. Esq. President/Founder of Precision Legal Services

As e-mail becomes the dominant form of communication between businesses embroiled in litigation, the task of gathering discovery materials has become extremely challenging.Attorneys frequently do not understand how to respond to E-discovery requests, or how best tochallenge objections based on expense, overbreadth or burden. While the available technologyand resources have advanced to meet these challenges, most litigators continue to be dauntedby the E-discovery process. This course is designed to give practitioners involved in any typeof litigation a practical guide to understanding and navigating the entire E-discovery process.The course will cover the necessary steps to identify, collect, cull, preserve, and review yourclients' data in a cost effective manner. The course also will focus on leveraging the latesttechnologies at various stages of the E-discovery process to keep costs down, including earlycase assessment tools, relationship mapping software, near duplication, e-mail threading, e-mail archiving tools and hosted solutions.

Please note: This program will be held at: Circuit Court (Courtroom No. 1, 3rd floor),Judicial Center, 50 Maryland Avenue, Rockville.

J. Bradford McCullough & Jeffrey Schwaber, Co-Chairs,Commercial Litigation Section

Evidence for Damages: The Nitty GrittyWednesday, March 3, 20105:30 PM - 8:30 PMSpeakers: Judge John W. Debelius, Administrative Judge, Circuit Court for MontgomeryCounty, MD & Richard T. Seymour, Esq., The Law Office of Richard T. Seymour, P.L.L.C.

In this CLE Seminar, we will discuss the identification and presentation of damages in Stateand Federal Court. The main topics to be discussed will include medical costs, past wages andbenefits, future wages, compensatory damages, consequential damages, punitive damages,attorney's fees, the mitigation of damages, & the appropriate use of experts. This seminar isdesigned for both new and advanced practitioners. Laurel N. Anchors & Gwenlynn W. D'Souza, Co-Chairs, Employment Law SectionPaul Chung & Andre Forte, Co-Chairs, Personal Injury Litigation Section

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UPCOMING CLE SEMINARSUPCOMING CLE SEMINARS

Immigration Issues for the Family Law AttorneyWednesday, March 10, 20105:30 PM - 8:30 PMSpeakers: Maria F. Glinsmann, Esq., Glinsmann & Glinsmann,Chtd. & Yun Jung Yang,Esq., Yang & Ullman, P.C.This program is designed for family law practitioners of all levels of experience. The programwill discuss the immigration implications in a variety of family law representations including:

Separation, Divorce and Annulment of a MarriageDeath of a Spouse or Petitioning Family MemberAdoption of a ChildVictims of AbuseChild Support and Effect on Future US Citizenship

We’ll cover key immigration issues for family law practitioners involving on-going obligations ofthe US citizen for financial support of the foreign national, conditional residence and timing ofjoint petitions for couples who are separated, consequences to a foreign national in the eventof a death of a spouse or other family petitioner and the impact of financial support obligationsfor minor children. Matthew R. Glinsmann, Chair, Immigration Law Section

What exactly is Child Protective Services & What to do When Child ProtectiveServices Invades Your Family Law CaseSpeaker: Rene Sandler, Esq., Sandler Law LLC Thursday, March 11, 20105:30 PM - 8:30 PMIt is now commonplace for family law practitioners to have a case involving Child ProtectiveServices in some fashion. A family law practitioner must understand the relationship between aCPS case and family case in order to assess and advise a client of his or her rights and ultimatelybe able to recognize the impact a CPS case may have on the family case. At a minimum, the familylaw practitioner should be aware of the basics of how a Child Protective Services investigation isinitiated, conducted, the rights of a client in such investigation, and how such investigation mayimpact a domestic case. Rene Sandler regularly handles Child Protective Services investigationsand has been recognized as a expert in this area of law. This presentation is for family law practi-tioners at all levels who want to understand CPS investigations, how to protect clients faced withsuch issues, and how CPS may impact a family law case.

Geoffrey S. Platnick & Clark E. Wisor, III, Co-Chairs, Family Law Section

Rita Rosenkrantz Family Law TrainingMonday, March 15 & 22, 20105:30 PM - 8:30 PM

(THIS TWO PART SEMINAR IS $250.00. FREE IF YOU TAKE A PRO BONO CASE)IF YOU WILL BE TAKING A PRO BONO CASE, PLEASE CONTACT THE PRO BONO OFFICES AT 301-426-2706

DAY ONE: MONDAY, MARCH 15, 2010Initial Interview/Retainer Agreements/Financial StatementsSpeaker: Scott M. Strickler. Esq.,Shulman, Rogers, Gandal, Pordy & Ecker, P.A.

Pleadings and Grounds for Divorce/Scheduling Conferences/FDM Forms/The UncontestedHearingSpeaker: Heather Q. Hostetter, Esq., Sachitano, Strent and Hostetter, LLC

Discovery/9-207 StatementsSpeaker: Howard B. Soypher, Esq., Paley, Rothman, Goldstein, Rosenberg & Cooper, Chtd.

Continued next page

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UPCOMING CLE SEMINARSUPCOMING CLE SEMINARS

DAY TWO: MONDAY, MARCH 22, 2010Pendente Lite Financial Issues/Taking ExceptionsSpeaker: John S. Weaver, Esq., Law Office of John S. Weaver

Geoffrey S. Platnick & Clark E. Wisor, III, Co-Chairs, Family Law Section

Estate and Gift Tax Planning for Anticipated Liquidity EventsSpeakers: George F. Albright, Jr., the Managing Director for JP Morgan Private Bank andMary Ann Best, Senior Banker for JP Morgan Private Bank,Tuesday, March 23, 20105:30 PM - 8:30 PM

Attendees of this program will learn about the personal wealth planning issues, opportunities and pitfallsthat exist when a family business is sold to a third party or merged with a public company.

Please note: This program will be held at: 12505 Park Potomac Avenue, 6th Floor, Potomac, MD 20854

Jay M. Eisenberg, Chair, Estate and Trust Section

Family Law UpdateSpeaker: Jeffrey Greenblatt, Esq., Brodsky Greenblatt Renehan & Pearlstein, Chtd. Thursday, April 8, 20105:30 PM - 8:30 PM

We’ve convinced Jeff Greenblatt to once again provide you with his distinctive analysis and com-mentary on recent family law cases decided by our appellate courts. Jeff’s lecture is an invaluabletool for the intelligent and sophisticated family law practitioner. In addition, you will receive a copyof Jeff’s trademark Family Law Update Book – a truly indispensable guide to recent case law devel-opments. Everyone whose practice touches on family law will benefit from the practice tips andpointers from one of the top family litigators in Montgomery County. This is a don’t miss CLE withconsistently high attendance. If you would benefit from learning about the changes that haveoccurred in family law, or how to take advantage of recent family law decisions, don’t miss thisseminar!”

Geoffrey S. Platnick & Clark E. Wisor, III, Co-Chairs, Family Law Section

Asset Distribution in Marriage, Divorce and Business AssociationsTuesday, April 20, 20105:30 PM - 8:30 PMSpeakers: Glenn M. Anderson, CPA, Esq., Miller, Miller & Canby, Chtd.; David S. De Jong,CPA, Esq.,Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C.; Chaya Kundra, Esq.,Kundra & Associates and Alan S. Zipp, CPA, Esq.

Join us for a topic effecting and touching so many of our practices and our lives personally. Thisprogram is for everyone from the general practitioner to those who’s focus is on family, employ-ment, estate planning, criminal, business and tax law. The speakers will discuss the impact andimport of the ins and outs of assets in all three arenas and will also touch on the ethical issues asto who is your client.

