the bar association of montgomery county, md … · written resume, not to exceed two pages on a 3...

THEBAR ASSOCIATION OF MONTGOMERY COUNTY, MD

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

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

Volume 54, Issue 6 December 2006

NEWSLETTERPRESIDENT’S MESSAGE

HAPPY HOLIDAYS:We now enter "the mostwonderful time of theyear", as the song goes.From Thanksgiving thruHanukah, Christmas,and the New Year, wehave wonderful parties,functions and celebra-tions. We should all

make a personal promise to ourselves to take amoment each day and think about and bethankful for what's really important to us. Weare alive; we have our beloved families, goodfriends and good health. Anything else is abonus. I had to announce the passing of one ofour members this week at the Luncheon whichled me to these thoughts. So, enjoy life and theseason and have the time of your life.

PRO BONO CLINIC AWARD: I wasvery proud to accept on behalf of ourAssociation an award to our Pro Bono ClinicProgram as the Best Local Bar Project benefit-ing the Public. It was presented at this year'sBar President's Conference in Ocean Citybefore representatives of the MSBA and all

SCHOOL MOCK TRIALCOMPETITION

The School Mock Trial Competition islooking for experienced litigators to act asjudges in the upcoming Mock TrialCompetition. High Schools from around thecounty compete in the annual competitionheld in the Circuit Court for MontgomeryCounty, Maryland. If you are interested injudging one of the competitions, please con-tact co-chair Bradford S. Bernstein at 301-762-1600.

TOYS FOR TOTS CAMPAIGNThe New Practitioners Section is, again,

collecting gifts for the Marines Corps ReserveToys for Tots Campaign. Please donate a giftby December 18th.

~ See Insert This Issue For Details ~

ATTENTION LAWYERREFERRAL SERVICE PANELATTORNEY MEMBERS

Striving for a more progressive and effi-cient system of billing, the Lawyer ReferralService Panel Attorneys will be billed viaemail starting this fiscal year (December,2006). Those who do not have emails willreceive their statements by mail. The billing isscheduled to begin on December 18th.

Beverly C. Mondin, Executive Director

NOTICE OF FAMILY DIVISIONMASTER VACANCY INCIRCUIT COURT

124th Bar Association ReferendumAnyone interested in being considered for

the Family Division Master vacancy in theCircuit Court, due to the resignation of theHonorable John S. Weaver, should submit awritten resume, not to exceed two pages on a 31/2” disk (Word 6.0 or Word97), with a $100 fil-ing fee, to Thomas D. Murphy, Chair, JudicialSelections Panel Committee, Bar Association ofMontgomery County, Maryland, 27 WestJefferson St., Rockville, MD 20850. All mate-rials must be received no later than 5:00p.m.Friday, December 22, 2006. We ask that youPLEASE have your material to the BarAssociation in advance of the deadline so thatwe can prepare the documents for printing.

Referendum ScheduleResume Deadline: Dec. 22, 2006Ballots Mailed: Dec. 29, 2006Ballot Receipt Deadline: Jan. 22, 2007, 2:00 p.m.Committee Meeting: Jan. 22, 2007, 3:00 p.m.

Please Note: A request to the BarAssociation for endorsement is not a substi-tute for submitting an application to theHonorable Ann S. Harrington, AdministrativeJudge, Circuit Court for Montgomery County,50 Maryland Ave., Suite 312, Rockville, MD20850. You can download the MarylandJudiciary Employment Applica-tion by accessing the AOC website:http://courts.state.md.us/hr/hrapplication-w-fields.pdf.

(Continued on page 4)

Monthly Bar LuncheonSchedule

December 5 2006 February 6, 2007January 9, 2007 March 6, 2007

April 17, 200712:15p.m. - 1:00p.m.

Rockville United Methodist Church112 West Montgomery Ave.

Rockville, MD 20850

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

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

I wish to donate: Time in the following areas of law: ________________________________ Time to the Evening Legal Clinics (6:30p.m.-8:30p.m.)________________ Time to the Pro Bono office as a Volunteer Consulting Attorney from 10:00a.m.-Noon on M____ Tu ____ W ____ Th____I wish to donate funds and enclose $________ Credit Card #: _________________________________________ Exp. Date ____________

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

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

Section 170 of the Internal Revenue Code.

CLE BREAKFASTThursday, December 14, 2006 The Summary Judgement Motion–How to Plead It

and How to Beat It – Speaker: Judge DeLawrence BeardFor information, contact the CLE Office at (301) 340-2534.

NEW BAR STAFF EMAIL ADDRESSES ... SEE PAGE 2

HEADINGFOR YOUR INFORMATION

2006-2007Officers and Chairs

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

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

(301) 610-0110Bench/Bar-Circuit – Jennifer A. Forquer, Chair – (301) 657-8805Bench/Bar-District Court – John P. Kudel, Chair – (301) 762-3770 &

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

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

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

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

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

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

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

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

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

Nominations & Elections – Thomas P. Ryan, Chair – (301) 762-7770Personnel Transition – David S. De Jong, Chair – (301) 838-3204Professionalism & The Quality of Life - Karen L. Federman-Henry, Chair –

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

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

Millard S. Bennett, Co-Chair – (301) 838-3203Technology – Jonathan R. Bromberg, Chair – (301) 251-6200Unauthorized Practice of Law – Ronald M. Abramson, Chair –

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

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

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

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

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

Lisa S. Segel, Co-Chair – (301) 315-6030Federal Practice – Charles F. Chester, Co-Chair – (301) 294-2500 &

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

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

(301) 896-0600 & Eric J. Von Vorys, Co-Chair – (301) 239-5242Juvenile Law – Neil I. Jacobs, Chair – (301) 762-9200Law Firm Management – David A. Pordy, Chair – (301) 230-5205New Practitioners – Omolade R. Akinbolaji, Co-Chair – 301-657-8805 &

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

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

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

Real Estate – Jerry R. O’Conor, Chair – (202) 887-0005Taxation – Alan S. Zipp, Chair – (301) 340-0084Telecommunications – Bruce A. Henoch, Co-Chair – (301) 230-6569 &

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

(240) 777-6728 & Alan B. Gross, Co-Chair – ((301) 670-7030BAR FOUNDATION OFFICERS (Effective July 1, 2006)President: Paul F. Kemp Treasurer: Richard S. StolkerPresident-Elect: John C. Monahan Assistant Treasurer: Robert B. HetheringtonPast President: John J. McCarthyDIRECTORSJames M. Brault Eric M. Johnson Robert C. ParkDouglas M. Bregman John P. Kudel Linda D. SchwartzEun (Jeannie) K. Cho Susan S. Magazine Deane A. ShureCharles B. Day Mimi L. Magyar-Socorso Harry C. StormGlenn M. Cooper Rachel T. McGuckian Joseph P. SuntumDavid S. DeJong Patrick C. McKeever Marvin WaldmanMary Ellen Flynn Camilla O. McRory Alan S. ZippJo B. Fogel A. Howard MetroCOMMITTEE CHAIRSBar Revue – Steven J. Bienstock – (301) 251-1600Cable T.V./Law School for the Public – Thomas P. Ryan, Co-Chair –

(301) 762-7770 & Natasha R. Luddington, Co-Chair – (301) 657-0748Continuing Legal Education – John R. Garza, Chair – (301) 838-3585CLE Breakfasts – James C. Strouse, Chair – (410) 730-7600Fall Outing – James R. Hammerschmidt, Co-Chair – (301) 951-9338 &

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

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

& VACANT, Chair (School Division) –

BAR ASSOCIATION OF MONTGOMERY COUNTY, MDNEWSLETTER

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

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

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

POSTMASTER:Send address changes to:

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

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

FOR LAWYERS WHONEED HELP

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

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

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

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

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

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

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

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

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

[email protected] and [email protected]

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

[email protected]

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

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

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

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

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

FRIENDS OF BILL W.LAWYER MEETING

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

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

the following months’ issue.

Allen J. Katz - (301) 840-8007Nicolle Nogueras - (301) 920-2677

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

LEGAL ETHICSHOTLINE

x Please Note New Bar Staff Email Addresses w

On behalf of the Court of Appeals, aproposed rule change of Rule 1.15 of theMaryland Rules of Professional Conduct isbeing circulated for comment. The propos-al involves a sweeping change to trustaccount record keeping. On behalf of theBar Association, The Ethics Committee issoliciting comment prior to a recommenda-tion of a comment on behalf of the BarAssociation. Please submit your commentsto Jeffrey M. Axelson, Co-Chair, throughthe Bar Association office or directly byemail to [email protected].

Key: Underlining indicates new language;shadingshading represents omitted language

Proposed New MRPC 1.15 (b)Rule 1.15. Safekeeping Property.(a) A lawyer shall hold property of clients

or third persons that is in a lawyer’s posses-sion in connection with a representationseparate from the lawyer’s own property.Funds shall be kept in a separate accountmaintained pursuant to Title 16, Chapter600 of the Maryland Rules. Other propertyshall be identified as such and appropriate-ly safeguarded. Complete records of suchaccount funds and of other property shall bekept by the lawyer and shall be preservedfor a period of five years after terminationof the representation.

(b) The following books and records mustbe maintained for funds and propertyreceived and disbursed for clients or forthird persons:

1. An identification of all trust accountsmaintained, including the name of the bankof other depository, account number,account name, date account opened, and anagreement with the bank establishing eachaccount and its interest bearing nature.

2. A check register for each account thatchronologically shows all deposits andchecks.

a. Each deposit entry must include thedate of the deposit, the amount, the identityof the client(s) or third person for whom thefunds were deposited, the purpose of thedeposit, and the source of the funds.

b. Each check entry must include thedate the check was issued, the payee, theamount, the identity of the client or thirdperson for whom the check was issued (ifnot the payee), and the purpose of thecheck.

3. A ledger for each client matter in whichthe lawyer receives trust funds must bemaintained. For every trust account trans-action, a lawyer must record on the appro-priate client ledger: the date of receipt ordisbursement; the amount and source ofeach deposit; the amount of each disburse-ment; the payee and check number (for dis-

bursements); the purpose of the transaction;and, the balance of funds remaining in theaccount in connection with the client mat-ter. A lawyer shall not disburse funds froma trust account that would create a negativebalance in connection with an individualclient matter.

4. A separate ledger must be maintainedfor nominal funds of the lawyer held in eachtrust account reflecting bank charges andfees.

5. A monthly trial balance of the ledgersidentifying each client matter, the balanceof funds held in connection with each clientmatter at the end of each month, and thetotal of all the client and third person bal-ances. No balance for a client matter orwith respect to funds maintained for a thirdperson may be negative at any time.

6. A monthly reconciliation of thecheckbook balance, the ledger trial balancetotal, and the adjusted bank statement bal-ance. The adjusted bank statement balanceis determined from the month-end bankstatement balance by adding outstandingdeposits and subtracting outstandingchecks.

7. Bank statements, canceled checks orcopies of canceled checks if they are pro-vided with the bank statements, and dupli-cate deposit slips. Cash fee payments mustbe documented by copies of receipts coun-tersigned by the payor. All disbursementsmust be by check unless made by wiretransfer. If a withdrawal is made by wiretransfer, a lawyer must create a writtenmemorandum authorizing the transaction,signed by the lawyer responsible for thetransaction. The wire transfer must beentered in the check register and include allthe identifying information listed in subsec-tion (b) (2) (b) of this Rule.

8. A lawyer who maintains trust accountrecords by computer must print, contempo-raneously with making the computer entry,hard copies and retain, on a monthly basis,the checkbook register, the trial balance ofthe ledgers and the reconciliation report.The checkbook register must contain all theinformation identified in section (b) (2) ofthis Rule.

9. A record of all property, specificallyidentified, other than funds held in trust forclients or third persons.

10. Records documenting timely noticeto clients and third persons of all receiptsand disbursements of their funds to andfrom each trust account.

COMMENTNew Rule 1.15(b) sets forth minimumrecord-keeping requirements. The recordsrequired to be kept permit the lawyer,clients and third persons to be assured thatfunds and property are being maintained by

the lawyer consistent with the care requiredof a professional fiduciary. Electronicrecords should be regularly backed up by anappropriate storage device. The frequencyof the backup procedure should be directlyrelated to the volume of activity in the trustaccount.

(b)(b) (c) A lawyer may deposit the lawyer’sown funds in a client trust account for thesole purpose of paying bank service chargeson that account, but only in an amount nec-essary for the purpose.

