the bar association of montgomery county, …€¦ · i thought i should write ... ited refrain,...

PRESIDENT’S MESSAGEBy Jack Quinn

THE HOLIDAYSEASON

I thought I should writesomething with a HolidayTheme. For two weeks, the lim-ited refrain, “Sleigh bells ring,are you listening?” has beenringing in my ears. Nothingmore, nothing less. Over and

over. I like the mental image of a sleigh glidingthrough the snow. I like the sound of sleigh bells. Ilove “glistening” but somehow these thoughts donot a column make.

In this season of magical lights, kindness andthe spirit of giving, I know what matters most to you----------- PRESENTS. Your Bar Association hasarranged for a few.

A. Although alluded to by Judge JohnDebelius during his truly fun and meaningfulremarks at the most recent Bar luncheon (very spe-cial really), now is as good a time as any toannounce the fabulous initiative being put togetherby our Community Outreach Committee chairsHeather Collier and Rhian McGrath. This spring,the Bar will participate in its First Annual SpecialOlympics outing. Rhian and Heather will puttogether teams of “huggers” to support the

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

Volume 59, Issue 6 December 2011

NEWSLETTERNEWSLETTERIN

SID

E T

HIS

IS

SU

E

3 Current Update

7 A Balancing Act ...

12 Tech Talk

13 New Practitioners

14 Committees/Sections

Insert Capital Campaign A Contributors

Insert Barristers’ B Bash

27 Pro Bono

28 Specialty BarAssociations

29 Rent/Lease Ads

31 Attorney OpportunityAds

34 States AttorneySchedules

35 Judges Schedules

Back

Cover Calendar

Pride in Membership, Leadership in Justice

BAR LUNCHEON SCHEDULE

December 6, 2011 – Speaker: The Honorable Eugene Wolfe, Administrative Judge, DistrictCourt of Maryland for Montgomery County

February 7, 2012 – The Honorable Ben C. Clyburn, Chief Judge of the District Courts ofMaryland

March 6, 2012 – Glenn M. Grossman, Bar Counsel for Attorney Grievance Commission

April 3, 2012 – Douglas F. Gansler, Maryland Attorney General

Rockville United Methodist Church112 West Montgomery Ave., Rockville, MD

12:15p.m. - 1:00p.m.

If you have a dietary restriction and require a special meal, please contact Cindy at [email protected] least 1 week prior to the luncheon. PLEASE NOTE ... We must receive your request in writing at least1 week in advance of the luncheon so that we can accommodate you.

(Continued on page 4)

www.montbar.org

WE ARE ACCEPTINGDONATIONS OF TOYS ANDGIFT CARDS TO BENEFITTHE MONTGOMERY COUNTYFAMILY JUSTICE CENTERCLIENTS

The Bar Association/Bar Foundationis collecting new, unwrapped toys for allages and grocery store gift cards to bene-fit the clients of the Montgomery CountyFamily Justice Center.* We would like tohelp spread a little joy to these familiesduring this holiday season.

*The Mission of the Family JusticeCenter is to promote safety, well-being, andhealing for victims of family violence.

Since opening its doors in 2009, morethan 1700 clients have sought services provid-ed by the MCFJC. In a desire to serve thoseclients and help support the wonderful work ofthe staff and volunteers of the MCFJC, theMCFJC Foundation continues to seek the com-munity’s support.

Donations will be accepted throughDecember 9th at theBar Association of

Montgomery County, MD27 West Jefferson Street

Rockville, MD

2 The Bar Association of Montgomery County, MD Newsletter December, 2011

FOR YOUR INFORMATION

2011-2012Officers and Chairs

ASSOCIATION OFFICERS President: John M. QuinnPresident-Elect: Daniel M. Kennedy, IIITreasurer: Bradford S. BernsteinTreasurer-Elect: James A. Mood, Jr.Secretary: Mimi L. MagyarPast President: Patricia M. WeaverExecutive Director: Julie PetersenEXECUTIVE COMMITTEESteven T. BlombergLauri E. ClearyWilliam C. Davis, IIIMarjorie G. DiLimaMark A. GildayMonica G. HarmsMaura L. LynchWanda MartinezMichael L. RowanJoan E. RyonPatricia P. ViaJohn S. Weaver

New Practitioners Co-Chairs:Casey W. Florance & Christopher W. Roberts

COMMITTEE CHAIRS (2010-2011)Assoc./Found. – Ann. Mtg. & Law Day – James A. Mood, Jr., Chair –

(301) 424-0400Bench/Bar-Circuit – David C. Merkin, Co-Chair – (301) 251-1180;

Michael A. Taylor, Co-Chair – (301) 251-2772Bench/Bar-District Court – Richard D. London, Chair – (301) 588-6900Fee Dispute Resolution – Carlos M. Lastra, Co-Chair – (301) 869-1700;

Karen Robbins, Co-Chair – (301) 260-0223Judicial Selections – Michael L. Rowan, Chair – (301) 762-1696;

H. Kenneth Armstrong, II, Vice Chair – (301) 251-0440Lawyer to Lawyer – Daniel W. Gaskill, Chair – (301) 279-7400Lawyer Referral – Elizabeth G. Loggia, Chair – (301) 340-9393Legal Ethics – Jeffrey M. Axelson, Co-Chair – (301) 738-7650;

Samuel M. Shapiro, Co-Chair – (301) 340-1333Legislation – Hadrian N. Hatfield, Chair – (301) 230-6575Membership Benefits – David W. Lease, Co-Chair – (301) 838-8950;

Michael J. Bramnick, Co-Chair – (301) 634-3117Nominations & Elections – Mimi L. Magyar – (301) 347-1260Professionalism & The Quality of Life - Heather S. Collier, Co-Chair –

(301) 340-9090; Rhian McGrath, Co-Chair – (301) 907-2804Social – Monica G. Harms, Co-Chair – (301) 838-3230;

Lili Khozeimeh, Co-Chair – (240) 777-9119Softball – Matthew S. Tidball, Chair – (301) 762-7770Specialty Bar Associations – To Be AppointedStrategic Planning – David A. Pordy, Chair – (301) 230-5205 Technology – Sebastian Forgues Co-Chair – (240) 507-1700;

Behzad Gohari, Co-Chair – (301) 761-3000Unauthorized 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) 777-6721

SECTION CHAIRS Alternative Dispute Resolution – Eric C. Johnson, Co-Chair –

(301) 977-8002; Judith A. Mustille, Co-Chair – (301) 424-1720Business Law – Robert M. Gottschalk, Co-Chair – (202) 530-3300;

Marc B. Bergoffen, Co-Chair – (301) 656-2707Collaborative Law – Suzy L. Eckstein, Co-Chair –

(301) 424-8081; Darcy A. Shoop, Co-Chair – (301) 340-7950Commercial Litigation – J. Bradford McCullough, Co-Chair –

(301) 657-0734; Jeffrey M. Schwaber, Co-Chair – (301) 838-3210Criminal Law – Jessica L. Zarrella, Co-Chair – (240) 777-7469;

Carlotta A. Woodward, Co-Chair – (301) 424-6366Education Law – Patrick J. Hoover, Co-Chair – (301) 424-5777;

Lynndolyn Mitchell, Co-Chair – (301) 340-2541;Karen S. Smith, Co-Chair – (240) 383-2555

Elder Law – Morris Klein, Chair – (301) 652-4462Employment 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 – Julie B. Christopher, Co-Chair – (301) 838-3257;

Erin L. Kopelman, Co-Chair – (301) 347-1261;Samantha H. Kravitz, Co-Chair – (301) 913-5236

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

(202) 625-7000; Howard A. Newman, Co-Chair – (202) 544-8040Juvenile Law – Daniel W. Gaskill, Co-Chair – (301) 279-7400;

To Be Announced, Co-Chair – Law Firm Management – Amy B. Strent, Chair – (301) 657-0010New Practitioners – Christopher W. Roberts, Co-Chair – (301) 340-9090;

Casey W. Weinberg, Co-Chair – (301) 838-3318Mentor/Mentee (sub of New Practitioners) - Samantha H. Kravitz,

Co-Chair – (301) 913-5236; Jeremy Rachlin, Co-Chair –(301) 656-8840

Chamber Chats – Aindrea M. Conroy, Chair – (301) 762-1696Personal Injury Litigation – Paul S. Chung, Co-Chair (Plaintiff) –

(301) 230-5230 & Andre M. Forte, Co-Chair (Defense) – (301) 791-6924Real Estate – Matthew D. Alegi, Co-Chair – (301) 230-6574 &

Alexis H. Peters, Co-Chair – (301) 255-0538Taxation – Chaya Kundra, Chair – (301) 424-7585Workers Compensation Law – William J. Inman, Co-Chair –

(301) 315-9400 & Jeffrey W. Stickle, 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.Daniel W. Gaskill, Chair

Phone: (301) 279-7400E-mail: [email protected]

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

[email protected]

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

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

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

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

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

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

[email protected]

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

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

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

[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.

BAR FOUNDATION OFFICERS(Effective July 1, 2011)

President: Patricia M. Weaver.President-Elect: John M. QuinnTreasurer: Audrey A. CreightonSecretary: Lili KhozeimehPast President: E. Joseph Fitzpatrick, Jr.

BOARD OF DIRECTORS

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

(301) 657-0176 & William C. Davis, III, Co-Chair – (240) 507-1711CLE Breakfasts – Diana H. Metcalf, Chair – (301) 251-6707Continuing Legal Education – Margaret M. Schweitzer, Chair – (240) 777-7327Diversity – Charles B. Day, Chair – (301) 344-0393Endowment – 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) 657-8808Pro Bono – Michael J. Goecke, Chair – (301) 657-0185School Mock Trial – Bradford S. Bernstein, Chair – (301) 517-4811Speakers Bureau – Ivonne C. Lindley, Chair (Public Division) – (301) 838-3217

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

Michael G. BanksHon. Mary Ellen BarberaLynn C. BoyntonDouglas M. BregmanJeannie K. ChoHeather CollierHon. Gary L. CrawfordHon. John W. Debelius, IIIDavid S. De JongPaul B. DeWolfePaul H. EthridgeMary Ellen FlynnJo B. FogelHon. Ann S. Harrington

Kevin G. HesslerHeather Q. HostetterPaul F. KempMimi L. MagyarJ. Stephen McAuliffe, IIIRachel T. McGuckianA. Howard MetroJohn C. MonahanJames A. Mood, Jr.David A. PordyAndrew L. SchwartzHarry C. StormHon. Roger W. TitusDonna E. Van Scoy

HEADING

December, 2011 The Bar Association of Montgomery County, MD Newsletter 3

CIRCUIT COURT NOTES

With December marking the holidayseason and the close of the year, it oftenprompts a look back at the experiences ofthe year gone by. 2011 will be remem-bered as a year of difficulty for many, ayear of cutting back and making do withless for most. As we enter December andprepare for 2012, we at the Circuit Courthope that the holiday season brings thequiet and simple joys too often over-looked in the frantic pace of our lives.May the New Year bring peace, health,and hope for a brighter future for us all.

Looking back also tells us there areimportant issues that continue to need atten-tion and the support of the members of theBar in their resolution. As announced earli-er this year, reviews of case files haverevealed noncompliance with the MarylandRules concerning the signing of pleadingsand other papers by some members of thebar across a variety of caseloads:

Rule 1-311. Signing of pleadings and

other papers.

(a) Requirement – Every pleading

and paper of a party represented by anattorney shall be signed by at least oneattorney who has been admitted topractice law in this State and whocomplies with Rule 1-312. Everypleading and paper of a party who isnot represented by an attorney shall besigned by the party. Every pleading orpaper filed shall contain the addressand telephone number of the person bywhom it is signed. It also may containthat person's business electronic mailaddress and business facsimile num-ber.

(b) Effect of signature – The signa-ture of an attorney on a pleading orpaper constitutes a certification thatthe attorney has read the pleading orpaper; that to the best of the attorney'sknowledge, information, and beliefthere is good ground to support it; andthat it is not interposed for improperpurpose or delay.

(c) Sanctions – If a pleading orpaper is not signed as required (exceptinadvertent omission to sign, ifpromptly corrected) or is signed with

intent to defeat the purpose of thisRule, it may be stricken and the actionmay proceed as though the pleadinghad not been filed. For a wilful viola-tion of this Rule, an attorney is subjectto appropriate disciplinary action.

Please be advised that pleadings andother papers that are not in compliancewith Rule 1-311 cannot be accepted forfiling. In filing pleadings and otherpapers, please include no more than onename beneath each signature line so thatthe actual signer can be identified.Compliance with this Rule will helpensure the integrity of filings in the

CURRENT UPDATE

John Murphy . . . . . . . . . . .301-519-9150Bill Chen . . . . . . . . . . . . . . .301-279-9500For 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



Olympians’ olympic efforts during a fullday of races, events and fun. More infor-mation will follow as dates and times andlogistics are worked through. If the feel-ings of pride in learning of our participa-tion aren’t Holiday gift enough, knowthat due to our efforts that dozens of addi-tional Olympians will be given thechance to compete. For years, the num-ber has been limited due to the unavail-ability of “huggers and helpers.” Due tothe efforts of your Bar Association, thenumber of the disappointed will be fewer.

B. I offer you, through the efforts ofJudge Charles Day, Jeannie Cho, JudgeAudrey Creighton, Michael Banks, SusanMagazine and others a very special secondgift. Feel good that your Bar Association’scommitment to a diverse and excellent Barwas demonstrated once again Veteran’sDay weekend by herculean efforts to attractand employ the “Best and Brightest”among the minority students attending ourlocal law schools. Numerous students willbe afforded summer opportunities oncereserved for the connected. Numerous law

PRESIDENT’S MESSAGE, cont’d

(Continued from page 1) firms will be richer for the experience. Ishould mention that this was a joint effort atgift-giving made possible by the J. FranklynBourne, Hispanic and Asian PacificAmerican Bar Associations as well as anumber of law firms all trying to do theright thing. Enjoy!

C. Perhaps the greatest gift of all illu-minated by the Festival of Lights or theglow of candles or the inviting illuminationshung on the numerous trees of the season isthe knowledge that our Bar efforts at kind-ness and caring and decency are not limitedto a season. They go on in soup kitchensand Pro Bono offices and through the effortsof countless members throughout the year,indeed throughout the years. BE PROUD –ENJOY THE FEELING. You are not likelyto receive a better present this year.