Chaya Kundra, Chair, Tax Law Section

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UPCOMING CLE SEMINARSUPCOMING CLE SEMINARS

GETTING PAIDSpeaker: Mary Ellen Flynn, Esq., Andalman & Flynn, P.C.Wednesday, April 28, 2010 5:30 PM - 7:30 PM

This program is designed for law practitioners of all levels of experience and in all areas ofpractice. The goal of this CLE is to help you, the attorney, get paid for the work you do. In thisCLE, you will learn how to: (1) lessen or remove the possibility of clients running up high out-standing balances, (2) draft retainer agreement terms to protect your interests, (3) successfullyuse and enforce an "evergreen retainer," (4) track your time in all of your cases--not just hourlycases but also in contingency and flat fee cases, (5) effectively bill clients, (6) collect your fees,(7) decide whether or not to file suit for your fees, and (8) do all this without getting into troublewith the Attorney Grievance Commission.

Geoffrey S. Platnick & Clark E. Wisor, III, Co-Chairs, Family Law Section

Tips and Strategies to Be More Effective Advocates and Representatives During theMediation ProcessSpeakers: Several retired judges and local attorneys/mediators, including The Hon. DeLawrence Beard (Ret.), The Hon. William J. Rowan, III (Ret.), The Hon. AnnN. Sundt (Ret.), and Daniel P. Dozier, Esq., Press, Potter & Dozier, LLCTuesday, May 4, 20105:30 PM - 8:00 PM

The use of ADR – particularly, mediation – is on the rise and here to stay. Consequently, it isimperative that attorneys who represent or advise clients during the mediation process focuson ways to become more effective at it. This presentation is designed to do just that and willinclude practical tips and recommendations on the following types of topics: (1) how to goabout finding and selecting a mediator for your particular case; (2) how to prepare yourself, theclient, and the mediator; (3) how to present an effective (and sometimes disarming) openingstatement; (4) ways in which to evaluate damages and potential liability; (5) strategies for con-veying offers and demands; and (6) the best ways to harness the mediator’s assistance. Thepresentation will also include several live, practical demonstrations of effective and ineffectivemediation strategies (note: we make no assurances regarding our acting abilities).Who Should Attend: Attorneys who represent clients in mediation (or plan to do so in thefuture), and mediators/ADR practitioners. The subject matter of the presentation appliesregardless of your specific practice area(s).

Erik C. Johnson & Judith A. Mustille, Co- Chairs, ADR Law Section

Immigration Consequences of Criminal ConvictionsThursday May 20, 20105:30 PM - 8:00 PMSpeakers: Rachel Ullman, Esq., Yang & Ullman, P.C. & TBD

Immigration & Criminal Attorneys will learn to analyze criminal charges and convictions todetermine their immigration consequences. How to craft a plea bargain to avoid unintendedconsequences.

Matthew R. Glinsmann, Chair, Immigration Law Section

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REGISTRAREGISTRATION FORMTION FORMNew Practitioner $35.00 Member $65.00 Non-Member $90.00

All CLE Seminars are held in the Bar Office CLE Classroom unless otherwise noted

Tax Tips Tricks and LoopholesWednesday, February 3, 2010 ~ 5:30 PM - 8:30 PM

Boilerplate Provisions: Provisions we use, don't think about, but should!Tuesday, February 9, 2010 ~ 5:30 PM - 8:30 PM

Adding the E to DiscoveryMonday, March 1, 2010 ~ 5:00 PM - 7:00 PM

Evidence for Damages: The Nitty GrittyWednesday, March 3, 2010 5:30 PM - 8:30 PM

Immigration Issues for the Family Law AttorneyWednesday, March 10, 2010 ~ 5:30 PM - 7:30 PM

What exactly is Child Protective Services & What to do When Child Protective Services Invades Your Family Law CaseThursday, March 11, 2010 ~ 5:30 PM - 7:30 PM

Rita Rosenkrantz Family Law Training Part 1 Part: 1 Monday, March 15 & Part: 2 Monday, March 22, 2010 ~ 5:30 PM - 8:30 PM(This two part seminar is $250.00. Free if you take a Pro Bono Case)

Estate and Gift Tax Planning for Anticipated Liquidity EventsTuesday, March 23, 2010 ~ 5:30 PM - 8:30 PM

Family Law UpdateThursday, April 8, 2010 ~ 5:30 PM - 8:30 PM

Asset Distribution in Marriage, Divorce and Business AssociationsTuesday, April 20, 2010 ~ 5:30 PM - 8:30 PM

Getting PaidWednesday, April 28, 2010 ~ 5:30 PM - 8:30 PM

Tips and Strategies to Be More Effective Advocates and Representatives During theMediation ProcessTuesday, May 4, 2010 ~ 5:30 PM - 8:00 PMImmigration Consequences of Criminal ConvictionsThursday May 20, 2010 ~ 5:30 PM - 8:00 PM

Name:

Address/City/State:

Phone: Fax:

Email:PAYMENT METHOD: VISA/MC/DISCOVER OR CHECK PAYABLE TO MONTGOMERY COUNTY BAR FOUNDATION

Visa/MC/Discover# Exp. Date: CVV Code:

I will need CLE Credits for the following states: OH PA VA Other

Montgomery County Bar Foundation27 W. Jefferson St, Rockville, MD 20850

Attn: Marleni Jimenez (301) 340-2534 fax to: (301) 217-9327

[email protected]

F/410

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BREAKFBREAKFASTAST REGISTRAREGISTRATION FORMTION FORMBreakfast: $12 Advance - $14 at Door

The Honorable Michael J. Algeo - “ A View From the Bench “Thursday, February 25, 2010 ~ 7:45 AM - 8:45 AM

Diana Metcalf, CLE Breakfast Committee Chair

The Honorable Joseph A. Dugan, Jr., - '’ A View From the Bench" Thursday, March 11, 2010 ~ 7:45 AM - 8:45 AM

Don't miss Judge Dugan's practice pointers! They will be beneficial for new practitioners as well asfor more experienced practitioners."

Diana Metcalf, CLE Breakfast Committee Chair

The Honorable Steven G. Salant - “A View from the Bench”Speaker: Judge Steven G. Salant, Associate Judge Circuit Court for Montgomery County, MarylandThursday, March 25, 2010 ~ 7:45 AM - 8:45 AM

This program is designed for family law practitioners of all levels of experience. The program willfocus on tips to help attorneys procedurally and substantively when presenting their issues beforeJudge Salant.Geoffrey S. Platnick & Clark E. Wisor, III, Co-Chairs, Family Law Section

The Honorable Cynthia Callahan - “A View from the Bench”Tuesday, May 18, 2010 ~ 7:45 AM - 8:45 AM

Geoffrey S. Platnick & Clark E. Wisor, III, Co-Chairs, Family Law Section

Navigating the MCOCSE - what services are provided & what private attorneys need to knowSpeakers: Master Susan Polis, Christopher Kunz & Robin Markush, both Special Counsel for theMontgomery County Office of Child Support Enforcement.Tuesday, May 25, 2010 ~ 7:45 AM - 8:45 AM

This program is designed to familiarize family law practitioners with the Montgomery County Office ofChild Support Enforcement (MCOCSE). Specifically, services offered to the general public, the inter-play between the private bar and Special Counsel and other staff, and the scope of involvement of theMCOCSE in divorce and other private cases.

Geoffrey S. Platnick & Clark E. Wisor, III, Co-Chairs, Family Law Section

Name:

Address/City/State:

Phone: Fax:

Email:Payment Method: Visa/MC/Discover or Check Payable to Montgomery County Bar Foundation

Visa/MC/Discover#

Exp. Date CVV Code: Total:

Montgomery County Bar Foundation27 W. Jefferson St, Rockville, MD 20850

Attn: Marleni Jimenez (301) 340-2534 fax to: (301) 217-9327

[email protected] To pay on-line and register go to http://www.montbar.org/CLE/CLE.aspx

F/408

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COMMITTEES & SECTIONS

for everyone handling custody cases to under-stand how a CPS investigation can affect theoutcome of your case.

• CLE–On March 25, 2010, JudgeSteve Salant will conduct a CLE breakfastas will Judge Cindy Callahan on May 18,2010. These two distinguished members ofthe Montgomery County Bench (and formerfamily law practitioners) will provide insightfor appearing in their courtrooms.