(c)(c) (d) Unless the client gives informedconsent, confirmed in writing, to a differentarrangement, a lawyer shall deposit into aclient trust account legal fees and expensesthat have been paid in advance, to be with-drawn by the lawyer only as fees are earnedor expenses incurred.

(d)(d) (e) Upon receiving funds or otherproperty in which a client or third personhas an interest, a lawyer shall promptlynotify the client or third person. Except asstated in this Rule or otherwise permitted bylaw or by agreement with the client, alawyer shall promptly deliver to the clientor third person any funds or other propertythat the client or third person is entitled toreceive and, upon request by the client orthird person, shall promptly render a fullaccounting regarding such property.

(e)(e) (f) When in the course of representa-tion a lawyer is in possession of property inwhich two or more persons (one of whommay be the lawyer) claim interests, theproperty shall be kept separate by thelawyer until the dispute is resolved. Thelawyer shall promptly distribute all portionsof the property as to which the interests arenot in dispute.

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PROPOSED RULE 1.15 CHANGE

THE DAILY RECORD’SLEADERSHIP IN LAW 2006WINNERS FROMMONTGOMERY COUNTY

Rachel T. McGuckianMiles & Stockbridge

Honorable Nelson Rupp, Jr.Circuit Court for Montgomery County

James L. ThompsonMiller, Miller & Canby, Chartered

These attorneys, along with 21 oth-ers, were honored at an event inBaltimore on November 17th.

Congratulations for your leadershipin the profession and in your commu-nity.

Register Joe Griffin , Sheriff Ray Kight, andour esteemed and popular Past President JohnMcCarthy who becomes our State's Attorney.You all have our best wishes and support foryour work in the legal community.

COMINGS & GOINGS: Even morecongratulations to our two newest JudicialAppointments: Governor Ehrlich appointedDistrict Court Judge Mary BethMcCormick to the Circuit Court andappointed James B. Sarsfield to that vacan-cy on the District Court. Judge DesignateMcCormick's Investiture is Dec 8th inCourtroom #1 of the Circuit Court andJudge Designate Sarsfield's Investiture isDec 21st in Courtroom #20 in the DistrictCourt building. Your Bar collectivelywishes each of you all the best in your newpositions….Master John Weaver is stepping

down from his position to return to privatepractice after 6 years on the bench in theMasters office. We'll miss his upbeat dispo-sition and hard work and wish him well ashe returns to the greatest job I know…beinga lawyer. ….Helen Kay Dimon, RockvilleFamily Law practitioner, Author and mostrecently Co-Chair of our hard working FeeDispute Resolution Committee is relocatingto San Diego, California with her husband,whose job precipitated the move. HelenKay, stay in touch and send us a note nowand then about how life is in the barren,almost artic climate you're in….Lastly, allour love and best wishes to Molly Ruhl whoretires after many years as our Clerk of theCircuit Court. The reception is inCourtroom #1 of the Circuit Court on Nov30th @ 2:30 pm. This shows that nice peo-ple really do finish first.

Happy Holidays to all. John C. Monahan

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PRESIDENT’S MESSAGE, cont’d

local and specialty Bars in the State. This is atribute to our staff, especially Bev, Mary Kayand all the members who volunteer to help atthe Gilchrist Center in Wheaton and the TESSCenter in Takoma Park each week.Congratulations on such great work. To every-one else, maybe put down volunteering at theClinics on your New Year's resolutions ormaking a year end donation to keep the pro-gram going. The form for either is on the frontpage of the Newsletter.

TOYS & MENTORS: An unlikelycombination?? Not really. Your NewPractitioners Section is sponsoring and work-ing on the 7th Annual Toys for Tots Campaign.See the Insert for details. To make it even eas-ier, we will collect toys at the Dec Luncheon.So put the Luncheon on your calendar (orPalm) and add-"bring a toy." This Sectionneeds 12 Mentors for new attorneys. LiliKhozeimeh has done a superb job at alreadyplacing 20 mentees with mentors but we needsome more. Call Lili (301-340-9090) to learnabout the program and give it a try. Helpingothers can be fun!

GRIEVANCES: Good News for achange. The AGC's Annual Report indicatedComplaints vs. lawyers have dropped again,reaching a 10 year low as the number of attor-neys increases. Bar Counsel Mel Hirshman'sonly conclusion is that the Bar is getting better.On the other hand, Montgomery County attor-neys had 60 docketed cases in the last year, 3rdmost after Baltimore County and City. Threeareas continue to generate the most filings:diligence, dishonesty and safekeeping of prop-erty (Escrow Accounts). There is a proposednew rule on record keeping for Escrowaccounts which the Court of Appeals just dis-tributed to all Bar Associations for comment. Ihave our Ethics Committee on that task so staytuned for more to come.

SPECIAL OLYMPICS: SpecialOlympics of Montgomery County has volun-teer (Male and Female) opportunities in allsports and other activities. No coaching expe-rience is necessary. Winter sports of bowling,basketball, 3 on 3 basketball, and field hockeyare starting. There is an orientation scheduledfor Wednesday, December 6th, 7-9 pm, at thePotomac Community Recreation Center,11315 Falls Road. Contact Marv Waldman at301-933-4500 or [email protected] fordetails.

ELECTIONS: Congratulations to DougGansler, our new Attorney General; the 4Sitting Circuit Judges (here's hoping the nextJudicial Election is also uncontested).and theCourthouse Slate, Clerk Loretta Knight,

(Continued from page 1)

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

THERE ARE THOSEWHO SAY THE CAR IS ONLY

A MACHINE.

RIGHT.

SO IS THE HUMAN HEART.

www.euromotorcars.com

BLOOD DONOR HEROESThank you to the following attorneys,

their support staff, Bar Association staffand family, who signed up to donate bloodat the 2006 Bar Association/Red CrossBlood Drive. You are our heroes.

Cindy BrandenburgLauren CarpenterPatrick CrawfordAudrey CreightonKathleen DumaisSuzy EcksteinEric EisenStephanie FinkJason GatesDavid GavinMike GugertyEllen KandellDan KennedyIvonne Lindley

Mary LombardoKathy McConnellRich MelnickJohn MonahanKerry UyakBob ParkMaster Joan RyonSatwinder SinghGary SegalSam ShapiroDeane ShureKaren SoferMarvin WaldmanTom Witkop

COUNTY HOUSINGAUTHORITY SEEKSVOLUNTEERS

The Housing OpportunitiesCommission is seeking licensed attorneyswith experience in administrative and land-lord-tenant law to volunteer as CommunityRepresentatives on the agency's three-per-son Hearing Board. The Hearing Board isthe final arbiter of appeals by residents fac-ing termination from the federal HousingChoice Voucher program (formerly Section8) or eviction from Public Housing.

The Community Representative'sappointment is subject to approval by theagency's governing board. The term is fortwo years. Typically, the Hearing Boardconvenes one evening a month for one ortwo hearings that last 60-90 minutes each.The Community Representative serves asChair of the Board. The Hearing Boardrenders a decision at the close of the hear-ing and the Chair issues a written rulingsoon after.

Please contact Doug Ryan at 301-929-6733 or at [email protected] formore information or to apply.

JUVENILE DIVISIONBENCH/BAR SCHEDULEFOR 2007

Please note that there will be nobench/bar meeting in July or August. Allmeetings will be held in Courtroom 20.CINA bench/bar meetings will be held ona Wednesday and Delinquent bench/ barmeetings will be held on a Thursday.Please submit any agenda items that you

PAGE 5

CURRENT UPDATEmay have to Ann Wilson [email protected], two days beforethe meeting.

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

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

May 17, 2007 (Delinquent) June 20, 2007 (CINA)

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

November 15, 2007 (Delinquent)December 19, 2005 (CINA)

CIRCUIT COURT FAMILYDIVISIONPostponement Policy for Juvenile Matters

Montgomery County Circuit CourtPursuant to Md. Rule 11-114, adjudi-

catory hearings shall be held within 30 daysof detention or shelter and within 60 days ofservice if the Respondent is not sheltered ordetained. Additionally, several pre-adjudi-catory and post-dispositional hearings mustbe held within strict time frames. To upholdthe requirements of the law and facilitatetimely disposition of matters, rehabilitationof juveniles and permanent placement of allaffected children, the following procedureshave been put in place:

Motions for postponement of adjudi-catory hearings beyond the statutory dead-line must be ruled upon by the administra-tive judge. Said motions will be grantedupon a showing of extraordinary cause.Extraordinary cause is that which is notforeseeable, usual or predictable. It is notregular or of the customary kind. Forexample, crowded dockets and scheduling

conflicts on their face do not constituteextraordinary cause.

As a matter of policy, the administra-tive judge will also hear motions for post-ponements of other events that require afinding of good cause. This includespostponements of the following:

• Competency Hearings• Waiver Hearings• Disposition Hearings• Permanency Planning Hearings• Termination of Parental Rights

Trials• Guardianship Review Hearings• Voluntary Placement HearingsThe following matters do not require

a ruling by the Administrative Judge:• The postponement of any type of

hearing that does not go beyond the timelimit required by the statute or rule, i.e.,postponement of an adjudicatory hearingdate at a pre-trial hearing that remains with-in the period prescribed by Rule 11-114.

• Postponements of pre-trial hear-ings that do not go beyond the scheduledadjudicatory hearing date.

• Postponements of dispositionhearings in delinquency cases in whichthe Respondent is detained that do notextend beyond the 30-day requirementunder Rule 11-115 (within 30 days of theadjudicatory hearing).

• Postponements of no more than 30days in violation of probation hearings.

• Postponements of non-mandatoryreviews.

Unless filed in writing by a party prior toa hearing, all other motions to postpone willbe heard by the administrative judge on therecord. Madeleine Jones

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ETHICAL CONSIDERATIONSIN DEALING WITH THESERVICEMEMBERS CIVILRELIEF ACT

In 2003 and 2004, Congress enacted asweeping revision of the Soldiers' and Sailors'Civil Relief Act, renaming it theServicemembers Civil Relief Act (SCRA).With the large numbers of service membersoverseas in Iraq and Afghanistan at this time,it is possible that an attorney will becomeinvolved in a matter involving a servicemember, and, in such cases, there are ethicalissues to consider and ethical pitfalls to avoid.

A plaintiff's attorney must be awarethat, if an individual is a defendant and failsto appear in a civil action or proceeding, 50U.S.C. App. § 521(b)(1) requires that anaffidavit be filed as to that defendant's mil-itary status. Failure of plaintiff's counsel tobe aware of this requirement could consti-tute a lack of competent representationunder Rule 1.1 of the Maryland Rules ofProfessional Conduct (the "Rules"). Ifplaintiff files a false affidavit as to the mil-itary status of a defendant, either knowingit to be false or not having determined themilitary status, the attorney filing the falseaffidavit may be in violation of Rule 1.2(d),which prohibits a lawyer from assisting aclient in fraudulent conduct.

The easiest way to avoid these ethicalviolations is to assume that any individualdefendant may be in the active military andverify the status of each defendant bychecking with the Defense Manpower DataCenter directly or through its website athttps://www.dmdc.osd.mil/scra/owa/home.

If an affidavit is filed with the courtindicating that the defendant is in activemilitary service, or if the court otherwisemakes that determination, 50 U.S.C. App. §521(b)(2) provides that the court must thenappoint an attorney to represent that defen-dant before the court can enter a judgment.The attorney who is appointed by the courtmay find a number of ethical dangers lurk-ing in that appointment, since while SCRArequires such an appointment, it providesalmost no direction to the attorney in howto proceed in the representation.

Probably the biggest obstacle to theappointed attorney's effective and ethicalrepresentation is communication with theclient, or the lack thereof. The client'sduties overseas may make it difficult orimpossible for the lawyer to obtain theinformation, documentation or other proofof defenses necessary to competent repre-sentation. While the SCRA provides reliefto service members where their militaryservice has "materially affected" their abil-ity to meet their contractual obligations,that same situation may adversely affectthe lawyer's ability to raise that defense.One logical answer to this issue could bethat the lawyer consult with other familymembers in assisting in the defense, how-ever, if the client has not been able to begive permission to make such contact, thelawyer could be revealing informationrelating to the representation of the clientwithout informed consent, as prohibited byRule 1.6. For example, the client may haveincurred a debt or obligation which theclient would prefer not be disclosed to hisspouse or parents, but the lawyer may not

know that fact if the client out of contact.In such a case, the lawyer may feel com-pelled to consider treating the unlocatablemilitary service client as a client withdiminished capacity under Rule 1.14, andconsult with friends or relatives on hisbehalf on that basis, however, the com-ments to Rule 1.14 do not specificallyaddress the case of a missing client, provid-ing no sure safe harbor.