Epilogue

(I just learned this word and really like it)The Community Outreach

Committee and the Bar office are collect-ing unwrapped toys, and gift certificatesfor food and clothing to benefit the clientsof the Montgomery County Family Justice

Center. You might wish to ask your assis-tant to hold your calls for ten minutes andrespond. Just a thought.

The Honorable Nelson W. Rupp, Jr.The Honorable Joseph M. Quirk

Associate Judges, Montgomery CountyCircuit Court

and theMontgomery County Circuit Court

Adult Drug Courtcordially invite you to attend

A Graduation ofMontgomery County Circuit Court

Adult Drug Court Participants

Wednesday, December 14, 2011

Four o’clock in the afternoon

Circuit Court for Montgomery CountyJudicial Center

50 Maryland AvenueCourtroom 1, Third Floor

Rockville, Maryland

Reception Immediately Following

Circuit Court for Montgomery Countyand your assistance is appreciated.

Further, affidavits that are not nota-rized MUST contain the language pre-scribed by Rule 1-304:

The statement of the affiant may bemade before an officer authorized toadminister an oath or affirmation, whoshall certify in writing to havingadministered the oath or taken theaffirmation, or may be made by sign-ing the statement in one of the follow-ing forms:

Generally. "I solemnly affirm underthe penalties of perjury that the con-tents of the foregoing paper are true tothe best of my knowledge, informa-tion, and belief."

Personal Knowledge. "I solemnlyaffirm under the penalties of perjury andupon personal knowledge that the con-tents of the foregoing paper are true."

Affidavits that are not notarized

that lack the language required by

Rule 1-304 may be stricken.

COURT INTERPRETERS: Court

interpreters are in high demand in courtproceedings throughout the State and par-ticularly in Montgomery County. Staffinterpreters must juggle the needs of mul-tiple courtrooms every day; for many lan-guages, the Clerk’s Office must obtaincontract interpreters for whom the costmust be paid, whether or not the inter-preter is actually used. PLEASE notify

the Clerk’s Office when you have

requested an interpreter for your client

or a witness and your case has settled

or the interpreter will not be needed

for any hearing. As noted on the

request, failure to inform that Clerk’s

Office that the requested interpreter is

either no longer needed or not needed

for a particular hearing may result in

the costs of the interpreter being

assessed against the party or parties

who have requested this services.

ADR: PLEASE notify the court-

ordered mediator with whom you are

scheduled for an ADR session at least

24 hours before any scheduled ADR

session if your case settles. We have hadseveral instances of mediators who have

been appointed by the Court to conductADR session(s) at the rate set by theCourt, have cleared the time on theirschedules to do so, spent time preparingin advance of the session only to have theparties fail to appear. On investigation,the parties had already settled and simplydid not notify the Court or the mediator.The Court’s deep pool of experiencedattorneys, former judges, and mediatorswill diminish if litigators do not exercisecommon professional courtesy in notify-ing the mediator that the appointment isno longer needed due to settlement.

As announced in last month’s Bar

Bulletin, pursuant to Commercial Law

Article, Section 17-307, intangible

property held for the owner by the

Court for more than three years after

disposition of the cause of action shall

be deemed abandoned and transferred

to the State Comptroller who serves as

Administrator for disposition in com-

pliance with the Maryland Uniform

Disposition of Abandoned Property

Act.

CURRENT UPDATE


(Continued from page 3)

(Continued on following page)

PLEASE BE ADVISED THAT

THE OBLIGATION TO CONDUCT

DISCOVERY IS NOT STAYED BY

THE FILING OF A DISPOSITIVE

MOTION. Motions continue to be filedseeking lengthy postponements and re-issuances of scheduling orders due to thefailure of the parties to conduct any dis-covery on the basis of a pending motionto dismiss or for summary judgment orbecause the parties have been discussingsettlement. Absent good cause, lengthypostponements will not be routinelygranted, even when sought by consent orjoint motion.

As previously noted, for all CIVIL

TRACK 3 cases filed after July 1, 2010,settlement conferences are now conductedby retired judges, followed by pretrial hear-ings, if required, before the administrativejudge. Bar representatives at last year’sCivil DCM review identified the need forsubstantive settlement conferences con-ducted by judges with adequate time fordiscussion by counsel, parties, and any rep-resentatives with authority to settle a case.In the rare occasions in which a party or

representative seeks by motion to partic-

ipate by phone due to extreme hardship

or distance or infirmity, please be aware

that, if granted, the party is expected to

participate by phone rather than merely

being on telephone stand-by. To respond

to this need, six retired judges have beencommitted to conduct SettlementConferences, which will be held onThursday afternoons. Depending on thenumber of cases scheduled, one or more ofthe following judges will be scheduled toconduct these conferences: the Hon. D.Warren Donohue; the Hon. Ann S.Harrington, the Hon. Paul A. McGuckian,the Hon. S. Michael Pincus, the Hon.William J. Rowan, III, and the Hon. JamesL. Ryan. Attendance of counsel, parties,and representatives is mandatory unless asettlement agreement has been reached andneeds only to be put on the record.PLEASE FILE PRETRIAL STATE-

MENTS ON A TIMELY BASIS to allowthe judges to prepare for these conferences.

On the date of the Settlement PretrialHearing, please report to the locationnoted on the monitors where the judge willconduct the settlement conference. Wheresettlement agreements have been or arereached, they will be placed on the record.At the point that the judge conducting the

settlement conference determines that asettlement will not be reached, the judgewill excuse the parties and direct them toreport to the Administrative Judge, whowill conduct the Pretrial Hearing and set atrial date. PLEASE NOTE: Settlement

Conferences are not intended to serve as

or replace mediation or non-binding

arbitration; these may take several

hours or even several sessions. Counsel

are urged to utilize ADR as early as pos-

sible in a case and are encouraged to

request ADR orders via the Special

Master. Attendance at a Settlement

Conference is mandatory even where

parties have previously participated in

ADR and have not yet reached an agree-

ment.

Please be reminded that attorneys

who have entered their appearance

prior to a Criminal Scheduling Hearing

must request that their locally incarcer-

ated client be transported if they want

their client present at the Scheduling

Conference. Defendants who are not

CURRENT UPDATE


(Continued from preceding page)

Please Join Us in aRetirement Celebrationfor Circuit Court Judge

Thomas L. Craven

Thursday, December 1, 20115:00 P.M. - 8:00 P.M.

Circuit Court Atrium

Cost: $40.00 Private Members of the Bar

$20.00 Gov’t Attorneys/ Court Staff

Please makes checks payable to:Nicholas G. Hallenbeck, Esq.

Armstrong, Donohue, Ceppos,Vaughan & Rhoades, Chartered204 Monroe Street, Suite 101Rockville, Maryland 20850Memo: “Craven Retirement”

For additional information, please

contact Nancy McKinley at

[email protected]

transported will be served a copy of the

Scheduling order by the Sheriff’s Office.

Your comments and suggestions arealways welcome.

John W. Debelius, Administrative Judge forMontgomery County, MD

2011 JUVENILE BENCH/BARMEETINGS SCHEDULE

CINA (Courtroom #18/12:30 p.m.)

Wednesday, January 18Wednesday, March 21Wednesday, May 16Wednesday, July 18Wednesday, October 17DELINQUENCY

(Courtroom #19/ 12:30 p.m.)

Wednesday, February 15Wednesday, April 18Wednesday, June 20Wednesday, September 19Wednesday, November 21

MCCC LAW LIBRARY –CHECK IT OUT! ... FAMILYLAW RESOURCES!

Custody battles, contentious inheri-tances and take-no-prisoners prenups –family law is one of the busiest legal sec-tions in the court library and there is aplethora of materials on this specialty.

Print sources include the bible offamily law, John Fader’s MarylandFamily Law, The Family Law Manual andRutkin’s Family Law and Practice as wellas specialized treatises on subjects such asfamily asset valuation, adoptions andQDROs.

Many of these books are also avail-able online through our free-to-the public

Lexis and Westlaw contracts. New onlineresources include the MICPEL/MSBAhandbooks, a national form database andmost of the Matthew Bender treatises. Wealso have CDs of popular forms that canbe downloaded and completed online.

Keeping up-to-date on the latest fam-ily law developments is easy – we havesubscriptions to BNA’s Family LawReporter, the Maryland Law Monthly andMaryland Domestic Law Reports.

If you can’t make it to the library,check out these useful family law web-sites:

Montgomery County Circuit Court

(forms, procedures)

www.montgomerycountymd.gov/circuitcourt

Maryland Code and Rules

(family law article, court rules)

www.lawlib.state.md.us/researchtools/sourcesmdlaw

Maryland Domestic Relations Forms

www.courts.state.md.us/family/formsMaryland Online Child Support

Guidelines Worksheet

www.dhr.state.md.us/csea/worksheet.phpFor more information on family law

sources or on other legal specialties, con-tact the Circuit Court Law Library at 240-777-9120 or [email protected] hours are 8:00am-5:30 pm, at 50Maryland Avenue, Rockville MD 20850.

Kate Martin,Circuit Court Law Librarian

CURRENT UPDATE


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

Legal fees cause a lot of stress for both lawyers and clients. One way to reduce the stressit to take the issue head on.

Willingness to discuss fees up front makes it more likely you will get paid. If a client isunwilling to pay you up front, what does that tell you about the likelihood you will be paidlater? When you are paid in advance, it shows the client trusts you. Being clear about feesshows your client that you take on difficult subjects and you will be direct on their behalf.

Billing is important. When there is a balance due, send it with the work or on the daythe work is finished and ask for immediate payment or put a due date within the next week.Waiting until the end of the month can result in the client putting it off.

If you are serious about your value and worth, you billing policies will reflect it. Andyou should be.

******************If you would like coaching on this area of your law practice, please consider contacting

me to see how I can assist you.

Geoff Gilbert is a former practicing CPA at Ernst & Young and business attorney in MontgomeryCounty. He now coaches Lawyers, CPA's and Executives to help them manage their practices bet-ter and teaches stress related courses at the University of Maryland in College Park. You can reachhim through his website at www.executive-coach-for-lawyers.com.

EMAIL CONFIDENTIALITY:THE ELEPHANT IN THEROOM

I. INTRODUCTION

Just a decade ago, e-mail was a ques-tionable means for an attorney to commu-nicate with his/her client.1 But e-mail isso basic and important today in the every-day aspect of the attorney-client relation-ship that things have changed. This articleaddresses the recent ABA Opinionregarding the Duty to Protect theConfidentiality of Email Communicationswith One’s Client.

As the technology involved in elec-tronic submission has become betterunderstood and as the law concerningtelecommunications has developed, theprevalent view is that electronic commu-nication is in most instances an accept-able form of conveying client confi-dences even where the lawyer does notobtain specific client consent.2

However, confidentiality concerns stillexist with electronic client communica-tions.

On August 4, 2011, the ABAStanding Committee on Ethics andProfessional Responsibility issuedFormal Opinion 11-459 Duty to Protectthe Confidentiality of EmailCommunications with One’s Client. ThisOpinion provides an overview of alawyer’s duty to inform the client of risksassociated with electronic communica-tions with the lawyer. The Committeeposes the question, “when the lawyerknows or reasonably should know thatthe employee may use a workplacedevice or system to communicate withthe lawyer, does the lawyer have an ethi-cal duty to warn the employee about therisks this practice entails,” and answers itin the affirmative. The Opinion address-es when this ethical duty arises and whatsteps a lawyer must take to prevent accessby third parties from occurring. A cautionmay be appropriate to the practitionerhowever. There are some who believethat in many if not most cases, even if itmay be ethical to engage in electroniccommunications, it may not be advisableto do so. I refer the reader back to myarticle which appeared in the Bar Bulletinearlier this year. In that article, Iaddressed the various pitfalls and dangers

of the electronic data and internet age.Essentially, in order to maintain absoluteconfidentiality the only fail-safe tech-nique, if any, is to avoid placing the infor-mation on a computer or on an electronicdevice at all.

II. OVERVIEW OF FORMAL

OPINION 11-459

a. When Does the Duty Arise?

Email communications by lawyerswith clients are governed by the ethicalobligation to protect confidential clientinformation pursuant to Model Rule 1.6,which requires a lawyer to refrain fromrevealing “information relating to therepresentation of a client unless theclient gives informed consent.” Theethical duty arises when a lawyer issending or receiving substantive com-munications with a client by electronicmeans and when there is a significantrisk that a third party may gain access tothe communications. The lawyer mustknow, or reasonably should know, thatthe client is likely to send or receivesubstantive client-lawyer communica-

tions via electronic means in order forthe duty to arise. Significant risk canarise in various situations, but theOpinion focuses on the context of anemployment case, as employers oftenhave policies reserving rights of accessto employees’ workplace computers,regardless of whether the communica-tions are from a work or personal e-mailaccount.3

b. What does the duty entail?

The Opinion provides limitedinstruction on the efforts a lawyer shouldtake to protect the client confidencesfrom exposure to a third party. A lawyershould advise the employee-client aboutthe importance of communicating withthe lawyer in a manner that protects theconfidentiality of e-mail communica-tions. Specifically, as soon as the attor-ney-client relationship is established, alawyer should instruct the employee-client to avoid using a workplace com-puter or other device for substantivecommunications, and perhaps for anyattorney-client email communications.This admonition applies both to the

LEGAL ETHICS ARTICLE


client’s use of a personal e-mail accounton a workplace computer, and to thelawyer’s refraining from sending e-mailsto the client’s workplace. Given that therisks of a third party gaining access toattorney-client e-mail communicationsvary with every client, a lawyer musttake reasonable care to protect the confi-dentiality of the communications by giv-ing appropriately tailored advice to theclient.4

III. IS THE ATTORNEY-CLIENT

PRIVILEGE WAIVED WHEN

EMAILS ARE SENT OR

RECEIVED ON WORKPLACE

COMPUTERS

It is well settled that oral communi-cations made in the presence of a thirdparty (not an agent of the attorney orclient) are not privileged. The questionremains: in the electronic age, does theemployer’s computer system serve as thethird party that eliminates the privilege?