• CLE–On April 8, 2010, Jeffrey N.Greenblatt, Esq., will conduct his annualFamily Law Update. This is always a stand-ing room event and a must attend CLE!

• REGULAR SECTION MEET-ING–On April 15, 2010, the Section's month-ly program will be a discussion of the uniformstatues including: UIFSA, UCCJEA, PKPA,The Hauge Convention and ICAR. If youare a family law practitioner and you do notunderstand how these statutes affect yourpractice, then don't miss this program.

• CLE–Rule Number One is the samefor all private practice attorneys–if you do notget your fees paid, you cannot continue toperform legal services. On April 28, 2010,come out and learn how to get your clients tocomply with Rule Number One. Former

Montgomery County Bar President, MaryEllen Flynn will host a CLE on How toCollect Your Fees.

• CLE–Possibly the most misunder-stood agency in the county is the Office ofChild Support. Often, clients and attorneysalike feel that this agency causes more aggra-vation and trouble than any administrativeagency in the State. This agency can suspenddrivers licenses, seize bank accounts, and caneven intercept a tax refund before it everreaches your client's account. Understandinghow this agency operates (and what it can dofor you) is critical to your practice. On May25, 2010, at 7:30 am Chris Kunz and RobinMarkush, Special Counsel to MCOCSEand Master Susan Polis will host a CLEbreakfast on this topic.

All CLE breakfasts will occur at 7:45 inthe Bar Association classroom and allother CLE's and Programs will occur at5:30 pm in the Bar Association classroom.

The next strictly social event for theFamily Law Section is going to occur onApril 22, 2010, at 5:30 PM when OffitKurman will host the Section's AnnualWine and Cheese. This will be a chance tocome together as colleagues and share a fewlaughs.

Do not forget to put the Annual LawDay celebration on your calendars for May14, 2010. The Family Division Masters willbe conducting a program for the Sectionregarding the Applicability if the Rules ofEvidence in Domestic Trials.

The law firm of Shulman, Rogers,Gandal, Pordy and Ecker will be hosting thenext Collaborative Law Team Training onMarch 4, 5 & 6, 2010 at their new PotomacOffices. Collaborative Practice is a unique dis-pute resolution process designed to resolve cus-tody and divorce cases without litigation. It ispredicated upon the concept that litigation isdestructive to all families and should be avoidedwhenever possible. In Collaborative Practice,both sides retain specially trained counsel (andother professionals) to try to reach an accordthrough cooperation, civility, and respect.However, to practice Collaborative Law, youmust first attend a training. The cost of thetraining is $795 per person to attend all three (3)days ($845 after February 11, 2010). Continentalbreakfast, snacks, beverages and lunch are pro-vided each day. Please contact Maggie Hofbergat [email protected] to register.

Anyone still interested in participating inthe Section's Pro Bono initiative during theweek of February 16, 2010 should contactCarlos Lastra at 301-869-1700 to sign up.

Geoffrey S. Platnick, Co-ChairClark Wisor, Co-Chair

IMMIGRATION LAWSECTION MEETING DATES

Happy New Year! 2009 was a tryingyear for the nation and immigration practice. Iknow we are all looking forward to twenty-ten(2010) which will bring a better economy andcomprehensive immigration reform. I hope tomake this year a great one for the BAMCImmigration Section.SPRING 2010 BROWN BAG SCHEDULE:

(1st Wednesday, noon to 1:30)o February 3rd, 2010 – DOL & New

Prevailing Wage Process (Discussion LeaderNeeded)

o March 3rd, 2010 – Topic &Discussion Leader Needed

o April 7th, 2010 – Topic &Discussion Leader Needed

o May 5th, 2010 – Topic &Discussion Leader Needed

NOTE: Brown Bag lunches have beenmoved to the first Wednesday of each monthand will generally take place in the CLE class-room in the basement of the Bar Associationbuilding. That means that our first lunchmeeting will be held on Wednesday,February 3rd. Each month, we will have atentative topic with a discussion leader, buteveryone should feel free to bring up any topicfor discussion and input. Please let me knowif you have a topic you would like to discuss

February, 2010 The Bar Association of Montgomery County, MD Newsletter 13

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(Continued from page 12)

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14 The Bar Association of Montgomery County, MD Newsletter February, 2010

COMMITTEES & SECTIONS

or if you are willing to be the discussion leaderon a topic of your choice by sending an e-mailto [email protected].

Matthew Glinsmann, Chair

INTELLECTUAL PROPERTY& TECHNOLOGY LAWSECTIONFebruary 9, 2010 April 13, 2010March 9, 2010 May 11, 2010

Meetings will be held on the 2nd Tuesdayof the month at 8:00 a.m. in the ConferenceRoom of the Bar Association Building

Jeffrey I. Auerbach, Co-ChairMichael L. Greenberg, Co-Chair

JUVENILE LAW SECTIONFor our February 10 Juvenile Law

Section meeting, we will have a speaker dis-cuss disciplinary issues in schools with a focuson children with special needs. Please join usfor pizza in Courtroom 20 of the District Courtat 12:30PM.

We will co-sponsor the March meetingwith the Criminal Section.

Stephanie L. Joseph, Co-ChairCarlotta A. Woodward, Co-Chair

LAW FIRMMANAGEMENTMEETING DATESFebruary 18, 2010 April 15, 2010March 18, 2010 May 20, 2010

All meetings will be held on the 3rdWednesday of the month at 8:00 a.m. in theConference Room at the offices of Ward &Klein, Chartered, 2275 Research Blvd, Suite720, Rockville, MD.

Thank you to all who have regularlyattended our meetings. We have a frankexchange regarding issues of concern to man-agement of our firms. The topics, althoughvaried, have focused on managing costs inthese difficult financial times and the neverending personnel issues.

I am finalizing two fantastic guest speak-ers for the coming year, Bruce Johnson fromAccelerated Growth Company and Joel Rose,a nationally respected law firm managementconsultant. As soon as I have the dates, I willcirculate an email. It is important that we havea strong turnout for these guests.

David M. Schoenfeld, Chair

LEGAL ETHICSCOMMITTEE MEETINGDATESFebruary 10, 2010 April 14, 2010March 10, 2010 May 12, 2010

June 9, 2010

All meetings will be held on the 2ndWednesday of the month at 4:30 p.m. in theConference Room of the Bar AssociationBuilding, 27 West Jefferson St., Rockville,MD, unless otherwise noted.

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

MENTOR-MENTEECOMMITTEE

The Bar Association's Mentor-MenteeProgram strives to foster professionalism andimprove the practice of law in MontgomeryCounty by having experienced practitionersserve as mentors to new practitioners. By serv-ing as a mentor, experienced practitioners areable to provide general guidance and advice tomentees regarding the practice of law, as wellas foster collegiality and professional relation-ships throughout the Bar Association.

The Bar Association is seeking mentorsin all practice areas, with a particular empha-sis currently being placed on those practition-ers focusing their practice areas in family law,bankruptcy law and related creditor matters.We encourage practitioners who have been inpractice for five (5) or more years to take anactive role in this program and offer to volun-teer to serve as a mentor. If you have anyquestions regarding this program, please donot hesitate to contact either Marc at (301)961-8656 or [email protected] orPeter at (301) 563-6685 or [email protected].

Marc W. Boland, Co-ChairPeter Casciano, Co-Chair

PERSONAL INJURYLITIGATION SECTIONMEETING DATESFebruary 26, 2010 March 26, 2010

April 30, 2010All meetings will be held on the last

Friday of the month at Noon in the ConferenceRoom of the Bar Association Building at 27

West Jefferson St., Rockville, MD, unless oth-erwise noted.

Civil Engineer Duane Ferguson of SEAwill be providing a presentation concerning theuse of expert testimony in slip and fall andworkplace accidents during our next meetingon January 29, 2010, at noon in theMontgomery County Bar Building. In additionto their informative presentation, SEA is gener-ously providing lunch. Please rsvp your atten-dance at this event by notifying either co-chairAndre Forte at [email protected] or PaulChung at [email protected] byJanuary 25, 2010 so SEA will have the properamount of food available.