The last hurdle in the appointed repre-sentation of a service member client is pay-ment of the attorney's fee. SCRA does notaddress the issue of compensation to theappointed lawyer. Subject to possible dueprocess arguments (the client may have hadno notice of the appointment, no opportuni-ty to negotiate a fee which was, in effect,imposed by the court), the client for whoman attorney is appointed would owe the rea-sonably earned fees of the lawyer appoint-ed, however, collectability could be a prob-lem. It is important to note, however, thatRule 6.2 prohibits the lawyer from avoid-ing a pro bono appointment, except in cer-tain situations, so the attorney is not able torefuse the appointment merely because theattorney might not get paid.

The moral of the story is that, whetherrepresenting a creditor against a defaultingservice member or being a court-appointedlawyer for an absent member of the activemilitary, it is important to keep in mind theRules of Professional Responsibility aswell as the provisions of the SCRA and thefacts of the particular case.

Louis S. Pettey, Esq.Jeffrey M. Axelson, Esq., Co-chair

Samuel M. Shapiro, Esq., Co-Chair

PAGE 6

LEGAL ETHICS ...


NEW LAWYER DIRECTORYUPDATES AVAILABLE ONOUR WEBSITE,www.montbar.org

You should have already received2006-2007 Law Directory and DeskReference. The Bar Association staffhas received numerous informationchanges since the printing process wasstarted. Please visit our website for alist of information changes that havebeen reported to us. We will continue toput information changes on our websitemonthly through the end of the year.

Appellate Practice

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301-3340-66090 • [email protected]

CHAMBER CHATSCircuit Court: Judge Ronald B. Rubin

will host the Circuit Court chamber chat onDecember 13th at 12:30 in his Chamberslocated at 27 Courthouse Square, Room150 on the 1st Floor. Mark your calendarsfor this event and bring your lunch, yourcolleagues and your questions! Also,remember to look in January's newsletterfor information on the next District CourtChamber Chat. Please contact Monica G.Harms, Esq., at Stein, Sperling et al, (301)838-3230 or [email protected] ifyou have any questions, suggestions orneed more information.

MARINE CORPS RESERVETOYS FOR TOTS

Join the New Practitioners' section inmaking the holidays special for local chil-dren and teens!! We are collecting giftsfor the Marine Corps Reserve TOYSFOR TOTS campaign. Now throughDecember 18, 2006 please drop offunwrapped gifts at the Bar Associationbuilding at 27 West Jefferson Street inRockville. Gifts for all ages are encour-aged, but don't forget items for teenagerssuch as cds, watches, gym bags, cosmet-ics, and jewelry. For more informationplease contact Lade R. Akinbolaji, Esq. atStrickler, Sachitano & Hatfield, (301)657-8805, [email protected] orIvonne C. Lindley, Esq. at Stein,Sperling et al, (301) 838-3217,[email protected].

MENTOR/MENTEEThe committee is still in desperate need

for mentors. There has been a high interestfrom the new admittees and young lawyersfor mentorship. Our association prides itselfon the development of young lawyers. Weneed mentors in the following practicegroup: Community Association Law,Business Law, Tax law, Public Interest,FDA/Health Law, Environmental Law,Public Policy/Legislative, and CriminalLaw. However, mentors in other practiceareas are welcome as well. If you or any-one you know is interested in being a men-tor, please contact Lili Khozeimeh, Esq., at301-340-9090 (phone) or by email [email protected].

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

PAGE 7

NEW PRACTITIONER SECTION

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

CONGRATULATIONS TO PALEY ROTHMANATTORNEYS WHO SERVE & SUPPORT LEGAL

David P. Shapiro, a member of thefirm's Business & Commercial Transactions,Health Law and Employment Law practicegroups, was elected co-chair of the BusinessLaw Section of the Bar Association ofMontgomery County.

Debbie A. Cohn has been appointed toa term on the Section Council for the Estateand Trust Law Section of the Maryland StateBar Association. Ms. Cohn, whose practiceconcentrates on Estate Planning and Estate& Trust Administration, also has beenaccepted into the Society of Trust and EstatePractitioners (STEP), an international net-work of over 11,000 members in 33 coun-tries working in common and civil law juris-dictions.

Paula A. Calimafde, who is a memberof Paley Rothman's Retirement Plans, Estate

Planning, Government Relations andNonprofits practice groups, recently servedas a member of the faculty for the AmericanLaw Institute-American Bar Associationcourse of study, Representing Professionaland Closely Held Businesses, in Chicago.Her topics included "Current LegislativeDevelopments and Outlook," "Planning withDefined Contribution Plans" and "Roth401(k) Plans: When Do They Make Sense?"

Glenn M. Cooper recently prepared anddistributed an updated monograph("Standards and Methods of CorporateControl-Maryland") to all of theMontgomery County judges assigned to theBusiness and Technology Case Managementprogram. Mr. Cooper is the manager andsenior member of the firm's Litigation,Family Law and Appellate Practice groups.

BUSINESS LAW SECTIONThe Business Law Section would like to

thank Julian H. Spirer, Esquire, a non-profitand business law attorney with Spirer &Goldberg, P.C., in Bethesda (www.spirerand-goldberg.com), for his outstanding presenta-tion at the Business Law Section's final pro-gram/meeting of 2006. Mr. Spirer's presenta-tion on representing non-profit businessclients from formation to operation was edu-cational and practical and was an excellentfollow-up to the Business Law Section'sOctober CLE program.

The tentative program line-up for Spring2007 includes programs on using businessinsurance as an effective business planningtool; preparing internal business controlagreements and managing business controver-sy matters and the dispute resolution process;representing government contractors in agree-ments and protests; and practical strategies forimproving hiring, employee performance andretention. Specific dates for these programs

will be outlined in future BAMC Newsletters.Please stay tuned.

Thank you to everyone in the Bar for asuccessful program schedule and good meet-ing attendance this past Fall. Please keep inmind that planning already is under way forthe Fall 2007 - Spring 2008 program year; weinvite program suggestions and proposalsfrom all members of the Bar.

The Business Law Section wishes all ofour colleagues in the Bar a happy and healthyholiday season. We look forward to continuedgrowth and member participation in theBusiness Law Section next year.

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

CINA/DELINQUENCYBROWN BAG BENCH BAR

MEETING DATESDec. 20, 20066

The CINA Bench Bar meetings are nowbeing held on Wednesdays, while the

Delinquent Bench Bar meetings will remainon Thursdays. The CINA/Delinquent BenchBar meetings will be held in Courtroom 20 ofthe District Court Building at 12:30 - 1:30PM.

CIRCUIT COURT BENCHBAR COMMITTEEMEETING DATES

December 6, 2006 March 7, 2007January 3, 2007 April 4, 2007February 7, 2007 May 2, 2007

Our meetings are held in theAdministrative Judge’s Conference Room onthe 3rd floor of the Circuit Court building inRockville.

The following matters are brought toyour attention:

Congratulations to Judge Mary BethMcCormick who was appointed by theGovernor to the Montgomery County CircuitCourt. Stay tuned for information on herswearing in ceremony!

Our many thanks to Judge James L.Ryan for his years of service to our communi-ty and for his numerous contributions to theMontgomery County Court system. JudgeRyan's official retirement date was November30, 2006, and we wish him all the best.

Master Weaver announced that he willbe leaving his position as a Master with theFamily Division effective December 31, 2006.We wish him the best as he pursues his gradu-ate degree and the active practice of familylaw. He will be practicing family law litiga-tion and mediation and accepting appellatecases as well. We thank him for so manyyears of dedication and hard work in theMaster's office.

Molly Ruhl's last day as Clerk of theCourt was November 30, 2006. We want toextend our thanks to Molly for all of her hardwork and dedication to our court system for somany years.

The Office of the Public Defender has anew advocacy program for juveniles. Therewas a training seminar for those attorneysinterested in educational advocacy. This pro-gram is designed to assist juveniles addressissues such as delinquency, expulsion, suspen-sion, the need for an IEP and other issuesraised by their disabilities. There is always aneed for good attorneys to assist children inthis area of the law. If you are interested inassisting with this endeavor, please contacteither Jennifer Barmon [email protected] or Paul DeWolfeat (240) 773-9650.

If you have any matters to bring to theCommittee's attention, please feel free tocontact any committee member or JenniferA. Forquer at 301/[email protected].

Jennifer A. Forquer, Chair

PAGE 8

COMMITTEES & SECTIONS


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COMMERCIAL LITIGATIONSECTION

Mark your calendar for December 12,2006, 8:30 - 11:30 a.m., for what will prove tobe an informative and insightful seminar.From getting on the docket, to motions day,through discovery and pre-trial motions, prac-tice in Virginia for the infrequent Virginia liti-gator can be a daunting journey into unchart-ed waters.

The Commercial Litigation Section hasthe honor to present retired judges Hon.Alfred D. Swersky and Hon. Paul F. Sheridanto present: Navigating the Unpredictabilityof Virginia's State and Federal Courts. Thisprogram will highlight the myriad differ-ences between the local practices and proce-dures in Virginia's state courts, and will alsofocus on federal practice on the "RocketDocket."

Judge Sheridan, the former Chief Judgeof the 17th Judicial Circuit Court of ArlingtonCounty, has taught Trial Advocacy at GeorgeMason University School of Law for 21 years.Judge Swersky, formerly of the 18th JudicialCircuit Court of Alexandria, currently teachestrial practice at Catholic University.

SEE THE CLE SEMINAR LISTING INTHIS ISSUE FOR REGISTRATIONDETAILS….!

The next breakfast meeting of theCommercial Litigation Section will takeplace on January 23, 2007, from 8-9 am, atthe offices of Stein, Sperling, Bennett, DeJong, Driscoll & Greenfeig, P.C., 25 WestMiddle Lane, Rockville, Maryland. PleaseRSVP to Chris Grube at (301) 838-3269, [email protected].

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

DISTRICT COURT BENCHBAR COMMITTEEMEETING DATES


John P. Kudel, Chair

EMPLOYMENT LAWSECTION MEETING DATES

January 11, 2007 March 8, 2007May 10, 2007

The Section would like to thank JeffreyKatz for speaking at the Fall BreakfastSeminar in November regarding Tax Issues inEmployment Law Settlements.

Our next regular meeting will be a break-fast meeting on Thursday, January 11, 2007,at 8am. We are very pleased to announce thatMichael Fordham Dennis, the ComplianceDirector of the Montgomery County Office ofHuman Rights, will speak to our Section

regarding the enforcement operation of theOffice of Human Rights.

The meeting will be held at BrombergRosenthal LLP, 401 North WashingtonStreet, Suite 500, Rockville, MD 20850.Free parking is available. Your RSVP isrequested via e-mail or phone to RosannaLopez ([email protected] 202-861-2934) or Scott Mirsky([email protected], 301-251-6200).

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

ESTATE & TRUST LAWSECTION MEETING DATES

January 22, 2007 March 12, 2007February 12, 2007 April 16, 2007

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

Jay M. Eisenberg, Chair

FAMILY LAW SECTIONMEETING DATES

December 14, 2006 [Holiday Party]January 18, 2007

February 15, 2007 [Wine and Cheese]March 15, 2007April 19, 2007

May 4, 2007 [Law Day]Except for December 14, 2006 and

February 15, 2007 all meetings will be held onthe 3rd Thursday of the month at 5:30 p.m. in theCLE Classroom of the Bar Association Building.

We thank Vince Wills and Scott Stricklerfor discussing stock options and deferredcompensation plans at our November meeting.We'll be taking a break from our usual sectionmeeting in December for our annual holidayparty, which will be on December 14, 2006 atthe offices of Strickler, Sachitano, andHatfield in Bethesda. All members of thebench and bar are invited. The cost is $40 forprofessionals and $20 for non-professionalcourt staff. This is always a great party -

PAGE 9



(Continued on following page)

RSVP early to Paula at (301) 657-8805, or bye-mail to [email protected].

Thanks also to Carren Oler and to PrudenceUpton for teaching the Divorce Legal Seminar atthe Commission for Women in October andNovember, respectively. Contact ShellyMcKeon at [email protected] ifyou are interested in volunteering to teach in thecoming months.

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

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

INTELLECTUAL PROPERTY& TECHNOLOGY LAWSECTIONJanuary 10, 2007 March 14, 2007

May 9, 2007The meetings are held on the 2nd

Wednesday of the month at 8:00a.m. in theBar Association Conference Room, unlessotherwise noted.