Formal Opinion 11-459 does not

address whether, and in what circum-stances, an employee’s communicationswith his or her attorney made from theemployee’s workplace device, are pro-tected by the attorney-client privilege.Unlike Rule 1.6, which is an ethical rule,the attorney-client privilege operates asa rule of evidence to prevent the disclo-sure of a confidential communicationmade by a client to his attorney for thepurpose of obtaining legal advice.5

Courts have reached varying conclu-sions about whether an employee’s attor-ney-client communications utilizing aworkplace computer are privileged.Several jurisdictions have held that theattorney-client privilege applied to e-mails with counsel using a personal e-mail account accessed on a workplacecomputer or when the evidence wasclear that an employer did not notifyemployees of a policy barring personale-mail use.6 Other jurisdictions reach adifferent result. In Holmes v. PetrovicDevelopment Co., LLC, the court held

that e-mails sent via a company comput-er were comparable to consulting withher lawyer in her employer’s conferenceroom, in a loud voice, with the dooropen, so that any reasonable personwould expect that their discussion of hercomplaints about her employer would beoverheard by him.7

Maryland courts have not ruled onwhether the attorney-client privilegeapplies to e-mails with counsel from aworkplace computer. Prudent lawyersrepresenting an employee against his/heremployer should be aware of the factorsthat courts have looked at in decidingwhether the attorney-client privilegeremains for electronic communicationsthrough the employer’s network; whetherthe employer has a policy in place pro-hibiting employees from using workplacecomputers for personal e-mails, andwhether the employer notified itsemployees that it would monitor its com-puters.8

There are steps that can be taken toavoid being the first attorney inMaryland that has to litigate this issue.As a preliminary matter, in any casewhere the client’s employer is or may beinvolved, best practices include notsending emails to the client’s work emailaddress and advising the client - fromthe start - not to use his or her workplacecomputer to send emails. An attorneycan protect him or herself by including adisclaimer in the bottom of every email.In fact, this simple disclaimer can pro-tect from various other potential issues,such as inadvertently sent emails.Lastly, including a disclaimer in theRetainer Agreement informs clientsfrom the start that email communica-tions could be discovered. A best prac-tice that a prudent practitioner shouldfollow would be to place cautionary lan-guage within the initial retainer agree-ment. This would provide the practition-er with documented and expressinformed consent by the Client.9

IV. CONCLUSION

In Maryland it is not clear yetwhether emails sent or received on anemployer’s computer or through workemail are protected by the attorney-client privilege. Given the ABA’s recent



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Ethics Opinion, an attorney has a mini-mum duty to inform the client of poten-tial pitfalls of using workplace email andcomputers to communicate. It is likelythat simple precautions, such as dis-claimers and warnings are sufficient forprotecting the attorney from failure-to-warn claims. The best method for pro-tecting the attorney-client privilege,however, may be by doing what isbecoming more and more uncommon:holding face-to-face meetings without athird-party present.

A.P. Pishevar, Committee MemberJeffrey M. Axelson, Legal Ethics Co-Chair

Samuel M. Shapiro, Legal Ethics Co-Chair

1 In the 1990’s, several states rendered ethicsopinions relative to e-mail and the concernsover confidentiality. For instance, Iowa andSouth Carolina insisted that e-mail cannot beused unless special precautions are taken toprevent its interception or client consentobtained. See Iowa Ethics Opinion96-1 1996;South Carolina Ethics Opinion 94-27 (1995).North Carolina has insisted that the same pre-cautions be observed for e-mail communica-

tions. North Carolina Ethics Opinion 215(1995).

2 D.C. Bar Op. 281 (1998). Numerous otherState Bar’s endorsed e-mail as an acceptablemeans to communicate with clients while stillprotecting client confidences. See e.g., AlaskaBar Ass’n Op. 98-2 (1998); Ky. Bar Ass’nEthics Comm. Advisory Op. E-403 (1998);New York State Bar Ass’n Comm. onProfessional Ethics Op. 709 (1998).

3 Third parties may have access to attorney-client e-mails when the client receives orsends e-mails via a public computer or whenthe client uses a computer available to others,such as in a matrimonial dispute when thehome computer is used.

4 Of note is Comment [20] of the MarylandRules of Professional conduct which states,“When transmitting a communication thatincludes information relating to the represen-tation of a client, the lawyer must take reason-able precautions to prevent the informationfrom coming into the hands of unintendedrecipients. This duty, however, does notrequire that the lawyer use special securitymeasures if the method of communicationaffords a reasonable expectation of privacy.Special circumstances, however, may warrant

special precautions. Factors to be consideredin determining the reasonableness of thelawyer’s expectation of confidentialityinclude the sensitivity of the information andthe extent to which the privacy of the commu-nication is protected by law or by a confiden-tiality agreement. A client may require thelawyer to implement special security meas-ures not required by this Rule or may giveinformed consent to the use of a means ofcommunication that would otherwise be pro-hibited by this Rule.”

5 Newman v. State, 384 Md. at 302, 863 A.2dat 330 (2004.)

6 See Stengart v. Loving Care Agency, Inc.,990 A.2d 650,653 (N.J. 2010); TransOceanCapital, Inc. v. Fortin, No. 05-0955-BLS2,2006 WL 3246401 (Mass. Super. Oct. 20,2006).

7 Holmes v. Petrovic Development Co., LLC,191 Cal.App.4th 1047 (2011) (This is sobecause Holmes used a computer of defendantcompany to send the e-mails even though (1)she had been told of the company’s policy thatits computers were to be used only for compa-ny business and that employees were prohibit-ed from using them to send or receive person-al e-mail, (2) she had been warned that the




company would monitor its computers for

compliance with this company policy and thus

might “inspect all files and messages . . . at

any time,” and (3) she had been explicitly

advised that employees using company com-

puters to create or maintain personal informa-

tion or messages “have no right of privacy

with respect to that information or message.”).

8 Id. The four-factor test applied in a decision

of the Bankruptcy Court in New York City, Inre Asia Global Crossing Ltd., assesses the

reasonableness of an employee’s privacy

expectation: (1) Does the company maintain a

policy that bans personal or other objection-

able use of its e-mail system? (2) Does the

company monitor the use of the employee’s

computer or e-mail? (3) Do third parties have

a right of access to the computer or e-mails?

(4) Did the company notify the employee or

was the employee aware of the use and moni-

toring policies? 322 B.R. 247 (Bankr.

S.D.N.Y. 2005).

9 Recommended Language: You agree that

we may communicate with each other

through email. Please understand that all of

our communications are privileged and con-

fidential, so long as they are not disclosed to

anyone else. That is, the Firm, including indi-

vidual attorneys, cannot be compelled,

except under rare circumstances, to disclose

information the Clients have shared with the

Firm’s attorneys and advice given to it. To

like effect the Clients cannot be compelled to

reveal the attorney’s advice either. For obvi-

ous reasons, that is a desired result because it

is intended to give a client comfort in sharing

all information with the Firm and its attor-

neys and that enables us to give advice tai-

lored to the client’s situation. Please under-

stand that sharing any of our advice with any-

one serves to jeopardize the attorney client

privilege of confidentiality. This is especially

true with regard to comments made on the

internet, particularly with any social net-

working site, such as Facebook or Twitter.

Please be advised that you should use caution

in using a business email account or using a

personal email account on a workplace com-

puter or device, at least for substantive

emails with counsel, since your employer

may be able to access such communications,

and such emails may not be privileged and

confidential.

NEW MEMBERSHIP

BENEFITS COMING SOON

The Membership Benefits

Committee has been tasked with

developing and establishing mem-

bership benefits which will include

discounts from various vendors, sup-

pliers and institutions (collectively

“Vendors”), for Bar Association

members. We are currently focusing

our efforts on professional services

such as court reporting, IT services,

printing, web design/hosting, docu-

ment storage, accounting, private

investigation, and office supplies, as

well as personal services such as

restaurant, spa, and gym member-

ship discounts. The Committee,

which consists of Annmarie Wall,

Michael Bramnick, Laura Gagliuso,

and David Lease, have been busy

contacting various Vendors in the

area in order to determine if they are

interested in participating in the pro-

gram.

There is no cost to the

Vendors, other than offering the

particular benefit or discount to the

bar members. The discount can

take any form and, in exchange,

the Vendors will be listed on the

Bar Association’s website. In

order for members to obtain the

benefit, they would need to enter

the “Members Only” page, which

is password protected, and click on

the particular service and Vendor to

obtain the discount. The member

would then have to print out the

discount in order to receive the

benefit or discount from the

Vendors. The Committee hopes to

go live with the Membership

Benefits section of the Bar

Association’s website in the near

future.

Additionally, to the extent that

any members of the Bar Association

know of any potential vendors which

may be interested in participating in

the Membership Benefits program,

please have that vendor contact any

member of the Committee.

David Lease, Co-ChairMichael Bramnick, Co-Chair

HEADING



I’m not a big tweeter. If you evenknow what that means, then I give youpoints. For those who don’t, I refer, ofcourse, to the social networking servicelaunched by a few forward-thinking techheads in 2006. The point of Twitter is toshare 140 word status updates withfriends, followers and oh yeah, the rest ofthe micro-blogging world. These“tweets” range from actual status updates(“Good morning...time for coffee”) toopinions and thoughts (“The currentOccupy Wall Street movement is the bestillustration to date of what PresidentBarack Obama's America looks like”) tobreaking news (“The late Steve Jobs wasright... Flash is dead!”).

Millions of users around the globevoice their statements (in 140 words orless) at all hours of the day. Twitter canbest be compared to a constant stream ofglobal consciousness. One minute it’sfocused on Steve Jobs, the next on KimKardashian.

But that does not answer the questionof why the world is so captivated by 140words or less. Or why you should be.

I have 526 followers on Twitter —that means that 526 online personalitiessubscribe to my status updates, which arethen shown on their Twitter stream (aconstant thread of recent tweets from allthe personalities you follow on Twitter.To be honest, I do not know half of thesepeople. Scratch that, I do not know a vastmajority of my followers — in person,anyway. I know them by their Twitterhandles, or the news articles and casebriefs they link to in their tweets.

Yes, attorneys are on Twitter. Andthere are quite a few. Though the legalfield may not be the most suitable indus-try for Twitter — I would argue that jour-nalists are the only tweeters that reallyuse Twitter to the fullest — there is cer-tainly a following. For the most part, I’vefound attorneys follow other attorneys.They tweet about interesting news or

findings, include funny anecdotes fromwork or share resources. Actually, for thetech-savvy lawyer, Twitter can be quite atool. It’s an easy way to reach out to otherlike-minded individuals around the coun-try and share tips or things you find inter-esting in your daily business.

Twitter is also a great way to marketyourself, especially if you have profilesset up on other social networking sites,such as LinkedIn or Facebook. With eachtweet, you add to and shape your digitalpersona. This is how people see you inthe tech world. You can also self-promoteand link to articles you’ve written orthings your firm has published. You canalso cross-link your various social net-working profiles in order to promoteyourself across a larger spectrum.

But, I digress. Twitter is not foreveryone. It can be chaotic, and over-whelming — that is why it is important tobe cautious in picking who you follow,and in regulating who follows you. If youprefer to tweet only to a small group ofpeople who you approve there is also afeature in which you can protect yourtweets from public view. That may be thebetter option, especially for the casual,fun tweeter who does not want everywhimsical status update broadcast to theworld.

If you haven’t had a chance to checkout Twitter yet, I suggest you give it a try.In this fast-paced, tech-heavy world, theconstant flow of up-to-date informationand news is the standard. And those withtheir fingers in the mix are set to benefitthe most. After all, Twitter is an interna-tional phenomenon — one that does notappear to be going away anytime soon.

TECH TALK ... by Pat Hoover


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HEADING


NEW PRACTITIONER SECTION

NEW PRACTITIONERSECTION MEETING DATES

January 24, 2012* April 24, 2012February 28, 2012 May 22, 2012March 27, 2012*Service Project at MANNA

All meetings will be held on the 4thTuesday of each month at 5:30 p.m. in theCLE Classroom of the Bar Associationbuilding, 27 West Jefferson St.,Rockville, MD, unless otherwise noted.

So far, we have had a great turnout atour events and programs held this fall, andthere is plenty more to come through theyear. As always, we invite YOU to join us!

Thanks to all who turned out for our“Friendraiser” Happy Hour in November. Agood time was had by all and theCommunity Outreach Committee collectedmany donations from attendees which willbenefit the clients of the MontgomeryCounty Family Justice Center. For all thoseinterested in making a donation to the FamilyJustice Center, please contact Heather Collier([email protected]) or RhianMcGrath ([email protected]), Co-Chairs of the Community OutreachCommittee, to learn how to contribute.

On Tuesday, January 24th from 6:00

p.m. to 8:00 p.m., the New Practitioner’s

Section and the Community Outreach

Committee will participate in a communi-

ty service project at MANNA inRockville, Maryland. We will be packingfood boxes to be distributed at MANNA’slocal food centers during the month of

January. All sections members interestedin participating in this service projectshould RSVP to Chris Roberts by email at:[email protected]. This has provedto be a popular service project in past yearsand there are a limited number of volunteerspots available, so be sure to RSVP soon toensure you will be able to participate!

CHAMBER CHAT

In light of the hustle and bustle of theholiday season, including a number of Baractivities and holiday parties, there will notbe a Chamber Chat in the month ofDecember. Have no fear, however,Chambers Chats will resume in January, soplease stay tuned for information regardingour January Chamber Chat in the upcom-ing January Newsletter. Those who haveattended our past Chamber Chats will tellyou that they are both entertaining and edu-cational, and offer our members a greatopportunity to get to know a member of ourCircuit Court bench in an informal setting.All bar members are encouraged to attend.If you have any questions, please feel freeto contact Aindrea Conroy, Chamber ChatCommittee Chair, at (301) 762-1696 [email protected].

MENTOR/MENTEE

COMMITTEE

First, thank you to all of our Mentorsand Mentees who attended the HappyHour at La Tasca on October 20th. It was

a fun evening, and we encourage ourMentors and Mentees to continue attend-ing Bar Association events together.Don't fret if you could not make it to thisHappy Hour; we will be hosting anotherone in the Spring.