Edward J. Lott of Commercial IndexBureau will be providing a presentation "TheRole of Private Investigators in CivilLitigation," at the Montgomery County BarBuilding during the February 26, 2010 meetingat noon. The program will be extremely practi-cal and informative and will include informa-tion concerning but not limited to: asset checks,witness location, determining insurance cover-age, and surveillance. In addition to theirinformative presentation, Commercial IndexBureau is generously providing lunch for thosein attendance. Please rsvp your attendance atthis event by notifying either co-chair AndreForte at [email protected] or Paul Chungat [email protected] by February22, 2010 so Commercial Index Bureau willhave the proper amount of food available.

Andre Forte, Co-ChairPaul S. Chung, Co-Chair

REAL ESTATE LAWSECTION MEETING DATESFebruary 9, 2010 April 13, 2010March 9, 2010 May 11, 2010

All meetings will be held on the 2ndTuesday of the month at 8:00 a.m., unless oth-erwise noted.

Matthew D. Alegi, Co-ChairAlexis H. Peters, Co-Chair

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COMMITTEES & SECTIONS

TAXATION LAW SECTIONFebruary 8, 2010 April 5, 2010March 8, 2010 May 10, 2010

All meetings will be held at 5:30 p.m. atthe offices of Kundra Tax Law, 110 NorthWashington St., Suite 406, Rockville, MD.

Our next meeting will be February 8,2010 at 5:30pm at Kundra & Associates, 110North Washington Street, Suite 406 inRockville, MD.

~Coming to a Standstill: Suspending theStatute of Limitations During theInstallment Agreement Process

For years, the submission of anInstallment Agreement was a taxpayer-friend-ly act. While Section 6331(i)(5) and6331(k)(3) of the Internal Revenue Code indi-cated that the filing, rejection and terminationof an Installment Agreement could cause thestatute of limitations ("SOL") for collection totoll, such practices were not implemented.Taxpayers reaped the benefits of IRC§6331(k)(2) whereby no forced collectionaction was taken during the InstallmentAgreement process and the SOL continued torun.

As the financial landscape of the countryhas changed, the government has grown moreaggressive in its collection efforts. NewTreasury Regulations that mirror the senti-ment of IRC §§6331(i)(5) and 6331(k)(3)were finalized. Under newly-implementedTreas. Reg. §301.6159-1(g), the SOL for col-lections will be tolled during the followingperiods:

1. While a proposed InstallmentAgreement is pending;

2. Over the 30 days immediately follow-ing the rejection of a proposed InstallmentAgreement;

3. Over the 30 days immediately follow-ing the termination of an existing InstallmentAgreement; and

4. The period during which any appealmade within the 30-day period specified in (2)

and (3) above is pending with the IRS Officeof Appeals.

In order to determine when anInstallment Agreement is "pending," one mustlook to Treas. Reg. §301.6159-1(b)(2). Theregulation provides that an InstallmentAgreement is "pending when it is accepted forprocessing." The duration for which it main-tains a "pending" status continues until theInternal Revenue Service notifies the taxpayerof a rejection or the taxpayer withdraws hisproposal. Treas. Reg. §301.6159-1(b)(2).

Even with the new guidance from theTreasury Department, unanswered questionsstill persist. While the regulation becameapplicable on November 25, 2009 it isunclear whether Installment Agreementsnegotiated prior to the effective date haveany impact on SOLs. Further, the InternalRevenue Service will not notify a taxpayer asto when it considers an InstallmentAgreement to be pending. Without knowl-edge of the exact timing, calculating the SOLremains an inexact science.

Please join us for our next tax sectionmeeting on February 8th at 5:30pm. Theaddress is 110 North Washington Street, Suite406 in Rockville.

Our next round of CLEs will be as fol-lows: "Tax Tips, Traps and Loopholes" onFebruary 3rd from 5:30pm to 8:30pm. Ourspeakers will be Michael Salem, Esq., JeffreyKatz, Esq., Chaya Kundra, Esq., EdwardLeyden, Esq. Our second is on April 20thfrom 5:30 p.m. to 8:30 p.m. Our topic is:Asset Distribution in Marriage, Divorce andBusiness Associations. Join David DeJong,CPA, Esq., Alan Zipp, CPA, Esq., GlenAnderson, CPA, Esq., and Chaya Kundra,Esq. as moderator. Kindly remember to regis-ter early to insure that you have a seat asboth programs will be exciting, pertinent andchock full of interesting and important infor-mation one cannot afford to miss! We wel-come you all and thank you in advance forparticipating.

Chaya Kundra, Chair

TECHNOLOGY COMMITTEEMEETING DATESFebruary 24, 2010 April 28, 2010March 31, 2010 May 26, 2010

All meetings will be held on the lastWednesday of the month at 5:00p.m. at theoffices of Dragga, Hannon, Hessler & Wills,LLP, 110 North Washington St., Suite 300,Rockville, MD 20850, unless otherwise noted.

Holly D. Reed, III, Co-ChairPatricia P. Via, Co-Chair

WORKERS’ COMPENSATIONSECTION MEETING DATESFebruary 11, 2010 March 11, 2010

April 8, 2010Meetings will be held on the 2nd

Thursday of the month at 4:30 p.m. in theConference Room of the Bar AssociationBuilding at 27 West Jefferson St., Rockville,MD.

Our Committee is planning a joint meet-ing with the Prince George's County BarWorkers' Compensation Section for Februaryto replace our previously scheduled meetingtime. We intend to have one or twoCommissioners in attendance as well. Detailsto follow through the listserve. If you are nota member of the Section and correspondinglistserve, but would like to be includedplease contact Cindy at 301-762-8375 [email protected] to join.

Please call Brian Riley or Matthew Tidballwith suggestions for future meeting topics. Mostfuture meetings will include a "round table" ses-sion for members to raise and discuss their work-ers' compensation questions and issues.

Brian P. Riley Co-ChairMatthew S. Tidball, Co-Chair

YOUTH COURTHOUSEPROJECT COMMITTEEMEETING DATESFebruary 3, 2010 April 7, 2010March 3, 2010 May 5, 2010

All meetings will be Brown Bag Lunchmeetings, to be held on the 1st Wednesday ofthe month at 12:15 p.m. in the BarAssociation Conference Room, unless other-wise noted.

Holly D. Reed, III, Co-ChairPatricia P. Via, Co-Chair

February, 2010 The Bar Association of Montgomery County, MD Newsletter 15

DAVID HARRISON, INC.APPRAISALS

MD REAL PROPERTY APPRAISALS - $300.00MD PERSONAL PROPERTY APPRAISALS - $300.00

COMBINATION FEE - BOTH FOR $500.00

MD LICENSE #83CERTIFIED APPRAISER #38315

LICENSED BROKER MD SINCE 1959WE APPRAISE HOUSEHOLD CONTENTS, ANTIQUES, FINE ARTS & COLLECTIBLES.

301-258-9317 www.marylandappraiser.com

BAMC TO HOST REDCROSS BLOOD DRIVE

Friday, February 12, 20109AM - 3PM ~ CLE Classroom

Please call Cindy at 301-762-8376to schedule your appointment.

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The Pro Bono Program continues toassist a rising number of low-income resi-dents in Montgomery County. We needyour help to meet the demand!! Togetherwith our many committed volunteers, ourPro Bono Program serves over 3000 lowincome residents during the course of year.Please call the Pro Bono Program to seehow you can get involved.

Our intake is open Monday throughThursday 9:00 am to 4:30 PM. As theeconomy continues to be challenged, thepoorest in Montgomery County are alsoincreasingly faced with housing, employ-ment, and family crises. You can make adifference by just attending our clinicsone evening or taking a pro bono case.We are presently scheduling attorneysfor the 2010 calendar year. Please call(301) 762-5831 or email [email protected].