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

LAW FIR MANAGEMENTSECTION

Please join us on January 18, 2007 at8:00a.m. at the Law Firm ManagementSection meeting for a special presentation byOptimal Networks on Network Security.Date: Thursday, January 18, 2007Time: 8:00a.m. - 9:00a.m.Place: Shulman, Rogers, Gandal, Pordy

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

The meeting is open to all members ofthe Association. Light breakfast will be pro-vided.

Please RSVP to Donna Olenick at (301)230-5200, Ext. 5515.

David A. Pordy, Chair

LAWYER TO LAWYERCOMMITTEE MEETING

DATESJanuary 11, 2007 March 15, 2007

May 10, 2007All meetings will be held on the 2nd

Thursday of alternating months (Septemberthrough May) at 5:00p.m. in the Circuit CourtLaw Library, unless otherwise noted.

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

LEGAL ETHICSCOMMITTEE MEETING

DATESDecember 13, 2006 March 14, 2007January 10, 2007 April 11, 2007February 14, 2007 May 9, 2007

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

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

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

PROFESSIONALISM & THEQUALITY OF LIFE

COMMITTEE MEETINGDATES


The meetings are held on the 1st Tuesday

of the month at 4:30p.m. in the Bar AssociationConference Room, unless otherwise noted.

Watch this space!When this issue of the newsletter arrives,

the town meeting of the Judicial Commission onProfessionalism will be fresh in our minds. Forthose of you who attended, I hope you shareyour thoughts about the report with me and withothers (and that you did so at the meeting). Forthose of you who could not attend, I will reporton the meeting in the next newsletter.

Regardless of whether you agree or dis-agree with some or all of the recommenda-tions of the Commission, we can all learnfrom the debate. And we owe it to our profes-sion as well as the community to continue tostrive for a legal system that promotes integri-ty and quality with respect for those participat-ing in it.

Have a happy and safe holiday season,and watch this space next month for moredetails on the Commission report!

Karen L. Federman Henry, Chair

REAL ESTATE LAWSECTION MEETING DATES

January 9, 2007 March 13, 2007February 13, 2007 May 8, 2007

June 12, 2007We will not meet in December, in recogni-

tion of the fact that this month is invariablycrowded with many personal and professionalcommitments, and thus a respite from Sectionactivities is warranted. We will resume ourmonthly breakfast meetings on January 9, 2007.

Jerry R. O’Conor, Chair

TAXATION LAW SECTIONMEETING DATESDecember 6, 2006 March 7, 2007January 3, 2007 April 4, 2007February 7, 2007 May 2, 2007

PAGE 10



(Continued from preceding page)

Marisa [email protected]

Bethesda Research Services

• Identify and locate heirs anddescendants for estate attor-neys, personal representa-tives, and others

• Compile biographical infor-mation

• Perform public recordssearches

Expert researcher available to:

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

Capital losses are deductible in fullagainst capital gains plus $3,000 against ordi-nary income ($1,500 if married filing a sepa-rate tax return). Any excess capital losses arecarried over indefinitely and used againstfuture capital gains or ordinary income at theannual rate of $3,000 ($1,500 if married filinga separate tax return).

What happens in a divorce case when theparties have large capital losses carried overfrom their joint tax returns?

The answer is that the capital loss carry-over belongs solely to the party whose proper-ty realized the loss.

In cases where the capital loss is traceableto jointly owned property sold at a loss, eachparty is entitled to one half of the loss carryoverfor use on their future separate tax returns.

In cases where the capital loss is trace-able to separately titled property sold at a loss,

the capital loss carryover belongs solely tothat party.

This principal of taxation is based on long-standing court decisions and IRS rulings. In1960 the IRS ruled (Rev. Rul. 60 216 1960 1C.B. 126), in the case of a divorced husband, thathe was entitled to use loss carryovers only to theextent they vested in him. In 1965 the IRSamplified that ruling (Rev. Rul. 65 140, 1965 1C.B. 127) holding that when there is a change inmarital status, because of the death of one of theparties, and in a succeeding year the survivorsustains a net operating loss, the loss may be car-ried back only to that portion of the incomereported on a joint return previously filed withthe decedent, which is vested in the survivor. In1965, the 10th Circuit Court of Appeals ruled[Calvin, Asa, et ux., v. United States, 354 F.2d202 (10th Cir. 1965)] that only the taxpayer whosustained the loss is entitled to take the deduc-tion. The court went on to state that the "merefiling of a joint return by married taxpayers doesnot ipso facto convert a net operating loss of oneinto the joint loss of them both when such loss issought to be carried to other tax years." Thecourt concluded that "we believe that a properconstruction of the statute and regulations

requires us to conclude that the net operating lossprovisions are personal to the taxpayer whoincurred such loss and only available in otheryears to offset income of the same taxpayer."

In 1968, the 6th Circuit Court of Appealsruled [Zeeman v. United States, 395 F.2d 861(6th Cir. 1968)] that a widow sustaining a cur-rent year net operating loss could not carryback the loss deduction to a prior year jointreturn filed with her husband because all ofthe joint return income was her husband's andnone was hers. The court cited Calvin v.United States and ruled that only the incomeof the person who suffered the loss may beoffset by a deduction for such loss.

In 1974, the IRS ruled (Rev. Rul. 74 175,1974 1 C.B. 52) that in the absence of anyexpress statutory language, only the taxpayerwho sustains a loss is entitled to take the deduc-tion [citing Calvin v. United States, 354 F.2d202 (10th Cir. 1965)]. In the ruling, the questionwas posed whether the estate of a decedent isentitled to deduct certain losses sustained by thedecedent prior to his death. Under the facts,prior to his death the decedent sold stock at aloss and also sustained a net loss from his busi-

PAGE 11




ness operations. The IRS ruled that the businessloss and the capital loss sustained by the dece-dent for the period ending with the date of hisdeath are deductible only on his final income taxreturn. Thus, no part of such net operating lossor capital loss is deductible by the decedent'sestate or carried over to subsequent years.

In 1985, the IRS ruled (LTR 8510053)regarding the case of a man who sustained a longterm capital loss that was carried over on hisjoint returns until his death. The widow askedwhether she may continue to carry over lossesincurred by the decedent on her future individualincome tax returns. The IRS ruled that, as therelevant property giving rise to the capital losswas the husband's separate property, that no partof the loss incurred on the sale of that property isdeductible by the surviving spouse and no part ofthe loss may be carried over on her individualincome tax returns. The IRS cited Rev. Rul. 74175 and Calvin v. United States, for the premisethat only the taxpayer who sustains the loss isentitled to take the deduction.

The tax principle that "absent a specificstatute to the contrary, a loss deduction mayonly be taken by the party bearing theexpense" is cited in numerous court decisionsincluding the 2002 case of UnionBanCalCorp, et al., v. Commissioner, [305 F.3d 976(9th Cir. 2002)] citing Calvin v. United States,and Tennessee Securities, Inc. v.Commissioner, 674 F.2d 570 (6th Cir. 1982).

In its 2005 edition of Publication 544, Salesand Other Dispositions of Assets, the IRS states:"If you and your spouse once filed jointly and arenow filing separately, any capital loss carryoverfrom the joint return can be deducted only on thereturn of the spouse who actually had the loss."

While the parties are free to transferproperty between themselves in settlement ofmarital claims in any manner they decide, thetax law will govern how they will be taxed onsuch decisions. In the final analysis, if thecapital loss carryover can be traced to proper-ty of only one of the parties, only that party isentitled to use the deduction on his or herfuture separate tax returns.

On November 28, 2006, the Tax Sectionwill be presenting an exciting CLE seminar.The topic is "What Tax Returns Really Meanto the Litigating Attorney." A panel of TaxSection members including, Alan Zipp, DavidDeJong, Chaya Kundra, Scott Strickler, GlennAnderson, and Marilyn Brasier, will discussvarious tax documents including Forms W 2and K 1, individual, partnership, corporate, andfiduciary tax returns, and their various sched-ules, in terms of how they should be understoodby the litigating attorney. This is one of those"not to be missed" seminars. All interestedattorneys and judges are invited to attend.

Alan S. Zipp, Chair

WORKERS COMPENSATIONLAW SECTION MEETING

DATESDecember 14, 2006 March 8, 2007January 11, 2007 April 12, 2007February 8, 2007 May 10, 2007

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

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

PAGE 12

COMMITTEES & SECTIONS(Continued from preceding page)


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CONGRATULTIONS TO THEHONORABLE ROBERT M. BELLAS HE TAKES THE HELM ASPRESIDENT OF CONFERENCEOF CHIEF JUSTICES

As the new president of the Conference ofChief Justices, Chief Judge Robert M. Bell ofthe Court of Appeals will lead the prominentnational organization for a 1-year term. JudgeBell, who had served as president-elect of theconference since the organization’s annualmeeting in August 2005, assumed his newresponsibilities at the close of the August 2006conference.

During his term, Judge Bell will also serveas the chair of the Board of Directors of theNational Center for State Courts. Judge Bellserved as First Vice-President of the Conferenceof Chief Justices during 2005.

“I am honored to have been chosen for thisleadership position at a time when we are strivingto make the courts more accessible, particularlyto those who are unable to afford lawyers orlengthy proceedings,” Bell said. “Access to jus-tice is imperative if we hope to inspire the pub-lic’s trust and confidence. At the same time, weneed to continue our efforts to educate the publicand to emphasize, in meaningful terms, the con-cept of judicial independence and accountabili-ty.”

As president of the conference, JudgeBell will assign members to the conference’svarious committees. He may also be called onto represent the conference on Capitol Hillregarding federal matters affecting state courts.

CONTINUING LEGAL EDUCATIONDecember 2006 Schedule

CLE SEMINARSCost: $60 Member, $30 New Practitioner, $85 Non-Member; Cost Per 3 Hour Program.

Monday, December 4 at 5:30 – 8:30 p.m.What You Should and Should Not Do in a District Court PI Trial

Speakers The Honorable Brian G. Kim, District Court for Montgomery County, MarylandThe Honorable J. Michael Conroy, Jr., District Court for Montgomery County, MarylandThe Honorable J. James McKenna, Retired Judge, Circuit Court for Montgomery County, Maryland.

Who Should Attend?All attorneys who litigate in the District Court of Maryland.

What You Will Learn.This CLE will cover Section 10-104 filings (do’s and don’ts), opening & closing to judge, party/witness testimony, special-ly set cases, use of demonstrative evidence, praying a jury trial: yes or no? ADR vs. District Court trial, and appeals from theDistrict Court.

Why Attend?This program will involve input by a retired judge (Judge McKenna who occasionally sits on the District Court),a judge of a few years tenure (Judge Kim), and a new judge with considerable trial experience before coming tothe bench (Judge Conroy). Their comments on what an attorney should and should not do at trial, will thereforebe both varied and valuable. This panel can be expected to combine diplomacy and directness.

Tuesday, December 12 at 8:30 – 11:30 a.m.PLEASE NOTE: This is a 3 hour morning seminar.Navigating the Unpredictability of Virginia’s State and Federal Courts

SpeakersThe Honorable Alfred D. Swersky, Retired Judge, Circuit Court for Alexandria, VirginiaThe Honorable Paul F. Sheridan, Retired Judge, Circuit Court for Arlington County, Virginia

What You Will Learn.This program will offer tips from the bench and from seasoned Virginia practitioners about the unique nuances and vagaries ofVirginia practice, both in state and federal courts. The program will review recent rule changes and will focus on some of thekey distinctions between Maryland’s and Virginia’s Rules of Procedure. For Maryland lawyers, navigating the waters ofVirginia’s state and federal court system is a daunting proposition. This cutting edge seminar will help calm those waters.

Why Attend?This seminar is a must for the Maryland practitioner who is looking to expand or enhance his/her practice in Virginia.

CLE BREAKFASTThursday, December 14 at 7:45 – 8:45 a.m.The Summary Judgement Motion - How to Plead It and How to Beat It

Speaker: James C. Strouse, Esquire

Date of Programs You Want to Attend: ____________________________________________________________________

Name: ________________________________________________________________________________________________

Address: ______________________________________________________________________________________________

Phone: ______________________________________ Fax: ___________________________________________________

Total: $ ______________________________ E-Mail ______________________________________________________

Check/Coupon Enclosed OR Spring Pass Number # _________________________________ OR

Visa/MC ______________________________________________ Exp. _____________________________

Make Check Payable & Return Completed Form To: Montgomery County, MD, Bar Foundation

27 W. Jefferson Street, Rockville, MD, 20850Phone: 301-340-2534 Fax: 301-217-9327

For Office Use Only: Income Code F/410

SEVENTH ANNUAL MARINE CORPSRESERVE TOYS FOR TOTS

CAMPAIGN

PLEASE JOIN THE NEW PRACTITIONERS'SECTION IN MAKING THE HOLIDAYS SPECIAL FOR

LOCAL CHILDREN AND TEENS!!