Meanwhile, it is almost time forNovember Bar Exam results and thatmeans a whole class of new admittees willsoon be looking for mentors. We encour-age and invite experienced attorneys whohave practiced seven years or more to signup to be a Mentor. The time commitmentis minimal (fall and spring social eventsand accompanying your Mentee to at leastone Bar event), and your impact on yourMentee can last a lifetime.

We invite all attorneys in practicefor seven years or less to take part inthe BAMC Mentor-Mentee Program asa Mentee. Experienced attorneys ofthe Montgomery County Bar gener-ously donate their time, energy, andwisdom to make this program work.Mentees learn about the general prac-tice of law and gain other useful prac-tical advice from their mentors.Mentors are paired with mentees for aterm of 12 months.

For more information about the BAMCMentor-Mentee program, or if you would liketo participate in the program either as a men-tor or mentee, please contact Jeremy Rachlinat [email protected] or SamanthaKravitz at [email protected].

Chris Roberts, Co-ChairCasey Weinberg, Co-Chair

JUVENILE LAW SECTION ... LET’S RESTART THE DISCUSSION!

Last year, we had a lot of attendance at the Juvenile Law section meetings. We were talking about ways to improve the flow of JuvenileCourt, and we were all excited when DCM got involved. DCM came and went, and certainly the system fixed some issues, but there areadditional issues that can only be resolved through discussions and creativity of the people who practice Juvenile Law.

For example, Pre Trial days were originally meant to be a time that cases could be resolved through a plea, dismissal, or otherarrangement between the State and Defense Counsel. Now, most people that practice frequently in Juvenile do not take advan-tage of PT day – with good reason.

Nobody wants to wait an hour or two to put a plea on the record. Nobody wants to plea a kid to something when they haven’treceived any discovery yet, or even met the kid. Nobody wants to wait behind three other families for a DJS interview. No States’Attorney wants to dismiss a case before they have reliable information to warrant a dismissal. Everybody wants to get out of thePT madhouse and retreat to a nice warm cup of coffee.

The meeting dates are posted, emails are sent out, and we have listed the meeting dates on the Bar website. We even buypizza. I’m not sure why – but nobody comes. It’s fine, because I just eat the leftover pizza for a couple of days, but the conver-sation would be a little more interesting if I wasn’t talking to Donny Knepper the whole time. He is nice and everything – andcertainly one of the more interesting people around here – but I can talk to him at the office without buying pizza.

So, if you practice Juvenile Law, or if you are interested in practicing Juvenile Law, or if you once knew somebody who’scousin used to want to practice Juvenile Law, please come to the meeting. You’ll be glad you did!

Dan Gaskill, Esq., M.S.W., Chair, Juvenile Law Section

COMMITTEES & SECTIONS


ALTERNATIVE DISPUTERESOLUTION SECTION

December 14, 2011 April 11, 2012January 11, 2012 May 9, 2012February 8, 2012 June 13, 2012March 14, 2012

All meetings will be held on the 2ndWednesday of the month at 8:00 a.m. atthe First Watch restaurant, located at 100Gibbs Street, Unit D, Rockville,Maryland 20850 (right in Rockville TownSquare).

Erik Johnson, Co-ChairJudy Mustille, Co-Chair

BUSINESS LAW SECTION

The BAMC Business Law Sectionextends its greatest thanks and apprecia-tion to the Hon. Robert J. Garigiola, StateSenator for Maryland, for giving us a2012 Legislative Session preview inNovember. We also wish to thank all ofour presenters, hosts, and of course oursponsors, Klausner Bendler + Associates,and National Registered Agents Inc.

(NRAI), for some great education, net-working and fun in 2011.

The BAMC Business Law Sectionwill not have a December meeting, but wewill begin 2012 with our program“Considerations in Corporate OpinionPractice” on Wednesday, January 18,

2012 at 6:00PM at Selzer Gurvitch Rabin& Obecny, Chtd. in Bethesda. This pro-gram will address opinion letter practice intransactions, including the issuance ofopinions pursuant to Delaware GeneralCorporate Law by Maryland attorneys. Asalways – thanks to our sponsors – a lightdinner will be provided.

The following is a schedule of meet-ing dates for the BAMC Business LawSection for the winter and spring 2012(including the topics, loosely stated): No December meeting Wednesday, January 18, 2012 – “Con -

sidera tions in Corporate OpinionPractice” @ Selzer Gurvitch Rabin &Obecny, Chtd.

Wednesday, February 15, 2012 – “A

Survey IP Course for Every BusinessPractitioner” (location TBD)

Wednesday, March 21, 2012 – “SBALending” @ Lerch, Early & BrewerChtd.

Wednesday, April 18, 2012 – Maryland“LLC Act Amendments” @ Linowesand Blocher, LLP

May 18, 2012 CLE (Law Day) –“Lovers & Fighters – transactionalattorneys vs. litigators – a panel discus-sion” @ Bethesda North Marriott Hotel& Conference Center.

All monthly section meetings will beheld on the 3rd Wednesday of the monthfrom 6:00 p.m. - 7:00 p.m. at a location tobe determined, unless otherwise noted.Continuing Legal Education Seminarswill be held on dates and times that maynot be 6:00 p.m.

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

Marc Bergoffen, Co-ChairBob Gottschalk, Co-Chair

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CIRCUIT COURT BENCH

BAR COMMITTEE

MEETING DATES

December 7, 2011 April 4, 2012January 4, 2012 May 2, 2012February 1, 2012 June 6, 2012March 7, 2012

All meetings are open and any mem-bers of the BAMC are welcome to attendthe meetings. All meetings will be heldon the 1st Wednesday of the month at8:00 a.m. in the Administrative Judge’sConference Room on the 3rd floor of theCircuit Court building in Rockville.

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

PUBLIC COMPUTERS: The Clerk'soffice has computers available in Room218 of the Judicial Center for the publicto use to access Case Search, LandRecords and Register of Wills. If some-one needs assistance with the computersor help with their search, a member of theclerk's staff is there to assist them.

MARYLAND'S UNCLAIMEDPROPERTY: In order to retrieve previ-ously held registry funds from Maryland'sUnclaimed Property, the parties to thecase should file a motion requesting theclerk to retrieve the funds fromUnclaimed Property. The motion shouldalso request that upon receipt of the fundsback into the court registry they be dis-bursed to the parties and is entitled to thefunds. The order should include the fol-lowing language: "The principal balanceof funds deposited in the registry of theCourt, plus accrued interest and minusadministrative costs, shall be promptlyreleased to ________________, andmailed to (if applicable)__________________."

INTERPRETERS: If you requestedan interpreter for your case and it turnsout the interpreter is not needed, it isextremely important you notify theclerk of the court as soon as possible. Ifthe cancellation is done 48 businesshours in advance, we will not becharged a 2, 4 or 8 hour cancellation fee

depending on the amount of time thecourt event was scheduled for. We mustall work together to help reduce thiswaste of funds.

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

If you have any concerns to bring tothe Committee’s attention, please feelfree to contact any Committee memberor David C. Merkin at (301) 309-2525or [email protected]; orMichael A. Taylor at (301) 251-2772,[email protected].

David Merkin, Co-ChairMichael Taylor, Co-Chair

COLLABORATIVE LAWSECTION

2011-2012 Section Meetings

December 1, 2011 March 1, 2012January 5, 2012 April 5, 2012February 2, 2012 May 3, 2012

All meetings will be held at 5:30




Security ClearanceLawyers

McAdoo Gordon & Associates, P.C.

202‐293‐0534www.mcadoolaw.com

p.m. in the CLE Classroom of the BarAssociation building, unless otherwisenoted.

Please join us on December 1st for

our regular Section meeting. All meet-ings will be held on the first Thursday ofeach month at 5:30 at the Bar Building.

A HUGE thank you to Roger Haydenof Pasternak & Fidis, Chair of the CivilCollaborative Practice Committee of ourSection, for stewarding a great panel forour Fall CLE “Civil and Commercial

Applications in Collaborative Practice!”

We had practitioners from all aspects ofcivil litigation and several financial profes-sionals in attendance. Everyone's interestin how Collaborative Practice applies inareas other than family law was peaked.Like divorce, disputes affecting business-

es, partnerships, employment issues,

medical malpractice, construction, real

estate, and probate and estate matters

are often financially and emotionally dis-ruptive for everyone involved.Collaborative Law benefits resolution inthese areas as well by focusing on prob-lem-solving among the parties and theirattorneys, rather than on adversarialapproaches that typically result in costlyprotracted litigation. Collaborative Lawencourages the use of jointly-retainedexperts and consultants in a confidentialsetting. Thank you also to our other panelpresenters: President-Elect Dan Kennedy,Ron Bergman, Stephanie Fink, SteveWeisbaum, and Joe Estabrook. For moreinformation on the Civil CollaborativePractice Committee, please contact RogerHayden at [email protected].

December’s Program: A funny thing

happened on the way to the IACP Forum

in San Francisco and you missed it? Noworries! For our December meeting, wewill fill you in on what you missed! We willhave some of the actual presenters from theForum and others who attended. For new-comers, the IACP is the InternationalAcademy of Collaborative Professionalsand each year, collaborative professionalsfrom all over the world meet for networking,education and a whole lot of fun! This year,the annual IACP Forum was held in SanFrancisco and featured a wide variety ofinternational presenters on hot topics inCollaborative Law. We will have summarypresentations on impasse, building and

maintaining a remarkable collaborativepractice, the power of apology, delving intoand navigating conflict, and more! PleaseRSVP to [email protected] [email protected] as space may belimited.

January's Program: TBDIn true collaborative tradition we will

have food and drink at each meeting!

Special thanks to Jeanne Koerber andKeller Williams Realty, and Pasternakand Fidis for the wonderful refreshmentsat our November meeting!

You need not be collaborativelytrained to join or attend our meetings.

See you on December 1st!Suzy Eckstein, Co-ChairDarcy Shoop, Co-Chair

COMMERCIAL LITIGATIONSECTION

The January breakfast meeting of theCommercial Litigation Section will takeplace on Thursday, January 19 from

8:00-9:00 a.m., at the offices of Lerch,Early & Brewer, 3 Bethesda Metro Center,

Suite 460, Bethesda. Please RSVP toBecky Madison at (301) 657-0726, [email protected]. More infor-mation as to speaker and topic will be pub-lished and circulated in the near future.

Brad McCullough, Co-ChairJeff Schwaber, Co-Chair

COMMUNITY OUTREACH

COMMITTEE

Thank you to everyone who donatedtoys and gift cards to the clients at theFamily Justice Center. The donationswill hopefully be a much needed relief tothose families who receive the toys andgift cards during the holiday season. TheCommittee wishes a happy, safe, andhealthy holiday season to everyone.

As a fresh start to the New Year,please join the Community OutreachCommittee and the New PractitionerSection from 6:00 p.m. to 8:00 p.m. on

January 24, 2012 to assist in packagingfood for the hungry through MANNA.

Manna Food Center is a nonprofit organ-ization in Montgomery County that




strives to eradicate hunger throughoutthe county. If you plan to join, pleasecontact Casey Florence [email protected].

We are excited to announce a newprogram for this spring. Specifically, theCommunity Outreach Committee, in col-laboration with the New PractitionerSection, intends to coordinate a signifi-cant volunteer effort for the MontgomeryCounty Spring Special Olympics. It isour hope that the Bar Association’s par-ticipation with this organization will be along lasting relationship, benefitting boththe volunteers and participants for yearsto come. Please be on the look-outfor information regarding the details ofthis event in the January newsletter wherewe will outline orientation dates and spe-cific volunteer opportunities. If youalready know you are interested in learn-ing more about volunteering for thiseffort, please contact Heather Collier,[email protected], or RhianMcGrath, [email protected].

The Community OutreachCommittee continues to volunteer the

second Friday of every month atShepherd’s Table. Shepherd’s Table pro-vides basic services to those in need andspecifically provides a dinner meal from6:00 p.m. to 7:30 p.m., seven nights aweek. Please contact Dan Shaivitz [email protected] if you are interested involunteering.

If you have any thoughts orcomments for the Committee, pleasecontact Heather Collier [email protected] or RhianMcGrath at [email protected].

Heather Collier, Co-ChairRhian McGrath, Co-Chair

CRIMINAL LAW SECTION

We are pleased to announce that forour December Meeting, the CriminalLaw Section along with the ImmigrationSection will be having a Joint Mixer. Wehave reserved the lounge area at the LaTasca Restaurant on December 13, 2011

from 6:00 p.m. to 7:30p.m.

Additionally, this mixer will also benefitthe Montgomery County Bar

Associations’ Pro Bono Program. LaTasca will donate a percentage of the rev-enues to the Montgomery County BarAssociation, Pro Bono Program. LaTasca has agreed to extend the donationsnot just for our mixer but for the entireday. For the revenues during the day, BarMembers must mention the Pro BonoFundraiser for a portion of that bill to beadded towards the revenues. Please comeout and meet the Immigration LawSection Members and help benefit ourBar Association’s Pro Bono Program. Welook forward to seeing you December 13,2011 from 6:00 p.m. to 7:30 p.m. at LaTasca.

Carlotta Woodward, Co-ChairJessica Zarrella, Co-Chair

DISTRICT COURT BENCH

BAR COMMITTEE


All meetings will be held at 8:00 a.m.




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Please make checks payable to Montgomery County Bar Association and mail to:BAMC Social Committee, c/o Dragga, Hannon, Hessler & Wills, LLP

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Attention: Heather Collier

If paying by credit card, please fax this form to Heather Collier at (301) 340-0725

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in the District Court building, 191 EastJefferson St., Rockville, MD, unless oth-erwise noted.