Our Family Law Training Sessionsknown as the Rita Rosenkrantz FamilyLaw Training are currently available forviewing by webcast by any attorney whowants a refresher or would like to expandinto this practice area. This extensiveand in-depth six hour family law trainingis a must see!! The excellent compilationof family law materials are available forfree to any Maryland barred attorneys ingood standing who agree to take a probono case!! They can also be viewedvia webcast at the following link:http://www.gorebrothers.com/webcast/mcba/

Our legal clinics offer a very uniqueopportunity to get a glimpse of the manycomplex issues facing our low-income resi-dents including debt and bankruptcy prob-lems, divorce, custody, child support, hous-ing, employment/contract issues, individualrights or disability cases. The PRO BONOEvening Legal Clinics are now at four loca-tions. The Germantown clinics are super-vised by Jonathan Bloom, Esquire andMaryKay Canarte. The Evening LegalClinics at TESS and the Gilchrist Center inWheaton continue to thrive under the ableassistance of Jay Marks, Esquire, DavidVega, Esquire, and Juan Carlos Washington,Esquire. Our newest clinic at the EASTCOUNTY REGIONAL SERVICES CEN-TER, is located at 3300 Briggs ChaneyRoad, Silver Spring, MD 20904 and issupervised by Manny Montero and JuanCarlos Washington.

The volunteer attorneys who attend ourclinics get to do pro bono service while alsonetworking with other attorneys and theclients. It is a rewarding experience for allwho attend. Attorneys must be scheduledinto the clinics. If you would like to havethis unique opportunity to be apart of some-

thing very special or you would like toreview available cases, please contactMaryKay Canarte at (301) 762-5831. Someattorneys come for a season and some stayfor many seasons to come. Come join theclinic team!

OUR FAMILY LAW JUDICARE ANDCUSTODY HEROES….

We are pleased to announce that thehourly rate was increased to $80.00 perhour for complex JUDICARE CUS-TODY AND COMPLEX FAMILY cases.If you are interested in receiving refer-rals for JUDICARE, please [email protected] or call (301)762-5831. Attorneys who accept thesecases must also accept another pro bonocase at the same time.

A major focus of the pro Bono programremains achieving stability for families andchildren who have never had access to anattorney or do not have Court Orders forcustody and support. We do not handlemodifications, contempts, or post judgmentmatters. Please review the websitewww.montbar.org to see what types ofcases are handled by our program. If youare interested in participating, please con-tact [email protected] or call(301) 762-5831.

The following attorneys providedlegal services for the Pro Bono Programduring the month of December 2009. Onbehalf of the Board of Directors of theBar Foundation, we wish to thank thesesuper attorneys for their much neededassistance and dedication!!

Intakes - 195 Cases Opened - 166Cases Referred - 27 Cases Closed - 206

Pro Bono Case Referrals

Sheron BartonMichael Grady Heather R. McCabeAndrew W. Murnane

Debra G. OliverBelinda TilleyEva Xu Lynette Whitfield

Judicare Referrals

EVENING CLINICS

1st and 3rd Wednesday of each month(6:00 PM to 8:30 PM)Tel: (301) 565-7675TESS Community Service Center8513 Piney Branch RoadSilver Spring, Maryland 20901

2nd and 4th Wednesday of each month(5:30 PM to 8:00 PM)Tel: (240) 777-4940 Charles W. Gilchrist Center

for Cultural Diversity11319 Elkin StreetWheaton, Maryland 20901

2nd and 4th Tuesday of each month (6:00 PM - 8:30 PM)Tel: (240) 777-6940Charles Gilchrist Center for CulturalDiversity - Upcounty Germantown 12900 Middlebrook RoadGermantown, MD 20874

1st and 2nd Thursday of each month (5:30 PM - 8:30 PM)Tel: (240) 777-8400EAST County Regional Services

Center3300 Briggs Chaney RoadSilver Spring, MD 20904

*2 cases **3cases

Jonathan BloomMaryKay CanarteMike NearyEmily RachlinYale Rodman

Michael SmithHarry StormJeff Van GrackRobert Wagman

Brian BarkeMike LemovJerry LyellKathyrn McDonough

Joaquin SequeraDavid Vega Juan Washington

Ken AuerbachHillary BednarzRoger GoldenJerry LyellJay Marks

Patricia McDonaldDaniel RenartPriya SharmaDavid VegaJuan Washington

Gilchrist Germantown Center

TESS Center

Gilchrist Wheaton Center

Joe GaffiganJewel HarmonEshigo OkasiliJay Marks

Manny MonteroJude WikramanayakoJuan Washington

East County Briggs Chaney Clinic

Sheron Barton Stephen Conte Herbert Dubin Myra M. Frazier Michael GradyAnne Higdon Stacy Kurnot Heather R. McCabe Maria E. Mena Andrew W. Murnane

Sunwoo NamDebra G. OliverBelinda Tilley Tina Sharma Dianne StewartHamlin Kimberly Taylor Eva Xu Lynette Whitfield Joel Zuckerman

16 The Bar Association of Montgomery County, MD Newsletter February, 2010

PRO BONO UPDATE ... by Mary Kay Canarte, Managing Attorney

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SPECIALTY BAR ASSOCIATIONS

February, 2010 The Bar Association of Montgomery County, MD Newsletter 17

J. FRANKLYN BOURNE BARASSOCIATION, INC.,MONTGOMERY COUNTYCOMMITTEE

The next J. FRANKLYN BOURNEBAR ASSOCIATION, INC., MontgomeryCounty Committee's monthly meeting willbe held on Saturday, February 6, 2010,from 9:30 a.m. to 11:30 a.m. in the confer-ence room of the Bar Association ofMontgomery County, Maryland, 27 WestJefferson Street, Rockville, Maryland20850. Breakfast will be served. TheCommittee usually meets on the firstSaturday of the month. If you cannot cometo this meeting, please join us on Saturday,March 6, 2010. For more information,please contact Holly Reed, Esq. at (301)587-9480.

Bowie University's Performing ArtsCenter along with The Elder Theodore L.Barber Scholarship Foundation, Inc. will bepresenting a mini-concert by the Oxon HillHigh School Choir at 6:30 p.m., followedby a play on the LIFE OF THE LATE U.S.SUPREME COURT JUSTICE THUR-GOOD MARSHALL on Thursday,February 25, 2010 at 7:00 p.m. at Bowie

State University's Meyers Auditoriuminside the Martin Luther King, Jr.Communications Center.

The play will feature a cast of judgesfrom Maryland and Washington, D.C. Therole of Thurgood Marshall will be playedby Maryland Court of Appeals ChiefJudge Robert Bell. LieutenantGovernor Anthony G. Brown will playthe role of Spottswood Robinson,Marshall's colleague, Prince George'sCounty Circuit Court Judge SheilaTillerson-Adams will play the role ofBuster, Marshall's first wife, PrinceGeorge's County Circuit Court JudgesThurman Rhodes and Larnzell Martinwill portray Robert Carter and WalterWhite, colleagues of Marshall, and U.S.Magistrate Judge Susan Gauvey of theU.S. District Court for the District ofMaryland will portray the University ofMaryland admissions officer who deniesMarshall admission to its law school in1930. Prince George's County CircuitCourt Judge Albert Northrop will playthe voice of the Supreme Court and D.C.Administrative Law Judge NicholasCobbs will portray John Davis, Marshall'sopposing counsel who argued Brown v.

Board of Education before the U.S.Supreme Court in 1954.

Kathleen Kennedy Townsend willmake opening remarks.

Tickets are $20 for general admission;$10 for students with identification. Fortickets, call Marilyn Pierre at 301 442-2166.

MONTGOMERY COUNTYWOMEN’S BARASSOCIATIONAnd now for a few words from ourTriennial Auction Chairs, Heather Collierand Lili Khozeimeh ...