We are collecting gifts for the Marine Corps Reserve Toys for Tots Campaign

NOW THROUGH MONDAY, DECEMBER 18, 2006.

Please drop off unwrapped gifts at the Bar AssociationBuilding at 27 West Jefferson Street in Rockville.Gifts for all ages are encouraged, but don't forget

items for teenagers such as CDs, watches, gym bags,cosmetics, and jewelry.

Contact Section Co-Chairs Lade R. Akinbolaji at 301-657-8805 or

Ivonne C. Lindley at (301) 838-3217with questions.

PERSONAL INJURY APPELLATE DECISIONSIn Bowser v. Resh (Court of Special

Appeals, No. 1378, September Term 2005,Filed September 20, 2006), the Court affirmeda jury verdict holding that both motor vehicledrivers were negligent. The jury also foundthat negligence of one of the drivers was notimputed to his passengers under theories ofownership, agency, or negligent entrustment.The appellate court, however, reversed thetrial court's dismissal of a counterclaim forindemnification or contribution.

The case involved an early nighttime col-lision of a passenger van with a "skidloader" (aslow moving farm utility vehicle). There wasconflicting testimony as to how dark it was.The driver of the van was transporting his wifeand his father-in-law to the father-in-law'shome, where all intended to spend the night.The van was registered in the wife's name, butthere was testimony that the husband and wifewere in fact co-owners of the van. The hus-band had vision problems due to diabetes, andhe had several previous eye surgeries. Becauseof his vision problems there was some evi-dence that he should not drive at night.

The van struck the slow moving vehicle,which legally was not supposed to be operatedon public roads. The driver and passengers filedsuit. The farmer counterclaimed for his owninjuries against the van driver, and sought con-tribution and indemnification if the passengersprevailed on their claims. In answering the orig-inal counterclaim, the van driver denied liabili-ty. The van's insurer then settled with the farmerfor his injuries, and he signed a full releaseincluding his right to indemnity or contribution.The farmer later filed an amended counterclaimagain alleging the right to indemnity or contri-bution and also alleging negligent entrustment.Shortly before trial, the lower court dismissedthe counterclaim based upon the release.

The appellate court held that while anowner who is a passenger in her own vehiclemight have negligence imputed to her as an

owner under the theory that she had the rightto control its operation, a co-owner does nothave that right. There was evidence to supportthe jury's conclusion. The jury also could findthat the driver was not acting as an agent forhis father-in-law. Agency requires consent ofthe principal and agent to establish the rela-tionship. It also requires consideration of fac-tors such as right to control and acting for theprincipal's benefit.

In reversing the trial court's dismissal ofdefendant's amended counterclaim for contri-bution or indemnification, the appellate courtheld that the dismissal of the counterclaim waspartial summary judgment because it relied onmatters outside of the pleadings. Release is anaffirmative defense that must be pled underRule 2-323(g). Plaintiffs under Rule 2-341 hadfifteen days to respond to the counterclaim, andcould not raise the defense of release for thefirst time by way of summary judgment. As wewent to press, it was unknown if the partieswere seeking further appellate review.

In Baltimore v. Whalen (Court of Appeals,No. 101, September Term 2005, Filed: October19, 2006), the Court reversed the Court ofSpecial Appeals decision reported in theNovember 2005 issue of this Newsletter and inthe September 2006 booklet for Back to CourtNight. A blind plaintiff fell in a utility hole thatwas maintained by the city. The hole was in apublic park forty-two inches from a public rightof way. Maintenance of a public right of way isconsidered to be a "proprietary function" inwhich liability may be imposed on a govern-mental entity. Maintenance of public parks isconsidered a "governmental function" forwhich the government is immune from tort lia-bility. Plaintiff's injury was within the park'sboundary, and thus judgment should have beenentered for the city.

In a concurring opinion, Judge Wilner stat-ed that the distinction between proprietary andgovernmental function "makes utterly no sense".

Many states have abandoned this theory. Becauseabolishment of this distinction could create budg-etary problems for local governments, he sug-gested that such a change be made by the legisla-ture instead of the Court of Appeals.

If you have any recent Maryland decisionsto submit to the Newsletter, please contact me at301-933-4500 or [email protected].

Marvin Waldman

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CONGRATULATIONS TOMILLARD S. BENNETT AS HECHAIR MYERS SOCIETYDINNER

On September 29, 2006, Millard S.Bennett, Esquire, of Stein, Sperling, Bennett,De Jong, Driscoll & Greenfeig, formallyassumed the position as the Chairman ofAmerican University’s Washington Collegeof Law’s John Sherman Myers Society at the22nd Annual Myers Society Dinner at theEmbassy of Italy in Washington, DC. Thedistinguished annual giving society is namedafter former dean John Sherman Myers andhis wife Alvina Reckman Myers, and honorsdonors who demonstrate their commitmentand leadership to the Washington College ofLaw through annual giving.

Mr. Bennett will oversee the MyersSociety’s campaign initiatives by raising annu-al contributions to support the school’s exten-sion of scholarships and financial assistance tostudents and financial support to facultyresearch, academic programs, centers and clin-ics. Mr. Bennett’s goal is to increase the mem-bers’ involvement, participation, interactionand contribution of their experience with theschool’s students, faculty and administration.

For information about Mr. Bennett andhis plan as Chair of the John Sherman MyersSociety, please contact him at (301) 340-2020.

PRO BONO UPDATEOn behalf of the Board of Directors of

the Bar Foundation, we wish to thank ourPro Bono Heroes for their work taking probono cases and serving at the clinics:

October Pro Bono ReferralsJonathan R. Bloom Deborah E. HoranKate Bunker** Donn K. Jenkins John B. Dunn Alan S. Kerxton Terence B. Garvey Donna K. Rismiller John H. Harman Scott R. Robinson Craig L. Holcomb Cheryl E. Rose ** = 2 cases

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

Cases Referred - 12Cases Closed - 183Opened Cases - 131

~The Board of Directors also wishes to

thank the Child Custody Hero's who havetaken these very difficult cases under theChild Custody Grant, which allows $50.00per hour up to $1,000. If you would like tovolunteer or need training, please call MaryKay Canarte at 301-762-5831.

October Contested Custody CasesAnthony D. Arnold Louise H. Preble-Schwartz

Judith L. Bluefeld Harry L. Stone Stephen A. Conte Michael L. Subin Michael J. Grady** Belinda Tilley** John M. Green Athanasios T. Tsimpedes**Sherry L. Leichman Donya Zimmerman Bonnie J. Montgomery Eva Y. Xu Marylin Pierre ** = 2 cases

~The Evening Legal Clinics at TESS

and the Gilchrist Center continue to handlevolumes of clients through the very ableassistance of David Vega, Esquire and JayMarks, Esquire. Their assistance and com-mitment continues to be the backbone of theprogram along with our very committedVolunteers.

Following are the attorneys who volun-teered in October at the Clinics. On behalfof the Board of Directors of the BarFoundation, we wish to thank all of our“PRO BONO HERO'S for their time anddedication.”

Gilchrist CenterLade Akinbolaji Anthony SchmidtKate Bunker Mike SubinStuart Lipshutz David Vega


SAVE THE DATE ...BARRISTERS’BASH

Please save the date for the BAMCBarristers’ Bash to be held on Saturday,April 21, 2006 at 7:30p.m. at theDoubletree Hotel on Rockville Pike (soonto be a Hilton Hotel). There will be livemusic from “Reunion” and “TheContemptations,” food, dancing, drinks,etc. Please check your newsletters nextmonth for additional details!

Jay Marks Juan WashingtonJacqueline Ngole Lynette WhitfieldCarol Schifter

TESS CenterChristina Ballance David VegaJeff Barham Jay MarksRoger Golden Allison OttoDini Karasik

Beverly C. Mondin, Executive Director

Md. Court Rules Against Cuts InHealth Benefits

Decision favors legal immigrantsbattling for state insurance money

Maryland's highest courtsided with the families of 13legal immigrant childrenThursday in a long-running bat-tle over their right to state healthinsurance that Gov. Robert L.Ehrlich Jr. eliminated more thana year ago.

The Maryland Court ofAppeals unanimously upheld a

preliminary injunction against the cuts granted inJanuary by a Montgomery County Circuit Courtjudge, who temporarily restored the benefits.

But the appeals court disagreed with theCircuit Court's order that Maryland reimburse thefamilies for medical bills dating to July 2005, whenEhrlich eliminated the funding.

Although the matter will return to theMontgomery court for final resolution, attorneys forthe 13 plaintiffs -- a group that includes a boy witha rare blood disease and a girl with West Nile virus-- called the Court of Appeals opinion a "sweepingvictory."

"It's a victory for the kids who have desperatehealth needs, whom Governor Ehrlich turned hisback on," said Bethesda attorney Douglas M.Bregman, who last fall filed the lawsuit in conjunc-tion with the Maryland Legal Aid Bureau. "Thebottom line is the state of Maryland cannot turn itsback on the health care needs of legal immigrantchildren."

An Ehrlich spokesman referred comment tothe Maryland Department of Health and MentalHygiene, which administers the state's Medicaidprogram.

"We are reviewing the Court of Appeals opin-ion; we are obviously disappointed," said KarenBlack, a spokeswoman for the department.

In July 2005, Ehrlich eliminated $7 millionfrom a program covering about 4,000 low-incomepregnant women and children who have been in thecountry legally less than five years. Although theadministration cited budget difficulties, Democrats

and immigrant advocates argued the cuts were crueland discriminatory.

Ehrlich later restored $1.5 million to coverpregnant women already enrolled in the program,and this year -- after loud complaints fromDemocratic lawmakers -- his budget allotted $3 mil-lion in grants to local health departments to coverthe population. But the grants did not specificallyrestore the benefits.

After January's Circuit Court decision orderedthe state to restore the benefits, the administrationwas granted a stay. The Court of Appeals heard thecase in May.

In arguments, attorneys for the state pointedout that Maryland was among a handful of statesthat covered the population even after changes infederal guidelines in 1996. That year, Congress'sweeping welfare reform act prevented federalMedicaid funds from covering legal immigrantswho had been in the country less than five years butallowed states the discretion to fund the benefit ontheir own.

Attorneys for the plaintiffs said Maryland cutsdiscriminated against noncitizens, violating equalprotection guarantees in the state Constitution.

In Thursday's decision, judges said the lowercourt was correct in granting the preliminary injunction because it is likely the plaintiffs will win onthe merits of the discrimination claim.

"The failure to appropriate monies for medicalassistance benefits on the basis of alienage violatedthe equal protection guarantees of Article 24 and theDeclaration of Rights," the decision stated.

Regan Bailey, a Legal Aid attorney for theplaintiffs, said she thinks the Court of Appeals' con-clusion leaves little room for the administration toargue that it did not violate the constitution.

By Kelly Brewington, Sun Reporter

SHULMAN, ROGERS, GANDAL,PORDY & ECKER, P.A. NAMEDMOBILE MEDICAL CARE, INC.2006 CORPORATE PARTNER OFTHE YEAR

Shulman, Rogers, Gandal, Pordy & Ecker,P.A. has been named Mobile Medical Care, Inc.'s

2006 Corporate Sponsor of the Year. The awardwas given in recognition of the firm's support con-tributed to "MobileMed" and for efforts to maxi-mize the organization's credibility in the communi-ty.

"MobileMed" is a non-profit organizationwhose mission is to provide primary medical care tothe low-income, uninsured, working poor, andhomeless in Montgomery County, Maryland.MobileMed is unique because it is the only providerof direct primary health care services for the unin-sured in Montgomery County.

STRICKLER, SACHITANO &HATFIELD, P.A.

Jennifer Fairfax, who recently taught con-tinuing legal education courses for theMontgomery County Bar Foundation on adop-tion and the representation of LGBT clients, suc-cessfully argued that a de facto parent is entitledto visitation with her de facto daughter based onthe best interest of the child. In Janice M. v.Margaret K., 2006 WL 3114248, Jennifer arguedbefore the Court of Special Appeals of Maryland.The appellate court upheld the trial court deci-sion granting Margaret K. visitation. The deci-sion confirms that upon meeting a four-prongtest, a de facto parent is entitled to seek visitationbased on the best interest of the child. The courtalso held that to obtain custody, a de facto parentmust prove either unfitness on the part of thelegal parent or that exceptional circumstancesexist to rebut the presumption that a child’s bestinterest is served by being in the custody of the legalparent. Ms. Fairfax recently wrote an article for theFall 2006 ABA Solo Magazine Newsletter entitled“Representing Same-Sex Adoption Clients” andwill be featured this fall on “Law School for thePublic” where she will discuss adoptions underMaryland law.