Hot Box

The court has for many years main-tained a “hot box” for civil priority mattersthat are of an urgent nature requiring imme-diate court action. The Court advises attor-neys that this should not be used for late dis-covery matters, or for discovery sanctions.These should be disposed of in advance ofthe eve of a trial or other court hearing. Aneed for a last minute continuance, involv-ing a sudden emergency or other unantici-pated event, is appropriate for the hot box.The moving party should advise of the posi-tion of the other side in the pleading. TheCourt will arrange to have a Judge availablefor review of these matters, so that they willreceive prompt attention.Advising Court of an Attorneys’ Last

Minute Status for a Trial or Hearing

The Court has provided contactinformation for attorneys to use if theyare encountering an unanticipated delayin appearing in Court on time. If an attor-ney encounters an unavoidable delay, isin route to Court but may not be able tomake it on time, the attorney can callchambers to advise of his status. Thechambers number for Silver Spring toadvise the Court of the attorneys’ status is(301) 563-5520. The chambers numberfor Rockville to advise the Court of theattorneys’ status is (301) 563-8867.

After Hours Drop Box

The drop box for filing pleadingswhen the Court is not open for regularbusiness hours is found in the commis-sioner’s office. Pleadings that are filedafter hours will be stamped when they arefiled.

Parole and Probation

All intake for criminal and trafficmatters for the Department of Parole andProbation is now taking place in the newRockville Court building.

Attorney’s Appearances

The Court has a problem concerningattorneys who file a line or pleading with-drawing their appearance from a pendingmatter. The Court reminds attorneys thatthey must follow the Rules of Procedure inwithdrawing their appearance, includingsending notice to the client, filing a motion,and/or entry of an appearance of another

attorney, and obtaining a court order if nec-essary. The Court advises attorneys not tofile such motions at the last minute.

If a privately retained attorney is enter-ing an appearance in a criminal matterwhere the Public Defender has been repre-senting the client, the attorney should noti-fy the Public Defenders’ Office, so that thePublic Defender is aware that the client hasretained private counsel.

States Attorney Discovery

The discovery fee for the state’sattorney will be changing to a uniform feewhich will be published.

Miscellaneous Civil Matters

Rocket Docket

It is necessary to have stricter adher-ence to the rules in order to avoid unnec-essary delays. Continuances beyond theinitial court date will also be limited.

Form Order

The form order denying Judgment isbeing modified. The reference to the vio-lation of the Fair Debt CollectionPractices Act is being eliminated.

Attorney’s Fees

The Court has been requiring an affi-davit from plaintiff’s counsel to support arequest for an award of attorney’s fees,and not awarding attorneys fees withoutone. The judges have been discussing thetype of detail they would like to see in theaffidavit and the reasonableness of thefee. The Court would like to see moredetail concerning the services performed,instead of a summary statement.

Other Issues

The committee is becoming moreactive in providing feedback to the Courtconcerning issues of concern to the Bar.Please advise of any concerns that youfeel should be addressed by the Court.

Richard D. London, Chair

EDUCATION LAW SECTION





(Continued from page 17)

LOOKING FOR A LOCAL LAWFIRM FOR YOUR VIRGINIA

CRIMINAL & TRAFFIC CASES?

Jonathan R. Oates is an attorney with Jezic, Krum & Moyse, LLC,based in Montgomery County.

Mr. Oates regularly practices criminal law in allNorthern Virginia counties, including Fairfax, Arlington,

Alexandria, Prince William, and Loudoun

Call Jon with your Virginia referral/questions:

in Virginia at (703) 763-7708

or in Maryland at (240) 292-7200

All meetings will be held at12:15p.m. in the Conference Room of theBar Association building, 27 WestJefferson St., Rockville, MD, unless oth-erwise noted.December 9, 2011 “Brown Bag”

The Ed Law Section’s next BrownBag meeting of the year is scheduled for12:15 p.m. on Friday, December 9, 2011.

All meetings are held in the conferenceroom at the Montgomery County Barheadquarters. For the December 9, 2011meeting, we will be discussing the newcharter school in Montgomery County.Please join us for an interesting and livelydiscussion on the impact that the new char-ter school will have on MCPS and educa-tion law. Light refreshments will be pro-vided. If you are unable to make theDecember Brown Bag Meeting, our firstmeeting of the New Year will be held onFriday, January 13, 2012 at 12:15 p.m.

Spring CLE

The Ed Law Section is in the processof planning a CLE that will be held inFebruary. The topic for the CLE is TBA.We anticipate a CLE that will benefitpractitioners in the areas of civil, crimi-nal, juvenile as well as family law.

If you have not done so already,please join the education law forum. Youcan access our forum through theMontgomery County Bar Website.

Pat Hoover, Co-ChairLynndolyn Mitchell, Co-Chair

Karen Smith, Co-Chair

ELDER LAW SECTION


December 14, 2011 March 14, 2012

January 11, 2012 April 11, 2012February 8, 2012 May 5, 2012

All meetings will be held at 8:00 a.m.in the Conference Room of the BarAssociation building, 27 West JeffersonSt., Rockville, MD, unless otherwisenoted.

On December 14, the speaker will beDeborah Carter, Supervisor of the

Medical Assistance Long Term Care

Unit for Montgomery County.

Morris Klein, Chair

EMPLOYMENT LAWSECTION

Upcoming Meetings

February 7, 2012 at 11:00 a.m. April 3, 2012 at 11:00 a.m.

All meetings will be held in theConference Room of the Bar Associationbuilding, 27 West Jefferson St.,Rockville, MD.

Thanks to MARYLAND SENATORJAIMIE RASKIN for his legislationupdate. We enjoyed his insights andresponse to our concerns.

Coming Soon – We are planning ahappy hour with the immigration sectionpossibly in mid-January.

A joint CLE with the Taxation LawSection will be held on January 31, 2012

at 5:00 p.m. Danny Katz will be speakingon compensation and tax issues.

A luncheon with the EEOC, theMaryland Commission of HumanRelations, and the Montgomery CountyOffice of Human Rights is being plannedfor April 2012.

Laurel Anchors, Co-ChairGwenn D’Souza, Co-Chair

ESTATE & TRUST LAWSECTION


January 23, 2012 March 19, 2012February 13, 2012 April 16, 2012

All meetings will be held at 11:45a.m. at the offices of Shulman, Rogers,Gandal, Pordy & Ecker, P.A., located at12505 Park Potomac Ave., 6th Floor,Potomac, MD.

Jay Eisenberg, Chair

FAMILY LAW SECTION

January 18, 2012 March 21, 2012February 15, 2012 May 16, 2012

All Section meetings will be held inthe CLE Classroom of the Bar Building at5:30 p.m. on the third Wednesday of themonth.

First and foremost, we express oursincere gratitude to the HonorableEugene Wolfe and the Honorable PatriciaL. Mitchell for taking us on a wonderfultour of the new District Courthouse. Weowe Judge Wolfe a double thank you foropening up the District Courthouse forour November Section Meeting, and wethank Stephen Cullen for teaching us thegrowing application of the UCCJEA. Wealso thank Mr. Cullen, Hadrian Hatfieldand Melissa Kucinski for their informa-tive and useful CLE on InternationalRelocation and Abduction.

Looking toward the holidays, pleaseSave the Date for our Annual Family

Law Section Holiday Party on

Thursday, December 8, 2011, from 5:30

– 7:30 p.m. Our party is once again




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being hosted by the law firm of Delaney

McKinney, LLP, 5425 WisconsinAvenue, Suite 401, Chevy Chase, MD20815. RSVP to Linda Lane by December2, 2011, [email protected] or(301) 913-5236. The cost for Court andBar Association staff is $20; Attorneys andGuests are $45 if received by December 2,2011; $50 if received after December 2,2011 or at the door. Checks should bemade payable to Delaney McKinney, LLP.

Update your calendar with the 2011-2012 Section Meetings. Unless other-wise noted, all Section meetings will beheld in the CLE Classroom of the BarBuilding at 5:30 p.m. on the thirdWednesday of the month:

January 18, 2012February 15, 2012March 21, 2012

Please Save the Date for our AnnualFamily Law Update CLE on April 25,

2012 and Law Day on May 18, 2012.

Don’t forget to participate in thisyear’s Family Law Section Pro Bono

Initiative. We are asking every memberof the Family Law Section to volunteerfor a minimum of two (2) hours betweennow and Law Day 2012 at the FamilyLaw Self Help Center or at aMontgomery County Bar Foundation ProBono Program clinic. Our goal is to pro-

vide at least 200 hours of pro bono

services over the next year to these

deserving programs.

Pro Bono Volunteer Option 1:

Family Law Self Help Center

Attorneys may volunteer at theFamily Law Self Help Center to providelegal advice to pro se litigants. The Self

Help Center is located in Room 224 onthe 2nd floor of the Montgomery CountyCircuit Court and is open from 8:30 a.m.until 4:30 p.m. No advance planning isnecessary; volunteers may come at anytime.

Pro Bono Volunteer Option 2:

Pro Bono Clinics

For those of you who find it difficultto miss work during the day, there is anevening option. You can volunteer at anyof the below clinics run by the

Montgomery County Bar Foundation

Pro Bono Program. To volunteer at aclinic, you must sign up in advance withClarice at 301-762-5831 [email protected]. • TESS Community Service Center,

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

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

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

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

Diversity, 11701 Georgia Avenue, 1stFloor, Wheaton, MD 209022nd & 4th Wednesday of each monthVolunteers should arrive between

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

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

6:00-6:30 p.m.

Our goal of 200 hours volunteeredbetween the Family Law Self HelpCenter and the Pro Bono Program clinicsis attainable with your support, and ofcourse, some friendly competition.Awards will be given at Law Day to theindividual and to the firm who volunteerthe most hours. In order to keep track ofthe hours, please make sure to sign the

Family Law Section Pro Bono

Initiative Log upon your arrival and

departure. If you forget to sign in,please contact Jillian Morris [email protected].

As of October 31, 2011 we have 96hours towards our pro bono initiative.We greatly appreciate the followingvolunteers who donated their time:Judith Bluefield, Kate Bunker, MelodyBurch, Joe Gaffigan, Sandra Guzman,Harvey Jacobs, Alisha Jacobsen,Virginia Joehl, Maura Lynch, JodyMalmstrom, Kate McDonough,Melanie Murray Mfume, ElizabethPugliese, and Florian Tabaku. We alsowant to thank Clarice Ewing, JillianMorris and Nicholas Scull who arehelping organize the initiative.

Check your email for Family LawSection updates and reminders regardingthe Fall 2011 Program and CLE schedule,and don’t forget to register for the new

Bar Association E-mail Forum at

http://www.montbar.org/forum.cfm.

To have forum posts delivered directly toyour email, login to the Forum, click onPreferences, and select “All” next to theForum topics.

Julie Christopher, Co-ChairErin Kopelman, Co-Chair

Samantha Kravitz, Co-Chair




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IMMIGRATION LAWSECTION

MEETING DATES

December 13, 2011 – Happy Hour

January 10, 2012

February 21, 2012 – Happy Hour

March, 13, 2012

Tuesday, December 13, 2011, 6-7:30PM

– Immigration & Criminal Law Section

Happy Hour – La Tasca Restaurant

Lounge Area

We are pleased to announce that the

Immigration & Criminal Law Sections

will be having a Joint Mixer at the La

Tasca Restaurant on December 13, 2011

from 6:00 p.m. to 7:30p.m. La Tasca

Restaurant will donate a percentage of

revenues from the event and the entire

day to the Montgomery County Bar

Associations’ Pro Bono Program.

Mention the Bar Association Pro Bono

fund raiser to your La Tasca server any-

time that day and a portion of your bill

will be donated. Please come out and

meet our friends in the criminal law sec-

tion and help benefit our Bar

Association’s Pro Bono Program. We

look forward to seeing you December 13,

2011 from 6:00 p.m. to 7:30 p.m. at La

Tasca.

Tuesday, February 21, 2012, 6-7:30PM

– Immigration & Family Law Section

Happy Hour – La Tasca Restaurant

Lounge Area

We are pleased to announce that the

Immigration & Family Law Sections

will be having a Joint Mixer at the La

Tasca Restaurant on February 21, 2012

from 6:00 p.m. to 7:30p.m. La Tasca

Restaurant will donate a percentage of

revenues from the event and the entire

day to the Montgomery County Bar

Associations’ Pro Bono Program.

Mention the Bar Association Pro Bono

fund raiser to your La Tasca server any-

time that day and a portion of your bill

will be donated. Please come out and

meet our friends in the family law sec-

tion and help benefit our Bar

Association’s Pro Bono Program. We

look forward to seeing you February 21,

2012 from 6:00 p.m. to 7:30 p.m. at La

Tasca.

Matthew Glinsmann, Chair

JUVENILE LAW SECTIONMEETING DATES


January 11, 2012 April 11, 2012

February 8, 2012 May 9, 2012

All meetings will be held on the 2nd

Wednesday of the month in Courtroom

#20 of the District Court building from

12:30p.m. to 1:30p.m.

Dan Gaskill, Chair

LAW FIRM MANAGEMENTSECTION MEETING DATES


January 19, 2012 April 19, 2012

February 16, 2012 May 17, 2012

All meetings will be held at 8:00 a.m.

at the offices of Hostetter Strent LLC,

located at 7201 Wisconsin Ave., Suite

675, Bethesda, MD.

Amy Strent, Chair

LAWYER TO LAWYERCOMMITTEE MEETINGDATES


January 12, 2012 April 12, 2012

February 9, 2012 May 10, 2012

All meetings will be held at 5:00PM on

the 2nd Thursday of the month in the CLE

Classroom of the Bar Association building,

27 West Jefferson St., Rockville, MD,

unless otherwise noted.

Dan Gaskill, Chair

LEGAL ETHICSCOMMITTEE

2011-2012 Committee Meetings


January 4, 2012 April 4, 2012

February 1, 2012 May 2, 2012

All meetings will be held at 4:30

p.m. at the offices of Axelson,

Williamowsky, Bender & Fishman, 401

North Washington St., Suite 550,

Rockville, MD.

Jeff Axelson, Co-ChairSam Shapiro, Co-Chair




PERSONAL INJURYLITIGATION SECTION

On November 18, 2011 Bill Riggs ofThomson Reuters provided the interest-ing presentation–“How to Maximize yourInternet/Social-Media exposure for thesuccess of your practice.” The presenta-tion was lively and provided those inattendance with the knowledge necessaryto keep pace in this viral world.

We would like to thank Bill for thegreat presentation and for treating every-one in attendance to lunch.