March 13, 2010 is right around thecorner and the 2010 Women's BarAssociation Triennial Auction is uponus–we are waist-deep in solicitations,preparations, and excitement. As the co-chairs, we find ourselves with the fantasticprivilege of being at the center of one of themost historically successful and well-attended bar association events in the coun-ty. But the privilege is not ours alone. TheAuction is successful because of the dozensof helping hands, inside and outside theWBA, who pitch in and make it happen.

(Continued on following page)

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18 The Bar Association of Montgomery County, MD Newsletter February, 2010

We are thankful for our members' and com-munity's continuing dedication to theAuction's success.

While the response to our call for sup-port for the upcoming Auction has beentremendous, much remains to be done. St.Francis of Assisi said: "It is in giving thatwe receive", and so it is with the WBAAuction. Corporations, small businesses,law firms, and local practitioners givethrough sponsorships. Individuals give bymaking donations of cash and auctionitems. Our Auction guests receive whenthey "Bid to Win" items in the silent andlive auctions. And, from the Auction pro-ceeds we receive, we give back to the com-munity by funding the WBA's budget forthe next three years and charitable dona-tions, such as the WBA Foundation'sScholarship Fund benefitting extraordinaryyoung women pursuing careers in the legalfield.

For those of you who would rather giveyour time and talents, there are opportuni-ties for all. Volunteers solicit donationsfrom local businesses. Many of our judici-ary give of their time and open their homesso that we can auction off dinners and otherevents with the Masters and Judges. OnAuction day, many volunteers come togeth-er to set-up and clean-up, and, of course, doeverything in between from making sureeveryone has a beverage to checking out thewinners at the finance table.

In all we give, we receive much, andwe hope that this message has inspired youto become involved with the 2010 WBAAuction. Catch the fever of giving that weare spreading. To donate, volunteer, or pur-chase tickets to attend the Auction, pleasecontact co-chairs Lili Khozeimeh,[email protected], or Heather Collier,[email protected].

SPECIALTY BAR ASSOCIATIONS

Lindsay Parvis, Chapter President(Continued from preceding page) AMERICAN LAW INSTITUTE | ABA SEMINARS/WEBCASTS~

Tuesday, February 2, 2010 IP Licensing: How to Avoid the Ten Most Frequently Litigated Provisions

~ live telephone seminar and live audio webcast ~Wednesday-Friday, February 3-5, 2010

Environmental Law – 40th Anniversary Presentation~ on site in Washington, DC | live video webcast ~

Wednesday, February 3, 2010Top 10 Employment Law Trends for 2010~ live telephone seminar and live webcast ~

Thursday, February 11, 2010 Advanced Estate Planning Practice Update: Winter 2010

~ live video webcast ~Thursday-Saturday, February 18-20, 2010 Advanced Employment Law and Litigation

A New Wind from Washington: New Legislation, New Regulation,and New Enforcement

~ on site in Washington, DC | live video webcast ~Tuesday, February 23, 2010

Health Plans Update: COBRA, HITECH and Other Welfare Plan Issues~ live video webcast ~

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

EXPERT WITNESSBanking Matters

FraudLender Liability

30+ Years Experience

R. Hugh RialRial & Associates LLC

(301) 509-0655www.rialassociates.com

KARL STEPHENS8719 Geren Rd.

Silver Spring, MD 20901Serving DC, MD and VA

METROPOLITANPROCESS SERVICES

(301) 929-6819

24 Hour Cell (301) 252-0706Skip TracingUnlimited AttemptsRush Services within 48 hoursCourt Filings AvailableScheduled Pickups

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February, 2010 The Bar Association of Montgomery County, MD Newsletter 19

WHAT’S NEW ...

Rockville, Maryland, 20850(http://www.averyuptonlaw.com). Ms.Ryan can be reached at (301) 762-7644 [email protected], Greenblatt, Renehan &Pearlstein, Chartered, is pleased toannounce that Edouard J.P. Bouquet hasjoined the firm as partner. He received hisJ.D. from Emory University School of Lawin 1988. Mr. Bouquet brings his expertiseand over 20 years of experience in litigationand all aspects of Domestic Relations law.Mr. Bouquet is admitted to practice inMaryland and the District of Columbia.The firm is located at 16061 ComprintCircle, Gaithersburg, MD 20877-1321;301-869-1700 (phone); 301-926-7844(fax); www.bgrfamilylaw.com (website).David C. Merkin, is pleased to announcethe opening of the Merkin Law Group,LLC, located at 600 E. Jefferson Street,Suite 410, Rockville, MD 20850. Mr.Merkin, who is currently the Chair of theBAMC's Circuit Court Bench BarCommittee, will continue practicing inthe State and Federal Courts of Marylandand the District of Columbia. Mr. Merkinwill concentrate his practice in generallitigation including commercial, civil,personal injury, estates, guardianshipsand criminal law. The Firm's telephonenumber is (301) 309-2525 and email [email protected] J. Fields has joined Rudolph,France & Gresham, P.C., a MontgomeryCounty boutique real estate practice group.Brandon brings significant experience tothe firm, with a focus on the acquisition,sale, development, financing, and leasing ofcommercial, office and residential proper-ties. www.rfglegal.com.

RENT/LEASEGAITHERSBURG – Windowed officeavailable in first class building on Rt. 355,

near Shady Grove Road. Office suite hasjust been built out. Includes internet, phone,fax, copier, kitchen, and 2 conferencerooms. Available furnished. Secretarialspace also available. Plenty of parking.Only a 5 minute drive to courthouses.Overflow work available. Call 301-670-6333.GERMANTOWN – Churchill ExecutiveOffice Park – high visibility, convenient toI-270; 1,000 SF end unit now available.Call (301) 251-9200.GREENBELT – Two medium-sizedoffices available in a premium three-officesuite to be shared with another attorney.Conveniently located near GreenbeltMetro Station and the Beltway. Plenty offree parking. Both offices have largewindows, high speed internet and phoneconnections. There is a receptionist, a faxmachine, printer/copier/scanner, aconference room and a full-size kitchen inthe suite, and a gym/exercise room in thebuilding. All utilities and amenities areincluded. Competitively priced andavailable on a month-to-month basis. CallEmily at 301-345-9555 [email protected] BETHESDA/ROCKVILLE –two attorney offices in law office suite.Walking distance to White Flint Metro; easyaccess to Rockville Pike and OldGeorgetown Rd. and I-270. Receptionistservices, fax, DSL, photocopier, 2conference rooms, kitchenette and freeparking. Contact Larry Kent; Kidwell,Kent & Curran 301-984-1212;[email protected] – One windowed office onsecond floor of two-level office buildingthat has a reception area, conference room,kitchen, copier, FAX machine and freeparking. Walking distance toCircuit/District Courts and Metro.

KUDOSJeffrey Van Grack, an attorney with Lerch,Early & Brewer, Chtd. in Bethesda, hasbeen elected to serve as dean of the Collegeof Community Association Lawyers(CCAL) in 2011 and '12. Elected by theCCAL Board of Governors, Van Grack willserve as CCAL dean-elect in 2010. VanGrack founded and co-chairs Lerch, Early& Brewer's community association practiceand an active member of CommunityAssociations Institute (CAI). Of the thou-sands of attorneys practicing communityassociation law in the United States, fewerthan 150 have been granted membership inthe College. Established in 1993 by the CAIBoard of Trustees, CCAL consists of aselect group of attorneys who have distin-guished themselves through contributionsto the field of community association law.CCAL members also are recognized forcommitting themselves to high standards ofprofessional and ethical conduct in the prac-tice of association law. Admitted to CCALin 1996, Van Grack is a member of theBoard of Governors and chair of the group'sAdmissions Committee. He is a past presi-dent of CAI's Washington Metropolitanchapter, the largest of the institute's 59 stateand regional chapters. He speaks regularlyon community association issues at nationaland chapter conferences and served as chairof the 2007 Community Association LawSeminar.