Scott Strickler has been selected by WorthMagazine, in its December 2006 issue, as one of theUnited States’ top 100 attorneys attending to theneeds of affluent clients and their families. Mr.Strickler is one of only two lawyers in the state ofMaryland selected for this honor, and one of only sixmatrimonial lawyers on the nationwide list.

PAGE 18

CONGRATULATIONS


SPECIALTY BAR ASSOCIATIONSJ. FRANKLYN BOURNE BARASSOCIATION

The Maryland State Bar Associationpresented the J. Franklyn Bourne BarAssociation with a Best Service to thePublic Project Award for its High SchoolOratorical Contest. The award wasaccepted by Bourne President Sharon V.Burrell at MSBA's Annual Conference ofBar Presidents in Ocean City on October21, 2006.

On November 2nd, Bourne heldanother successful Scholarship AwardsBanquet. The keynote speaker,Congressman Elijah E. Cummings, gavea rousing speech to over four hundredfifty guests. Bourne awarded scholarshipsto three law students and presented theLegal Excellence Award to the HonorableHassan El-Amin. Bourne wishes to thankeveryone who supported this event.

SIMON E. SOBELOFFJEWISH LAW SOCIETY

PLEASE JOIN US FOR OUR3RD ANNUAL HANUKAH PARTY onDECEMBER 21, 2006 from 5:30 to8:30 pm.

This year the event will be held in themodest but comfortable "SALANTCOMPOUND" located at 14813Cobblestone Drive, Silver Spring,Maryland. There will be dreidels, candlelighting, music and "THE BESTLATKE CONTEST." Come gather withfriends and colleagues as we celebrate theholiday, eat, drink and schmooze.Membership encouraged but not

required. Dietary laws observed.PLEASE RSVP to [email protected] orcall Brian Barke at (301) 309-8300 forfurther information.

PRINCE GEORGE’S COUNTYBAR ASSOCIATION

The Prince George’s County BarAssociation and the Prince George’s CountyWomen’s Bar invite you to their AnnualHoliday Party on Monday, December 11,2006 at 6:00p.m. at the Newton WhiteMansion, Mitchellville, MD.

We are asking ALL attendees toplease bring an unwrapped toy to donateto the P.G. County Office of YouthStrategies and Programs, who will be pro-viding them to needy youth in the county.

The P.G. County Women’s Bar willalso be collecting toiletries and acceptingcash donations to purchase “Cozy Socks”for the Girls of the Waxter DetentionCenter.

The cost for this event is $40. PleaseRSVP by December 6th by calling (301)952-1422 or by email [email protected].

Send check to Prince George’sCounty Bar Association, Inc., 14330 OldMarlboro Pike, Upper Marlboro, MD20772. To pay by credit card, please call(301) 952-1442.

MONTGOMERY COUNTYWOMEN'S BARASSOCIATION

We had a fantastic judicial receptionlast month! Thank you to Lisa Segel for

almost single-handedly putting the wholeevent together. The food was particularlydelicious - many attendees went out oftheir way to comment about the food! Itwas the WBA's pleasure to honor ourjudges and court staff with such a beauti-ful reception.

Congratulations to MontgomeryCounty Chapter WBA member, theHonorable Mary Beth McCormick forher elevation to the Circuit Court bench.We are very proud of her and look for-ward to her investiture this month.

Please plan to join us for our annualholiday party at Susan Oldham's fabu-lous home on December 7, 2006. Theparty begins at 5:30p and Susan's addressis 10704 Balantre Lane, Potomac,Maryland. Please bring an unwrapped toywith you as a donation to Toys for Totsand share the holiday joy with a child lessfortunate than you this year. No R.S.V.P.for this event is required.

Would you like some insight intoyour personality? I am sure each of uscould use these nuggets to evaluate howthe personal affects the professional! Ifyou are interested, on January 12, 2007,our Chapter has arranged for 20 luckypeople to be able to have a deluxe boxedlunch at the Women's Commission whiletaking the Myers-Briggs personality test.The cost is only $28.00 (which is lessthan what it costs the Women'sCommission to score the test for us) andthere will be some fun door prizes. If youare interested, please make your checkpayable to the WBA and send it toBonnie Montgomery or Bibi Berry(their addresses are inside theMuseletter), this event's fabulous co-sponsors!

The Auction is only three monthsaway! Please email Donna Van Scoy [email protected] or Anne MarieJackson at [email protected] your donation items or availabilityto help!

This month's Executive Committeewill be held on December 11, 2006 at theCircuit Court library starting at noon. AllWBA members are encouraged to attend!

Heather Hostetter, President

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

The deadline for submission ofcopy for the newsletter is the 10th

of the month for the followingmonths’ issue.

STATE & NATIONALMARYLAND STATE BAR

ASSOCIATION, INC.COMMITTEE ON ETHICSETHICS DOCKET NO. 2007-09

FINALEthics of Viewing and/or Using Metadata

You have raised several questions, in thecontext of litigation, concerning the ethics ofviewing and/or using metadata under TheMaryland Lawyers' Rules of ProfessionalConduct ("Maryland Rules of ProfessionalConduct" or "Maryland Rule"). For purposes ofthis Opinion, the Ethics Committee adopts yourdefinition of "metadata" as being informationwithin programs (e.g., MicrosoftWord/Excel/Power Point, Corel WordPerfect/Quattro Pro, Adobe Acrobat, etc.) whichis not readily visible but which is accessible andwhich may include data such as author, dates ofcreation/printing, number of revisions, contentof those revisions/previous versions, editingtime, etc.

You raise three questions in your inquiry:first, whether it is ethical for the attorney recip-ient to view or use metadata in documents pro-

duced by another party; second, whether theattorney sender has any duty to remove metada-ta from the files prior to sending them; and third,whether the attorney recipient has any ethicalduty not to view or otherwise use the metadatawithout first ascertaining whether the senderintended to include such metadata in the pro-duced documents. By referring to "attorney," weinclude non-lawyer assistants over whom theattorney has supervisory responsibility. SeeMaryland Rule 5.3.

The questions you raise have not previous-ly been considered by the Ethics Committee.Because of the relatively recent growth of elec-tronic discovery, technology associated there-with, and developing rules of procedure andcase law, there is not a lot of precedent and, fur-thermore, it is impossible to cover every con-ceivable situation which may arise with respectto the issues raised by your inquiries.Accordingly, the scope of this Opinion will begeneral in nature, recognizing that some of thegeneral principles discussed below may be sub-ject to modification depending upon specificfactual situations and/or legal requirements.

The Committee believes that your first andthird inquiries can be discussed together, name-

ly whether the recipient attorney of electronicdiscovery containing metadata may view or usethat metadata without first ascertaining whetherthe sender attorney inadvertently or intentionallyincluded the metadata in the production of theelectronic discovery. Subject to any legal stan-dards or requirements (case law, statutes, rules ofprocedure, administrative rules, etc.), thisCommittee believes that there is no ethical vio-lation if the recipient attorney (or those workingunder the attorney's direction) reviews or makesuse of the metadata without first ascertainingwhether the sender intended to include suchmetadata. The Committee's opinion in thisregard is heavily influenced by the differencebetween the Maryland Rules of ProfessionalConduct and the American Bar Association'sModel Rules of Professional Conduct. InFebruary 2002, the ABA Model Rules ofProfessional Conduct were amended to add Rule4.4(b), which states that "A lawyer who receivesa document relating to the representation of thelawyer's client and knows or reasonably shouldknow that the document was inadvertently sentshall promptly notify the sender." In FormalOpinion 05-437, the ABA Standing Committeeon Ethics and Professional Responsibility point-


HEADINGed out that while Rule 4.4(b ) obligated thereceiving lawyer to notify the sender of theinadvertent transmission promptly, the Rule did"not require the receiving lawyer either torefrain from examining the materials or to abideby the instructions of the sending lawyer."Comment 2 to Model Rule 4.4 explains that"whether the lawyer is required to take addition-al steps, such as returning the original docu-ment, is a matter of law beyond the scope ofthese Rules, as is the question of whether theprivileged status of a document has beenwaived."

The Maryland Rules of ProfessionalConduct, however, have not been amended toinclude Model Rule 4.4(b). Accordingly, theMaryland Rules of Professional Conduct do notrequire the receiving attorney to notify the send-ing attorney that there may have been an inad-vertent transmittal of privileged (or, for thatmatter, work product) materials. Of course, thereceiving lawyer can, and probably should,communicate with his or her client concerningthe pros and cons of whether to notify the send-ing attorney and/or to take such other actionwhich they believe is appropriate. See generallyRule 1.4 (communications with client concern-ing certain matters involving the representa-tion).1

Although this Committee does not opineon legal issues, the Committee believes it isappropriate in this instance to point out how thelack of an ethical obligation to notify the senderor to return the privileged or work-product doc-uments to the sender may be impacted, at leastin terms of federal court litigation, by certainamendments to the Federal Rules of CivilProcedure which go into effect on December 1,2006 and which pertain to electronic discovery.Recognizing the complexity of electronic dis-covery and, perhaps, anticipating that inadver-tent production of privileged or work productmaterial may well be an ongoing problem, pro-posed Federal Rule 16(b)(5) and (6) as part ofthe requirement that the parties confer and work

out an initial scheduling order, encourages theparties to meet and discuss possible provisionsfor disclosure or discovery of electronicallystored information, and try to reach agreementsconcerning the assertion of claims of privilegeor protection as to trial-preparation materialseven after production of such documents. Anysuch agreements would supersede the ethicalstandard described above because the parties,and their counsel, would be obligated to conductthemselves in accordance with the terms of anysuch agreement; otherwise, the attorney couldwell be in violation of Rule 8.4(b) by engagingin conduct that is prejudicial to the administra-tion of justice.

Proposed Federal Rule 26(b)(5) provides asfollows:"Information produced. If information isproduced in discovery that is subject to aclaim of privilege or protection as trial-preparation material, the party making theclaim may notify any party that received theinformation of the claim and the basis for it.After being notified, a party must promptlyreturn, sequester, or destroy the specifiedinformation and any copies it has and maynot use or disclose the information until theclaim is resolved. A receiving party maypromptly present the information to thecourt under seal for a determination of theclaim. If the receiving party disclosed theinformation before being notified, it musttake reasonable steps to retrieve it. The pro-ducing party must preserve the informationuntil the claim is resolved."

Accordingly, the lack of any ethical prohi-bition concerning the review and/or use ofmetadata discussed earlier in this Opinionwould, at least in the arena of federal litigation,be superseded by the legal requirements setforth in the Federal Rules which go into effecton December 1, 2006, and any violation ofthose Federal Rules would in all likelihood con-stitute a violation of Rule 8.4(d) as being preju-dicial to the administration of justice.

STATE & NATIONALFinally, you inquire as to whether the

attorney sending the electronic discoveryhas a duty to remove metadata from the filesprior to production thereof. The Committeebelieves that, absent an agreement with theother parties (such as is contemplated in pro-posed Federal Rules 16(b)(5) and (6), thesending attorney has an ethical obligation totake reasonable measures to avoid the dis-closure of confidential or work productmaterials imbedded in the electronic discov-ery. The Committee believes that this ethicalobligation arises out of a combination ofRule 1.1, which provides that a lawyer shallprovide competent representation to a client,together with Rule 1.6, which obligates thelawyer not to reveal confidential informationrelating to the representation of a client. Seegenerally, New York State Bar AssociationCommittee on Professional Ethics Opinion782 (2004), concluding that attorneys havean obligation to "stay abreast of technologi-cal advances" and to behave reasonably inaccordance with the risks involved in thetechnology they use. This is not to say, how-ever, that every inadvertent disclosure ofprivileged or work product material wouldconstitute a violation of Rules 1.1 and/or 1.6since each case would have to be evaluatedbased on the facts and circumstances appli-cable thereto.

We thank you for your inquiry and hopethat the foregoing is responsive thereto.Opinions of the Committee may be obtainedfrom the MSBA web site: www.msba.org.

1Comment 3 to ABA Model Rule 4.4 states that wherean attorney is not required by applicable law to return an inad-vertently produced document, "the decision to voluntarilyreturn such a document is a matter of professional judgmentordinarily reserved to the lawyer. See Rules 1.2 and 1.4."