The next meeting is on January 27,

2012. At that presentation, GoreBrothers is conducting the presentation:“Everything you always wanted to

know about Depositions and Trial

Presentations but were afraid to ask!”

The presentation will include every-thing from scheduling the deposition tothe latest technology with videoconfer-encing, video streaming, trial presenta-tions, GB Mobile App and other techno-logical advances for use at depositionsand trial.

The next meeting will take place onMarch 23, 2011 and is being presentedby Gelman, Rosenberg & Freedman on“The successful use of a CPA to defend

and pursue lost wage and diminished

earning capacity claims.”

Paul Chung, Co-ChairAndre Forte, Co-Chair

REAL ESTATE LAWSECTION

No December MeetingJanuary 10, 2012 March 13, 2012February 14, 2012 April 10, 2012May 18, 2012 – Annual Meeting Law Day

All meetings will be held on the 2ndTuesday of each month at 8:00 a.m. in the6th Floor Conference Room at the officesof Shulman, Rogers, Gandal, Pordy &Ecker, P.A.

Matt D. Alegi, Co-ChairAlexis Peters, Co-Chair

SOCIAL COMMITTEE

Get your dancing shoes polishedbecause the Bash is BACK! The

Barrister's Bash will be held at the

Hilton on Rockville Pike on Saturday,

April 28, 2012 from 7:30pm-12:00am.

Tickets are $55/pp. Buy them earlybecause prices will go up. Look for ourAd in the newsletter, which includes thereservation form.

Monica Harms, Co-ChairLili Khozeimeh, Co-Chair

STRATEGIC PLANNINGCOMMITTEE

The Strategic Planning Committeecompleted its 2010-2011 efforts by creat-ing a Matrix of Operational Priorities forthat year; assigning responsibilities, andmonitoring activities and results. Under

the leadership of the Bar AssociationPresident, Trish Weaver, and BarFoundation President, Joe Fitzpatrick, mostof the strategic goals were realized, or pro-gressing towards a positive realization.The Committee completed its 2010-2011activities by preparing a Matrix ofOperational Priorities for 2011-2012.Under the leadership of our newAssociation President, Jack Quinn, andTrish as Foundation President, we will con-tinue our efforts by updating our new prior-ities and monitoring the continuing pursuitof our strategic goals on a regular basis.


January 18, 2012 May 16, 2012March 21, 2012

All meetings will be on the 3rdWednesday of alternating months at 5:30p.m. at the offices of Shulman, Rogers,Gandal, Pordy & Ecker, P.A., 12505 ParkPotomac Ave., 6th Floor, Potomac, MD.

David Pordy, Chair

TAXATION LAW SECTION

Dear Compatriots,Happy Holidays! Here are some of

the interesting things happening in ourcountry affecting us, our clients and ourpractice. Please remember to join us atour next monthly meeting onWednesday, December 7th where wecan discuss these topics as well as ouragenda item of In Business Offers inCompromise.



Committee & Section Communication

The Committees & Sections of the BAMC will now have two means of communication:1. E-mail: All information pertinent to the entire membership of the committee or section (ie: Meeting and CLE Notices) will be

delivered via mass e-mail to the membership. These e-mails will be generated from the Bar Offices. To receive these e-mails, you sim-ply need to be a member of the committee or section.2. Forums: Forums will take the place of the current list serve system. Each Forum is accessible to its own members only. Thediscussions on the Forum are archived and searchable, so when you post a question or begin a discussion, it is important to make theDiscussion Thread Title descriptive. For example…June 6, 2011 meeting minutes…

To access a Forum:1. Log into www.montbar.org (if you have not logged into the new site yet, your username is the e-mail address we have on file

for you and the default password is bamc. You will be asked to reset your password)2. Go to the Sections and Committees Tab; there will be a drop down, Click on Committees3. Click on Forums in the line that says: To visit the Forums of the Committee that you are currently serving on, please use this

link4. If you would like to receive e-mail notifications of any posts on the Forum, click on the Preferences tab on the upper right side

of the maroon banner, and follow the directions given.5. If you don’t want to receive e-mail notifications, I would encourage you to make a short cut on your desktop, or set a reminder

in your electronic calendar to check the forums at a time convenient to you.Please feel free to e-mail me, or give me a call with any questions you may have, and thank you for your patience during the transi-tion to the new website and system.

Julie Petersen, Executive Director


Supreme Court Justices Question

Claim False Returns Not Based on

Fraud, Deceit

Is pleading to a Section 7206 offensetantamount to filing a return based onfraud or deceit? The Supreme Court willsoon decide. Our taxpayers were convict-ed on charges of filing false corporatereturns. They believe such acts were notthe equivalent of committing an aggravat-ed felony subjecting them to deportationunder immigration laws. Said their attor-ney Thomas J. Whalen, “What I'm sayingis that 7206 is a perjury statute and thegovernment does not have to prove, anddid not have to prove in this case, anythingmore than the income was unreported orthe tax return was false.” Kawashima v.Holder, U.S., No. 10-577, 11/7/11

Will States Follow OVDI Suit?

California, being bad off economi-cally, just closed its voluntary disclosureinitiative that was quite similar to theIRS’ OVDI. For them, the result was$265 million in payments with another$20 million in installment payments

according to Franchise Tax Board ChiefCounsel Geoff Way. More is expected asthey are still processing applications fromthe closing date of October 31st. With the983 participants, California met its$275,000,000 target of ‘unanticipatedrevenue’. Given that many neighboringand our State recently concluded amnestyprograms over the past 5 years, it will beinteresting to see what follows.

Officials Advise of Final Estate Tax

Portability Rules Being Due by Year's

End

Treasury Department says it wants tofinalize proposed rules on portability bythe end of the year given the constantquestions concerning what constitutes atimely filed Form 706. Notice 2011-82says that for people passing away after2010, to claim the unused portion of aspouse's estate and gift tax exemption for2011, they must file a complete and time-ly Form 706, United States Estate (andGeneration Skipping Transfer) TaxReturn. We are again waiting on the IRSto tell us what timely means.

IRS Set to Finish Host of Major

International Tax Guidance Projects

Proposed regulations on the ForeignAccount Tax Compliance Act (“FACTA”)are still on track to be unveiled by Dec. 31,according to IRS Deputy Associate ChiefCounsel (International) Ron Dabrowski.More Guidance Possible on Codified

Economic Substance Doctrine

According to IRS Deputy ChiefCounsel (Technical) Erik Corwin, thegovernment does not intend to provide an“angel list” of what would pass under thecodified doctrine. However, “[i]f we cando something to give people comfort thatthis doctrine will be applied in a reason-able, sensible manner, we will.”

Buying Online Tax-Free? Perhaps

For Not Too Much Longer

No longer will a retailer have to havea physical presence in order charge salestax. Ten senators just introduced a bill thatis to generate over $20 billion in salestaxes. The bill is known as theMarketplace Fairness Act (S. 1832) and is




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supported by Republicans and Democratsalike. The senators are expected to bejoined by many more and anticipate indus-try support from Amazon and Best Buy.

Traveling Soon? Panama Open for

Business for Sec. 274(h) purposes

Rev Rul 2011-26, 2011-48 IRB whilestill not a treaty partner, Panama is added tothe list of countries considered part of the“North American area” for purposes ofCode Sec. 274(h)'s convention expense lim-itations on deductions. For those travelingto St. Lucia, limited transitional relief wasalso added for those taxpayers able todemonstrate that a nonrefundable contractu-al obligation existed as of Apr. 4, 2007.

Real estate transferred to FLP

from revocable trust included

in grantor's estate

In Estate of Paul H. Liljestrand, TCMemo 2011-259, the USTC sustains anestate tax deficiency of over $2.5 million,holding that real estate transferred from arevocable trust to a family limited partner-ship was includible in the trust grantor'sgross estate under Code Sec. 2036.Not Wanting to Leave Anyone Out, IRS

Allows the Reporting of Abusive Tax

Promotions and Preparers to the People

From the IRS’ website, Form 14242,“Report Suspected Abusive TaxPromotions or Preparers,” will allow tax-payers to report tax avoidance schemes ortax return preparers who promote suchschemes.

Thank you all for your support andparticipation in our section events.

Kindly remember that our monthly meet-ings start at 5:30 p.m. and are held in theCounty Bar Office on West JeffersonStreet. Please be sure to join us –December 7 – In-business OICs;

Speaker: Craig Mirkes, Esq.January 11 – After the FBAR; Speaker:

Paul Marcotte, Esq.February 1 – IRS Installment AgreementsMarch 7 – Negotiating Maryland Tax

LiabilitiesApril 4 – Bankruptcy and Taxes

Please let me know if you would beinterested in speaking on any of ourCLEs. We are currently looking forspeakers for the Employment/Tax SectionCLE. If you have an interest in partici-pating or want to speak at our monthlymeeting please contact me at301.424.7585 or via email [email protected].

Chaya Kundra, Chair

WORKERS COMPENSATIONLAW SECTION



All meetings will be held at 5:00p.m. at the offices of Meiselman, Salzer,Inman and Kaminow, P.C., located at 611Rockville Pike, Suite 225, Rockville,MD.

The Workers Compensation Sectionis pleased to welcome Joel Fechter, M.D.,to speak at our December meeting. Dr.Fechter is an orthopedic surgeon with

Mininberg and Fechter, P.A. in SilverSpring and has extensive experienceworking not only with claimants, but alsowith employers and insurers. We haveasked Dr. Fechter to speak about the IMEprocess, as well as general orthopedicissues in the workers compensationarena.

The meeting will be held onDecember 8, 2011 at 5:00 p.m. at theoffices of Meiselman, Salzer, Inman &Kaminow, 611 Rockville Pike, Suite 225,Rockville, MD 20852. Please RSVP toWill at [email protected] or Jeffat [email protected]. Refresh -ments will be served.

As always, we are looking for topicsof interest to the workers compensationcommunity. If you have a topic that youwould like to present (or would like tohave presented), please contact Will orJeff. We appreciate all feedback. Bestwishes for a happy New Year.

Will Inman, Co-ChairJeff Stickle, Co-Chair

YOUTH COURTHOUSEPROJECT COMMITTEE

2011-2012 Committee Meetings


All meetings will be held at12:15p.m. in the Conference Room of theBar Association building, 27 WestJefferson St., Rockville, MD.

Holly Reed, Co-ChairPatty Via, Co-Chair




YOUTH COURTHOUSE PROJECT COMMITTEE

On November 8th, students from theBarnesville School, located in Barnesville,Maryland, in northern Montgomery County,toured the Montgomery County CircuitCourt. The students are studyingConstitutional Law and Criminal Law.Pictured with the students are, AmericanHistory Teacher Doug Hart, Deputy State'sAttorney John Maloney, State's AttorneyJohn McCarthy, Deputy State's AttorneyLaura Chase, Assistant State's AttorneySteve Chaiken, and Youth CourthouseProject Committee Co Chair Holly Reed, Esq.

PRO BONO UPDATE... by Clarice Ewing, Program Coordinator


Family Law Training. On behalf ofthe Board of Directors of the BarFoundation, thank you to all the attorneyswho contributed to the success of the RitaRosenkrantz Family Law Training Seminarheld in early November. Fifty attorneys reg-istered to participate in the training. Thankyou to the guest speakers including MonicaHarms, Heather Hostetter, HowardSoypher, Scott Strickler, John Weaver andDeborah Webb. Thank you to Shulman,Rogers, Gandal, Pordy & Ecker, PA lawfirm for hosting this training event. Thankyou to the leaders of the mentoring groupsincluding Erik Arena, Bruce Avery, LindsayParvis, Brian Pearlstein, Prudence Uptonand Rob Weinberg.

We welcome all the attorneys that par-ticipated in the family law training inexchange for accepting a case to our probono panel of attorneys. We look forward toworking with you.

If you missed the live Rita RosenkrantzFamily Law Training Seminar, you still havethe opportunity to view the training via web-cast. If you agree to accept a pro bono casereferral, you can view the training for FREE.You will also have the opportunity to join amentoring group when you accept a pro bonocase. The mentoring group offers the opportu-nity for an attorney to seek guidance and dis-cuss with an experienced family law attorneythe case referred by the Pro Bono Program.See contact information at the end of this arti-cle to call for additional information.

Fundraiser to benefit the Pro Bono

Program. The Immigration and CriminalLaw Sections will host a joint mixer at LaTasca Restaurant on December 13th from 6– 7:30 PM to benefit the Pro Bono Program.Check out the details under the ImmigrationSection of this newsletter (see page 23).Thank you in advance for your support ofthe Pro Bono Program.

Family Law Section Pro Bono

Initiative. The Pro Bono Program welcomesall attorneys that want to participate in theFamily Law Section Pro Bono Initiative toany one of the four legal advice evening clin-ics. The Family Law Section is asking eachmember to volunteer for a minimum of twohours at the Family Law Self Help Centerduring business hours or at a Pro BonoProgram evening legal advice clinic beforeLaw Day 2012. If volunteering after regularbusiness hours fits your schedule, pleasecontact us and we will find a place and datefor you to volunteer at a clinic. All attorneysmust be scheduled into a clinic. Rememberto sign the volunteer log at each clinic whenyou arrive and leave. We will report yourvolunteer hours to the Family Law Section.

Legal Advice Clinics. The legal adviceclinics are held twice each month in four dif-ferent locations (see box below) to assistlow-income residents of MontgomeryCounty in obtaining immediate legal advicein civil matters. Eligible clients present theirlegal problems to an attorney for immediateadvice, consultation, and/or referrals. Eachclinic is staffed with two supervising attor-neys. In addition, five volunteer attorneysare needed at each location. We strive tohave attorneys from a variety of practiceareas available to meet the clients legalneeds. Recently barred attorneys are wel-come at the clinics. By volunteering at aclinic you have the opportunity to networkwith other attorneys and clients. Many attor-neys find this volunteer experience veryrewarding and return often to assist clients.