LEGAL ANNOUNCEMENTSAvery & Upton is pleased to welcomeSuzanne Ryan, Esq. as the firm's newestassociate. Ms. Ryan, who will concentratein Family Law, is a recent graduate of theUniversity of Maryland School of Law. Shealso holds a Master of Arts from AmericanUniversity and a Bachelor of Arts from theUniversity of Florida. Avery & Upton islocated at 51 Monroe Street, Suite 701, (Continued on following page)

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20 The Bar Association of Montgomery County, MD Newsletter February, 2010

WHAT’S NEW ...

Reasonable rent. Contact Benjamin A.Klopman at 301-424-0677.ROCKVILLE – Part-time or satelliteoffice and one or two full-time offices in abeautiful penthouse suite in premium officebuilding with outdoor terrace. Secretarialspace optional. One block from CircuitCourt. Adjacent to the Rockville MetroStation. Full use of conference room,reception, copier & kitchen, and otheramenities for a reasonable cost. CallStanley at (301) 340-3003.ROCKVILLE – Spacious three roomoffice suite available immediately. Acrossthe street from both courthouses, parkingavailable. Please call Hazel at (301) 762-8011 for more information.ROCKVILLE – Two windowed officesand secretarial space available in suite inOne Church Street building. Right next toMetro. Underground parking available.Walk to Rockville courthouses and newTown Center. Use of telephone, copier andtelecopier. Conference room available.Please call Sandy at (301) 251-0202.ROCKVILLE – Walk to Courthouses andMetro. Window & non-window spaces.Window (16 1/2 x 9 1/2); Non-window (151/2 x 10 1/2). 600 Jefferson Plaza – “TheEagle Building.” Indoor parking FREE forguests. Parking and cubicles available forstaff. Includes use of conference room andkitchenette. Copier/scanner/fax available.Stop by anytime. Call (240) 370-1901.SILVER SPRING – Fully furnished,corner office available and additionalunfurnished office, with secretarial space,reception area, conference room, upscaledecorated suite, conveniently located onGeorgia Avenue, Downtown Silver Spring,walking distance to Metro. Ideal for newattorney or to be used as a satellite office.For more information call 301-589-1600 oremail [email protected] SPRING – Two offices with floorto ceiling windows are available in ourprofessionally decorated and newlyrenovated suite just a block from courthouseand two blocks to Metro. New lighting,carpet, paint and window treatment wereinstalled so the suite reflects theprofessionalism of current tenants–attorneysand financial advisor. Rent includes use ofkitchenette, conference room and limited useof copier. Space for your assistant is alsoavailable. Please call 301-588-6610.

ATTORNEY POSITIONSAVAILABLECOMMERCIAL TRANSACTIONSASSOCIATE – Lerch, Early & Brewer seeks

an associate with 1 - 3 years of experience incommercial transactions to join our firm inrepresenting commercial real estatedevelopers, lenders and business owners in allaspects of acquisitions, sales, leasing andfinance of commercial real estate andbusinesses. Excellent growth potential. Pleasesend resumes to [email protected] TRANSACTIONSSENIOR ASSOCIATE – Lerch, Early &Brewer seeks an associate with 4+ years ofexperience in commercial transactions tojoin our firm in representing commercialreal estate developers and business ownersin the formation and counseling of businessentities and all aspects of acquisitions,sales, leasing and finance of commercialreal estate and businesses. Please sendresumes to [email protected] FAMILY LAWATTORNEY – Small, well established AV

(Continued from preceding page) rated Rockville family law firm seeks ahighly motivated and experienced familylaw attorney with 6 to 10 years of familylaw litigation experience. This positionoffers an excellent opportunity to join aboutique firm with a vision for the future.Great opportunities and practiceenvironment with excellent earningpotential for the right candidate. Allresumes accepted in strict confidence.Email to: [email protected].

FOR SALEUSED OFFICE FURNITURE – 8 ft.conference table, beautiful reception deskwith counter and return, wood veneersecretary desk with return, various used2,3,4 and 5 drawer vertical and horizontalfiling cabinets, wood veneer computer desk,wall cabinets, bookshelves and storageshelves. Call 301-838-9100.

CIRCLETREATMENTCENTER

COMPLETE CONFIDENTIALITY ASSURED

Twenty Five 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

YOUR EMAIL ADDRESS IS NEEDEDFor the purpose of voting in the General BAMC Election, it is important that you pro-vide us with your current email address. Please send your information to Clarice [email protected].

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WHAT’S NEW ...

February, 2010 The Bar Association of Montgomery County, MD Newsletter 21

OlaDipo A. Akin-Deko, 1629 K Street NW,Suite 300, Washington, DC 20006; tel.: (202)508-1066; fax: (202) 399-6355; email:[email protected] D. Barsky, 2845 Duke Street,Alexandria, VA 22314; tel.: (703) 370-4800;fax: (703) 370-4809; email:[email protected] D. Borean, 5904 Hubbard Dr.,Rockville, MD 20850; tel.: (301) 231-9480;fax: (301) 881-9465; email:[email protected] L. Edwards, 1425 K St., NW, Suite800, Washington, DC 20005l tel.: (202) 783-6040; fax: (202) 783-6031; email:[email protected] M. Feder, 12019 Winding Creek Way,Germantown, MD 20874; tel.: (301) 448-9632; email: [email protected] E. Hainline, 5904 Hubbard Dr.,Rockville, MD 20850; tel.: (301) 231-9480;fax: (301) 881-9465; email:[email protected] A. Hand, 1776 I Street, N.W., 9thFloor, Washington, DC 20006; tel.: (202)596-7630; fax: (202) 596-7631; email:[email protected] C. Hu, 735 Hyde Park Drive,Glen Burnie, MD 21061; tel.: (301) 938-1469; email: [email protected] S. Hwang, 14313 Autumn Crest Rd.,Boyds, MD 20841; email:[email protected]

Matthew G. Kaiser, 910 17th Street NW,Suite 800, Washington, DC 20006; tel.: (202)640-2850; fax: (202) 280-1034; email:[email protected] Khatri, 3 Bethesda Metro Center,Suite 700, Bethesda, MD 20814; tel.: (301)618-9149; email: [email protected] H. Kirchman, 717 D St., NW, 4thFloor, Washington, DC 20004; tel.: (202)347-4052; fax: (202) 204-6269; email:[email protected] M. Lowinger, 10201 Oldfield Dr.,Kensington, MD 20895; tel.: (301) 943-9749;fax: (301) 563-9644; email:[email protected] J. McDonough, 1208 Schindler Dr.,Silver Spring, MD 20903; tel.: (301) 910-8612; email: [email protected] A. Ostroff, 1110 Bonifant St., Suite510, Silver Spring, MD 20910; tel.: (301)588-8100; fax: (301) 588-8101; email:[email protected] D. Randolph, 1 Dudley Ct., Bethesda,MD 20814; tel.: (301) 530-8800; fax: (301)530-6303; email:[email protected] Niel Rosen, 3804 Windom Place, NW,Washington, DC 20016; tel.: (202) 441-6515;email: [email protected] D. Ryan, 51 Monroe St., Suite 701,Rockville, MD 20850; tel.: (301) 762-7644;fax: (301) 762-8539; email:[email protected]

NEW MEMBERSADVERTISERS INDEX

AccessInk, LLC . . . . . . . . . . . . . . . . . . . . .9www.accessink.net

Alternative Resolutions . . . . . . . . . . . . . .11www.alternativeresolutions.net

Berenato, White & Stavish, LLC . . . . . .10www.bwsiplaw.com

Center for Forensic Economic Studies . . . .9www.cfes.com

Circle Treatment Center . . . . . . . . . . . . .20www.circletreatment.com

Creative Dispute Resolutions, LLC . . . .17www.creativedisputeresolutions.com

Jay Dahill, Realtor . . . . . . . . . . . . . . . . . . .5www.JayDahill.com

Stephen J. Dunn, Esquire . . . . . . . . . . . .21www.sdunnlaw.com

Richard Edelman . . . . . . . . . . . . . . . . . . . .4www.economic-analysis.com

Elkind & Shea . . . . . . . . . . . . . . . . . . . . .10www.disabilitybenefitslawfirm.com