2For a detailed discussion of problems and suggestedsolutions concerning electronic discovery, the inadvertent dis-closure of privileged or work-product materials, and the legalstandards for waiver under federal law and Maryland law, seethe excellent opinion of Magistrate Judge Grimm in Hopsonv. Mayor & City Council of Baltimore, 232 F.R.D. 228 (2005).


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LEGAL ANNOUNCEMENTSFarber Legal LLC wishes to correct the statementin a previous newsletter notice that its newest asso-ciate, David Silvers, was formerly a partner at WardKlein. David Silvers was an associate at thatdeservedly esteemed law firm.Caplan, Buckner, Kostecka & Korteling ispleased to announce that Melissa L. Vogel hasjoined the firm as an associate and will practice inthe areas of domestic/family law and civil litigationin Maryland. Ms. Vogel received her B.A. fromTrinity College in 2001 and her J.D. from CatholicUniversity Columbus School of Law in 2005. Sherecently served as Law Clerk to the Honorable J.Michael Ryan of the District of Columbia SuperiorCourt and participated in the Familus and the LawClinic, Columbus Community Legal Services.Lerch, Early & Brewer, Chtd. is pleased toannounce that Anne B. Fox has joined the firm asan associate in the firm’s Employment and Laborand Litigation groups. Prior to joining the firm, Ms.Fox worked as a clerk to the Honorable Paul M.Newby of the North Carolina Supreme Court. Ms.Fox received her J.D. with honors from theUniversity of North Carolina School of Law in2005. She received her B.A., magna cum laude, inEnglish from the College of William and Mary inWilliamsburg, VA in 2000.David A. Lucas is pleased to announce the openingof the Law Office of David A. Lucas, LLC at 8401Connecticut Ave., Suite 105, Chevy Chase, MD20815 where he will focus on Estate Planning,Estate Administration, and Business Law inMaryland and the District of Columbia. Hisnew contact information is: Tel.: (301) 215-7766; fax: (301) 576-3805; and email:[email protected] D. McKeon, Esquire, and The McKeon LawFirm are proud to announce the addition of Paramjit(Pam) K. Ahluwalia as a senior associate attorney.Pam received her JD from The College of Law,London England in 1991, and after several yearspracticing as a family law attorney in England, Pamcame to the United States where she has worked withBrodsky, Greenblatt & Renehan, Chtd. We are veryhappy to have Pam with the quality, skill, and experi-ence that she brings to our budding legal team.

Brian D. Sadur is pleased to announce the reloca-tion of his law office to 15 West Montgomery Ave.,Suite 205, Rockville, MD 20850. His new tele-phone number is (301) 340-2930; fax: (301) 340-2940; email: [email protected], McMillan & Metro, P.C. will change itsname to McMillan Metro, P.C. effective January1, 2007. Principals Donna M. McMillan, A.Howard Metro, Michael A. Faerber, Ronald E.Lyons, Lona L. Feldman and Sue Lawless, willcontinue to provide services for clients relating tobusiness development, formation, and operation,commercial real estate, estate planning and probateand litigation. A. Howard Metro and Ronald E.Lyons will lead the firm’s business practice groupand continue to provide strategies for planning,developing, forming and operating businesses andadvice relating to business disputes, acquisitions,contracts, and commercial and business transac-tions. They will also continue to focus on emergingbusiness issues relating to interest allocation,finance and management, technology and employ-ment matters, workouts and mediation. Donna M.McMillan and Michael A. Faerber will continueto lead the commercial real estate group focusingon the representation of builders, developers andproperty owners in all aspects of commercial realestate acquisition, sales, leasing and finance, trans-actional matters and homeowner association andcondominium formation. Lona L. Feldman withRonald E. Lyons will continue to manage the firm’sestates and trust group focusing on estate planningand probate, elder law, including Medicare andMedicaid issues, trust planning, administrative lawand taxation matters. Sue Lawless will manage thefirm’s litigation group providing support andadvice to all aspects of the firm’s business, estatesand trusts, and commercial real estate practice andrepresenting clients in employment disputes, com-mercial lease disputes, shareholder and businessdisputes, and construction litigation. Additionally,the litigation group provides advice regarding com-mercial transportation and regulatory complianceissues, provides defense in liability and insurancecoverage cases, and defends clients in administra-tive proceedings. The firm’s offices will continueat 1901 Research Boulevard, Suite 500, Rockville,Maryland 20850, (301) 251 1180 [phone], (301)251-0447 [fax], www.mcmillanmetro.com.

PAGE 22

WHAT’S NEW ...Stein, Sperling, Bennett, De Jong, Driscoll &Greenfeig, P.C. announces that Ronald M. Bolthas become associated with the firm. Mr. Boltfocuses his practice on a full range of businessmatters including entity formation, commercialcontracts, business sale and acquisition agree-ments, employment and human resources matters,state and regulatory compliance issues, and com-mercial financing. Mr. Bolt received his B.A.degree from the University of Maryland and J.D.degree from Widener University School of Lawwhere he was a member of the Widener LawSymposium Journal. During law school, he servedas law clerk to the Office of the Maryland AttorneyGeneral. After law school, he served as a law clerkto the Circuit Court for Dorchester County,Maryland.Strickler, Sachitano and Hatfield, P.A. is pleasedto welcome Joline F. Sikaitis and David W.Mazzone as Associates of the firm. Ms. Sikaitisgraduated cum laude from The Catholic Universityof America, Columbus School of Law, in 2006,where she earned her J.D. and M.S.W. degreesconcurrently. She was a Note & Comment editoron The Catholic University Law Review where hercomment on The Enforceability of ‘No-Child’Provisions in Prenuptial Agreements was pub-lished (Edition 54:1 (Fall 2004)). During lawschool, Ms. Sikaitis worked as a summer law clerkfor Strickler, Sachitano & Hatfield, P.A., for twoyears, and for the Families and the Law Clinic atCatholic University, both as a student attorney andas a research assistant. She will practice allaspects of family law. Mr. Mazzone received hisJ.D. degree from The George WashingtonUniversity School of Law. Mr. Mazzone wrote hislaw school thesis on child custody and visitationissues arising from the use of unknown spermdonors. During law school, Mr. Mazzone spentone year working as a law clerk for Strickler,Sachitano & Hatfield, P.A. He will practice allaspects of family law.Robert J. Tyrrell, Michael R. Mason and RobertL. Pillote, Jr. are pleased to announce the mergerof their practices under the name of Tyrrell,Mason & Pillote, P.C. Our address and phonenumbers are: 6010 Executive Blvd., Suite 900,Rockville, MD 20852, (301) 984-4790; fax: (301)770-5202.



RENT/LEASEBETHESDA/CHEVY CHASE – One spacious,attractive windowed office available for sublet atprime Connecticut Ave. location less than a milefrom beltway. Space available for staff. Quiet,ground floor of Class A building. Easy access andconvenient parking for clients. Conference room,kitchen, all amenities. Call Anne DeNovo at (301)654-1200.

BETHESDA – As little as 1, but up to 3 windowedoffice spaces, including working space, available inlaw office. Receptionist, copier, fax, voice mail,access to conference rooms. DSL available. Privateon-site reserved parking space available and publicparking lot located next to building. Easy access tothe beltway and Metro. $750 per month peroffice–work space negotiable. Call Sophia at (301)986-4880.

NORTH BETHESDA/ROCKVILLE – Cornerwindowed office with secretarial space in TheExecutive Condominium on Executive Blvd.Walking distance to White Flint Metro Station andeasy access to Rockville Pike, I-270 and OldGeorgetown Rd. Suite with other attorneys hasreceptionist services, two conference rooms, photocopier, law library, fax, DSL, and kitchenette.

Parking is free to tenant, staff and clients. Lookingfor compatible attorney who may be interested inreferrals. Contact Larry Kent at (301) 984-1212 [email protected].

CHEVY CHASE – Large professional office, with2 windows, facing south, in law firm suite on 11thfloor of the Chevy Chase Building, 5530 WisconsinAve. Semi-finished, if desired. Reasonable rent.Use of 2 large conference rooms, reception, tele-phone system, full kitchen, copier, fax, codes. Lowcost parking nearby. Call (301) 951-0270 or emailto [email protected].

GAITHERSBURG – Space available in law office.Receptionist, copier, fax, voice mail, conferenceroom included. DSL available. Desirable locationon Route 355. $750/month. Call Stephen Allen at(301) 987-2002.

GERMANTOWN – Very nice 4th floor windowedoffice available at professional office building at12800 Middlebrook Rd. near I-270 access (TrevionII Park). Nice views, lots of natural light, newlybuilt out. Receptionist, plus the usual amenitiesavailable, including conference room, DSL, newkitchen, bath/shower. Coming from the north, youmiss out on nearly all of the I-270 backups in themorning. Call T. Andrews at (240) 328-1600.

ROCKVILLE – Class “A” Office Space – Perfectfor small law firm or sole practitioners. Multipleoffices and secretarial bays available inrecently constructed first-class modern multi-lawyersuite. View photos and information atwww.socialsecurityadvocates.com/officespace.html.Convenient located on North Washington St.–walk-ing distance from courthouses. Contact Barry at(301) 251-6200.ROCKVILLE – Large corner office with two win-dows, available October 1st. 1/2 block to DistrictCourt. Includes: receptionist, parking, use of copi-er, fax, DSL line, kitchen and conference room. Funwork atmosphere. Call Trisha at (301) 294-3467.ROCKVILLE – Large window office available forattorney in small suite with other friendly folks at110 North Washington St. Reasonably priced, walkto Metro. Overflow work possible. Call Alice at(301) 738-8220.ROCKVILLE – Office Space Available – Acrossfrom White Flint Mall. Windowed offices and officeswithout windows available for rent. ConferenceRoom, Client Waiting Area and Copier available foruse. Receptionist services available. Overflow workpotentially available for suitable attorney-tenant. Forfurther information please contact (301) 231-9200.

PAGE 23

WHAT’S NEW ...


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

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

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

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

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

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

David R. Harrison Real Estate 301-258-9317

ALAN J. NUTAATTORNEY AT LAW

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ROCKVILLE/COURTHOUSE AREA – One ortwo large windowed offices (furnished or unfur-nished) near Courthouse and Rockville Metroavailable for immediate sublease. Includes park-ing, reception area, fax, copier and conferenceroom. Work station available for staff, if desired.Congenial multi-lawyer suite located at 50 WestMontgomery Ave. Quick walk to District andCircuit Courts and all the amenities of downtownRockville Call Irwin Meiselman at (301) 315-9400.ROCKVILLE – 1 or 2 windowed offices in mod-ern downtown Rockville office building. Shareduse of kitchen, copier, fax, great conference roomdirectly overlooking new Rockville Town Center,underground parking available. Some referral workpossible. Walking distance to all courts, Rockvillemetro, MARC train, shops, restaurants, TownCenter. High-speed DSL, cable TV. Availableimmediately, contact Harvey at (301) 251-5480 [email protected] – One windowed office in a pent-house suite. Premium office building, one blockfrom court and metro. Secretarial space available.Reception area, fax, copier, conference room,kitchen and outdoor terrace with spectacular views.Indoor garage parking available. Available immedi-ately. Call (301) 340-3003.ROCKVILLE – One windowed office on secondfloor of two-level office building that has a confer-ence room, kitchen, reception area and free parking.Walking distance to Circuit/District Courts andMetro. Reasonable rent. Contact Benjamin A.Klopman at (301) 424-0677.ROCKVILLE – Part time/satellite opportunity in abeautiful penthouse office with outdoor terrace.One block to Circuit Court, adjacent to theRockville Metro Station. Full use of conferenceroom and all other amenities for $300 a month. CallJon Fellner at (301) 309-2000 or email [email protected] – Prime office space formerly occu-pied by The Law Offices of Shelly D. McKeon at 51Monroe St., Rockville, convenient located across

at (301) 417-1063 or Andy Shulman at (301) 417-2558.

ROCKVILLE – Two spacious windowed offices ina brand new luxury suite with use of conferencerooms and break area available from January 2,2007. Near metro and courthouse. Potential forplenty of referrals. Please contact (301) 424-1602.Litigators preferred.

SILVER SPRING – 3,000 square feet availableJan. 1 for 7-month sublet and/or extended lease. 7windowed offices/reception/conference room/fileroom/kitchen. Convenient to District Court/Beltway/DC/Metro. Free parking. 8555 16th St.,Silver Spring, MD. Call Judy at (301) 589-7800.