Case Referrals. The Pro BonoProgram office staff answers calls frompotential clients in need of legal help. Theclient intake line is open from 9 AM to 4:30PM Monday through Thursday. Callers thathave a type of case that we handle and meetall eligibility requirements have their caseopened and referred to an attorney for clientrepresentation. The Pro Bono Program is in

Biggs, LMDDGaffigan, JosephJacobsen, Alisha

Montero, R. Manuel+Pugliese, ElizabethWashington, Juan+

Bloom, Jon+Bluefeld, JudithBroner, AnnetteCanarte, MaryKay+Guzman, Sandra

Joehl, VirginiaLynch, MauraMalmstrom, JodyTabaku, FlorianWagman, Robert

Bunker, KateMarks, Jay+McDonough, KateMontero, R. Manuel

Pasti, DavidPhillip, StacyVega, David+Washington, Juan+

East County Service Center

Gilchrist Center – Wheaton

Gilchrist Center – Germantown

Auerbach, KenBurch, MelodyGoecke, MikeMarks, Jay+

McDonough, KateVega, David+Washington, Juan+

TESS Community Center

* = accepted more than 1 case+ = Supervising Attorney

Pro Bono / Judicare Case Referrals

Akpan, Zionne*Archibong, A.

MendieBadaki, AyodejiBluefeld, Judith*Bryant, Michae P.l*Chang, Alyssa*Grady, Michael J.Hamilton, Dontrice*Isaacs, Jonathan*Lloyd, Scott*

Marshall, JohnMorgan, Jonathan P.Pugliese, Elizabeth*Slacter, David*Tilley, Belinda*Tucci, BrianUgelow, RichardVorv, Marlynda*Walsh, HowardXu, Eva Y.*

EVENING CLINICS1st 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 8:30 PM)Tel: (240) 777-4940 Charles W. Gilchrist Center

for Cultural Diversity11701 Georgia Avenue, 1st FloorWheaton, Maryland 20902

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

Center 3300 Briggs Chaney RoadSilver Spring, MD 20904

Thank You Volunteer Attorneys! Thefollowing attorneys provided legal servicesfor the Pro Bono Program during October2011. On behalf of the Board of Directors ofthe Bar Foundation, we thank these attorneysfor their time, dedication and service.

need of volunteer attorneys to accept probono case referrals. We especially need fam-ily law and bankruptcy attorneys to join ourpanel. Recently barred attorneys are wel-come. We would be glad to discuss with youtraining opportunities that are available.

Judicare Project. The Pro BonoProgram participates in the Judicare Projectfor contested custody and complex familylaw cases funded by the Maryland LegalServices Corporation. The Pro BonoProgram requires that for each Judicare casereferred that a pro bono case is referred atthe same time to the attorney.

Contact to Volunteer and for

Questions. Please contact Clarice at301.762.5831 or [email protected] add your name to a clinic schedule or tojoin the Pro Bono Program panel for casereferrals.

HEADINGSPECIALTY BAR ASSOCIATIONS


J. FRANKLYN BOURNE BARASSOCIATION, INC.,MONTGOMERY COUNTYCOMMITTEE

The next J. FRANKLYN BOURNEBAR ASSOCIATION, INC., MontgomeryCounty Committee meeting will be held onSaturday, December 3, 2011, from 9:00a.m. to 11:30 at 27 West Jefferson Street,Rockville, Maryland 20850. Breakfast willbe served. The Committee usually meetson the first Saturday of the month. If youcannot attend the December meeting, joinus on Saturday, January 7, 2012. Formore information, contact our committeechair, Holly Reed, Esq. at (301) 587-9480or [email protected].

Please keep an eye out for informa-tion about the J. Franklyn Bourne BarAssociation Holiday party and the incom-ing officers.

MSBA NOMINATIONS ANDELECTIONS FOR BOARD OFGOVERNORS IN 2012

This is the annual announcementregarding the nomination and electionprocess for vacancies on the MarylandState Bar Association Board ofGovernors occurring in June 2012.

Only Class II Governors can be nom-inated and elected in 2012, since it is aneven numbered year. (Vacancies will beoccurring in the First, Fourth, Fifth,Sixth, Seventh, Eighth, Ninth, Tenth andEleventh Districts, as well as 1 YoungLawyer Governor.)

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

• Nomination petitions must befiled with the MSBA Executive Directorno later than 5:00 p.m., Tuesday,February 14, 2012.

• Ballots must be postmarked nolater than March 30, 2012.

• Ballots must be received by theExecutive Director no later than April 4,2012.

If you would like to receive anMSBA Nomination petition packet,please contact Maria in our Bar office at301-424-3454.

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

MONTGOMERY COUNTYWOMEN’S BARASSOCIATION

Thanks to all who attended for the suc-cess of our second event of the year – theJudicial Reception in the atrium of theCircuit Court on October 25.Approximately one hundred and seventypeople attended to honor our judges “off thebench,” and enjoyed wine, beer, and greatfood. Thanks to all who worked so hard tomake this evening such a success, especial-ly Rhian McGrath and Jillian DiLaura. Aspecial “thank you” also to SherryLeichman for her skills both in front of andbehind the bar, and to Sharon Johnson andLouise Preble-Schwartz for serving ourthirsty guests throughout the evening.

We are now looking forward to ourannual Holiday Party scheduled forWednesday evening, December 14,2011 starting at 5:30 p.m. SusanOldham has, yet again, graciously agreedto host the party at her beautiful home.

The next Executive Committeemeeting will be held in January 2012.

Barbara R. Graham, President

SIMON E. SOBELOFFJEWISH LAW SOCIETY

Please join us for our ANNUALHANUKAH PARTY including THEBEST LATKE CONTEST onDECEMBER 22, 2011 from 6:00 to8:30 pm. “FREQUENT FRYERS” whowish to compete may arrive at 5:00 pm.Our celebration will take place at thehome of members Bruce and SusanMagazine located at 9029 WILLOWVALLEY DR, POTOMAC, MD 20854.There will be dreidels, candle lighting,music and lots of fun. Bring your spouseor significant other and gather withfriends and colleagues as we celebrate theholiday, eat, drink and schmooze.Membership encouraged but notrequired. Dietary laws observed.PLEASE RSVP to [email protected] orcall Brian Barke at (301) 309-8300 forfurther information.

The Honorable Steven G. Salant, President

KARL STEPHENS8719 GEREN RD.

SILVER SPRING, MD 20901

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Phone (410) 321-8368 Phone (717) 845-7301

Fax (410) 321-1599 www.sdunnlaw.com

FEDERAL WORKERS COMPENSATION (OWCP)

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U.S. MERIT SYSTEMS PROTECTION BOARD

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If you are interested inplacing an ad in the

newsletter, please contactCindy at 301-762-8376 or

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HEADING


WHAT’S NEW ...

LEGAL ANNOUNCEMENTS

Dov Apfel has been chosen as this year’srecipient of the Dan Cullan MemorialAward, a national lifetime achievementaward conferred by the Executive Boardof the Birth Trauma Litigation Group ofthe American Association for Justice. Mr.Apfel is a partner in Janet, Jenner &Suggs, LLC, in Baltimore.

The Law Office of Michael Bruckheim,

LLC is pleased to announce its relocationto One Church Street, Suite 910,Rockville, MD 20850. Mr. Bruckheim, aformer prosecutor in The District ofColumbia, will continue to focus his prac-tice on DUI defense and general criminaland civil litigation in Maryland and DC.Mr. Bruckheim's phone is 240-753-8222,email at [email protected], fax at240-556-0300, and website atwww.brucklaw.com. Mr. Bruckheim alsois pleased to announce his associationwith the law firm of Jezic, Krum &Moyse, LLC as its DC Of Counsel.

Joseph M. Maher has joined the familylaw firm of Weinberg & Schwartz,

L.L.C., as an associate. Mr. Maher grad-uated Cum Laude from the University ofBaltimore School of Law in May 2010after receiving his bachelor’s degree inBiology from Kalamazoo College in2005. Mr. Maher was admitted to theMaryland Bar in December 2010. Priorto joining Weinberg & Schwartz, L.L.C.,Mr. Maher served as the law clerk for theHonorable Louis A. Becker for theCircuit Court for Howard County.

Offit Kurman is pleased to announce theaddition of new principal, Ronald M.

Levin, to its Bankruptcy Practice Group.Mr. Levin focuses his practice on com-mercial and consumer bankruptcy repre-sentation, litigation and corporate repre-sentation. He has extensive experiencerepresenting banks, financial institutions,and public and private lenders andinvestors located both nationally andregionally. His clients include asset basedlenders, commercial and real estatelenders, and master and special servicersfor mortgage backed securities, as well asother secured creditors in bankruptcycases and other insolvency proceedings,bankruptcy litigation, workouts, restruc-turings and enforcement proceedings.Mr. Levin is based in the firm’sWashington, DC area office in Bethesda,MD.

RENT/LEASE

MERGER OR AFFILIATION – Lawfirm with personal injury, family law,corporations and estates practice seeksmerger, space sharing, affiliation orassociation with another firm inMontgomery County. If interested, call301-652-5353.

OFFICE SHARE/AFFILIATION –

BETHESDA – Professional and modernwindow office for rent as well as shareduse of a receptionist, waiting area,conference room, and kitchenette. ½block from Bethesda Metro on WisconsinAve within the Air Rights Center. Thespace is perfect for a solo-attorney or anattorney looking to affiliate another solo-practitioner. The window office hasoptional furniture which includes twodesks, a shelf, and an office chair for your

use. $720.00 – Rent includes internet,furniture, and use of receptionist.Contact 301-215-7577 if interested.

WANTED – SPACE IN BETHESDA –Sole practitioner concentrating in estateplanning looking for 1-2 office spaces formyself and an associate/assistant. Havebeen practicing in Bethesda for manyyears and would like to stay in theBethesda area. If you have spaceavailable, please contact Tom [email protected] or 301-654-7994.

BETHESDA – Law firm has 3 furnishedoffices for sublet, with secretarial stationbeginning December 1, 2011. Amenitiesinclude receptionist and use ofconference rooms, kitchen, copymachines. Parking is available in thebuilding. Please contact Barbara at 301-634-3107 if interested.

BETHESDA – Law Firm has windowedoffices for sublease in the Air RightsCenter (7315 Wisconsin Ave.) 1 to 5offices, plus secretarial areas, availablespring 2012. Available amenitiesinclude reception area, kitchen andconference rooms. Rent depends onspace and amenities utilized. For moreinformation or to view the space, pleasecontact Dennis Dahnert [email protected], or 301-656-2707.

BETHESDA – 2 large bright windowedoffices. Excellent location convenient toMetro. Amenities including spaciousconference room, reception area, kitchen(with microwave, refrigerator and


Beautiful VictorianHouse close in

RockvilleRenovated and well maintainedhistoric building for rent at 109North Adams St., Rockville.Several offices available from 200sq. ft. to 1500 sq. ft. Plenty of freeparking, walk to courts; lots of win-dows; secretarial and storage andconference room available. Anyinquires, call Schlesinger Companyat 301-949-2131 or email us [email protected].

HEADINGWHAT’S NEW ...


dishwasher) and copier available. Parkingavailable in building. Public parkingavailable across street. Please call 301-652-5353.

FREDERICK – 2 offices available forrent. 1 exterior office (12’x10’) withwindow. 1 interior office (10’x8’) withoutwindow. Shared office suite with smalllaw firm in commercial building withinwalking distance to the courthouse.Access to conference room. Ideal forprofessional with assistant or individualuse. Located at 7 North Market Street,Suite 301, Frederick (next to BB&T Bankon the corner of North Market & WestPatrick Streets). For more information,contact Eugene Souder at 301-442-4780.

GAITHERSBURG – Individual officesand/or 2 office suite. Copier, fax,voicemail, conference room, DSL and roadsignage available. Desirable location onRoute 355. $750-$1,500/month. Call 301-987-2002 or email [email protected].

GAITHERSBURG – Windowed officeavailable in first class building on Rt. 355,near Shady Grove Road. Includes internet,phone, fax, copier, kitchen, and 2conference rooms. Available furnished.Plenty of parking. Only a 5 minute driveto courthouses. Overflow work available.Call 301-670-6333.

MCLEAN, VA – Space for lease in heartof McLean; 943–2,050 square feet.Please call Morty, of National Real EstateBrokerage, Inc., at 301-770-8585 (x114).

ROCKVILLE – Complete Office Suitefor rent to sole practitioner or small firm.Three private offices, secretarial/reception area, storage room, andrestroom. Lovely second floor view ofRoute 355 and the Metro trains. JacksonPlace Office Condominium in front ofMontgomery College. Lots of parkingand easy access. Alan Zipp, CPA-Attorney, 301-340-0084.

ROCKVILLE – 1800ft² – Long-termSublet – Large, windowed office,

complete with reception area, twoexecutive offices and small kitchenette.Datawatch secured suite also includes freeparking for clients. Furniture, copier andphones (to include receptionist) can beused under the terms of the current lease.The building is conveniently located onN. Washington Street and features includean on-site café . Within walking distanceto the red line metro station, MontgomeryCounty Courthouse and GovernmentCenter, shops and restaurants at RockvilleTown Square. For more information,please contact John Hodges at 301-917-2519.

ROCKVILLE – Office in historicbuilding close to court, metro; manyamenities for compatible attorney; 301-251-9200.

ROCKVILLE – One or 2 full-time and 1part-time or satellite office in a beautifulpenthouse suite in premium officebuilding with outdoor terrace. One blockfrom Circuit Court. Adjacent to theRockville Metro Station. Full use ofconference room, reception, copier andkitchen, and other amenities for a


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

Forensic Accounting – Financial Fraud InvestigationsTax Issues – Income Tax Preparation

Alan ZippCertified Public Accountant

Attorney at LawCertified Business Appraiser

Certified Fraud Examiner

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

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

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HEADING


WHAT’S NEW ...

Any inquires, call Schlesinger Companyat 301-949-2131 or email us [email protected].

ROCKVILLE – 7th Floor office withview on Route 355 with ample freeparking, walking to Court and Metro,receptionist, conference room, kitchen,and available secretarial area. Call Kathyat 301-762-7200.

ROCKVILLE – Space for lease inDowntown Rockville – 2,080 square feet;7 parking spaces. Please call Morty, ofNational Real Estate Brokerage, Inc., at301-770-8585 (x114).