Jennifer Fairfax LLC . . . . . . . . . . . . . . . .7www.jenniferfairfax.com

David Harrison . . . . . . . . . . . . . . . . . . . .15www.marylandappraiser.com

Insight Treatment Center . . . . . . . . . . . . .6Invotex Group . . . . . . . . . . . . . . . . . . . . .13

www.invotex.comJoseph, Greenwald & Laake, P.A. . . . . .20

www.jgllaw.com.comMichael L. Kabik, Esquire . . . . . . . . . . .12

www.srgpe.com/immigration.htmlMcAdoo, Gordon & Associates, P.C. . . .18

www.mcadoolaw.comThe McCammon Group . . . . . . . . . . . . . .3

www.McCammonGroup.comMetro Counseling Services, Inc. . . . . . . . .4

www.metrocounselingservices.comMetropolitan Process Services . . . . . . . .18

www.metroprocess24.comMontgomery County Sentinel . . . . . . . .14

www.thesentinel.comOffice of Consumer Protection for

Montgomery County . . . . . . . . . . . . . . .19www.montgomerycountymd.gov/consumer

1 Stop Pack N Ship . . . . . . . . . . . . . . . . . .4www.1stoppacknship.com

Oxley & Goldburn Insurance . . . . . . . . .18www.oxleygoldburn.com

Rial & Associates LLC . . . . . . . . . . . . . .18www.rialassociates.com

Risk Management Group . . . . . . . . . . . .10www.rmgadvisors.com

Rossmann - Hurt - Hoffman, Inc. . . . . . .8www.rhhinsurance.com

Alan S. Zipp, Esquire . . . . . . . . . . . . . . . .7

If you would like to submit a law related article for possible publication inthe Newsletter, please forward it to Julie Petersen at [email protected].

Please note that it is at the discretion of the Executive Director as towhether, space permitting, the article will appear.

STEPHEN J. DUNNATTORNEY AT LAW

7400 York Road, Suite 405 208 East Market StreetTowson, MD 21204-7531 York, PA 17401-1249Phone (410) 321-8368 Phone (717) 845-7301Fax (410) 321-1599 www.sdunnlaw.com

FEDERAL WORKERS COMPENSATION (OWCP)OFFICE OF PERSONNEL MANAGEMENT (OPM)

DISABILITY RETIREMENTU.S. MERIT SYSTEMS PROTECTION BOARD

SECURITY CLEARANCE APPEALS

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22 The Bar Association of Montgomery County, MD Newsletter February, 2010

STATE’S ATTORNEY’S ASSIGNMENTS

WE NEED VOLUNTEERSThe Family Law Self Help Center is

in need of volunteer attorneys to helpself represented litigants in family lawmatters with legal information and/orlegal advice. If you have a desire toserve self represented litigants you canhelp in one of two ways:

1. Impromptu Volunteering: If youhappen to be at the Courthouse between12:00 pm and 2:00 pm and have a littletime to spare, stop by and see one, ormaybe two, clients. We almost alwayshave clients waiting during lunchhours, and could use your assistance.

2. Scheduled Volunteering: If youhave more time to spare or prefer amore structured arrangement, pleasecontact our Bar liaison: Judi Bluefeld,(301) 279-7817, [email protected],or stop by and consult with the Centerstaff. In that way, we can let you knowwhen the Center will be shorthanded,and can most use your valuable assis-tance.

Time that you volunteer at the FamilyLaw Self Help Center can be countedas Pro Bono hours to the Court ofAppeals.

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February, 2010 The Bar Association of Montgomery County, MD Newsletter 23

JUDGES SCHEDULES–DECEMBER

Circuit Court

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

Schedule updates are available on our website when we receive themhttp://www.montbar.org/BarAssociation.aspx ... Click on the Court Schedules link

Page 36: Pride in Membership, Leadership in Justice...Llewellyen, the average income of the lawyers in Minnesota for the last 10 years, that is, before the payment of state and federal income

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

PeriodicalsPostagePAID

atRockville, MD

Calendar

CR Bar Office Conference Room CLR CLE ClassroomC/S See Committee/Section Pages for Location CLE CLE Seminar–Call (301) 340-2534 to Register

FEBRUARY2 12:15p.m. Bar Luncheon

5:30p.m. CR Criminal Law Section Meeting3 8:00a.m. C/S Circuit Court Bench Bar Committee

Noon CLR Immigration Law Section Meeting12:15p.m. CR Youth Courthouse Committee5:30p.m. CLE CLE Seminar–Taxation Law

4 8:00a.m. C/S District Court Bench Bar Committee5:30p.m. CR Nominations & Elections Committee

5 Noon CR Education Law Section Meeting8 11:45a.m. C/S Estate & Trust Law Section Meeting

5:00p.m. CR Executive Committee Meeting5:30p.m. C/S Taxation Law Section Meeting

9 8:00a.m. CR Intellectual Property & Technology Law8:00a.m. C/S Real Estate Law Section Meeting5:30p.m. CR Nominations & Elections Committee5:30p.m. CLE CLE Seminar–Business Law

10 8:00a.m. C/S Alternative Dispute Resolution Section8:00a.m. CR Elder Law Section Meeting12:30p.m. C/S Circuit Court Chamber Chat12:30p.m. C/S Juvenile Law Section Meeting4:30p.m. CR Legal Ethics Committee Meeting

12 ~ BAMC/Red Cross Blood Drive ~15 ~ PRESIDENT’S DAY –Bar Offices Closed ~17 5:30p.m. CR New Practitioner Section Meeting18 8:00a.m. C/S Commercial Litigation Section Meeting

8:00a.m. C/S Law Firm Management Section Meeting12:30p.m. DELQ Bench Bar Meeting5:30p.m. CLR Family Law Section Meeting

24 5:00p.m. C/S Technology Committee Meeting25 7:45a.m. CLE CLE Breakfast–Breakfast with the Judges26 Noon CR Personal Injury Litigation Section

MARCH1 5:30p.m. CLE CLE Seminar–Immigration Law2 12:15p.m. Bar Luncheon

5:30p.m. CR Criminal Law Section Meeting3 8:00a.m. C/S Circuit Court Bench Bar Committee

Noon CLR Immigration Law Section Meeting12:15p.m. CR Youth Courthouse Committee5:30p.m. CLE CLE Seminar–Employment

Law/Personal Injury Litigation4 8:00a.m. C/S District Court Bench Bar Committee5 Noon CR Education Law Section Meeting8 11:45a.m. C/S Estate & Trust Law Section Meeting

5:00p.m. CR Executive Committee Meeting5:30p.m. C/S Taxation Law Section Meeting

9 8:00a.m. CR Intellectual Property & Technology Law8:00a.m. C/S Real Estate Law Section Meeting6:00p.m. C/S Business Law Section Meeting

10 8:00a.m. C/S Alternative Dispute Resolution Section8:00a.m. CLR Elder Law Section Meeting8:00a.m. CR Mentor/Mentee Committee Meeting4:30p.m. CR Legal Ethics Committee Meeting

11 7:45a.m. CLE CLE Breakfast–Breakfast with the Judges4:30p.m. CR Workers Compensation Law Section5:30p.m. CLE CLE Seminar–Family Law

15 5:30p.m. CLE CLE Seminar–Family Law (RitaRosenkrantz Family Law Training)

16 4:30p.m. C/S New Admittee Courthouse Tour &Reception (Reception @ 5:30p.m.)

17 12:30p.m. CINA Bench Bar Meeting18 8:00a.m. C/S Law Firm Management Section Meeting

5:30p.m. CLR Family Law Section Meeting22 5:30p.m. CLE CLE Seminar–Family Law (Rita

Rosenkrantz Family Law Training)23 5:30p.m. CLE CLE Seminar–Estate & Trust Law25 7:45a.m. CLE CLE Breakfast–Family Law26 Noon CR Personal Injury Litigation Section31 5:00p.m. C/S Technology Committee Meeting