SILVER SPRING – Share a satellite office locatedon the corner of Georgia Ave. and Cameron St., nextto the old Silver Spring District Court building.$150/month. Fax requirements for use and areas ofpractice to (301) 987-2487.

ATTORNEY OPPORTUNITIESASSOCIATE – Samek & Rotbert, LLC, a newlyformed law firm with large client base, is seekinga corporate/business/transactional associate withthree to five years experience. CPA, financialand/or tax background a plus. Good drafting skillsa must. Significant client contact and great oppor-tunity for the right candidate. Interested candi-dates should email resumes to:[email protected].

ASSOCIATES – Shulman, Rogers, Gandal, Pordy& Ecker, P.A., seeks the following associates forthese thriving practice areas: COMMERCIALLITIGATION (1) Employment/Business LitigationAssociate: 3+ years of commercial litigation andemployment law experience. Litigation experi-ence is essential. Excellent long term careeropportunity for an individual with superior aca-demic credentials who is eager to take on signifi-cant responsibility in all aspects of cases and clientrelations. Maryland bar required, VA bar isdesired. (2) Senior Associate: 5+ years of experi-ence and at least some 1st or 2nd chair trial expe-rience to join high profile builder/developer prac-tice group. The ideal candidate will have somereal estate transactional experience, some familiar-ity with construction and litigation, and experiencewith complex settlement negotiation and drafting.VA Bar strongly preferred and able to take MDattorney exam. (3) General Associate: 3+ years ofexperience in general commercial litigation withcourtroom experience. Strong research and writ-ing skills necessary. Maryland bar required, DCand VA bars preferred. CORPORATE ASSOCI-ATES: TWO associates with 2+ years of experi-ence in corporate law. M&A, securities and/or taxbackground a plus. A rare career opportunity for acorporate lawyer to learn and develop within ahighly successful firm. ZONING/LAND USE: 3-5+ years of experience representing landowners,developers and other businesses in obtainingzoning and other land use approvals. Litigationand contracts experience is helpful. Excellentpractice building and partnership opportunities.For consideration, submit resume and writingsample to: Ms. Maura Bowen, Fax: (301) 230-2891; email: [email protected]; website: www.shulmanrogers.com.

PAGE 24

WHAT’S NEW ...(Continued from preceding page) the street from the Rockville Metro Station and the

Circuit Court for Montgomery County. 1,690square foot space with 7 offices, a common area,reception area and an assistant’s office. Availablefor immediate occupancy. 3 parking spaces areincluded with this unit at an additional cost. Pleasecall Robert McKeon of The McKeon Law Firm at(301) 417-9222.ROCKVILLE – Several window offices for rent inbright, quiet, cathedral ceiling Rockville town-house. Use of conference rooms, library, kitchenand spacious client waiting areas. Plenty of freeparking. Feed/sort copies available. Short walk toCircuit and District Court. Practice law comfort-ably. Call (301) 251-1600.ROCKVILLE – Single Office in 51 Monroe St.Ideal for solo practitioner. Amenities includekitchen, DSL, copier, conference room, separateentrance, and a fun and relaxed work environment.Call (301) 762-7644.ROCKVILLE – 600 Jefferson Plaza (at intersec-tion of Rockville Pike/Viers Mill). Two blocksfrom Rockville Metro. Great office location and inupscale building. One furnished office left innewly decorated office with mahogany furniturethroughout and new cabinetry, lighting, and carpet.Secure indoor parking. Free visitor parking, DSL,monthly copying, and use of reception area, confer-ence room and kitchen. Referrals possible. Call(301) 424-6339 to schedule visit or for more infor-mation.ROCKVILLE – Top-tier Office Space – Threeexecutive windowed offices (each 16’ x 10’ or larg-er) available in new upscale building. Perfect forsmall law firm or sole practitioners. Includes sharedaccess to conference room, work room with high-speed color copier, fax, and upscale kitchen. Freecoffee, filtered water and soda available. Includestelephone equipment, high-speed internet accessand Comcast TV. Covered parking also available.Renting unfurnished or furnished upon request.Conveniently located at 11 North WashingtonSt.–across from Montgomery County Courthouse.Walking distance to Rockville Metro rail, MARCrail, restaurants and shops. Contact Bob Wrightson


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Marc B. Bergoffen, 7315 Wisconsin Ave.,Suite 800 West, Bethesda, MD 20814-3202;tel.: (301) 656-2707; fax: (301) 961-6540;email: [email protected]

Catherine D. Bertram, 1919 M St., NW,Suite 350, Washington, DC 20036; tel.: (202)463-3030; fax: (202) 463-0667; email:[email protected]

Carole G. Gelfeld, 11101 Huntover Dr.,Rockville, MD 20852-3611; tel.: (301) 770-4092; fax: (301) 770-2661; email:[email protected]

Robert M. Gottschalk, 1900 M St., NW,Washington, DC 20036-3565; tel.: (202) 530-3300; fax: (202) 530-4411; email:[email protected]

Marianne R. Koch, 231 East Baltimore St.,Suite 1400, Baltimore, MD 21202; tel.: (443)919-3973; fax: (410) 783-1316; email:[email protected]

Leon Rodriguez, 1401 H St., NW, Suite 500,Washington, DC 20896; tel.: (202) 326-5070;fax: (202) 326-5270; email:[email protected]

Timothy Tinsman, 600 East Jefferson St.,Suite 316, Rockville, MD 20852; email:[email protected]

Melissa Vogel, 3 Bethesda Metro Center,Suite 530, Bethesda, MD 20814; tel.: (301)718-1700; fax: (301) 718-8359; email:[email protected]

Clark E. Wisor, III, 51 Monroe St., Suite811, Rockville, MD 20850; tel.: (301) 610-4519; fax: (301) 610-4637; email:[email protected]

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Anger Management Techniques . . . . . . .18

Paul J. Benkert, Jr., Esquire . . . . . . . . . . .6

Berenato, White & Stavish, LLC . . . . . .25www.bwsiplaw.com

Bethesda Research Services . . . . . . . . . .10

Capital Business Brokerage . . . . . . . . . .12www.CapitalBusinessBrokerage.com

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

Stephen J. Dunn, Esquire . . . . . . . . . . . .12www.sdunnlaw.com

EagleBank . . . . . . . . . . . . . . . . . . . . . . . .20eaglebankmd.com

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

Elkind & Shea . . . . . . . . . . . . . . . . . . . . .20www.disabilitybenefitslawfirm.com

Euro Motorcars . . . . . . . . . . . . . . . . . . . . .4

David Harrison . . . . . . . . . . . . . . . . .21, 23www.marylandappraiser.com

Michael L. Kabik, Esquire . . . . . . . . . . .10www.srgpe.com/immigration.html

Maryland Bonding . . . . . . . . . . . . . . . . . .16

The McCammon Group . . . . . . . . . . . . .13www.McCammonGroup.com

Metro Counseling Services, Inc. . . . . . . .16www.metrocounselingservices.com

Metropolitan Process Services . . . . . . . . .5www.metroprocess24.com

Montgomery County Sentinel . . . . . . . .23www.thesentinel.com

Stephen E. Moss, Esquire . . . . . . . . . . . .11

Alan J. Nuta, Esquire . . . . . . . . . . . . . . .23

Oxley & Goldburn Insurance . . . . . . . . .11www.oxley-goldburn.com

Paley, Rothman, Goldstein, Rosenberg,Eig & Cooper, Chartered . . . . . . . . . .7

Professional Process Serving, Inc. . . . . . .8

Race Investigations . . . . . . . . . . . . . . . . . .8

Risk Management Group . . . . . . . . . . .19www.divorce-and-money.com

Rossmann - Hurt - Hoffman, Inc. . . . . .17www.rhhinsurance.com

Target Investigations . . . . . . . . . . . . . . . .22www.target-investigations.com

Courtland K. Townsend, Jr., Esquire . . .21

Alan S. Zipp, Esquire . . . . . . . . . . . . . . . .5

COMMERCIAL LITIGATION ASSOCIATE –Stein, Sperling, Bennett, De Jong, Driscoll &Greenfeig, P.C., an established AV rated Rockville,Maryland law firm, has immediate opening for acommercial litigation associate. Excellent opportu-nity in a fast paced environment with significantclient contact and court opportunities for detail ori-ented, self-directed & highly motivated lawyer.Minimum of 3 years experience and MD bar isrequired. DC & VA bars helpful. Send resume [email protected] or fax to (301) 354-8140.ATTORNEY – Well established AV rated Rockvillelaw firm has exciting opportunity for a trial attorneywith 5-8 years experience to join its existing andvaried commercial litigation practice. DC and MDBar required, VA Bar a plus. Some portable experi-ence a plus although willing to consider the rightperson with the right attitude. Commercial,employment, insurance defense litigation experi-ence preferred but will consider other litigationexperience for the right person. First or secondchair trial experience preferred. You also must haveexcellent client communication skills, work as ateam player, and demonstrate sound judgment.Send resume and salary requirements to:[email protected] OPPORTUNITY – We are aprofitable 15 attorney firm in Bethesda with asophisticated Metro DC area practice. We are inter-ested in adding partners in some of our practice spe-cialities that include: Litigation and DisputeResolution; Business and Commercial Transactions;and Estates & Trusts. If you have developeda mastery of your practice area and you haveportable business, please contact Al Pasternak [email protected]. See our website(www.pasternakfidis.com) for more informationabout our firm.

FOR SALEOne nice attorney desk in very good condition,cherry color. $500, pick up required. If interested,contact Prudence at (301) 762-7644.

~ NEW MEMBERS ~


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

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JUDGES SCHEDULES

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

PeriodicalsPostagePAID

atRockville, MD

Calendar☺ Bar Office Conference Room CLE Classroom

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

DECEMBER1 7:30a.m. ☺ Foundation Board of Directors4 5:30p.m. / CLE Seminar–Personal Injury5 12:15p.m. Bar Association Luncheon

4:30p.m. ☺ Professionalism Committee7:30p.m. Law School for the Public Taping

6 8:00a.m. Circuit Court Bench Bar Com.5:30p.m. Taxation Law Section Meeting

7 7:30a.m. District Court Bench Bar Com.5:30p.m. WBA Holiday Party

8 4:00p.m. Judge McCormick Investiture11 5:00p.m. ☺ Executive Committee Meeting12 8:30a.m. / CLE Seminar–Commercial Lit.13 8:00a.m. ☺ Pro Bono Committee

12:30p.m. Circuit Court Chamber Chat4:30p.m. ☺ Legal Ethics Committee Meeting

14 7:45a.m. / CLE Breakfast–Employment Law4:30p.m. ☺ Workers Compensation Section5:00p.m. Family Law Section Holiday Party

15 7:30a.m. Minority Breakfast16 Hanukkah20 12:30p.m. CINA Bench Bar21 4:00p.m. Judge Sarsfield Investiture

5:30p.m. Sobeloff Hanukah Party25 Christmas – HOLIDAY26 FLOATING HOLIDAY – Bar Office Closed

JANUARY1 New Years Day – HOLIDAY2 4:30p.m. ☺ Professionalism Committee3 8:00a.m. Circuit Court Bench Bar Com.

5:30p.m. Taxation Law Section Meeting4 7:30a.m. District Court Bench Bar Com.8 5:00p.m. ☺ Executive Committee Meeting9 7:30a.m. Real Estate Law Section

12:15p.m. Bar Association Luncheon10 8:00a.m. ☺ Intellectual Property Section

4:30p.m. ☺ Legal Ethics Committee Meeting11 8:00a.m. Employment Law Section

4:30p.m. ☺ Workers Compensation Section5:00p.m. Lawyer to Lawyer Committee

12 7:30a.m. Foundation Board of Directors15 Martin Luther King Jr. Day – HOLIDAY18 8:00a.m. Law Firm Management Section

12:30p.m. DELQ Bench Bar5:30p.m. Family Law Section

19 Noon ☺ Personal Injury Litigation Section20 11:45a.m. Estate & Trust Law Section

4:00p.m. ☺ Judicial Selections Panel Com.23 8:00a.m. Commercial Litigation Section

Future CalendarDecember 7, 2006 ~ WBA Holiday PartyDecember 14, 2006 ~ Family Law Section Holiday PartyMarch 10, 2006 ~ WBA AuctionApril 21, 2007 ~ BAMC Barristers’ Bash ~ Rockville

April 26, 2007 ~ WBA Take Your Child to Work LuncheonMay 4, 2007 ~ BAMC Annual Meeting & Law Day CelebrationMay 17, 2007 ~ WBA Law Day at the Women’s Commission

the bar association of montgomery county, md … · written resume, not to exceed two pages on a 3...

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