ROCKVILLE – Townhouse style twostory office building (2400 SF) for lease.Close to courthouse and Metro. Fullyequipped and furnished for law office orsimilar use. 7 offices, 2 conferencerooms, reception area, copier room, 2bathrooms. Free off-street parking. Allrooms have windows and ample filecabinets. Available as entire building, 1stfloor only or individual 2nd floor offices.For more info, contact Cheryl Hepfer at240-507-1752.

reasonable cost. Call Stanley at 301-340-3003.

ROCKVILLE – One windowed officefor rent in townhouse next to jury parkinglot. Use of 2 conference rooms, library,kitchen and client waiting areas. Freeparking. Digital copier/Internet useavailable. A block to Circuit Court. $895.Call 301-251-1600.

ROCKVILLE – One windowed officeon second floor of two-level officebuilding that has a reception area,conference room, kitchen, copier, FAXmachine and free parking. Walkingdistance to Circuit/District Courts andMetro. Reasonable rent. ContactBenjamin A. Klopman at 301-424-0677.

ROCKVILLE – Beautiful VictorianHouse – Renovated and well maintainedhistoric building for rent at 109 NorthAdams Street, Rockville. Severaloffices available from 200 sq. ft. to 1500sq. ft. Plenty of free parking, walk tocourts; lots of windows; secretarial andstorage and conference room available.

ROCKVILLE – Windowed officeavailable on lobby level of 50 WestMontgomery Ave. Includes use ofconference room, WIFI, receptionistservices and free parking. Copieravailable. Contact Margaret 301-217-9388or [email protected].

SILVER SPRING – Windowed fullyfurnished 12’ x 12’ law offices for rent.Located in a 3,000 sq. ft fully renovatedlaw suite office. All amenities includinguse of full kitchen, spacious conferenceroom, fax and copier. Wired for high-speedinternet and phone. Referrals amongattorneys are common. Professionally,friendly and relaxed environment. Ampleparking in the area. One block from theDistrict courthouse. Metro accessible.Email [email protected] orcall 301-587-9170 for appointment.

ATTORNEY OPPORTUNITIES

MERGER OR AFFILIATION – Lawfirm with personal injury, family law,corporations and estates practice seeks




merger, space sharing, affiliation orassociation with another firm inMontgomery County. If interested, call301-652-5353.

ASSOCIATE – ESTATE PLANNING &

ADMINISTRATION – Paley Rothman, afull service firm in Bethesda, seeksAssociate Attorney with 2-4 yearsexperience in estate planning, trust andestate administration, business successionand tax planning. Maryland bar required.LLM in taxation and Virginia or Floridabars a plus. Paley Rothman offers asophisticated legal practice, collegial workatmosphere, superior training and growthpotential. This is a great opportunity for anassociate who has found that the rigors of a"downtown" practice do not provide for awork/life balance. To apply, please forwarda cover letter and resume to Vicki Bishop,Paley Rothman, 4800 Hampden Lane, 7thfloor, Bethesda, Maryland 20814, e-mail [email protected], or via fax at301-654-7354.

ASSOCIATE GENERAL COUNSEL

III – A national leader in public parks,recreation, and the regulation of realestate development is searching for aseasoned lawyer with real worldexperience to lead one of its in-houseLand Use Practice Teams. The Maryland-National Capital Park and PlanningCommission is a first-in-class regionalagency with approximately 2500 full-time employees who serve the citizens ofMaryland in Prince George's andMontgomery counties. For full jobdescription, please visit the MNCPPCwebsite at www.mncppc.org.

ASSOCIATE – TRANSACTIONAL –Selzer Gurvitch Rabin Wertheimer Polott &Obecny, P.C., an AV-rated Bethesda lawfirm, seeks a transactional associate with 3to 5 years experience in real estate, generalcorporate, and business transactions.Candidates must possess excellentacademic record and superior research andwriting skills. Maryland Bar required,District of Columbia and Virginia barspreferred. Candidates should submit coverletter, resume and writing sample to BarbaraKirkpatrick, Director of Administration, [email protected].

STAFF COUNSEL – COMMUNITY

ASSOCIATIONS – Bethesda firmfocusing on Community Association Lawseeks temp to perm staff counsel to work ina respectful, collegial office. Successfulapplicant should possess a minimum of twoyears collection experience, a strong desirefor courtroom exposure and the ability towork independently. Excellentorganizational, writing and clientrelationship skills are required. Preferapplicant to be barred in District ofColumbia and Maryland. Send resume withcover letter and writing sample to: Hileman& Williams, P.C., 7979 Old GeorgetownRoad, Suite 600, Bethesda, Maryland20814 or [email protected].

THE DAILY RECORD

HONORS ...

OUR MEMBERS

~

2011 Honorees

Outstanding Leaders in Law

Rebecca A. NitkinPatricia M. Weaver

2011 Leading Women

Kathryn McDonough

~

CONGRATULATIONS


To sign up for the Lawyer Referral Service,contact Maria at 301.424.7040 or [email protected]

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

Could you use more clients?

FOR SALE

OFFICE FURNITURE – Large con -ference table with 8 cushioned chairs;reception room furniture; round table with4 cushioned chairs; large reception roomdesk; BOOKS – Supreme Court Reports;Atlantic Second; MLE; DC Code (MichieVersion); Federal Procedural Forms. Ifinterested, please call 301-652-5353.



ADVERTISERS INDEX

Berenato & White, LLC . . . . . . . . . . . . .32www.bw-iplaw.com

Center for Forensic Economic Studies . . .22www.cfes.com

Circle Treatment Center . . . . . . . . . . . . .30www.circletreatment.com

Stephen J. Dunn, Esquire . . . . . . . . . . . .28www.sdunnlaw.com

Richard Edelman . . . . . . . . . . . . . . . . . . .15www.economic-analysis.com

Jennifer Fairfax LLC . . . . . . . . . . . . . . .12www.jenniferfairfax.com

Family Mediation Services, Inc. . . . . . . .32Felinton Elder Law & Estate & Estate

Planning Centers . . . . . . . . . . . . . . .15Gelman, Rosenberg & Freedman . . . . . .11

www.grfcpa.comDavid Harrison, Inc. . . . . . . . . . . . . . . . .33

www.marylandappraiser.comHarvest Title & Escrow . . . . . . . . . . . . . . .7Insight Treatment Center . . . . . . . . . .8, 16Invotex . . . . . . . . . . . . . . . . . . . . . . . . . . .10

www.invotex.comJezic, Krum & Moyse, LLC . . . . . . . . . .20

www.jezicfirm.comMichael L. Kabik, Esquire . . . . . . . . . . .14

www.srgpe.com/immigration.htmlKeller Williams Team Realty . . . . . . . . .17

www.LiveListingsOnline.comwww.MarylandHomesByRobin.com

Ron M. Landsman . . . . . . . . . . . . . . . . . .23www.ronmlandsman.com

MarylandBail.com . . . . . . . . . . . . . . . . . .11www.MarylandBail.com

McAdoo, Gordon & Associates, P.C. . . .15www.mcadoolaw.com

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

Metro Counseling Services, Inc. . . . . . . .14www.metrocounselingservices.com

Metropolitan Process Services . . . . . . . .28www.metroprocess24.com

Miles & Stockbridge, P.C. . . . . . . . . . . . .12www.milesstockbridge.com

Montgomery County Sentinel . . . . . . . .29www.thesentinel.com

Alan J. Nuta, Esquire . . . . . . . . . . . . . . .14www.SSBenefitsLawyer.com

Oxley & Goldburn Insurance . . . . . . . . .30www.oxleygoldburn.com

Passport Title Services, LLC . . . . . . . . . .4www.passporttitle.com

Planet Depos . . . . . . . . . . . . . . . . . . . . . . . .6www.planetdepos.com

Prudential Associates . . . . . . . . . . . . . . . . .5www.usainvestigators.com

Pushkin & Pushkin . . . . . . . . . . . . . . . . .12Real Estate Mortgage Network . . . . . . .33

http://markbaron.remn.com/Default.aspxRockville Concierge Doctors . . . . . . . . . .9

www.RockvilleConciergeDocs.comRossmann - Hurt - Hoffman, Inc. . . . . .31

www.rhhinsurance.comSchlesinger Company . . . . . . . . . . . . . . .29Source Office Suites . . . . . . . . . . . . . . . . .22Supervised Visitation &

Investigations, LLC . . . . . . . . . . . . .21www.supervisedvisitation.biz

Alan S. Zipp, Esquire . . . . . . . . . . . . . . .30

Dr. Jeffrey I. Auerbach, 2275 ResearchBlvd., Suite 500, Rockville, MD 20850;tel.: 301-670-2818; fax: 301-670-2814;email: [email protected]

Clifford J. Boan, 33 Wood Lane,Rockville, MD 20850; tel.: 301-762-1696; fax: 301-762-7691; email:[email protected]

Laurence S. Kaye, 5801 NicholsonLane, Suite 129, Rockville, MD 20852;tel.: 301-984-0011; fax: 301-984-0091;email: [email protected]

Ferdinand J. Mack, 4649 Cap StineRd., Frederick, MD 21703; tel.: 301-695-8636; fax: 301-694-1184; email:[email protected]

Marja Plater, P.O. Box 1072,Greenbelt, MD 20768; tel.: 240-603-3231; fax: 240-603-3231; email:[email protected]

David E. Tompkins, 1432 K St., NW,Suite 900, Washington, DC 20005; tel.:202-269-0666; fax: 202-371-9228; email:[email protected]

NEW MEMBERS

DAVID R. HARRISON, INC.SUSAN KITZMILLER

APPRAISALSMD REAL PROPERTY APPRAISALS - $300.00

MD PERSONAL PROPERTY APPRAISALS - $300.00COMBINATION FEE - BOTH FOR $500.00

MD LICENSE #18 CERTIFIED APPRAISER #45162

WE APPRAISE HOUSEHOLD CONTENTS, ANTIQUES, FINE ARTS & COLLECTIBLES.

301-422-3442 www.marylandappraiser.com

Mark BaronMortgage Loan OriginatorNMLS #190996Phone: [email protected]

1901 Research Boulevard, Suite 310, Rockville, MD 20850. NMLS #6521. Maryland Mortgage Lender #12402.

Specializing in Mortgages for those Separated or Divorced.

118th Annual Meeting & Law Day Celebration

Friday, May 18, 2012 ~ 8:00a.m.-2:30p.m.Bethesda North Marriott Hotel & Conference Center

5701 Marinelli Rd., North Bethesda, MD 20852

Details Coming Next Month

HEADING


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

STATE’S ATTORNEY’S ASSIGNMENTS

WE NEEDVOLUNTEERS

The Family Law SelfHelp Center is in need of vol-unteer attorneys to help selfrepresented litigants in familylaw matters with legal infor-mation and/or legal advice. Ifyou have a desire to serve selfrepresented litigants you canhelp in one of two ways:

1. Impromptu Volun -teering: If you happen to beat the Courthouse between12:00 pm and 2:00 pm andhave a little time to spare,stop by and see one, or maybetwo, clients. We almostalways have clients waitingduring lunch hours, and coulduse your assistance.

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

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

HEADING


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

JUDGES SCHEDULES

Circuit Court

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

Schedule updates are available on our website when we receive them

http://www.montbar.org/BarAssociation.aspx ... Click on the Court Schedules link

Newsletter of theBAR ASSOCIATION OF MONTGOMERY COUNTY, MARYLAND

27 West Jefferson Street, Rockville, Maryland 20850-4200

PeriodicalsPostagePAID

atRockville, MD

CR Bar Office Conference Room CLR CLE Classroom

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

CA

LE

ND

AR

DECEMBER

1 8:00a.m. C/S District Court Bench Bar Committee5:30p.m. C/S Collaborative Law Section Meeting6:00p.m. C/S Judge Craven’s Retirement Celebration

6 12:15p.m. Bar Luncheon7 8:00a.m. C/S Circuit Court Bench Bar Committee

12:15p.m. CR Youth Courthouse Project Committee4:30p.m. C/S Legal Ethics Committee Meeting5:30p.m. CR Taxation Law Section Meeting

8 5:00p.m. C/S Lawyer to Lawyer Committee Meeting5:00p.m. CR Workers Compensation Law Section5:30p.m. C/S Family Law Section Holiday Party

9 12:15p.m. CR Education Law Section Meeting12 5:00p.m. CR Executive Committee Meeting13 6:00p.m. CR Criminal Law Section/Immigration

Law Section Happy Hour/Mixer14 8:00a.m. C/S ADR Section Meeting

8:00a.m. CR Elder Law Section Meeting12:30p.m. C/S Juvenile Law Section Meeting4:00p.m. Drug Court Graduation

15 8:00a.m. C/S Law Firm Management Section Mtg.26-30 ~ Bar Association & Bar Foundation Offices Closed ~

JANUARY

4 8:00a.m. C/S Circuit Court Bench Bar Committee12:15p.m. CR Youth Courthouse Project Committee4:30p.m. C/S Legal Ethics Committee Meeting

5 8:00a.m. C/S District Court Bench Bar Committee5:30p.m. C/S Collaborative Law Section Meeting

9 5:00p.m. CR Executive Committee Meeting10 8:00a.m. C/S Real Estate Law Section Meeting

6:00p.m. CR Immigration Law Section Meeting11 8:00a.m. C/S ADR Section Meeting

8:00a.m. CR Elder Law Section Meeting12:30p.m. C/S Juvenile Law Section Meeting5:00p.m. CR Foundation Board of Directors5:30p.m. CLR Taxation Law Section Meeting

12 5:00p.m. C/S Lawyer to Lawyer Committee Meeting5:00p.m. CR Workers Compensation Law Section

13 12:15p.m. CR Education Law Section Meeting16 ~ HOLIDAY – BAR OFFICES CLOSED ~18 5:30p.m. CLR Family Law Section Meeting

5:30p.m. C/S Strategic Planning Committee Meeting6:00p.m. C/S Business Law Section Meeting

19 8:00a.m. C/S Commercial Litigation Section8:00a.m. C/S Law Firm Management Section Mtg.5:00p.m. CLE CLE Seminar – Criminal Law

23 11:45a.m. C/S Estate & Trust Law Section Meeting24 5:30p.m. C/S Community Outreach Committee/

New Practitioner Section @ MANNA27 Noon CR Personal Injury Litigation Section

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

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